City of Sachse, TX IN GENERAL

The International Building Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the building code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Building Code, 2021 edition.

[1]

Editor’s note–The 2021 IBC Amendments are included as an attachment to this chapter.

(Ordinance 2130, sec. 1, adopted 5/2/05; Ordinance 3428, sec. 1, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 1, adopted 12/18/17; Ordinance 2131, sec. 1, adopted 5/2/05; Ordinance 3428, sec. 2, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 2, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-1.1 International Residential Code.

Adoption.

The International Residential Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the residential code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Residential Code, 2021 edition.

[1]

Editor’s note–The 2021 IRC Amendments are included as an attachment to this chapter.

(Ordinance 3428, sec. 3, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 3, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-1.2 International Energy Conservation Code.

Adoption.

The International Energy Conservation Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the energy code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Energy Conservation Code, 2021 edition.

[1]

Editor’s note–The 2021 IECC Amendments are included as an attachment to this chapter.

(Ordinance 3428, sec. 3, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 3, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-1.3 Residential green building program.

General requirements.

All single-family residential, duplex residential and townhome residential development platted shall comply with the minimum standards set forth by the residential green building program for energy efficiency, water conservation and indoor air quality.

Minimum standards.

(1)

Energy efficiency.

(a)

The minimum standard for energy efficiency of single-family residential structures shall be the environmental protection agency’s EPA Energy Star designation as it stands or may be amended with a score of 85 or below on the Home Energy Rating Systems (“HERS”) index.

(b)

Every home shall be tested by a Residential Energy Services Network (“RESNET”) HERS inspector/rater who is accredited through a RESNET-approved HERS provider. The HERS provider must register with the city on an annual basis. No batch testing shall be allowed.

(c)

A return air path shall be provided for any room that can be closed off by a door (except for baths, kitchens, closets, pantries, mechanical rooms and laundry rooms). The pressure differential for said room, with doors closed and air handler operating, shall not exceed ± 3 Pascal pressure differential with respect to the main body of the home where the central air return is located.

(d)

All joints in the air distribution system shall be sealed with duct mastic or approved equivalent.

(e)

Dishwashers must be Energy Star designated and labeled.

(f)

A minimum of one programmable thermostat is required on every story.

(2)

Water conservation.

(a)

Homebuilders shall display in all model homes information provided by the city concerning the benefits of xeriscaping and water conservation practices.

(b)

Irrigation systems shall include a rain and freeze sensor and shall be installed to manufacturer’s specifications.

(c)

A portable drip irrigation bag or zoned bubbler system shall be installed for each required tree.

(3)

Indoor air quality.

(a)

The minimum standard for indoor air quality of single-family residential structures shall be the American Society of Heating, Refrigerating and Air-Conditioning Engineers (“ASHRAE”) Standard 62.2 as it stands or may be amended.

(b)

All mechanical room walls exposed to any living area shall be insulated to R-11.

(c)

All unvented fireplaces and gas logs equipped with a fan that blows any level of combustion gases into any living space shall be prohibited.

(d)

Exterior ventilation system installed per ASHRAE standards must perform at:

Kitchen-25 cubic feet per minute (“CFM”) (continuous) or 100 CFM (spot).

Bathroom-20 CFM (continuous) or 50 CFM (spot).

Master bedroom-20 CFM.

Other bedrooms-10 CFM.

(e)

All ducts supplying outdoor air must be equipped with a filter inside the return.

(f)

A furnace and/or duct-mounted electronic/electrostatic air cleaner option shall be provided for homebuyers.

(g)

All central vacuum systems shall exhaust to the outside.

(h)

HVAC plenums on the supply shall be constructed of sheet metal (duct board shall be prohibited) with external insulation (minimum R-6, if located in unconditioned space).

(i)

Vinyl wallpaper is not allowed on the inside of exterior walls or on either side of wet walls, including but not limited to those in bathrooms, kitchen or laundry rooms.

(j)

A metal drip edge shall be provided at all exposed roof decking.

(Ordinance 3042, sec. 1, adopted 3/17/08)

§ 3-2 International Plumbing Code.

Adoption.

The International Plumbing Code, 2021 edition, as copy of which is on file in the office of the city secretary, is hereby adopted and designated as the plumbing code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Plumbing Code, 2021 edition.

[1]

Editor’s note–The 2021 IPC Amendments are included as an attachment to this chapter.

Cross connection control program.

No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the water supply is protected in accordance with the Texas Commission on Environmental Quality, formerly known as Texas Natural Resource Conservation Commission, Rules and Regulations for Public Water Systems (TCEQ Rules) and city ordinance. The water purveyor shall discontinue water service if a required backflow prevention assembly is not installed, maintained and tested in accordance with the TCEQ rules and city ordinance.

Backflow prevention assembly installation, testing and maintenance.

(1)

All backflow prevention assemblies shall be tested upon installation by a recognized backflow assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester.

(2)

All backflow prevention assemblies shall be installed and tested in accordance with the manufacturer’s instructions, the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14), or the University of Southern California Manual of Cross-Connection Control.

(3)

Assemblies shall be repaired, overhauled, or replaced at the expense of the customer whenever said assemblies are found to be defective. Original forms of such test, repairs, and overhaul shall be kept and submitted to the city within five working days of the test, repair or overhaul of each backflow prevention assembly.

(4)

No backflow prevention assembly or device shall be removed from use, relocated, or other assembly or device substituted without the approval of the city. Whenever the existing assembly or device is moved from the present location or cannot be repaired, the backflow assembly or device shall be replaced with a backflow prevention assembly or device that complies with this section, the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14), current edition, or the University of Southern California Manual of Cross-Connection Control current edition, or the current plumbing code of the city, whichever is more stringent.

(5)

Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association’s Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual M14), current edition, or the University of Southern California Manual of Cross-Connection Control, current edition. The original calibration form must be submitted to the city within five working days after calibration.

(6)

A recognized backflow prevention assembly tester must hold a current endorsement from the Texas Commission on Environmental Quality.

Customer service inspections.

(1)

A customer service inspection shall be completed prior to providing continuous water service to all new construction, on any existing service when the water purveyor has reason to believe that cross-connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities.

(2)

Only individuals with the following credentials shall be recognized as capable of conducting a customer service inspection.

(a)

Plumbing inspectors and water supply protection specialists that have been licensed by the Texas State Board of Plumbing Examiners.

(b)

Certified waterworks operators and members of other water related professional groups who have completed a training course, passed an examination administered by the commission or its designated agent, and hold a current endorsement issued by the commission.

(3)

The customer service inspection must certify that:

(a)

No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public water system by a properly installed air gap or an appropriate backflow prevention assembly.

(b)

No cross-connection between the public water system and private water source exists. Where an actual properly installed air gap is not maintained between the public water supply and a private water supply, an approved reduced pressure-zone backflow prevention assembly is properly installed and a service agreement exists for annual inspection and testing by a recognized backflow prevention assembly tester.

(c)

No connection exists which allows water to be returned to the public drinking water supply is permitted.

(d)

No pipe or pipe fitting which contains more than eight percent lead may be used for the installation or repair of plumbing at any connection that provides water for human use.

(e)

No solder or flux that contains more than 0.2 percent lead can be used for the installation or repair of plumbing at any connection that provides water for human use. A minimum of one lead test shall be performed for each inspection.

Enforcement.

If a person is convicted of one or more distinct violations, the Sachse Public Works Department shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the Sachse Public Works Department or building inspection department that the same action shall not be repeated.

Conflicting ordinances.

In the event of a conflict between the provisions of the National Electrical Code and any provision of this section, or any other city ordinance, the provision of this section or any other city ordinance shall prevail. In the event of conflict between ordinances, the more stringent provisions shall prevail.

Liability of the city.

Neither the city nor any of its agents, servants or employees shall have any liability to any person by reason of permits issued, decisions made, or inspections made concerning electrical service on private property.

(Ordinance 1236, sec. I, adopted 2/20/95; Ordinance 1662 adopted 4/1/99; Ordinance 1881, sec. I, adopted 10/1/01; Ordinance 1810, sec. I, adopted 11/20/01; Ordinance 2133, sec. 1, adopted 5/2/05; Ordinance 2176, sec. 2, adopted 11/21/05; Ordinance 3428, sec. 4, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 4, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-3 International Mechanical Code.

Adoption.

The International Mechanical Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the mechanical code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Mechanical Code, 2021 edition.

[1]

Editor’s note–The 2021 IMC Amendments are included as an attachment to this chapter.

Conflicting ordinances.

In the event of a conflict between the provisions of the International Mechanical Code and any provision of this section, or any other city ordinance, the provisions of this section or any other city ordinance shall prevail. In the event of conflict between ordinances, the most stringent provision shall prevail.

Liability of the city.

Neither the city nor any authorized agent acting under the terms of this section shall be liable or have any liability to reason of orders issued or work done in compliance with the terms of this section.

(Ordinance 654 adopted 2/15/88; Ordinance 1661 adopted 4/19/99; Ordinance 1883, secs. I, II, adopted 10/1/01; Ordinance 2134, sec. 1, adopted 5/2/05; Ordinance 3428, sec. 5, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 5, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-4 National Electrical Code.

Adoption.

The National Electrical Code, 2020 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the electrical code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the National Electrical Code, 2020 edition.

[1]

Editor’s note–The 2020 NEC Amendments are included as an attachment to this chapter.

Conflicting ordinances.

Liability of the city.

Licensed required.

A person commits an offense if he or she install installs or repairs electrical components in a building (including but not limited to wiring, circuit breakers, and related components), unless such person holds a current license, as issued by the State of Texas Department of Licensing and Regulation, which is recognized by the City of Sachse as follows:

(1)

A master electrical license is required to permit electrical work done in the city.

(2)

A journeyman license is required for all commercial work. A journeyman may not be issued an electrical permit in his own name; such electrical permit can only be issued to a master electrician.

(3)

A residential specialist or wireman license is limited to electrical installations in single family and multifamily dwellings not exceeding four stories, provided that such work is inspected and approved by a journeyman electrician prior to inspection by the building official. A residential specialist or wireman may not be issued an electrical permit in his own name; such electrical permit can only be issued to a master electrician.

(4)

Exception: The owner of a single-family home may install or repair wiring, in his or her home, of not more than three 20-amp circuits (total 60 amps), providing such person first obtains an electrical permit from the city and the work is inspected by the building official.

Registration required.

A master electrician, journeyman electrician, or residential specialist or wireman electrician commits an offense if he or she installs or repairs electrical components in a building (including but not limited to wiring, circuit breakers, and related components), unless such person is registered as an electrical contractor with the city. An applicant for an electrical contractor registration shall prepare and file an application for such, on a form to be provided by the building official or designee. Proper identification, including a state-issued electrical license and driver's license is required with the submittal of the contractor registration application. The registration is valid until the expiration of the electrical license.

Registration fees.

The fees are as required in the master fee schedule as established by resolution of the city council.

Penalty for violations.

A person commits an offense if he or she violates any provisions of this section, and upon conviction, may be punished by a fine as provided for in section 1-7 of this Code of Ordinances.

(Ordinance 1497 adopted 8/18/97; Ordinance 1885, secs. I, II, adopted 10/1/01; Ordinance 2135, sec. 1, adopted 5/2/05; Ordinance 2176, sec. 2, adopted 11/21/05; Ordinance 3428, sec. 6, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 6, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-5 Permit fees required under construction codes.

A person commits an offense if he or she builds, repairs or constructs any building or structure in the city without first obtaining a building permit for such. An applicant for a permit shall prepare and file an application, on a form to be provided by the building official. Upon proper completion of the building permit application and payment of the required fees, which said permit fees shall be established by resolution of the city council, the building official shall issue a permit.

(Ordinance 1213 adopted 12/5/94; Ordinance 1631, adopted 11/16/98; Ordinance 1886, secs. I-III, adopted 10/1/01; Ordinance 2176, sec. 2, adopted 11/21/05)

§ 3-6 (Reserved)

Editor’s note–Ordinance 3875, sec. 1, adopted July 16, 2018, repealed sec. 3-6, which pertained to moving buildings into the city and derived from Ordinance 171, adopted August 14, 1973.

§ 3-7 Dangerous buildings.

Abatement.

Whenever the fire marshal, fire chief or building inspector of the city shall find any building or other structure, or any portion thereof, which for want of repair or by reason of age or dilapidated condition or by abandonment, is liable to endanger persons or property, or which render such building or structure is liable to fire or fire hazard, or which building or structure is so situated or occupied or is in such condition, either from the exterior or interior, as to endanger other buildings or property or human life from a fire in such building, the fire marshal, fire chief or building inspector shall cause to be served written notice upon the owner, occupant or other person responsible therefor, by certified mail, ordering them to appear before the city council at a time and date specified in said notice, to show cause, if any they have, why the said building or structure, or any part thereof, should not be repaired, demolished or removed. In the event the owner of such building is a nonresident, and his address is unknown, the notice shall be given by posting a copy thereof on the building or other structure, and by publishing the said notice one time in a newspaper of general circulation in the city.

Hearing.

At the time of the hearing the fire marshal, fire chief or building inspector shall present such evidence as he may have concerning the condition of said building or structure, and make such recommendations as he may feel proper to the city council. The owner or other person ordered to appear may offer such evidence concerning the condition of the building or structure as he may desire to do. At the conclusion of the hearing the city council may order the building or structure repaired, demolished or removed as the council may deem necessary. In no event, however, shall the time fixed for such repairs, demolition or removal be less than 30 days from the date of the council order.

Failure to comply with city order.

If the owner, occupant or other person responsible for such building or structure shall fail or refuse to comply with the order of the city council, the council may order the fire marshal, fire chief or building inspector to close said building or structure, or to demolish and remove the same.

Expense of removal assessed against owner.

Whenever the city council shall have ordered the building or structure removed by the city, the expenses of the demolition or removal shall be assessed against the property owner. Notice of the amount of the assessment shall be given the owner, and upon his failure to pay the same within 30 days after notice, the city may proceed to collect the same in a court of competent jurisdiction as in other cases involving a debt owed to the city.

Sale of salvage.

In the event the city demolishes or removes such building or structure, the city may sell the same or the materials salvaged therefrom, and if the amount exceeds the expense or removal or demolition, the balance shall be paid over to the owner thereof.

Penalty.

Any person, firm or corporation or occupant of the building or other structure who shall keep or maintain the same, when, from want of repair or by reason of age or dilapidated condition or for any cause, it is especially liable to fire and which is so situated as to endanger buildings or property to others, or is especially liable to fire, and which is so occupied that fire would endanger other persons or their property therein, or which shall refuse to comply with the order of the city council mentioned above, shall be punished by fine as provided for in chapter 1, section 7 of this Code of Ordinances for each offense, and each day such condition shall exist shall constitute a separate offense.

Injunction.

In addition to the penalties provided for herein, the city shall have the power to authorize the city attorney to file suit in a court of competent jurisdiction against the owner or other person responsible for any such building or structure, and who shall have failed to comply with the order of the city council, and obtain the necessary orders for an injunction of said court to enforce the actions and orders of the city council, either directing the owner or person responsible therefor to repair the said building or structure or remove or demolish the same from the premises, and also for an order of the court requiring the owner or person responsible therefor to destroy the said building or structure.

(Ordinance 183 adopted 2/26/74)

§ 3-8 Mobile homes.

Definitions.

For the purpose of this section, the following words and phrases shall have the meaning ascribed to them in this subsection:

House trailer:

A trailer or semi-trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and which is equipped for use as a conveyance on streets and highways. The term house trailer shall include any vehicle, the chassis and exterior shell of which is designed and constructed for use as a house trailer, but which is used instead permanently or temporarily for the advertising, sale, display or promotion of merchandise or services, or for any other commercial purpose, except the transportation of property for hire, or the transportation of property for distribution by a private carrier, and shall include a vehicle without automotive power designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle.

Mobile home:

A vehicular, portable structure, capable of being transported over the highways, and containing sleeping accommodations and exceeding eight feet in width or 22 feet in length. Such term may be used interchangeably with house trailer. Any portable, vehicular structure with living or sleeping accommodations in excess of the length and width herein stated, regardless of the design and use thereof, for the purpose of this section shall be classed as a mobile home.

Recreational vehicle:

A vehicular, portable structure, capable of being transported over the highways, and containing living or sleeping accommodations, such structure begin designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet in width and not exceeding 22 feet in length. The term recreational vehicle may include the terms travel trailer, camper, motor home or any other term given such vehicle if the same is within the definition of recreational vehicle.

Rendering mobile home immovable does not alter status.

The fact that a mobile home, house trailer or recreational vehicle, or any other vehicle defined in subsection A is placed on blocks or altered in such a way as to no longer be portable or movable, without material alteration or removal of the foundation or blocks, shall not alter the status of such vehicle as a mobile home, house trailer or recreational vehicle, for the purposes of this section.

Occupancy prohibited except in mobile home park.

Except as otherwise provided in subsection D, it shall be unlawful for any person to occupy any recreational vehicle, mobile home or house trailer within the city, which is not then and there within an approved mobile home park. This section shall not apply to recreational vehicles while they are being driven within the city.

Temporary use as office permitted.

It shall be unlawful for any person to leave, stand or park a mobile home or house trailer, whether occupied or not, upon any property or tract of land within the city not designated as a mobile home park under the zoning ordinance; provided, however, that the city council may grant a special permit for a temporary period, not to exceed one year, to authorize the placement of a house trailer or mobile home, for office purposes only, in areas zoned for commercial or business purposes under the zoning ordinance, for use as a temporary construction office; or the temporary use not to exceed the period of one year, or a house trailer or mobile home as a highway construction office in any district. Application for such permit shall be made to the city secretary, shall designate the period desired to be granted under such permit, shall state the purpose for which the house trailer or mobile home is to be used and shall be accompanied by a permit fee of $25.00. In no event shall any person holding any permit under the provisions of this subsection permit the occupancy of such house trailer or mobile home at any time by any person for other than office purposes.

(Ordinance 240 adopted 7/10/78)

§ 3-9 Residential fences.

General requirements.

(1)

Permits and inspections.

(a)

It shall be unlawful for any person to construct or repair a fence not in compliance with the regulations contained herein.

(b)

Fence construction, alterations, additions, or repair permit requirements: A permit shall not be required for repairs if the work does not exceed 25 percent of the total length of the fence. If a cumulative effect of a series of repairs over a 12-month period exceeds 25 percent, a permit is required. Repairs, even ones not requiring a permit, must be completed in compliance with the regulations herein.

(c)

Fees shall apply as shown on the Master Fee Schedule of the city.

(d)

All fence installers are required to be registered with the city.

(e)

Adequate plans and specifications, which may include a plot plan showing exact materials, easements, location, height, dimensions from property lines, sidewalks, curbs, and location of gates, as determined by the building official, must accompany a completed application form.

(f)

Once complete, a final inspection is required and must be scheduled by the installer within one week (five business days) of completion.

(2)

Maintenance.

(a)

All fences shall be perpetually maintained, repaired, or replaced by the owner. Fences not required by a city ordinance, screening regulation, or other standard shall be either maintained or removed.

(b)

Fences that fail inspection through a rental registration and inspection program shall be repaired or replaced accordingly.

(c)

It shall be unlawful to maintain a fence in such a manner to allow the following:

Any fence to lean, fall, become unstable, or to cause damage to other property.

ii.

Fences to be aided in support by anything other than the fence post.

iii.

Missing or loose pickets, broken or missing parts, decayed members.

(3)

Materials.

(a)

Permitted materials include stone, masonry, brick, wood, decorative tubular steel (i.e., powder coated ornamental iron), chain link, split rail, or composite.

(b)

Sheet metal, corrugated or enhanced metal panels, plywood, fiberglass, vinyl, and other materials shall be prohibited.

(c)

Chain link and wooden fences are prohibited on non-residential and multi-family properties. Masonry walls or decorative metal fencing are allowed and should be used instead.

(d)

Barbed wire, electric, and/or other injurious material is prohibited, unless the property is used for agricultural purposes and over one acre in size, legitimately needed for industrial purposes, or otherwise approved by the director.

(e)

Existing non-conforming fences may make repairs with like material.

(4)

Regulations.

(a)

Fences shall not be over eight feet in height, excluding allowance for ground clearances, decorative gate embellishments, and/or any decorative cap.

(b)

Fences and walls are allowed in front yards up to 36 inches in height and must be either split rail, chain link, composite, wrought iron, pipe, picket fence, or decorative masonry wall. Lots over one acre in size may construct up to a maximum height of four feet in the front yard. All front yard fences should generally be 50 percent open, except for walls, when allowed and if in compliance with the regulations herein.

(c)

All fences installed adjacent to a floodplain, creek, park, or dedicated open space shall be black tubular steel (not to be misconstrued as pipe fencing).

(d)

No fence shall be erected on or encroaching upon public right-of-way or within any drainage or other easement, unless otherwise authorized by the director with prior written approval from the agency controlling said easement. All fences must be maintained in a plane so as not to overhang public property.

(e)

No trees, berms, or other obstructions shall be planted or maintained within such distances of street intersections unless the foliage line is maintained at sufficient height to prevent obstruction of sight lines. Sight visibility obstructions, whether plant or structure, shall be removed or cured, as determined by staff field inspection.

(f)

On corner lots where the rear lot line is adjacent to a side lot line of an adjoining lot, the fence may be constructed to the property line to a full height in all locations, except a 15-foot site angle shall be required adjacent to the abutting front yard.

(g)

At a driveway to alley intersection, no fence will be allowed in a triangle formed by measuring from the point of intersection of a driveway and alley a distance of ten feet along the driveway and alley and connecting the points so established, from edge of pavement, to form a triangle on the area.

(h)

At a street to alley intersection, no fence will be allowed in a triangle formed by measuring from the point of intersection of property lines at the street and alley a distance of 15 feet along the intersecting property lines and connecting the points so established to form a triangle on the area.

(i)

Properties may not install side yard gates intended for vehicular use nor install additional drive cuts on corner lots. Lots greater than one acre in size are exempt.

(j)

Retaining walls greater than four feet in height shall require a permit, engineered drawings, and inspections.

(k)

All swimming pool fences shall be constructed in accordance with all applicable state and local regulations.

(l)

Properties that have exterior fences improved by the city through a neighborhood partnership program shall maintain, repair, and replace the fence to the same standard as it was installed by the city.

Wooden fence standards.

(1)

All vertical posts shall be galvanized steel (with a minimum two and three-eighths inch diameter, a minimum CS 20 (.095) thickness) or may also be a minimum 4×4 wooden post, and set in a concrete footing.

(2)

Concrete footings shall be a minimum of eight inches in diameter.

(3)

For fences less than seven feet in height, posts shall be spaced at a maximum of eight feet on center and set in a concrete footing of no less than 24 inches deep.

(4)

For fences that are seven feet or greater in height, posts shall be spaced at a maximum of six feet on center and set in a concrete footing of no less than 36 inches deep.

(5)

Wood material shall be cedar or white wood.

(6)

All materials shall be securely fastened, vertical boards to horizontal stringers and stringers to vertical posts, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.

(7)

The bottom of the fence may be designed to prevent ground to wood contact. This can be achieved through the use of a concrete mow strip poured between the fence supports or by installing a 2×6 pressure treated kick board to cover the gap between the bottom of pickets and the ground. This kick board may have ground contact.

(8)

Perimeter walls adjacent to a subdivision. A fence that is parallel to, perpendicular to, approximately parallel to, or approximately perpendicular to such wall shall not exceed the height of the adjacent subdivision wall. A fence that is separated from the subdivision screening wall by a public alley or right-of-way is deemed to not be approximately parallel to, or approximately perpendicular to such wall shall not exceed the height of the adjacent subdivision wall. A fence that is separated from the subdivision screening wall by a public alley or right-of-way is deemed to not be adjacent to the subdivision screening wall. If abutting, the height of the fence may be allowed to transition or increase in height from the height of the subdivision screening wall to the maximum allowable height of the fence, provided that the transition does not exceed an even or smooth rate of increase over a span of not less than 16 feet in length.

Exceptions.

(1)

Dog runs, swimming pool fences, and other similar situations within the interior of a back yard can be constructed of alternate materials, as long as all exterior and shared fence lines are built to compliance and the alternate interior materials are shorter than the exterior fence and not visible to the public. If such fence is less than 48 inches in height, no permit is required.

(2)

Estate properties greater than one acre in size that front onto a right-of-way of sixty feet or more in width may install decorative entrances.

(3)

Valid government related facilities, including sports related facilities, with director approval, may build to industry standard and utilize alternate materials and methods.

(Ordinance 475 adopted 3/17/86; Ordinance 1283 adopted 8/7/95; Ordinance 1389 adopted 8/5/96; Ordinance 1734 adopted 5/15/00; Ordinance 2176, sec. 2, adopted 11/21/05; Ordinance 3069, sec. 1, adopted 7/21/08; Ordinance 3546, sec. 1, adopted 11/18/13; Ordinance 3806, sec. 1, adopted 8/7/17)

§ 3-10 Signs.

Definitions.

For purposes of this section, the following definitions shall apply, unless clearly indicated to the contrary.

Alter

shall mean to change the size, shape or outline, or type of sign. Changing the copy, nature of the message, or intent of the sign does not alter the sign and does not make it subject to the permit and/or fee requirements of this Code.

Building inspector

shall mean the officer within the City of Sachse charged with the administration and enforcement of this section.

Changeable electronic variable message sign (CEVMS)

shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including an illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.

Erect

shall mean to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure.

Facing or surface

shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

Gross surface area of sign

is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign.

Incombustible material

shall mean any material which will not ignite at or below a temperature of 1200° F, and will not continue to burn or glow at that temperature.

Logo

is any formalized design or insignia of a company or product which is commonly used in advertising to identify that company or product.

Marquee

is a permanent roofed structure attached to and supported by a building.

Person

shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.

Projecting structures

shall mean covered structures of a permanent nature which are constructed of approved building material, specifically excluding canvas or fabric material, and where such structures are an integral part of the main building or permanently attached to a main building and do not extend over public property. Projecting structures are defined to include marquee, canopy and fixed awning type of structures.

Roof line

shall mean the height which is defined by the intersection of the roof of the building and the wall of the building. Exception: For mansard-type roofs, the roof line shall be defined as the top of the lower slope of the roof. Roofs with parapet walls completely around the building and not exceeding four feet in height may be considered as the roof line.

Sign

shall mean and include every sign, name, number, identification, description, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure.

Sign, advertising

is any sign which promotes or advertises commodities or services not limited to being offered on the premises on which such signs are located.

Sign, apartment

is any sign identifying an apartment building or complex of apartment buildings.

Sign, bulletin board

is any sign of professional appearance containing information of a public interest nature where a portion of such information may be periodically changed providing that such change shall be effected by the replacement or interchange of letters, numbers or other graphic symbols by insertion, attachment or similar means. The use of slate, chalkboard, cardboard or similar material with pencil, chalk, crayon or similar types of marking is prohibited.

Sign, construction

is any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located.

Sign, development

is any temporary, on-site promotional sign pertaining to the development of land or construction of buildings.

Sign, directional

is any sign temporarily used in directing traffic to a residential section of the city, other than directional kiosk signs as defined herein.

Sign, directional kiosk

is a sign located within the city right-of-way, providing directions to subdivisions, homebuilders, and city facilities, installed and maintained by the city or a contractor authorized by the city.

Sign, director

is a sign listing the occupants within shopping centers, industrial sites, retail districts, office districts and commercial sites.

Sign, flashing

is a sign which has illumination that is alternately turned on and off at a rate equivalent to, or greater than, twice an hour, excluding time and temperature signs.

Sign, general business

is any sign which is used to identify a business, profession, service, product or activity conducted, sold or offered on the premises where such sign is located.

Sign, ground

is any sign which is erected on a vertical framework consisting of two uprights or a single pedestal supported by the ground.

Sign, identification

is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites.

Sign, illuminated

is any sign lighted by or exposed to artificial lighting, either by lights on the sign or directed toward the sign.

Sign, institutional

is any sign used to identify schools, churches, hospitals and similar public or quasipublic institutions.

Sign, marquee

is any sign erected on a marquee or fixed awning.

Sign, monument

is any sign having a low profile, either made of or contained within stone, concrete, metal, brick or similar material and having a stone, brick or masonry base concealing all supports or poles.

Sign, multi-purpose

is an identification sign with a combination of any one or two of the following:

(a)

A directory sign;

(b)

A marquee sign.

Sign, model home

is any temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractor’s model open to the public for inspection.

Sign, nameplate

is any sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed.

Sign, obsolete

is any sign which no longer serves a bona fide use or purpose.

Sign, parapet wall

is any sign erected on the top surface of a parapet wall.

Sign, pole

is any sign supported by a single freestanding pole, and having no guys or braces to the ground or to any structure other than the pole.

Sign, projecting

is any sign which projects from a building and which has one end attached to a building or other permanent structure.

Sign, ranchette identification

is a sign identifying a farm or ranch in residential areas where the average lot size is one acre or greater.

Sign, real estate

is any temporary sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

Sign, roof

is any sign erected on a vertical framework supported and located so that no part of the sign shall be located within six feet of any outside wall nor within seven feet of the surface below.

Sign, wall

is any sign erected flat against a wall, supported by the wall, and having the sign face parallel to and not more than 12 inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a wall sign.

Sign, window

shall mean any sign painted on the external or internal surface of the window of any establishment in commercial or retail areas with water durable paint advertising services, products of sales available within said establishment or which announce opening of said establishment. A window sign is also any banner, poster, decoration or display attached to the external surface of a window of a retail or commercial establishment, if of water durable paint or of incombustible material, and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of said retail or commercial establishment.

Structural trim

shall mean the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.

Vehicle

shall mean any automobile, truck, camper, tractor, van, trailer or any device capable of being transported and shall be considered a vehicle in both moving and stationary modes, irrespective of state of repair or condition.

Administration.

(1)

Sign permit required.

It shall be unlawful for any person to erect, replace, alter or relocate any sign within the city without first obtaining a permit to do so from the building inspector and making payment of the fee required, except as may be hereinafter provided.

(2)

Permit required to repair.

It shall be unlawful to repair any sign requiring a permit, as defined in paragraph (1) above, without first obtaining a repair permit from the building inspector and making payment of the fee required.

(3)

Nonconforming existing signs.

Every sign lawfully in existence on the date of passage of this section may be repaired without applying for a permit as noted in subsection B(2). No sign lawfully in existence on the date of passage of this section shall be altered or moved unless a permit is issued pursuant to the provisions of this section. Temporary permits granted prior to the passage of this section shall be renewed only if the applicant complies with all provisions of this section.

(4)

Application for sign permit/repair permit.

(a)

Application for a permit required by this section shall be made upon forms provided by the building inspector and shall contain or have attached thereto the following information:

(i)

Sign use classification.

(ii)

Name, address and telephone number of the applicant.

(iii)

Name, address and telephone number of owner.

(iv)

Name, address and telephone number of person or firm erecting the sign.

(v)

Location of the building, structure or tract to which or upon which the sign is to be attached or erected.

(vi)

Position of the sign in relation to nearby buildings or structures or other related signs.

(vii)

Such other information as the building inspector may require to show full compliance with this section and all other laws and ordinances of the city and state.

(b)

Application for a permit to repair shall contain or have attached thereto the following information:

(i)

Name, address and telephone number of the sign owner.

(ii)

Name, address and telephone number of person, firm, corporation or association providing the repair service.

(iii)

Location of the building, structure or lot upon which the sign is located.

(iv)

A description of the repair activity to be performed.

(v)

Such other information as the building inspector shall require to show full compliance with this section and all other laws and ordinances of the city.

(5)

Exemptions from application for permit.

Application for a permit shall not be required for the following signs; provided however, such signs shall otherwise comply with all other application provisions of this section.

(a)

Signs not exceeding eight square feet in area, which advertise the sale, rental or lease of the premises on which such signs are located.

(b)

Nameplates not exceeding one square foot in area.

(c)

Temporary political signs erected on public easements and private property with the owner’s consent for a maximum of six weeks. The individual and/or group denoted on said sign is responsible for removal of the sign within seven days of election and/or political activity’s completion.

(d)

Signs not exceeding 16 square feet in area for public, charitable or religious organizations when the same are located on the premises of the institution. Signs promoting the city when not used for commercial advertising in any way.

(e)

Temporary construction signs, not exceeding 16 square feet in area, denoting the architect, engineer or contractor when placed upon premises under construction.

(f)

Occupational signs, not exceeding two square feet in area, denoting only the name and professions of an occupant in a commercial building or public institutional building.

(g)

Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface, or when constructed of bronze or other incombustible materials.

(h)

Flags, emblems and insignia of any governmental body and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such.

(i)

Directional signs not exceeding eight square feet, provided such signs do not contain advertising and are not used as such.

(j)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such emergency, temporary or nonadvertising signs as may be approved by the city council or the city manager or his authorized representative.

(k)

Window signs, for use on establishments in commercial or retail areas. In no event may signs be located on the window surface internally or externally in any manner to obscure more than 50 percent of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the 50 percent visibility shall be maintained for the total window area on said street or sidewalk.

(l)

Temporary banner signs announcing the grand opening of a business may be put up for a maximum of 90 days.

(6)

Signs requiring electrical inspection.

The primary alternating current wiring on all signs shall comply with the National Electrical Code Specifications. All secondary transformed power shall be self contained within the sign structure. Individual lighted letters are to be mounted on a common metal channel and all secondary wiring and components shall be contained within the common metal channel. Both channel and letters must contain weep holes to drain water.

(7)

Fees.

Every applicant, before being granted a sign permit hereunder, shall pay to the City of Sachse a permit fee which shall be established by resolution of the city council.

A fee for a permit to repair, as noted in subsection B(2) shall be $10.00.

When a permit is required by this section and construction and repair is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled. The payment of such fees shall not relieve any person from fully complying with the regulation described by this section.

(8)

Issuance of permit.

Providing that the applicant has complied with all provisions of this section, and that the proposed sign complies with all provisions of this section, the building inspector shall issue the sign permit to the applicant.

(9)

Not to issue to persons previously failing to pay fees.

The building inspector shall not issue a permit under the provisions of this section to any person who has previously failed or refused to pay any fees or costs assessed against him under the provision of this section.

(10)

Permit valid only for 60 days.

If the work authorized by a permit issued under this section has not been commenced within 60 days after the date of issuance, the permit shall become null and void.

(11)

Permit revocable.

The building inspector may suspend or revoke any permit issued under the provisions of this section whenever he shall determine that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit be issued in violation of any of the provisions of this section or any other ordinance of this city or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located.

(12)

Inspection.

The building inspector shall inspect annually, or at such other times as he deems necessary, each sign regulated by this section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.

(13)

Removal of obsolete signs.

Any sign which the building inspector determines no longer serves a bona fide use conforming to this section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within ten days after written notification to do so from the building inspector. Upon failure to comply with such notice, the building inspector is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

(14)

Removal or repair of unsafe signs.

If the building inspector shall determine that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice of the person or persons responsible for such sign. If the permittee, owner, agent or person having the beneficial use of the premises fails to remove or repair the sign within ten days after such notice, such sign may be removed by the building inspector at the expense of the permittee or owner of the property upon which it is located. The building inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

(15)

Variance fee and notification.

An application for a variation to the conditions of this section shall be accompanied by a variance application fee in the amount of $25.00. Such application for variance may cover more than one sign, but shall apply to only one applicant and one location. The notification for a variance application must appear in the local newspaper(s) of the city at least seven days prior to the date on which the request is heard by the city council. The variation application must contain the following information:

(a)

Name, address and telephone number of the applicant.

(b)

Location of building, structure or lot to which or upon which the sign(s) is to be attached or erected.

(c)

Position of the sign(s) in relation to nearby buildings or structures, including other signs.

(d)

The zoning classification of the property on which the sign(s) is to be located. Also the zoning classification of all property within 250 feet of the sign(s) location.

(e)

The specific variation(s) requested and the reasons and justification for such requests.

(f)

Ten copies of the signage and site plans shall be required.

Specific limitation provisions.

(1)

General sign provisions.

All signs located or to be located within the city shall conform to the general provisions set forth in Table 1, entitled General Provisions at the end of this section.

(2)

Additional requirements for attached signs.

(a)

Projecting signs.

The horizontal portion of any projecting sign shall not be more than six feet, six inches in length measured from the building face and shall not be closer than two feet from the back of the curbline. The height of the sign shall not exceed two feet. Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be subject to the requirements of subsections C(2)(d) and C(2)(e) of this section.

(b)

Marquee signs.

Marquee signs erected on the face of a marquee shall be built as an integral part of the marquee and shall be constructed of incombustible material. Such signs shall not exceed 40 feet or the product of two times the lineal footage of the building or store frontage for which such sign is intended, whichever is greater. Such signs shall not have a vertical height of more than six feet nor exceed 75 percent of the width of such building or store frontage. Further, the height shall not exceed the building roof line by more than four feet. Vertical clearance shall be subject to the requirements or subsections C(2)(d) and C(2)(e) of this section.

(c)

Wall signs.

Wall signs shall not exceed 40 square feet or the product of two times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six feet nor exceed 75 percent of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of subsections C(2)(d) and C(2)(e) of this section.

(d)

Roof signs.

Roof signs shall not exceed 40 square feet in area or the product of two times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater. Such signs, for commercial and industrial districts only, shall not extend above the roof line of a mansard-type roof or more than four feet above the roof line of a non mansard-type roof. No part of the sign shall be located within six feet of any outside wall, nor within seven feet of the surface below. Such signs shall be constructed of incombustible material or, in the case of plastic, inserts and/or faces, slow burning material. The roof of any building on which a sign is erected shall be covered with fire-retardant material.

(e)

Projection over public property.

If the vertical clearance above the surface is less than eight feet, no projection is permitted. If the vertical clearance above the surface exceeds eight feet, a projection is permitted for each inch of clearance over and above the required eight feet, provided that no projection shall exceed four feet or one-third the width of the sidewalk below, whichever is less.

(f)

Projection over private property.

Projection of signs over private property shall be allowed over pedestrian sidewalks, walkways and corridors, but not to exceed the following:

Vertical Clearance	Maximum Projection
7 feet or less	3 inches
7 or 8 feet	12 inches
8 feet or more	4 feet

(3)

Freestanding identification signs, general business signs, multi-purpose signs.

(a)

All freestanding identification signs, general business signs and multi-purpose signs shall be monument signs.

(b)

The entire sign must be located a minimum of eight feet behind the property line.

(c)

Any projecting or overhanging portion of the sign must be a minimum of ten feet above any walkway and 14 feet above driveway.

(d)

Maximum height above grade of an identification sign, general business sign or multi-purpose sign is ten feet with the following exception:

(i)

Property having direct frontage on the President George Bush Turnpike, Highway 78 or along the north side of the Kansas City Southern Railroad, which runs parallel to Highway 78, shall have a maximum height above grade of 20 feet.

(e)

Maximum area for a general business sign is 60 square feet and maximum area for identification sign is 100 square feet.

(f)

Such signs shall be located a minimum of 30 feet from adjoining private property lines, excluding shared property lines within a single retail center, office park or industrial park, and a minimum of 60 feet from any other freestanding sign.

(g)

Such signs shall be constructed of materials that are incombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by incombustible supports finished in a presentable manner (wood or unfinished steel not allowed).

(h)

No advertising matter shall be displayed on or attached to any freestanding sign. No guys, braces, attachments, banners, flags or similar devices shall be attached to any sign.

(i)

Such signs shall be protected by wheel or bumper guards when required by the building official.

(j)

A multi-purpose sign is an identification sign with a combination of any one or two of the following:

(i)

A directory sign.

(ii)

A marquee sign.

(k)

The identification portion of a multi-purpose sign shall not exceed 75 square feet; directory portion shall not exceed 36 square feet with a single tenant or 72 square feet with multi-tenants.

(4)

Advertising signs.

No advertising signs allowed except by variance granted by the city council.

(5)

Temporary signs.

(a)

Temporary subdivision development signs and “for sale” signs of undeveloped tracts may be erected, provided such signs relate only to the property on which they are located. Each such subdivision under development may have one such sign not to exceed 100 square feet in area.

(b)

Temporary model home signs may be erected by the builder or the contractor. Each builder or contractor may have one such sign per subdivision. Model home signs shall not exceed 32 square feet in size. Permits for model home signs shall be granted for a period of time not to exceed 12 months, at the expiration of which time renewal applications may be filed and considered.

(c)

Ground signs are prohibited as general business signs.

EXCEPTION: Anchored portable signs, balloons, flags, and/or banners may be allowed for a period not to exceed 30 days, one per street front, per premise, during a calendar year. The sign will be removed from the premises after the 30-day period has expired. An expiration label shall be issued to the sign.

(6)

Date of erection, permit number and voltage to be displayed.

Every sign erected after the passage of this section shall have displayed in a conspicuous place thereon, in letters not less than one inch in height, the date of erection, the number of the permit issued under this section, and the voltage of any electrical apparatus used in connection therewith.

(7)

Wind pressure and dead load requirements.

All signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area, and shall be constructed to receive dead loads as required by the building code of the city.

(8)

Maintenance of signs.

All signs and supports shall be maintained in good condition to prevent deterioration, oxidation, rust and other unsightly conditions.

(9)

Ranchette identification signs.

Ranchette identification signs are allowed in residential areas of the city subject to the following regulations:

(a)

The farm or ranch identification sign must be located in a residential zoned area where the average lot size is one acre or greater. This paragraph (9) does not apply to property in the city which is zoned AG-agriculture;

(b)

Two signs are allowed, but only one may be a detached sign;

(c)

The gross surface areas of a sign shall not exceed 32 square feet;

(d)

The detached sign in a residential zoned area may be located on or behind the property line; the attached sign in a residential area must be set back at least 100 feet from the property line;

(e)

Illuminated signs are prohibited;

(f)

Content of the detached sign is limited to the name of the farm or ranch, or its owner (e.g., “Big Top” or “John Doe Ranch”) and an identification of the principal product (e.g., “Quarter Horses”);

(g)

The content of the attached sign may contain the same content of the detached sign and may contain additional identifiers such as address, telephone number, and other particular examples of the principal product (i.e., “Home of Sea Biscuit, Grand Champion”).

(10)

Directional kiosk signs.

(a)

Administration.

(i)

Directional kiosk signs may be installed only pursuant to an executed concession agreement approved by city council. All such agreements shall govern a person or company’s right to design, erect, and maintain directional kiosk signs, and provide for city council and/or city staff review and/or approval of the location and design of proposed directional kiosk signs.

(ii)

All directional kiosk signs are subject to all permitting requirements set forth in section 3-10 B.

(b)

Location.

All directional kiosk signs shall comply with the following regulations unless the applicable executed concession agreement provides otherwise.

(i)

Directional kiosk signs shall be located so as not to create a traffic hazard or to obstruct the visibility of motorists, pedestrians, or traffic control signs. The director of community development shall determine whether a proposed sign location constitutes a traffic hazard or obstructs visibility.

(ii)

Directional kiosk signs shall be located so as not to interfere with the general use of and handicap accessibility of sidewalks, walkways, bike and hiking trails.

(iii)

Directional kiosk signs shall be located so as not to interfere with any public utilities or be located in a utility easement.

(iv)

Directional kiosk signs must not be located within a sight distance triangle, as defined in the subdivision ordinance.

(v)

Directional kiosk signs may not be placed adjacent to a lot with a residential use without the prior written consent of the lot owner(s) as identified on current tax rolls. Proof of prior written consent must be attached [to] permit applications for all directional kiosk signs so located. If a residential use is assigned to a lot adjacent to a preexisting directional kiosk sign, no written consent is required.

(vi)

Directional kiosk signs must be placed at least 100 feet from the nearest directional kiosk sign.

(vii)

Directional kiosk signs may not be located within a median.

(viii)

Directional kiosk signs must be located at least five feet from the edge of all curbs and pavement lines, including improved surfaces and shoulders.

(c)

Design.

All directional kiosk signs shall comply with the following regulations unless the applicable executed concession agreement provides otherwise:

(i)

Directional kiosk signs may not exceed 12 feet in height and four feet in width.

(ii)

Directional kiosk signs must include breakaway design features as set forth by the Texas Department of Transportation’s Sign Mounting Details for Roadside Signs. Breakaway fittings must be installed below grade or otherwise concealed from public view.

(iii)

The font and color of all directional kiosk signs must be uniform throughout the entire sign.

(iv)

Directional kiosk signs may not be illuminated.

(v)

Each directional kiosk sign must include at the top of the sign an identification panel displaying only the name and official city logo.

(vi)

No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to directional kiosk signs.

(11)

Garage sale signs.

A garage sale sign is any temporary, promotional sign for the sale of personal household goods in a residential zoned district or on the property of a nonprofit organization. The following restrictions shall apply to garage sale signs:

(a)

No permit required for the installation of garage sale signs.

(b)

The maximum sign area shall be four square feet.

(c)

The contents of the sign shall include only the following information:

- Garage sale

- Address

- Hours of operation

(d)

The number of signs shall be restricted to one on site and six off site signs.

(e)

Garage sale signs shall be posted for no longer than 72 hours. It shall be the responsibility of the individual conducting the sale to remove all signs prior to the expiration of the time period.

(f)

Posting of garage sale signs is prohibited on any utility pole, public fence or structure.

Prohibited signs.

(1)

Obscene, indecent and immoral matter.

It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

(2)

Obstructing doors, windows or fire escapes.

It shall be unlawful to erect, relocate or maintain a sign to prevent free ingress or egress from any door, window or fire escape.

(3)

Attachment to standpipe or fire escape.

It shall be unlawful to attach any sign to a standpipe or fire escape.

(4)

Interference with traffic.

It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location where, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be unlawful to erect or maintain any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal or device. Accordingly, no sign shall make use of the words “stop,” “go,” “look,” “slow,” “danger,” or any other similar word, phrase, symbol or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to or otherwise interfere with, vehicular or pedestrian traffic.

(5)

Mobile or portable signs.

(a)

It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for any bona fide transportation activity.

(b)

Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product. Vehicles operating under a city franchise shall be excluded from this provision.

(c)

A-frame signs and sandwich board signs are prohibited and unlawful.

(6)

Advertising matter placed on or suspended from buildings, poles, sidewalks, etc.

(a)

No person shall place on or suspend from, any building, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this section, except as otherwise allowed by ordinance.

(b)

No cloth, paper, banner, flag, device or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from, any sign, building or structure, when the same shall create a public nuisance or danger.

(7)

Painting, marking, etc., streets, sidewalks, utility poles, etc.

No person shall attach any sign, paper or other material or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street utility pole, public building, fence or structure except as otherwise allowed by ordinance.

(8)

Attaching advertising matter to fences, utility poles, etc.; and scattering advertising matter on streets and sidewalks.

(a)

No person, firm, corporation or association of persons, shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard or printed, pictured or written matter or thing for political advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon, or to knowingly cause or to permit the same to be done for his benefit.

(b)

It shall also be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the city.

(c)

The city’s building inspector may at his own discretion remove and impound any signs, advertisements, handbills, placard or printed, pictured or written matter or thing for political advertising purposes when illegally posted upon any tree, fence, railing, sidewalk or public telephone, electric or other utility pole or any other public property, right-of-way, parkway or median.

(d)

Impounded signs may be recovered by the owner within 15 days of the date of impoundment by paying a fee as prescribed by the city council. Signs not recovered within 15 days may be disposed of in any manner the building inspector shall elect.

(9)

Pole or ground signs prohibited on or over public property.

No portion of any pole or ground sign shall be erected on or over public property, unless the same be erected by the city, or with the permission of the city, for public purposes.

(10)

Moving, flashing and certain illuminated signs prohibited.

(a)

No sign shall be illuminated to such an intensity or in such a manner, as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance.

Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Alternating electronic data control components showing time, temperature and similar data may be allowed.

Changeable electronic variable message signs and other moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Alternating electronic data control components showing time, temperature and similar data may be allowed.

(b)

No lighted sign shall be erected within 150 feet of a residential district unless the lighting is shielded from view of the residential district.

(11)

Balloons and other floating devices used for advertising purposes.

No person shall erect, maintain or permit the erection of, for advertising purposes, any balloons, flags, or other floating devices anchored to the ground or to any other structure within the city, except as provided under exception, subsection C(5) of this section.

(12)

Signs prohibited in street medians.

It shall be unlawful to erect or install any sign in the median of any street, road, thoroughfare or highway within the city limits of the City of Sachse.

(13)

Directional signs prohibited.

Directional signs, other than directional kiosk signs, shall be prohibited.

Penalty provisions.

(1)

Persons responsible.

The permittee, owner, agent, person or persons having the beneficial use of the ground or a sign, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this section and are subject to the penalty provided for violation.

(2)

Penalty for violation.

Any person, firm or corporation who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof in the municipal court, shall be subject to a fine as provided for in chapter 1, section 7 of this Code of Ordinances for each offense, and each and every day that the violation of this section shall be permitted to continue shall constitute a separate offense.

Preserving rights and violations under existing ordinances.

By the passage of this section, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinance or regulations were repealed and this section adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded with, in all respects as if such prior ordinance, or portion of such ordinance, had not been repealed.

TABLE 1 GENERAL SIGN PROVISIONS
Sign Use	Zone Permitted	Maximum Area Sq. Ft.	Maximum Height	Type Construction	Setback Required Permitted	Spacing	Maximum Duration	Additional Requirement
Nameplates	All Zones	2	3 feet	Projecting Ground Wall	None	None	Permanent	Maximum Height Would Not Apply
Real Estate	All Zones	32	15 feet	Ground Wall Pole	30 feet	1 Per Street Front Per Block	2 year	Removal Upon Sale of Property
Construction	All Zones	32	15 feet	Ground Wall Pole	30 feet	1 Per Street Front Per Block	After Issuance of Certificate of Occupancy	Removal Upon Completion of Construction
Development	All Zones	100	20 feet 8 feet from ground	Ground Wall Pole	30 feet	1 For Each 50 Acres	When Project is 90 Percent Complete	Permitted on Development Site Only Subsection C(5)
Apartment	C2 & PD	25	12 feet	Wall Marquee	15 feet	1 For Each Street Front	Permanent
Identification Sign	C1, C2, I1, I2, PD	100	10 feet 20 feet for lots on 78 or PGBT	Monument	8 feet	30 feet From Property Line 60 Feet Between Signs	Permanent	Subsection C(3)
General Business	C1, C2, I1, I2, PD	Subsection C(2) (b, c, d)		Wall Marques Roof			Permanent
		60	10 feet 20 feet for lots on 78 or PGBT	Monument	8 feet	30 feet from Property Line 60 feet Between Signs		Subsection C(3)
Agricultural	AG	50	15 feet	Ground Wall Pole	30 feet	200 feet	Permanent	Permitted for Advertising Produce, Crops or Animals on Farm
Institutional	All Zones	32	10 feet	Ground	15 feet	1 Per Street Front	Permanent
					Wall			Subsection C(2)(c)
Multi-Purpose	C1, C2, I1, I2, PD	100	10 feet 20 feet for lots on 78 or PGBT	Monument	30 feet	1 Per Street Front	Permanent	Subsection C(3)(i)

(Ordinance 391 adopted 7/16/84; Ordinance 436 adopted 9/23/85; Ordinance 799 adopted 6/5/89; Ordinance 946 adopted 5/6/91; Ordinance 391 adopted 7/16/91; Ordinance 986 adopted 10/7/91; Ordinance 994 adopted 11/4/91; Ordinance 1460 adopted 4/7/97; Ordinance 2176, sec. 2, adopted 11/21/05; Ordinance 3058, sec. 1, adopted 5/19/08; Ordinance 3110, sec. 1, adopted 2/16/09; Ordinance 3278, sec. 1, adopted 2/15/11)

§ 3-11 Construction of stock tanks.

Permit required.

It shall be unlawful and an offense for any person to construct or build a stock tank within the city without first receiving a permit from the building inspector.

Size of tract.

(1)

No stock tanks may be constructed upon any tract of land having an area less than one and one-half acres.

(2)

A stock tank may be constructed on any tract of land having an area of between one and one-half and three acres of land, but shall not cover more than 15 percent of the total tract of land.

(3)

A stock tank may be constructed on any tract of land having an area of between three and five acres of land, but shall not cover more than 20 percent of the total tract of land.

(4)

There shall be no restriction upon the size of stock tanks upon any tract of land having an area of between five and ten acres.

Location on tract.

No stock tank shall be constructed within 150 feet of the front property line or within 20 feet of the side property line of any tract of land.

(Ordinance 105 adopted 10/28/69)

§ 3-12 Radio and television antennas for private use.

Definitions.

For the purpose of this section, an antenna is defined as either antenna, mast or tower or any two of these combined to constitute a structure designed for radio and television reception or transmission.

When permit not required for construction.

Antennas and mast/tower may be erected without benefit of a building permit in any district, regardless of whether the antenna and mast/tower is mounted atop a structure and attached thereto, or whether freestanding, as long as the antenna and mast/tower, and any other appurtenances thereto, including but not limited to, guy wires are positioned entirely within the buildable area as defined in subsection E(4), and measure no more than 40 feet from ground to top of antenna, mast/tower, or 30 feet if freestanding. No antenna, mast/tower may exceed in height the distance from the base of the tower to the nearest lot line and/or exceed 40 feet in height from ground level unless a building permit is obtained.

When permit required for construction.

If any instance where the structure sought to be erected shall not fall within the limitations hereinabove set out, the permittee shall make written application to the building inspection department for a permit to erect an antenna and mast/tower. Sufficient plans and specifications, reviewed by a registered professional engineer and stamped as such, must accompany each application. It shall be unlawful and a violation of this section to erect, or cause to be erected, such antenna, mast/tower without first having obtained a permit. It shall be the duty of the permittee to request a final inspection upon completion of the antenna system.

Inspections.

It shall be the duty of the city building inspection department to inspect all antenna, mast/towers which require a permit to determine that this section is complied with. For such inspection and the issuance of the permit, a fee in an amount as may be from time to time established by resolution of the city council shall be paid to the building inspection department prior to the issuance of such permit.

Construction and maintenance.

All antenna, mast/towers and antenna supports used for television and radio reception or transmission shall be constructed and maintained in accordance with the following requirements:

(1)

All electrical specifications of such antenna, mast/towers and supports shall comply with the electrical code of the city, the building code of the city, and the manufacturer’s recommendations for installation.

(2)

Should the conflict arise between the manufacturer’s recommendations and the building and electrical codes of this city as they may exist at the time of the proposed installation, a variance to allow the manufacturer’s recommendations to control must be obtained from the board of adjustments prior to commencement of installation.

(3)

No such antenna system shall be more than 99 feet in height.

(4)

The location of the lot of such an antenna system shall comply with the requirements of the comprehensive zoning ordinance of the city insofar as the front building line and side yard building line requirements are concerned. No portion of an antenna system shall extend beyond the front building line on any lot, and on corner lots the side yard setback requirements shall be adhered to on the side adjacent to a public street, and where the front and side yard requirements are applicable, all portions of such structures shall be within the limits fixed by such requirements.

(5)

All antenna systems constructed under the provisions of this section shall be maintained so as to at all times comply with the requirements of this section.

(1988 Code)

§ 3-13 Standards for construction of public facilities.

North Central Texas Council of Governments standard specifications adopted.

(1)

The “Standard Specifications for Public Works Construction, North Central Texas”, published by the North Central Texas Council of Governments are hereby adopted as the specifications for materials and construction methods for use in connection with future public works, water utility, and private development projects for the city.

(2)

As official addendums to the “Standard Specifications for Public Works Construction, North Central Texas” are published, they are automatically adopted as addendums to the specifications for use in connection with future public works, water utility and private development projects for the city.

(3)

As future editions to the “Standard Specifications for Public Works Construction, North Central Texas” are published, the most recent edition will hereby be adopted as the specifications for use in connection with future public works, water utility, and private development projects for the city.

(4)

As future editions to the “Standard Specifications for Public Works Construction, North Central Texas” are published, the edition of the specifications in effect at the time that the next edition is published shall be in effect for all public works, water utility and private development projects advertised, bid upon or under contract prior to the effective date of the next edition; and remain in effect for these projects until their final acceptance by the city.

(5)

As future editions to the “Standard Specifications for Public Works Construction, North Central Texas” are published, the edition of the specifications in effect at the time that the next edition is published be rescinded upon the final acceptance of all public works, water utility and private development projects advertised, bid upon, or under contract prior to the effective date of the next edition of the specifications.

(6)

The effective date of addendums and the second and all other future editions of the “Standard Specifications for Public Works Construction, North Central Texas” be set for three months from the day that the city receives official notification about the existence of the addendum or the newest edition to be published.

(7)

The city secretary is hereby directed to place a copy of the specifications hereby adopted or any future addendums of or editions to the specifications that will be hereby adopted in the permanent files for public inspection.

Standard construction details adopted.

(1)

Adoption of standard construction details for pavement of streets, roads and alleys, storm drainage, water system and sanitary sewer facilities, appurtenances and structures thereto.

(a)

There is hereby adopted that certain code known as “standard construction details” which is on file in the office of the city secretary and made apart hereof for all purposes. From and after the adoption of this subsection all drainage facilities, water system facilities, sanitary sewer system facilities, and pavement of public streets, highways, alleys or other public places and appurtenances and structures thereto, constructed within the City of Sachse or within the jurisdiction of the City of Sachse, shall comply with all the construction details herein adopted.

(b)

These Standard Construction Details shall be considered a compliment to the “Standard Specifications for Public Works Construction” adopted in subsection A. If a conflict is determined between the “Standard Specifications for Public Works Construction” and the “Standard Construction Details”, the Standard Construction Details will prevail.

(2)

Standards for the permitted uses of asphalt pavements facilities.

(a)

The use of asphalt pavement products for any facility or roadway surface in the City of Sachse, Texas, shall conform to the “Standard Construction Detail” and the “Standard Specifications for Public Works Construction,” North Central Texas Council of Governments publications both adopted as standards for the City of Sachse.

(b)

The permitted use, location, and placement of asphalt pavement shall only occur after approval by the city council of a project conforming to the following criteria conditions:

(i)

The project is an extension of an existing county or city asphalt street and is a joint county/city improvements project, approved and/or funded by the city, or

(ii)

The project is a reconstruction of an existing asphalt surfaced street and road, or

(iii)

The project is a state department of highway and public transportation system improvements designed in accordance with “Standard Engineering Practices” for such facilities and approved by the city, or

(iv)

The project is a public facility parking lot located at or adjacent to the public school, park facility, municipal service or administrative center and is constructed with concrete curb and gutter with lime stabilized subgrade base materials and with asphalt pavement surface.

(c)

All construction of streets, roads, or alleys which are located in a subdivision platted for residential lots other than ranch estates or for any commercial or industrial tracts shall be improved with reinforced concrete.

(d)

The provisions of this subsection and of the standards adopted hereby shall be enforced by the city manager of the City of Sachse or any other duly appointed and authorized officer, agent, or employee of the city and no building or other permit authorized by ordinance of the city shall be issued unless the official responsible for the issuance thereof is satisfied that all the provisions of this subsection and the standards adopted hereby have been complied satisfactorily. Any person violating any of the provisions of this subsection or failing to comply with the requirements of the standards adopted hereby, including all detailed sketches, cross-sections, and diagrams or any plan or sketch submitted and approved by the appropriate official of the city, shall be guilty of a misdemeanor and upon conviction in the municipal court of the City of Sachse, Texas, shall be fined in an amount not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall constitute a separate offense.

(3)

Standards for the permitted uses of sidewalks, driveways, curb and gutter or drainage facilities.

(a)

Work permit.

It shall be unlawful for any person to lay, build or construct any sidewalk, driveway, curb, gutter, or drainage facilities upon any of the streets, public right-of-way or easement without first securing a permit from the city. Before any such permit shall be granted, it shall be the duty of the person contemplating such work to make application to the city manager or his designated appointee for such permit, giving the location of the property where the work is to be done, a description of the work and the materials to be used.

(b)

Costs.

All costs associated with the development of plans, and the construction of the sidewalk, driveway, curb and gutter, or drainage facilities shall be paid by the property owner.

(c)

Sidewalks.

Unless a different width is specially authorized by the city council, all sidewalks shall conform to the following:

(i)

Along business establishments, schools, or commercial land use areas, a minimum width of five feet shall be installed with barrier free ramps conforming to the standard construction details of the city.

(ii)

Along residential areas, a minimum width of four feet shall be installed with barrier free ramps conforming to the standard construction details of the city.

(iii)

The placement of the standard four foot wide concrete sidewalk shall be with one side at one foot from and parallel to the right-of-way line or property line. Where the sidewalk is constructed adjacent to the back of curb line, a minimum width of five feet shall be used. If the proposed installation of curb line mail boxes restrict the clear width of the walk to less than four feet, then an additional width sidewalk section will be required in order to provide the minimum barrier free width of four feet.

(d)

Driveway.

Private driveways shall have a minimum overall width of ten feet and conform with the standard construction details. The driveway plan shall show the details of drainage, curb and gutter, materials, grades, etc., and the details of how the facility will be constructed. All construction costs of a new private driveway including any drainage pipe, shall be paid for by the property owner for the initial construction. Replacement cost of driveway or drainage pipe under the driveway area which may be reconstructed to a similar standard may be paid by the city. The reconstruction of a driveway facility to a standard greater than the existing condition at the time of any new construction improvement may require a cost sharing between the city and the property owner. The shared cost will be determined by the city.

(e)

Curb and gutter.

Concrete curb and gutter which is constructed within a public right-of-way shall conform to the standard construction details. The property owner shall furnish plans and specifications to the city to identify the location, grades and types of any curb and gutter proposed for construction. The alignment and grade of any proposed improvements shall conform with the city’s current plans for street and thoroughfare plans. All costs associated with the construction of curb and gutter improvements shall be paid by the property owner.

(f)

Drainage.

Drainage facilities improvements requested by property owner shall conform with the standard construction details. Any improvements related to private driveway shall be designed to a size which will accommodate the anticipated hydraulic flows passing through the structure. The proposed construction shall conform to the future plans of the city on street and thoroughfare alignments. The proposed profile grades must allow for drainage flow to pass without creating hazards to the public safety and health. The cost of drainage improvements shall be paid by the property owner upon which the improvements benefit. If the city does elect to participate in the cost of reconstruction or improvements to an existing facility, specific approval must be given by the city.

(g)

Enforcement and penalty.

The provisions of this subsection and of the standards adopted hereby shall be enforced by the city manager of the City of Sachse or any other duly appointed and authorized officer, agent or employee of the city and no building or other permit authorized by ordinance of the city shall be issued unless the official responsible for the issuance thereof is satisfied that all the provisions of this subsection and the standards adopted hereby have been complied satisfactorily. Any person violating any of the provisions of this subsection or failing to comply with the requirements of the standards adopted hereby, including all detailed sketches, cross-sections, and diagrams or any plan or sketch submitted and approved by the appropriate official of the city, shall be guilty of a misdemeanor and upon conviction in the municipal court of the City of Sachse, Texas, shall be fined in an amount not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall constitute a separate offense.

Inspection requirements.

(1)

All drainage facilities, water facilities, sewer facilities, streets, sidewalks, alleys and thoroughfares in private development projects shall be inspected while under construction by the city engineer or his designee.

(2)

Any individual, corporation, partnership or entity constructing any drainage facilities, water facilities or sewer facilities in private development projects shall provide 24 hours notice to the city engineer or his designee before covering any underground drainage facilities, water facilities or sewer facilities.

(3)

Any individual, corporation, partnership or entity constructing any streets, sidewalks, alleys or thoroughfares in private development projects or any pavement within dedicated street rights-of-way within the city shall notify the city engineer or his designee 24 hours before the start of each stage of subgrade preparation if work has been interrupted or delayed for any reason.

(4)

Any individual, corporation, partnership or entity constructing any streets, sidewalks, alleys or thoroughfares in private development projects or any pavement within dedicated street rights-of-way within the city shall notify the city engineer or his designee 24 hours before the start of placement of pavement and 24 hours before continuation of placement of pavement if work has been interrupted or delayed for any reason.

(5)

The city engineer or his designee shall have the authority to disapprove materials or construction methods if such materials or construction methods do not comply with the standard specifications for public works in effect for the city at the time the work is performed. Upon such disapproval, the individual, corporation, partnership or entity responsible shall discontinue work involving the disapproved materials or construction methods until such materials or construction methods are brought into compliance with the standard specifications for public works in effect at the time.

(6)

The city engineer or his designee shall be furnished with proposed batch designs and test results from an approved laboratory by each supplier of concrete to be used in any drainage facilities, water facilities, sewer facilities, streets, sidewalks, alleys or thoroughfares not more than 30 days nor less than seven days prior to the date that such concrete is to be supplied.

(7)

In the event any of the foregoing provisions are undisclosed to the city engineer or his designee as herein required, the individual, corporation, partnership or entity responsible for reporting said items shall be subject to a fine as provided for in chapter 1, section 1-7 of this Code of Ordinances.

(8)

A fee to defray the cost of inspection shall be collected by the city when the final plat for a private development or the final plat for any phase of a private development is accepted by the city council and the plat shall not be filed until the fee has been paid to the city. The fee shall be in the amount of $0.60 per square yard of pavement for streets, alleys, thoroughfares and concrete lined drainage channels.

(Ordinance 405 adopted 9/26/84; Ordinance 407 adopted 9/26/84; Ordinance 496 adopted 9/8/86; Ordinance 925 adopted 11/19/90; Ordinance 935 adopted 2/4/91; Ordinance 963 adopted 7/15/91)

§ 3-14 Inspection of duplex and multi-family residence.

Inspection required.

It shall be unlawful for any duplex or multi-family dwelling which has been vacated by a tenant to be occupied until after it has been inspected by the city’s building official or his designated representative and payment of an inspection fee of $15.00.

Repairs and maintenance standards.

(1)

All duplex and multi-family units shall be maintained in a safe and clean living condition.

(2)

All exterior and interior paint shall be maintained in an acceptable condition.

(3)

All deteriorated siding shall be replaced and repainted to match.

(4)

All outside lot area shall be maintained free of weeds, trash, and debris.

(5)

Each unit shall be inspected and all repairs shall be made before utilities will be released.

(6)

Each unit shall be inspected to ensure compliance with the building, fire, electrical, mechanical and health codes of the City of Sachse.

(Ordinance 1260 adopted 4/17/95)

§ 3-15 Flood hazard area regulations.

Statutory authorization.

The Legislature of the State of Texas has in Section 16.315 of the Flood Control Insurance Act, Texas Water Code, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Sachse, Texas does ordain as follows:

Findings of fact.

(1)

The flood hazard areas of the city 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, floodproofed or otherwise protected from flood damage.

Statement of purpose.

The purpose of this section is 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;

(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.

Methods of reducing flood losses. In order to accomplish its purposes, this section 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 floodwaters;

(4)

Control filling, grading, dredging and other development which may increase flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Definitions.

Unless specifically defined below, words or phrases used in this section shall be interpreted to give them the meaning they have in common usage and to give this section 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.

Appeal board

means the City Council of the City of Sachse.

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.

Area of future conditions flood hazard

means the land area that would be inundated by the one-percent-annual chance (100-year) flood based on future conditions hydrology.

Area of shallow flooding

means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three 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

means the land in the floodplain within a community subject to a one 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, AR/A, VO, V1-30, VE or V.

Base flood

means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE)

means 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 VE that indicates the water surface elevation resulting from the flood that has a one percent chance of equaling or exceeding that level in any given year - also called the base flood.

Basement

means any area of the building having its floor subgrade (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.

City

means City of Sachse, Texas.

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.

Development

means any manmade 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 nonbasement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

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 administrator

means the city engineer or his designee.

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.

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 nonstructural 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.

Floodway.

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.

High intensity land use

means a land use which is likely to include the storage, use, sale, and/or purchase of waste materials, chemicals, paints, solvents, fuels, food processing/manufacturing, and drive through services.

Highest adjacent grade

means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic 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 the 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 manmade 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.

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 nonelevation 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 North American Vertical Datum (NAVD) of 1988 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.

Private drainage facility

means any drainage easement, floodway, flood zone, surface or subsurface pathway, channel, or pipe, natural or man-made which conveys stormwater runoff, located on private property, and not located on public property.

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.

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

means (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.

Structural stormwater controls

means stormwater structures or engineered facilities intended to treat stormwater runoff and/or mitigate the effects of increased stormwater runoff peak rate, volume, and velocity due to urbanization, as identified in the North Central Texas Council of Government’s iSWM Technical Manual, latest edition. This information is available at the office of the city engineer.

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 the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (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 North American Vertical Datum (NGVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

General provisions.

(1)

Lands to which these provisions apply.

These provisions shall apply to all areas of special flood hazard with the jurisdiction of the city.

(2)

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 Collin County, Texas And Incorporated Areas,” dated June 2, 2009, with accompanying flood insurance rate maps dated June 2, 2009; “The Flood Insurance Study (FIS) for Dallas County, Texas And Incorporated Areas,” dated June 16, 2005, with accompanying flood insurance rate maps, (Map Number 48113CIND0C) dated June 16, 2005, and any revisions thereto are hereby adopted by reference and declared to be a part of this section, with said copies on file and maintained by the city secretary.

(3)

Establishment of development permit.

A floodplain development permit shall be required to ensure conformance with the provisions of this section.

(4)

Compliance.

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations.

(5)

Abrogation and greater restrictions.

This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(6)

Interpretation.

In the interpretation and application of this section, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(7)

Warning and disclaimer or liability.

The degree of flood protection required by this section 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 manmade or natural causes. This section 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 section 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 section or any administrative decision lawfully made hereunder.

Administration.

(1)

Designation of the floodplain administrator.

The city engineer or his designee is hereby appointed the floodplain administrator to administer and implement the provisions of this section and other appropriate Sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.

(2)

Duties of floodplain administrator.

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(a)

Maintain and hold open for public inspection all records pertaining to the provisions of this section.

(b)

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.

(c)

Review, approve or deny all applications for development permits required by adoption of this section.

(d)

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.

(e)

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 interpretation.

(f)

Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(g)

Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(h)

When base flood elevation data has not been provided in accordance with subsection F.(2), 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 subsection H.

(i)

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 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.

(j)

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 one foot, provided that the community first completes all of the provisions required by Section 65.12.

(3)

Permit procedures.

(a)

Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by him 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:

(i)

Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

(ii)

Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(iii)

A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection H.(2)(b);

(iv)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and

(v)

Maintain a record of all such information in accordance with subsection G.(2)(a).

(b)

Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this section and the following relevant factors:

(i)

The danger to life and property due to flooding or erosion damage;

(ii)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(iii)

The danger that materials may be swept onto other lands to the injury of others;

(iv)

The compatibility of the proposed use with existing and anticipated development;

(v)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(vi)

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;

(vii)

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;

(viii)

The necessity to the facility of a waterfront location, where applicable; and

(ix)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(4)

Variance procedures.

(a)

The appeal board, as established by the city council, shall hear and render judgment on requests for variances from the requirements of this section.

(b)

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 section.

(c)

Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

(d)

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.

(e)

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 section.

(f)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half 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 paragraph (3)(b) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(g)

Upon consideration of the factors noted above and the intent of this section, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of subsection C. of this section.

(h)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)

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.

(j)

Prerequisites for granting variances:

(i)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(ii)

Variances shall only be issued upon: (1) showing a good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) 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.

(iii)

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.

(k)

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 use provided that (i) the criteria outlined in subsections G.(4)(a)-(i) 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.

Provisions for flood hazard reduction.

(1)

General standards.

In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(a)

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;

(b)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(c)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(d)

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;

(e)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(f)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

(g)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(2)

Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection F.(2), subsection G.(2)(h), or subsection H.(3)(d), the following provisions are required:

(a)

Residential construction.

New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standards as proposed in subsection G.(3)(a)(i) are satisfied.

(b)

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 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 floodproofed shall be maintained by the floodplain administrator.

(c)

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:

(i)

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.

(ii)

The bottom of all openings shall be no higher than one foot above grade.

(iii)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(d)

Manufactured homes.

(i)

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 that 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.

(ii)

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 of the manufactured home is elevated to two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(iii)

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 subsections H.(2)(d)(i) and H.(2)(d)(ii) of this section be elevated so that either:

(1)

The lowest floor of the manufactured home is at two feet above the base flood elevation, or

(2)

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.

(e)

Recreational vehicles.

Require that recreational vehicles placed on sites within zones A1-30, 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 subsection G.(3)(a), and the elevation and anchoring requirements for “manufactured homes” in subsection (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.

(3)

Standards for subdivision proposals.

(a)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with subsections B., C. and D. of this section.

(b)

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of subsection F.(3), G(3) and H of this section.

(c)

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 five acres, whichever is lesser, if not otherwise provided pursuant to subsection F.(2) or G.(2)(h) of this section.

(d)

Base flood elevation data shall be generated by a detailed engineering study for all zone A areas, within 100 feet of the contour lines of zone A areas, and other streams not mapped by FEMA, as indicated on the community’s FIRM.

(e)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(f)

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.

(g)

All subdivision proposals shall be subject to the drainage design, stormwater detention, and stormwater quality requirements identified in section 3-17.

(4)

Standards for areas of shallow flooding (AO/AH zones).

Located within the areas of special flood hazard established in subsection F.(2), are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of one to three 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:

(a)

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to two feet 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).

(b)

All new construction and substantial improvements of nonresidential structures:

(i)

Have the lowest floor (including basement) elevated to two feet 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

(ii)

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.

(c)

A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in subsection G.(3)(a)(i) are satisfied.

(d)

Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(5)

Floodways.

Floodways located within areas of special flood hazard established in subsection F.(2), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(a)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b)

If subsection H.(5)(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsection H.

(c)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulation, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12.

(Ordinance 600 adopted 6/15/87; Ordinance 1733 adopted 5/15/00; Ordinance 1864, sec. 1, adopted 7/16/01; Ordinance 3007, sec. 1, adopted 10/1/07; Ordinance 3133, sec. 1, adopted 5/4/09; Ordinance 3818, sec. 1, adopted 10/2/17)

§ 3-16 Swimming pools.

A building permit shall be required for the construction of any swimming pool or spa within the city limits. A building permit shall not be issued until a permit fee is paid by the applicant. The permit fee shall be as established by the master fee schedule. Plans for each swimming pool shall show compliance with the requirements of swimming pool barriers, discharge of swimming pool water, and other applicable city codes. Final inspection of swimming pools shall be withheld until compliance with requirements of this section has been obtained.

(Ordinance 215 adopted 2/24/76; Ordinance 2176, sec. 2, adopted 11/21/05; Ordinance 4098 adopted 1/17/2023)

§ 3-16.1 International Swimming Pool and Spa Code.

Adoption.

The International Swimming Pool and Spa Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the swimming pool and spa code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Swimming Pool and Spa Code, 2021 edition.

[1]

Editor’s note–The 2021 ISPSC Amendments are included as an attachment to this chapter.

(Ordinance 4098 adopted 1/17/2023)

§ 3-17 Drainage and stormwater control.

Adoption-Title.

This section is hereby adopted and shall be known as the “Official Drainage and Stormwater Control Ordinance” of the City of Sachse.

Purpose and scope.

The purpose set forth herein is to insure adequate stormwater drainage and flood control within the City of Sachse, and to protect public health and safety, to minimize property damage due to flooding, to limit runoff rates to equitably distribute the cost of necessary drainage improvements, and to minimize the maintenance cost of drainage facilities constructed. Any development of property affecting storm drainage and flood control in the City of Sachse is subject to the provisions of this section and the Flood Hazard Prevention Ordinance (Ordinance No. 600, codified as chapter 3, section 15 of this Code of Ordinances). It also applies to individual building structures, subdivisions, excavation and fill operations.

Standard provisions.

All construction for storm drainage in the development or improvement of property within the City of Sachse shall conform to the following standards and requirements:

(1)

Storm sewer inlets shall be provided along paved streets at such intervals as are necessary to limit the depth of flow as follows:

(a)

Residential streets.

Based on parkway slopes of one-quarter inch per foot behind the curb, the 100-year design frequency flows shall not exceed a depth of one and one-half inches over the top of curb. A maximum flow of 45 cfs will be allowed in the street.

(b)

Collector streets.

Based on parkway slopes of one-quarter inch per foot behind the curb, in industrial and commercial areas, the 100-year design frequency flows shall not exceed a dept of one-half inch over the top of curb. A maximum flow of 45 cfs will be allowed in the street.

(c)

Major thoroughfares.

Based on a cross slope of one-quarter inch per foot on the pavement, the 100-year design frequency flow shall not exceed the elevation of the lowest top of curb. A maximum of 45 cfs will be allowed in the street.

(d)

Alleys.

The 100-year design frequency flows shall not exceed the capacity of the alley sections. A maximum of 45 cfs will be allowed for an alley with curbs, and 25 cfs for alleys without curbs.

(e)

Positive overflow.

The approved drainage system shall provide for positive overflow at all low points. The term “positive overflow” means that when the inlets do not function properly, or when the design capacity of the conduit is exceeded, the excess flow can be conveyed over land along a paved course. Normally, this would mean along a street or alley, but can require the dedications of special drainage easements or private property.

(2)

A closed storm sewer system shall be required to accommodate a runoff exceeding the street capacity, as provided above, up to and including the design capacity of a 72-inch concrete pipe. The following are recommended maximum design velocities:

Culverts	15.0 fps
Inlet Laterals	10.0 fps
Storm Sewer	12.5 fps

Discharge velocities cannot exceed the permitted velocity of the channel or conduit at the outfall.

(3)

An open channel may be permitted to accommodate runoff exceeding the design capacity of a 72-inch pipe, as provided below:

(a)

Channels draining an area with a “CA” factor (coefficient to runoff and drainage area, as used in the hereinafter described “rational formula”) of less than 600 shall be concrete lined to the design depth plus six inch freeboard except that a closed system as provided above may be used. A 20-foot wide access easement shall be provided along at least one side parallel to channel. The top width of the channel at the design depth must not exceed 50 feet unless specifically approved by the city engineer.

(b)

Channels draining an area with a “CA” factor between 600 and 1,000 shall be improved to a capacity of the 100-year design discharge by excavation, straightening and realignment. The construction of the concrete lined channel shall have a width of no less than the bottom width with concrete lined to a depth of at least three feet on the banks. Earthen side slopes shall be no steeper than 4:1, horizontal to vertical, and shall have approved ground cover to prevent erosion.

Where drainage conditions or velocities of water will exceed that condition which would create erosion, provisions shall be made for the placement of riprap, gabion, etc., along the stream, and channel banks by the developer.

(c)

Channels draining an area with a “CA” factor over 1,000 shall be designed to carry the capacity of a 100-year flood frequency storm. The specific design and type of construction improvements for this drainage facility shall have specific approval by the city engineer after review of the maintenance, erosion and site conditions.

(d)

All areas of an earth channel section shall be improved by the developer with a low maintenance vegetation as approved by the city engineer, prior to planting. The selection of materials shall comply with the current ground cover listing for North Central Texas furnished through the Texas agricultural extension service.

(e)

The setback for the building line shall be as follows:

(i)

A maintenance strip shall be provided with a 20 foot width along each side of the top of the channel unless approved otherwise by the city engineer and shown on the file plat.

(ii)

A drainage flume section which provides for limited flow of storm water shall be located within a drainage easement of sufficient width which permits further maintenance accessibility.

(4)

A drainage feature which is to remain in its natural state of native growth may be accepted by the city to remain as an unimproved facility so long as the water conveyance capacity of the area is adequate to handle the future drainage requirements.

(5)

In lieu of the improvements of a channel draining as area with a “CA” factor in excess of 600, the city council may elect to accept the dedication of all land within the 100-year floodway of the existing drainage channel as a permanent drainage right-of-way.

(6)

The criteria for drainage improvements as hereinabove set forth in paragraphs (1) through (4) of this subsection shall be applicable to publicly owned lands solely at the discretion of the City of Sachse.

(7)

Excavation, fill and grading operations within the city limits shall be undertaken only after a proper permit has been obtained from the city engineer. Failure to obtain the proper permit shall result in the requirement for the developer to replace the soils, as required by the most current edition of the uniform building code.

(8)

Easements.

Drainage and floodway easements shall be provided for all open channels. Easements shall encompass all areas beneath a ground elevation defined as being the highest elevation of the following:

(a)

One foot above a design storm having a recurrence interval of 100 years, calculated by the city’s criteria.

(b)

The top of the high bank.

(c)

Maintenance access.

(9)

Ground cover.

Any ground cover or vegetation which is planted and is a part of the improvement project will not be accepted by the city until the growth has been established and maintained by the developer for a one-year time period.

Responsibility of owner or developer for storm drainage.

(1)

The owner or developer of property to be developed shall be responsible for all storm drainage flowing through or abutting such property. This responsibility includes the drainage directed to that property by ultimate development as well as the drainage naturally flowing through the property by reason of topography. It is the intent of this section that provision be made for storm drainage in accordance with subsection C above, at such time as any property affected is proposed for development, use or modification.

(2)

Where the improvement or construction of a storm drainage facility is required along a property line common to two or more owners, the owner hereafter proposing developments at the time of development, shall provide the storm drainage facility including the dedication of all necessary right-of-way or easements, to accommodate the improvements.

(3)

Where a property owner proposed development or use of only a portion of his property, provision for storm drainage in accordance with subsection C above shall only be required in that portion of the property proposed for immediate development, except as construction or improvements of a drainage facility outside that designated portion of the property is deemed essential to the development of that designated portion.

(4)

When a property owner proposes a development, provisions shall be made in the development plan for control of excess siltation and downstream erosion.

(5)

In the event that a property owner or developer desires to modify an existing pond or lake or desires to impound storm water by excavation, filling or construction of a dam within a property, for retention or detention, thereby creating a lake, pond, lagoon or basin as a part of the planned development of that property, the standard provisions for storm drainage as established in subsection C above shall be applicable, and shall also provide:

(a)

That an engineering plan for such construction, accompanied by complete drainage design information, prepared by a registered professional engineer, and shall have been approved by the City of Sachse;

(b)

That the owner or developer shall have agreed to retain under private ownership the lake, pond, lagoon or basin constructed, and to assume full responsibility for the protection of the general public from any health or safety hazards related to the lake, pond, lagoon or basin constructed;

(c)

That the owner or developer shall have agreed to assume full responsibility for the maintenance of the lake, pond, lagoon or basin constructed;

(d)

That the obligations herein shall run with the land and shall be a continuing obligation of the owner or owners of such land;

(e)

That all Federal, state, and county laws pertaining to impoundment of surface water are complied with, including the design construction and safety of the impounding structure. Any existing structure which is included in a project development area shall be improved to comply with the applicable Federal, state, and county and city safety requirements for structures. The design flows shall be based upon the urbanized drainage flows which can result from a 100-year flood. All improvements shall be made to the dam structure at the expense of the developer, prior to acceptance of the adjacent street, utilities and drainage improvements as provided for under the subdivision ordinance;

(f)

On any existing structure, the owner will furnish a study by a professional engineer to the city for approval prior to any proposed alteration. Compensatory storage shall be provided in some manner such that equal or comparable flood retention capacity is maintained.

(6)

The maintenance of private drainage facilities shall be provided for by the property owner or assigned agent. The city shall reserve the right to enter into any drainage easement or utility easement filed of record with the county and/or city, to perform maintenance work and to construct capital improvements as required to preserve and protect the health, safety, and welfare of the public. Said maintenance and/or capital drainage improvement projects shall be completed at the discretion of the city, based upon available funding, the recommendation of the city engineer, and approval by the city council through the annual budget process.

(7)

All existing water seepage springs, or flowing water shall be connected into an underground storm sewer system, or they shall be discharged into an appropriate facility which is intended to carry storm water runoff. Such flow will not be permitted to discharge directly into the street gutter line.

(8)

Fences (private and public screening) shall be constructed such that blockage of surface water flow does not occur. This includes the requirement that erosive conditions shall not be created around, under or near a fence structure.

(9)

The developer shall provide detail offsite drainage plans for the proper transition to natural ground or stream elevations. Criteria for onsite development shall apply to offsite improvements as required by the city engineer.

(10)

When developing land for a high intensity land use, the owner shall be responsible for the construction/installation, and maintenance of structural stormwater controls for water quality. Said structural stormwater controls shall be shown on the engineering plans, and reviewed and approved by the city engineer prior to construction. Structural stormwater controls include but are not limited to those as identified in the North Central Texas Council of Government’s iSWM Technical Manual, latest edition. This information is available at the office of the city engineer. The city engineer shall review and approve or deny the selection and use of structural stormwater controls.

Engineering design.

(1)

Each storm drainage facility, including street capacities, shall be designed to convey the runoff which results from a certain prescribed design storm.

Drainage design requirements for open and closed systems shall provide protection for property during a storm having a 100-year recurrence interval with this projected flow carried in the streets and closed drainage systems in accordance with the following:

Drainage Facility	Design Recurrence Interval
Closed Storm Sewer Systems	10 year with emergency
	100 year overflow
Closed Storm Sewer Systems at Street Low Point or Sag	100 year which may include emergency overflow
Culverts and Bridges	100 year (unless otherwise directed)
Concrete Lined Channels	50 year with emergency
	100 year overflow
Earthen Channels	100 year

(2)

Computation of stormwater runoff for drainage areas less than 200 acres shall be by the “Rational Method,” which is based on the principle that a maximum rate of runoff from a given drainage area for an assumed rainfall intensity occurs when all parts of the area are contributing to the flow at the point of discharge. The formula for calculation of runoff by the “Rational Method” is:

Q	=	CIA, where:
Q	=	The maximum rate of discharge expressed in cubic feet per second (fps).
C	=	A runoff coefficient which varies with the topography, soil, soil cover, land use and moisture content of the soil at the time the runoff producing rainfall occurs. This runoff coefficient shall be based on the ultimate use of the land as recommended by the land use plan for the city, and shall be selected from Table I herein on the basis of the use shown on land use and zoning map of the comprehensive zoning ordinance for the city. If an area has had a change of zoning to give the area land use for which the “C” in Table I is higher than the use shown on land use and zoning maps, the higher “C” factor shall be used.
I	=	Rainfall intensity in inches per hour from the applicable curves of Figure 1. Time of concentration or duration of rainfall for use in Figure 1 shall be calculated by velocity data shown in Table II.
A	=	The drainage area, expressed in acres, contributing to the runoff at the point in question. Calculation of the drainage area shall be made from an accurate topographic map, a copy of which shall be submitted with the engineering plans for approval.

For drainage areas in excess of 200 acres, where the use of “Rational Method” does not provide reliable data, the use of unit hydrograph flow determination shall be made. The use of a unit hydrograph calculation will be based upon standard and accepted engineering principles normally used in the professional subject to the approval of the city engineer. The Soil Conservation Service Technical Release Number 55 is an acceptable method.

Computation of stormwater runoff shall be based on a fully developed drainage area, or watershed, in accordance with the land use projected in the then current comprehensive land use plan for the city.

For any development other than single-family development as identified in the zoning ordinance, the stormwater runoff rate which will exit the development shall be no greater than the stormwater runoff rate prior to the development for both the two-year and the 100-year frequency storms. This requirement may require the design and construction of detention or retention facilities.

For development of a portion of a larger undeveloped tract of land, the owner shall provide for a community detention or retention facility for the entire tract of land when the design of detention or retention facilities is required. The preliminary engineering of the community detention or retention facility shall be submitted for city review at the time of preliminary platting in accordance with chapter 8, subdivisions, of this Code. The city engineer may waive the requirement of a community detention or retention facility based on pre-development site conditions.

Engineering design for any property which is located within the land area described by metes and bounds and identified in Exhibit A shall conform to the requirement that no stormwater drainage runoff greater than that amount which exists at the time of passage of this section amendment dated September 18, 1995 will be permitted. The engineering drainage design prepared for any proposed development which occurs within or on property contained in the land area described in Exhibit A shall make provisions to include either retention, detention or some other method of control where the stormwater discharge is limited as specified herein.

Editor’s note–Exhibit A is on file in the office of the city secretary.

For any single-family dwelling development as identified in the zoning ordinance two acres or larger with at least three single-family dwellings, the stormwater runoff rate which will exit the development shall be no greater than the stormwater runoff rate prior to development for both the two-year frequency and the 100-year frequency storm. For any single-family dwelling development as identified in the zoning ordinance platted prior to the adoption of this section and not more than two acres in size with not more than two single-family dwellings, the post development stormwater runoff rate may increase provided the proposed stormwater runoff rate increase will not adversely affect adjoining property owners or public health, safety, and welfare as determined by the city engineer.

When the development of any land use classification can, or does provide direct drainage outlet works into Lake Ray Hubbard or Rowlett Creek, consideration may be given to allow the design of storm runoff to occur without detention, or retention within the project limits.

All development plans, including site plans and file plats which have a drainage outlet works or outfall line with drainage into Lake Ray Hubbard, Rowlett Creek, Muddy Creek, or the city’s stormwater system, or any other locations which may be proposed for drainage outfall shall be submitted to the city.

The presentation and design of a comprehensive drainage plan submitted by the developer or their engineer to the city for all plats will be reviewed. The plan, after review and/or proposed modification, shall be approved by the city’s engineer. If the plan is not adequate, the city’s engineer will report the concerns to the city manager for action to be considered by the city, or changes to be made by the developer/owner.

(3)

The two basic methods suggested for predicting the volume of runoff with time and the peak flow rate are the Rational Method and the Unit Hydrograph Method. The Rational Method may be used for drainage areas less than or equal to 200 acres. Drainage basins that exceed 200 acres must use the Unit Hydrograph Method. The

Soil Conservation Service Technical Release Number 55 is an acceptable Unit Hydrograph Method.

When the Rational Method is used and detention is required, the volume of water supplied by the design storm may be calculated by converting the runoff rate, during a specific duration, to volume. The inflow volume should be determined for a period of at least twice the time of concentration for the site.

Retention and detention are two generalized types of storm runoff storage used to control the rate of runoff. Additional control methods may be considered, including but not limited to the stormwater controls listed in the North Central Texas Council of Government’s iSWM Technical Manual, latest edition. This information is available at the office of the city engineer. All detention ponds should be designed to empty within a 24-hour period.

TABLE I VALUES OF “C” FOR USE IN “RATIONAL METHOD” FORMULA Q = CIA
Slope	Land Use from Land Use Plan	Value of “C” (Runoff Coefficient)
Flat Terrain	Park Areas-No Developable Land	0.20
0% to 1%	Park and School Land Tract	0.30
	Single-Family Residential	0.45
	Duplex	0.50
	Multiple Family	0.55
	Local Business	0.65
	Central Business	0.80
	Commercial	0.80
	Industrial	0.75
Moderate Terrain	Park Areas-No Developable Land	0.30
1% to 3.5%	Park and School Land Tract	0.40
	Single-Family Residential	0.50
	Duplex	0.55
	Multiple Family	0.60
	Local Business	0.70
	Central Business	0.85
	Commercial	0.85
	Industrial	0.80
Steep Terrain	Park Areas-No Developable Land	0.35
3.5% and over	Park and School Land Tract	0.45
	Single-Family Residential	0.65
	Duplex	0.70
	Multiple Family	0.75
	Local Business	0.80
	Central Business	0.85
	Commercial	0.85
	Industrial	0.85

TABLE II AVERAGE VELOCITY FOR USE IN DETERMINING TIME OF CONCENTRATION
Description of Water Course	0% to 3% V. in fps	4% to 7% V. in fps	8% to 11% V. in fps	Over 12% V. in fps
Surface Drainage	5	9	13	15
Channels	Determine V. by Mannings Formula
Storm Sewers	Determine V. by Mannings Formula

The data shown in Table II are average velocity of the runoff for calculating time of concentration or duration of rainfall for use in Figure 1. These average velocities in this table shall be used unless the designer shows calculation of velocities by streets and/or storm sewers, or overland flows.

Using the average velocities from this table, the designer shall calculate the time of concentration by the following formula unless more data is shown on the plans for calculating time of concentration.

“Inlet Time” = Five minutes for property zoned for multiple family, local business, central business, commercial or industrial; ten minutes for property zoned for parks, schools, single-family residential and duplex.

T	=	“Inlet Time” + D / V x 60, Where:
T	=	Time of concentration in minutes for use in Figure 1.
D	=	Distance in feet from point of concentration to upper end of drainage area under consideration.
V	=	Velocity in feet per second from this table or velocity calculated by designer by streets and/or storm sewers.

The existing soils are such that erosive conditions are created at certain velocities. The following velocities are considered to be maximum acceptable design conditions:

Earth (with no concrete protection)	0 to 5 feet per second
Shale	5 to 6 feet per second
Rock	6 to 10 feet per second

Editor’s note–Figures are on file in the office of the city secretary.

(4)

The minimum curb inlet size shall be eight feet in length with a capacity of eight cfs.

(5)

The construction of all improvements shall be in accordance with the standards set forth in the current Paving and Drainage Specifications Handbook, and Design Standards of the City of Sachse. The frequency chart in years (Figure 1), the Inlet Capacity for low points Inlets (Figure 2), the drainage capacity road sections (Figure 3), and the city criteria are hereby adopted as a part of this section.

(6)

Complete engineering plans for storm drainage facilities shall be prepared by a professional engineer registered in the State of Texas and experienced in civil engineering work. The total cost for such engineering plans and specifications shall be borne by the owner or the developer and shall be furnished to the city engineer for his review and approval.

(7)

In any development, alteration, or improvement of property, the owner may be required to provide, at his expense, a preliminary drainage study for the total area to be ultimately developed. This study shall be submitted to the city engineer as a part of the submitted data for consideration of preliminary plat, or site plan approval.

Construction in areas subject to flooding.

(1)

In all areas subject to flooding, the finished floor elevation shall be a minimum of two feet above the high water elevation calculated for the runoff from a rainfall having a recurrence interval of 100 years, in a completely developed watershed. The owner/developer shall furnish, at his expense, to the city engineer, sufficient engineering information to confirm that the minimum floor elevations proposed are as required by this paragraph. Residential construction permits will not be issued until lots and/or sites are elevated from the flood plain in accordance with F.E.M.A. approved revision.

(2)

No building or structure, excavation, filling, or construction of embankment or landscaping shall be permitted within a flood plain or channel which will increase water surface elevations or obstruct natural flow of water within that flood plain or channel, unless sufficient engineering design information is furnished to the city engineer in order that he may determine the same will not adversely affect flow characteristics within that flood plain or channel, resulting in damage to that or any other property nearby.

(3)

The provisions of the city’s current flood hazard prevention ordinance (F.E.M.A. criteria) shall be observed in preparing land development plans.

(4)

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated to the level of the base flood elevation, plus two feet.

Building or structure set-back requirement.

No building or structure, including fences, shall hereafter be constructed, reconstructed, or relocated within 20 feet of any open drainage channel. It is the intent of this section to insure that an unobstructed width of at least 20 feet is maintained between the top of the high bank of any such drainage channel and any building or structure. (See also subsection C)

Minimum lot and floor elevations.

Minimum lot and floor elevations shall be established as follows:

(1)

Lots abutting a natural or excavated channel shall have a minimum elevation for the buildable area of the lot at least equal to the highest elevation of the drainage floodway easement, and a finished floor elevation at least two feet above the 100-year design storm or F.E.M.A. floodway elevation, whichever is greater. The minimum finished floor elevation shall be set at an elevation of two feet above the top of curb elevation, except when the terrain feature slopes, such that drainage is not a critical element to the project.

(2)

Where lots do not abut a natural or excavated channel, minimum floor elevations shall be a minimum of one foot above the street curb or edge of alley, whichever is lower, unless otherwise approved by the city engineer. Where a lot is adjacent to a drainage flume or channel, the finished floor shall be a minimum of two feet above the high water elevation. Where the structure is below a street or alley, the builder shall grade and construct facilities such that a positive drainage system of swales are capable of discharging the resultant flows which may flow across the yard area into the structure.

(3)

The minimum finished floor elevation shall be shown on the final file plat for record purposes. Prior to final acceptance of utilities and street construction by the city, a certified statement shall be prepared by a registered professional land surveyor showing all lot elevations, as developed within the subject project, meet or exceed the required minimum finished floor elevations. This certification shall be filed with the City of Sachse.

(4)

Existing platted property which is subject to flooding or carries a specified or recorded minimum finished floor elevation shall be surveyed by a registered professional land surveyor prior to obtaining a building permit. The certified survey data shall be furnished to the City of Sachse for approval. Certificate of compliance with the provisions of this ordinance pertaining to specified finished floor levels shall be required.

Building permits, plat and site approval to be withheld.

No building permit shall be issued, nor plat or site plan approval, nor certificate of occupancy approved for any construction, reconstruction, or development upon any land where such construction, reconstruction or development is not in conformity with the requirements and intent of this section. Anyone who violates any of the terms and provisions of this section shall be denied a building permit until the violations are corrected. Residential construction permits will not be issued until lots and/or sites are elevated from the flood plain by F.E.M.A. approved revisions.

Maintenance guarantee.

The contractor shall guarantee the work which he does against defective workmanship and materials for a period of one year from the date of final acceptance by the city.

Where defective workmanship and/or materials are discovered requiring repairs to be made under this guarantee, all such repair work shall be done by the contractor. If contractor fails to make repair or correct such defective workmanship and/or materials within five days after being notified, the city may make the necessary repairs and charge the contractor with the actual cost of all labor and materials required.

The contractor shall provide a performance bond for a period of one year after the date of acceptance of the work to cover his guarantee as set forth above.

(Ordinance 1165, secs. I–X, adopted 3/21/94; Ordinance 1299 adopted 9/18/95; Ordinance 3188, sec. 1, adopted 1/4/10; Ordinance 3818, sec. 1, adopted 10/2/17)

§ 3-18 Bonding requirements for sidewalks and approaches.

No person, firm or corporation, or any of their agents, servants or employees, shall construct, reconstruct or repair any sidewalk or approach in the City of Sachse without executing and delivering to the City of Sachse, a bond in the sum of $2,000.00 payable to the City of Sachse, at Sachse, Dallas, County, of whom shall be an approved surety company, which bond shall be conditioned as follows:

Said bond shall be conditioned that all work done in the construction, reconstruction or repair of any sidewalk shall be done in a good and workmanlike manner, and that such person, firm or corporation shall faithfully and strictly comply with the specifications, and with the terms of the city Code and such ordinances, resolution or regulations that may be passed by the governing body, governing and relating to the construction, reconstruction or repair of sidewalks, and that the City of Sachse shall be fully indemnified and be held whole and harmless from any and all costs, expense or damage whether real or asserted, on account of any injury done to any person or property in the prosecution of said work, or that may arise out of or be occasioned by the performance of said work; said bond shall be conditioned further that the said persons, firm or corporation shall, without additional cost to the person for whom the work was done, maintain all sidewalks or approaches so constructed, reconstructed or repaired by said person, firm or corporation for a period of two years from the date of such construction, reconstruction or repair to the satisfaction of the city inspection department of the City of Sachse at any time within two years after the construction, reconstruction or repair of such sidewalk and after ten days notice from the city inspection department to construct or repair the same, the opinion of the city inspection department of the City of Sachse as to the necessity of such reconstruction or repair shall be binding on the parties thereto: which bond shall for such purpose be in force for two years after the construction, reconstruction or repair of such sidewalk or approach and after ten days’ notice from the city inspection department to reconstruct or repair the same, and the opinion of the city inspection department of the City of Sachse as to the necessity of such reconstruction or repair shall be binding on the parties thereto which bond shall for such purpose be in force for two years after any sidewalk is constructed, reconstructed or repaired and one recovery shall not exhaust said bond, but such bond shall be a continuing obligation against the sureties thereon until the entire amount therein provided for shall have been exhausted. That is in case the bond herein provided for shall be decreased on account of any recovery which may be obtained arising out of the violation of any condition of the same, the governing body shall require, upon notice to it of such fact, an additional bond to be given by any person, firm or corporation in accordance with this section in an amount sufficient when added to the exhausted amount of the original bond to be at all times equal to the sum of

$2,000.00. The City of Sachse may for itself or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction or repair of any sidewalk by any person, firm or corporation, maintain suit on said bond in any court having jurisdiction thereof, or suit may be maintained thereon by any person injured or damaged by reason of the failure of any person, firm or corporation, who shall construct, reconstruct or repair any sidewalk or approach in the City of Sachse, to observe the conditions of said bond; provided however, that nothing in this section shall affect the bond of any person, firm or corporation now engaged in construction, reconstructing or repairing sidewalks or approaches, which have already been executed in accordance with the terms of the existing city ordinance, nor shall this section be construed to in any manner diminish the liability of any surety or principal on said bond. No person, firm or corporation having a bond to construct, reconstruct, alter, repair, remove or replace sidewalks or approaches on public property within the City of Sachse shall be permitted to take out a permit for the reconstruction, alteration or repair of any sidewalk or approach on any public property within the City of Sachse and allow any person other than the bona fide holder of such reconstruction, alteration or repair of any sidewalk or approach on any public property within the City of Sachse shall be granted unless the two year maintenance bond provided for herein shall be in full force and effect at the time of request for such permit and the doing of the work.

(Ordinance 1005, sec. 1, adopted 1/6/92)

§ 3-19 Erosion control.

Owner responsibility.

It is the responsibility of each property owner within the municipal limits of the City of Sachse, Texas to take appropriate measures to control the erosion and siltation of soil materials from the owner’s property. The owner shall not allow water runoff to transport silt, earth, topsoil, etc., from the owner’s property to others properties or on to city streets, drainage easements, drainage facilities or storm drains. The property owner shall be responsible for damages to others created by the actions of builders, contractors, developers and others performing construction or other activities on the owner’s property which create conditions that cause or aggravate erosion.

Contractor responsibility.

Plans and specifications prepared for construction of improvements shall address suggested erosion/siltation control measures and techniques to assist the contractor in implementing a suitable program to control erosion. The City of Sachse, Texas shall not be required to approve and may, in the city’s discretion, deny approval of plans and specifications based upon the city’s opinion as to the suitability of erosion measures submitted. The contractor shall take whatever measures are necessary to control and limit the transport of silt, earth, topsoil, etc., from the site of construction, including, but not limited to, the erosion/siltation control measurers and techniques provided on the plans and specifications. The contractor shall, upon completion of his/her work, leave the owner’s property in a condition that minimizes the transportation of the owner’s silt, earth, topsoil, etc.

City approval.

The City of Sachse, Texas, through its building officials, city engineers and inspectors, may refuse to issue approval or permits, including plats, drainage studies, plans and specifications, building permits, interim inspections; acceptance of maintenance of completed construction of public streets or storm drainage facilities or certificates of occupancy if, at the time the approval or permit is sought, the owner, developer and/or contractor does not have in place adequate erosion/siltation control measures.

(Ordinance 1099 adopted 7/19/93)

§ 3-20 Regulation of wireless telecommunication facilities.

Facilities, including antennas, used in conjunction with wireless telecommunication facilities, shall be governed by the applicable provisions of this ordinance in compliance with the following standards. For the purposes of this section, the term “antenna” means one or more wireless telecommunication antennas mounted on a monopole tower.

Existing structures.

Roof-mounted wireless telecommunication antennas are allowed on nonresidential buildings in all zoning districts provided the antenna does not exceed the height of the building by more than 15 feet. Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials.

Wireless telecommunication antennas are allowed on existing utility structures exceeding 75 feet in height (including power or telephone poles, water storage facilities, and similar buildings and structures) operated by the city or public utility companies provided that the antenna does not exceed the height of the structure by more than 15 feet.

Freestanding towers.

Wireless telecommunication antennas are allowed in industrial (I-1) and industrial (I-2) districts. An SUP, as otherwise provided by this ordinance, for wireless telecommunication antennas is required for commercial and freeway districts (unless otherwise allowed by right under an incentive provided below).

Freestanding wireless telecommunication antennas must be a minimum of three to one height to distance ratio from single-family residential district boundary lines.

Freestanding wireless telecommunication antennas must be a minimum distance of 5,000 feet from another wireless telecommunication antenna (unless excepted by reason of an incentive provided below).

Equipment buildings must be similar in color and character to the main or adjoining building or structure and screened by a chain link fence, a wrought iron fence with evergreen hedge, or masonry wall.

Incentives.

Wireless telecommunication antennas located on existing buildings or utility structures are not subject to the 5,000 foot separation requirement.

A wireless telecommunication antenna may be located less than 5,000 feet but not less than 3,000 feet from another wireless telecommunication antenna provided that (i) the antenna will be used for two or more wireless communication providers; or (ii) the antenna is designed and built so as to be capable of use by two or more wireless communications providers and the owner of the antenna certifies to the city that the antenna is available for use by another wireless communications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the actual prorated share of the design, construction and maintenance costs of the facilities.

(Ordinance 1449 adopted 3/3/97)

§ 3-21 Regulation of residential and commercial alarms.

Definitions.

In this article:

Alarm site

means a single premises or location (one street address) served by an alarm system or systems that are under the control of one owner.

Alarm system

means a device or system that emits, transmits or relays a signal intended to summon, or that would reasonably be expected to summon, police department services, fire department services, or emergency medical services including but not limited to, local alarms. “Alarm system” does not include:

(1)

An alarm installed on a vehicle unless the vehicle is permanently located at a site; nor

(2)

An alarm designed to alert only the inhabitants of a premises which does not have a local alarm.

Burglary

means an offense as defined in the Texas Penal Code, chapter 30.

Burglar alarm notification

means a notification intended to summon the police which is initiated or triggered manually or by an alarm system designed to respond to a stimulus characteristic of an unauthorized intrusion.

Communications center

means the designated unit of the Sachse police and fire departments that has the responsibility of answering incoming phone calls and dispatching police and fire units.

Emergency medical assistance alarm notification

means a notification intended to summon emergency medical assistance from the Sachse fire department or local ambulance service.

False burglar alarm notification

means a burglar alarm notification to police when the responding officer(s) find no evidence of a burglary or attempted burglary.

False emergency medical assistance alarm

means an emergency medical assistance notification to the fire department or local ambulance service, when responding personnel finds no evidence of a need for emergency medical assistance.

False fire alarm notification

means a fire alarm notification to the fire department when the responding personnel find no evidence of a fire having occurred or of a need for fire department services.

False robbery alarm notification

means a robbery alarm notification to the police when the responding officer(s) find no evidence of a robbery.

Fire alarm notification

means a notification to the fire department intended to summon units of the fire department which is initiated or triggered manually or mechanically by an alarm system designed to react to any of the visual or physical characteristics of a fire.

Local alarm

means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of the alarm site.

Permit holder

means the person designated in the required application.

Person

means a natural person, corporation, partnership, association or unit of government.

Robbery

means an offense as defined in the Texas Penal Code, chapter 29.

Robbery alarm notification

means a notification by means of an alarm system designated to be activated by an intentional act so that police will be notified when a robbery occurs.

Permit required.

(1)

A person commits an offense if he operates or causes to be operated an alarm system without an alarm permit issued by the chief of police or his designee. A separate permit is required for each type of alarm system at each alarm site.

(2)

Any person owning, possessing, or operating an alarm system on the effective date of this article shall apply for a permit within 180 days after the enforcement date.

(3)

Upon receipt of a completed application form, the chief of police or his designee shall issue a permit unless:

(a)

The applicant has failed to pay a service fee assessed under this article; or

(b)

The applicant has outstanding fines or violations of this article; or

(c)

The applicant has had an alarm permit for the alarm site revoked and the violation causing revocation has not been corrected.

(4)

Each permit application shall contain the following information:

(a)

The name, home address and home telephone number of the person who will be the permit holder and responsible for the proper maintenance and operation of the alarm system and payment of fees and fines assessed under this article.

(b)

Classification of the alarm site as residential or commercial.

(c)

For each alarm system located at the alarm site, the purpose of the alarm system, that is, burglary, robbery, fire, water flow or medical emergency.

(d)

The names, home addresses and telephone numbers of at least two persons in addition to the permit holder, who have key access to the alarm site and who can respond to the alarm site within 30 minutes when notified by the police or fire departments.

(e)

The name, address and telephone number of the alarm company that maintains or services each alarm system at the alarm site.

(f)

The type of alarm announcer, whether audible or silent, at the alarm site.

(5)

Any false statement of a material matter made by an applicant for the purpose of obtaining an alarm permit or renewal, or while making a change thereto, shall be sufficient cause for refusal to grant, or for suspension of a permit.

(6)

An alarm permit cannot be transferred to another person. However, the person(s) designated to respond to an alarm may be changed. The permit holder shall inform the chief of police or his designee of any change that alters any information listed on the permit application within two business days. No fee shall be assessed for such changes.

(7)

All fees or fines owed by an applicant shall be paid before a permit may be issued or renewed.

(8)

Persons operating an alarm system without a permit will be given one written warning, each subsequent violation will be assessed a $250.00 fee per occurrence.

Permit fee, duration and renewal.

A fee of $10.00 shall be assessed for a permit or the renewal of a permit. A permit is valid for a period of two years from the date of issuance. It is the responsibility of the permit holder to renew the permit prior to expiration.

Proper alarm system operation and maintenance.

(1)

A permit holder or person in control of an alarm system shall:

(a)

Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system;

(b)

Maintain the alarm system in a manner that will minimize false alarm notifications;

(c)

Respond or cause a representative to respond within a reasonable period of time when notified by the chief of police or his designee to repair or inactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises; and

(d)

Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.

(2)

A permit holder or person in control of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than ten minutes after being activated.

(3)

A permit holder shall display or cause to be displayed street address numbers in a prominent exterior location at both the front and rear of the alarm site. The address number(s) shall not be less than three inches in height and of a color contrasting to its background. Nonresidential alarm sites shall display, in a prominent exterior location, in English, the name of the business at the front of the alarm site.

(4)

A permit holder or person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted in order to suppress false indications of force so that the alarm system will not be activated by impulses due to:

(a)

Transient pressure changes in water pipes;

(b)

Flashes of light;

(c)

Wind noise caused by the rattling or vibration of doors or windows;

(d)

Vehicle noise adjacent to the alarm site; or

(e)

Other forces unrelated to actual emergencies.

Manual reset required.

A permit holder or person in control of a local alarm or alarm system that causes an alarm notification to be sent directly to the police or fire departments shall adjust the mechanism or cause the mechanism to be adjusted so that, upon activation, the system will not transmit another alarm signal without first being manually reset.

Reporting of alarm signals.

A permit holder shall not report alarm signals through a relaying intermediary that does not meet the requirements of this article and the rules and regulations promulgated by the chief of police or his designee.

Other types of alarms.

(1)

A person shall not install or maintain an alarm system except for the purpose of eliciting responses to burglaries, robberies, fires, or requests for emergency medical services, unless specifically authorized by the chief of police or his designee.

(2)

If innovations in alarm systems or other types of alarm devices adversely affect emergency services of the city, the chief of police or his designee may promulgate rules and regulations in order to protect the emergency services of the city.

Indirect alarm reporting.

A person who is engaged in the business of relaying alarms to the police or fire department shall:

(1)

Send notification of an alarm to the police or fire department by a human operator only;

(2)

Send alarm notifications to the police or fire departments in a manner and form determined by the chief of police or his designee; and

(3)

Send alarm notifications only on special trunk lines designated by the chief of police or his designee.

Automatic dialing prohibited.

No permit holder and no person shall operate or cause to be operated any automatic dialing service which, when activated, uses a telephone device or attachment to automatically select a telephone line leading into the police or fire department communications center and then transmit any prerecorded message or signal.

Protection of financial institutions.

(1)

A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C., section 1882) may install, with the permission of the chief of police or his designee, a signal line directly to the police department for the purpose of reporting burglaries and robberies. If such an arrangement is made, all other requirements of this chapter must be met. The financial institution shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications center of the police department. The installation must be accomplished at the institution’s expense.

(2)

The financial institution shall pay an annual fee of $50.00 for each indicator. The chief of police or his designee, shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements.

If the chief of police or his designee finds that the alarm system continually fails to operate properly or be operated properly, the chief of police or his designee may terminate the privilege to have equipment and indicators in the communications center of the police department and require prompt removal of the equipment at the expense of the financial institution.

(3)

The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the chief of police or his designee on a 24-hour basis, seven days a week. In no event may the city become liable for charges for repairs and maintenance.

(4)

The financial institution may cancel its agreement with the city at any time by giving the city written notice through the chief of police or his designee and, at its own expense, remove its equipment and indicators from the monitor panel in the communications center.

(5)

The chief of police or his designee may require any change, modernization, or consolidation of alarm signaling equipment that the chief of police or his designee deems advisable. In no event may the city become liable for charges for these changes.

(6)

Instead of a direct line, a financial institution may report burglaries and robberies by transmission through an alarm reporting service using a special trunkline designated by the chief of police or his designee.

Alarm systems in apartment complexes.

(1)

A tenant of an apartment complex shall obtain an alarm permit from the chief of police or his designee before operating or causing the operation of an alarm system in the tenant’s residential unit.

(2)

The owner or property manager of an apartment complex in which an alarm system is installed in one or more individual residential units shall obtain a master alarm permit from the chief of police or his designee.

(3)

For purposes of assessing service fees and enforcing this article against an individual residential unit of an apartment complex:

(a)

The tenant is responsible for payment of all service fees for any false alarm notification emitted from the alarm system in the tenant’s residential unit; and

(b)

The master alarm permit holder is responsible for payment of all service fees for any false alarm notification emitted from an alarm system in any unoccupied residential unit in the apartment complex.

(4)

The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas.

System performance reviews.

If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation to suppress false alarms, the chief of police or his designee may require a conference to review the circumstances of each false alarm with the alarm permit holder and the alarm company under contract with the alarm permit holder. A persons alarm permit may be suspended for failing to attend a system performance review if they fail to appear after receiving two separate requests attend the conference.

Inspection.

(1)

Upon reasonable notification, the chief of police, fire chief or fire marshal or their designated representative may inspect an alarm site and alarm system of a permit holder.

(2)

An inspection does not constitute a warranty or representation that a system will work, is appropriate, or will otherwise ensure safety.

Alarm system operating instructions.

A permit holder or person in control of an alarm system shall maintain at each alarm site, a complete set of written operating instructions for each alarm system. Special codes, combinations or passwords shall not be included in these instructions. These instructions shall be available during an inspection of the alarm site.

Service fees-New installations-Exemptions.

(1)

If, within any 12-month period, five false burglar alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $25.00 for the 6th occurrence, $50.00 for the 7th occurrence and $100.00 + suspension of the permit on the 8th occurrence within a 12-month period.

(2)

If, within any 12-month period, two false fire alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the third false notification within the same 12-month period.

(3)

If, within any 12-month period, two false robbery alarm notifications are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the third false notification within the same 12-month period.

(4)

If, within any 12-month period, five false emergency medical assistance alarms are emitted from an alarm site, the chief of police or his designee may assess the permit holder of that alarm site a fee in the amount of $100.00 for each subsequent false alarm notification emitted from the site, following the sixth false notification within the same 12-month period.

(5)

If a person notifies the chief of police or his designee and applies for an alarm permit before the installation of a new alarm system, no service fee shall be assessed during the first 180 days after the installation, and alarm notifications during that period will not be counted in determining when a service fee will be assessed, providing the permit holder has met the requirements of this article.

(6)

If the responding police or fire department personnel determine that the alarm notification was caused by:

(a)

A natural or man-made catastrophe;

(b)

Severe weather that causes physical damage to the alarm system or alarm site;

(c)

Telephone line outage; or

(d)

A criminal offense;

a service fee will not be assessed. The determination of the chief of police or his designee in classifying an alarm notification as false or actual is final.

(7)

A permit holder shall pay a fee assessed under this section within 60 days after receipt of notice that it has been assessed.

(8)

Alarm systems operated by the police department or the City of Sachse shall be exempt from the provisions of this article.

Suspension of permit-Offense to operate.

(1)

The chief of police or his designee may suspend an alarm permit if is determined that there is a false statement of a material matter in the application for a permit.

(2)

The chief of police or his designee may suspend or refuse to renew an alarm permit for any violation of this article.

(3)

The chief of police or his designee may suspend or refuse to renew an alarm permit if an alarm system generates an excessive number of false alarm notifications in a 12-month period. In each respective category, an excessive number shall be:

(a)

Eight false burglary notifications;

(b)

Five false robbery alarm notifications;

(c)

Eight false emergency medical assistance alarm notifications; and

(d)

Five false fire alarm notifications.

(4)

See reason for suspension under system performance review.

(5)

The chief of police or his designee may suspend or refuse to renew an alarm permit if the permit holder fails to pay any assessed service fees within 60 days from the date of notice that fees had been assessed.

(6)

A suspension may be lifted or a permit renewed upon sufficient showing that the conditions which caused the action have been corrected and if the chief of police or his designee determines that the alarm system is likely to be maintained and operated in a responsible manner in accordance with the provisions of this article.

(7)

A person commits an offense if he operates an alarm system during a period of suspension or after the chief of police or his designee has refused to renew a permit for the alarm system. A fee of $250.00 will be assessed against the permit holder for each alarm signal received during the suspension period.

Appeal from denial or suspension of permit.

(1)

If the chief of police or his designee refuses to issue or renew a permit or suspends a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action and a statement of the right to appeal. The applicant or permit holder may appeal the decision of the chief of police or his designee to the city manager or designee by filing a written response for a hearing, setting forth the reasons for the appeal, within ten days after the receipt of the notice from the chief of police or his designee. The filing of a request for an appeal hearing with the city manager or designee stays an action of the chief of police or his designee in suspending a permit until the city manager or designee makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police or his designee is final.

(2)

The city manager or his designee shall serve as hearing officer at appeal hearings and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing. The hearing officer shall make a decision based on a preponderance of the evidence presented at the hearing. The hearing officer shall render a decision within 30 days after the request for an appeal hearing is filed. The hearing officer may affirm, reverse or modify the action of the chief of police or his designee, and that decision is final.

Alarm dispatch records.

(1)

The police or fire department personnel responding to a dispatch resulting from a burglary, robbery, fire or emergency medical assistance alarm notification shall record such information as necessary to permit the chief of police or his designee to maintain records, including, but not limited to, the following information:

(a)

Exact address of alarm site;

(b)

Dispatch time and date;

(c)

Event or incident number;

(d)

Permit number;

(e)

Primary responding unit and officer;

(f)

Apparent cause for alarm; and the

(g)

Name of representative of the permit holder on premises, if any.

(2)

The responding police or fire personnel shall leave notice at the alarm site that the police department has responded to a false alarm notification.

(Ordinance 1554 adopted 2/16/98)

§ 3-22 International Fuel Gas Code.

Adoption.

The International Fuel Gas Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the fuel gas code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Fuel Gas Code, 2021 edition.

[1]

Editor’s note–The 2021 IFGC Amendments are included as an attachment to this chapter.

(Ordinance 1882, sec. I, adopted 10/1/01; Ordinance 2136, sec. 1, adopted 5/2/05; Ordinance 3428, sec. 7, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 7, adopted 12/18/17; Ordinance 4098 adopted 1/17/2023)

§ 3-23 International Property Maintenance Code.

Adoption.

The International Property Maintenance Code, 2015 edition with amendments, including Appendix A “Boarding Standard,” a copy of which is on file in the office of the city secretary, is hereby adopted and designated as the property maintenance code of the City of Sachse, the same as though such code were copied in full herein.

Amendments to the International Property Maintenance Code, 2015 edition.

[1]

Editor’s note–The 2015 IPMC Amendments are included as an attachment to this chapter.

(Ordinance 2137, sec. 1, adopted 5/2/05; Ordinance 3428, sec. 8, adopted 10/15/12, eff. 1/1/13; Ordinance 3845, sec. 8, adopted 12/18/17)

§ 3-24 Standard construction details for paving, storm drainage, water system and sanitary sewer facilities adopted by reference.

Ordinance No. 456 of the City of Sachse, Texas is hereby amended by amending the “Standard Construction details for paving, storm drainage, water system and sanitary sewer facilities” by replacing the standard construction detail sheets attached hereto as Exhibit “A”* with the following replacement sheets:

(1)

Sheet 22:

Standard construction details-Sanitary sewer (manhole-cleanout connections).

(2)

Sheet 23:

Standard construction details-Sanitary sewer.

(3)

Sheet 3:

Standard construction details-Paving.

(4)

Sheet 19:

Standard construction details-Water (fire hydrant).

(5)

Sheet 21:

Standard construction details-Water (water pipe details).

*Exhibit “A” is hereby adopted by reference for the city and made part hereof for all purposes, the same as if fully copied herein.

(Ordinance 3127, sec. 1, adopted 4/20/09)

§ 3-25 Flatwork requirements.

The following restrictions apply to all impervious surface, concrete, grading and other similar installations:

(1)

All flatwork and grading require a permit.

(2)

All new parking and drives shall be constructed with concrete to the city’s engineering design criteria. Where residential drives exceed 150 feet in length, an all-weather, dust-free surface is permitted starting 20 feet beyond the property line so that the drive approach plus 20 feet is concrete.

(3)

Nothing within this section allows the creation of a drainage hazard/issue, and all flatwork must be sloped/graded to drain.

(4)

No flatwork is allowed within one foot of any property line, except for required driveways.

(5)

Paving is limited to ten percent of total lot coverage and should be limited in application. Pools and decking, required driveways for the garage, and patios are exempt.

(6)

A residential property shall continue to maintain the majority of each of its yards in living landscape or an alternative allowed by the landscape ordinance.

(Ordinance 3875, sec. 1, adopted 7/16/18)

§ 3-26 through § 3–40. (Reserved)