The SMARTGrowth program has the following purposes and objectives:

(1)

Mitigate the ill effects of rapid and intense urbanization in the town;

(2)

Protect the open lands, natural landforms, agricultural landscapes and scenic vistas that create and define the town's unique community character and quality of life;

(3)

Protect the natural, scenic and ecological resources that are essential elements of the town's community character and which provide irreplaceable plant and wildlife habitat;

(4)

Ensure that development is respective of and appropriately integrated with the natural physical geography of the land in Flower Mound by requiring environmentally sensitive development techniques to eliminate "scrape and build" development;

(5)

Promote a vigorous, diversified and regionally competitive economy;

(6)

Foster a balanced tax base to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners;

(7)

Ensure that new development produces positive fiscal impacts to allow Flower Mound to maintain a tax structure conducive to both home ownership and economic development, while providing the highest level of service to residents and businesses;

(8)

Ensure that adequate facilities exist to provide both existing and future student populations with optimal learning opportunities as an essential element of a quality living environment and a family-friendly community;

(9)

Ensure that the character and quality of Flower Mound's built environment, relative to commercial development, contribute to desired community character objectives and foster a positive relationship between the taxable value of real property and the corresponding cost of municipal services;

(10)

Ensure that the character and quality of Flower Mound's built environment, relative to residential development, contribute to desired community character objectives and integrate with surrounding natural landscapes;

(11)

Provide adequate availability and access to park lands and recreational opportunities for residents of all ages to maintain and nurture a quality living environment and a family-friendly community;

(12)

Avoid conflicting interaction and/or relationships between new and existing development and a resulting diminution of property values;

(13)

Protect existing farmland and agricultural operations from conflict with new residential development;

(14)

Provide adequate public infrastructure, facilities and services to serve the demands created by new development without degrading or diminishing service levels to existing development;

(15)

Establish a development framework for Flower Mound that is respective [respectful] of private property rights, while encouraging them to be used responsibly for the benefit of the entire community;

(16)

Implement a long-term strategy of sustainable development that embodies the community's vision and values; achieves both community character and economic development objectives; and considers the social, environmental and fiscal impacts of land development; and

(17)

Preserve and enhance Flower Mound's distinctive community character and quality of life by ensuring that its natural and built environments are consistent with the community vision and values embodied in the Flower Mound Master Plan.

(Ord. No. 41-02, § 3.01.1(a), 7-15-2002)

This section is intended to provide definitions for certain general and technical terms used in the SMARTGrowth program and also to establish the required methods for calculating capacity and demand for those SMARTGrowth criteria that require such calculations. In this regard, the following words shall have the meanings ascribed to them below, unless the context in which they are used clearly indicates otherwise.

(a)

Definitions.

Agricultural resource management easement means an easement granted to the benefit of adjacent property owners and recorded on the face of a record plat and/or recorded in conjunction with a building permit for the purpose of acknowledging the existence of agricultural operations and uses on adjacent lands and waiving common law rights to object to necessary and customary agricultural management activities legally conducted in association with such agricultural operations and uses.

Arterial means a thoroughfare as defined and identified on the town's adopted Thoroughfare master plan.

Background traffic volumes means, for the study year, the set of daily and peak-hour traffic volumes projected to exist in the study area (including projected traffic volumes from the lot inventory in the study area) prior to the addition of project traffic.

Best management practices (BMPs) means the methods that have been determined to be the most effective, practical means of preventing or reducing the impact on the environment from a development project or activity.

Civic uses means land and/or facilities owned and operated by the town, including public-works projects.

Collector means a thoroughfare as defined and identified on the town's adopted thoroughfare master plan.

Conservation development means a residential development project in which dwelling units are clustered on smaller lots than would otherwise be allowed within tracts of land zoned A, agricultural district and/or SF-E, single-family estate district, for the purpose of preserving open or natural lands as an integral component of the development. The net density of development on tracts of land zoned A, agricultural district, shall remain one unit per two acres and the net density of development on tracts of land zoned SF-E, single-family estate district, shall remain one unit per acre. Conserved lands shall be placed in a conservation easement.

Conservation easement means a voluntary and permanent deed restriction which limits the development and/or subdivision of property for the purpose of protecting conservation values in the land. The easement is a recorded restriction, applies to all subsequent owners and may be held by either (1) a nonprofit entity or organization that manages open space, such as a land trust or other qualified entity, pursuant to section 170(h) of the Internal Revenue Code of 1986, as amended, or (2) a governmental entity.

Contributed capacity from elevated water storage means the rate of flow required to drain 75 percent of available elevated water storage in an eight-hour period, with the remaining 25 percent of storage capacity being reserved for fire protection.

Design storm means a storm equivalent to a five-year recurrence interval and a one-hour-duration rain event.

Development application or project means any application or project for the development of land that requires the submission of a master plan amendment, zoning amendment, development plan, record plat, replat and/or nonresidential site plan except for a minor plat, amended plat, replat that does not increase density, or an institutional or civic use.

Developed floodplain means any area defined as a floodplain within the FEMA 100-year floodplain and which has been channelized or the land within these areas has been graded, filled, or otherwise disturbed.

Ecological integrity. An ecosystem exhibits integrity if, when subjected to disturbances (natural or artificial), it sustains and organizes a self-correcting ability to recover to a normal vegetative growth for that system.

Environmentally sensitive area ("ESA") means designated areas that include one of the following classifications: upland habitat, riparian habitat, waters of the state, prairie habitat, developed and undeveloped floodplain.

Existing lot means a lot for which a building permit has been issued, regardless of whether the structure or structures on the lot are occupied.

Habitat biodiversity refers to the variety and variability among living organisms and the ecological complexes in which they occur. Diversity can be defined as the number of different items and their relative frequencies.

HCM means the latest edition of the Highway Capacity Manual (HCM) published by the Transportation Research Board.

Institutional uses means land and/or facilities owned and operated by the federal government, state government, county government, and/or a political subdivision of the state, including public works projects, or land and/or facilities utilized for religious uses.

Intersection means the juncture of two or more thoroughfares.

Land use planning districts means the four land use planning districts identified on the town's adopted land use plan map, which include the Lakeside business district, the Long Prairie district, the Cross Timbers conservation development district and the Denton Creek district.

Level of service (LOS) means the measure of the quality of transportation facilities and expressed as a grade of A, B, C, D, E or F, with the grade being determined by the techniques described in the latest edition of the Highway Capacity Manual (HCM) published by the Transportation Research Board.

Link means the portion of a thoroughfare between two intersections.

Lot inventory means all residential lots, which exist by virtue of a development plan, approved by the town and for which a building permit has not been issued.

Prairie habitat means areas designated as containing onsite predominant distributions of climax or mid-successional native grass species underlain by intact (noneroded) prairie and savannah soil types.

Priority 1 calls. As defined in the databases maintained by the town's police, fire and emergency medical services.

Priority 2 calls. As defined in the databases maintained by the town's police and fire departments.

Priority 3 calls. As defined in the databases maintained by the town's police and fire departments.

Programmed capacity improvements means capital infrastructure capacity improvements programmed for commencement of construction within the then current or the next fiscal year of the town's adopted five-year capital improvement program.

Project traffic. For the determination of adequate transportation infrastructure, project traffic is the projected traffic volumes from the proposed development based on trip rates identified in the Trip Generation Manual and is distributed and assigned to the study area based on projected conditions for the build-out year.

Proposed development means any application or project for the development of land that requires the submission of a master plan amendment, zoning amendment, development plan, record plat and/or nonresidential site plan except for a minor plat, amended plat, replat that does not increase density, or an institutional or civic use.

Response times means the time that elapses between the time a call for police, fire or emergency service is received and the time the responding unit arrives at the scene or the location from which the call originated.

Riparian habitat means areas designated within the FEMA 100-year floodplain or interconnected and adjacent to wetland, tree and understory vegetation and including significant stands of predominantly native water-related habitat. These areas include wetlands.

SMARTGrowth criteria means constitutive development criteria to evaluate the community-wide impacts of proposed development applications and projects for the purpose of ensuring that development occurs in a manner that contributes to the attainment of community character and quality of life objectives.

Study year. For the determination of adequate transportation infrastructure, the study year is the initial calendar year in which project traffic is expected to occur.

TNRCC means the Texas Natural Resources Conservation Commission.

Topographical slopes means the vertical elevation change in a landform divided by the horizontal distance covered within the slope. (Note: the percentage of slope should not be confused with the angle of the slope related to the horizontal plane.)

Traffic capacity means the maximum number of vehicles that a given transportation facility is designed to serve at an established level of service (LOS).

Tree complex means the assemblage of physical environmental factors defining the vegetative conditions and species composition over a uniform area of land type.

Trip Generation Manual means the latest edition of the Trip Generation Manual published by the Institute of Transportation Engineers.

Undeveloped floodplain means areas within the FEMA 100-year floodplain, or other floodplain, that is undeveloped and in its natural state.

Upland habitat means areas, a minimum of ten acres in size, equal to or exceeding 50 trees per acre, which contain a predominant matrix of tree species identified in the town's protected tree list. Any tree species that makes up over 30 percent of the population within a complex is considered to be the predominant species.

Waters of the state means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or costal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

Water quality standards means state-adopted and EPA-approved ambient standards for water bodies. The standards prescribe the use of the water body and establish the water quality criteria that must be met to protect designated uses.

Wetlands means jurisdictional wetlands as defined by the federal Clean Water Act and the standards and guidelines in use by the United States Army Corps of Engineers, including the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

Wildlife corridors means linear protected areas that serve as biological connecting corridors between larger wildlife habitat areas, which allows native wildlife to move uninterrupted from one area to another.

Wildlife habitat means the places where a population of wild animal species lives and the constitutive environmental surroundings, both living and non-living.

(b)

Methodologies.

Water supply. Total available supply shall be the sum of contracted and available treated water supply from Dallas Water Utilities (DWU), contracted and available treated water supply from the Upper Trinity Regional Water District (UTRWD), and any treated water supply projected to be available from programmed capacity improvements. Net available supply shall be equal to total available supply less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand shall be the sum of projected maximum day demand (MDD) for all existing lots, and approved but not constructed development, plus the projected MDD for the proposed development. For proposed development to be approved, total projected demand must not exceed net available supply.

Water pumping capacity. Total available pumping capacity shall be determined on the basis of individual pressure planes and shall be the sum of the rated name plate pumping capacity of each pump station (in MGD) with the largest pump out of service at each station, any pumping capacity projected to be available from programmed capacity improvements, and contributed capacity from elevated storage. Net available pumping capacity shall be equal to total available pumping capacity less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand shall be the sum of projected peak-hour demand (in MGD) for all existing and approved but not constructed development, plus the projected peak-hour demand for the proposed development. For proposed development to be approved, total projected demand must not exceed net available pumping capacity.

Wastewater treatment capacity. Total available treatment capacity for the town's wastewater treatment plant shall be the sum of the TNRCC permitted discharge flow (in MGD) from the treatment plant and any treatment capacity projected to be available from programmed capacity improvements. Net available treatment capacity shall be equal to total available treatment capacity less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand for areas served by the town's wastewater treatment plant shall be the sum of projected wastewater flows for all existing lots and approved but not constructed development, plus the projected wastewater flows for the proposed development. For proposed development to be approved, total projected demand must not exceed net available treatment capacity.

Total available treatment capacity for the Denton Creek and Prairie Vista districts, as defined in the adopted land use plan, shall be the sum of contracted and available treatment capacity from the Trinity River Authority's Denton Creek regional wastewater system and any treatment capacity projected to be available from programmed capacity improvements. Net available treatment capacity for the Denton Creek and Prairie Vista districts shall be equal to total treatment capacity less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand for areas within the Denton Creek and Prairie Vista districts shall be the sum of projected wastewater flows for all existing lots and uses within the district and approved but not constructed development within the district, plus the projected wastewater flows for the proposed development. For proposed development to be approved, total projected demand must not exceed net available treatment capacity.

Wastewater lift station pumping capacity. Total available lift station pumping capacity shall be the sum of the rated name plate pumping capacity of each lift station serving the proposed development with the largest pump out of service and any pumping capacity projected to be available from programmed capacity improvements. Net available lift station pumping capacity shall be equal to total available lift station pumping capacity less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand shall be determined on the basis of a five-year design storm for peak-hour wet-weather wastewater flows and shall be the sum of projected wastewater flows for all existing lots served by each lift station serving the proposed development, and approved but not constructed development that will be served by each lift station serving the proposed development, plus the projected wastewater flows for the proposed development. For proposed development to be approved, total projected demand must not exceed net available lift station pumping capacity.

Wastewater interceptor capacity. Total available wastewater interceptor capacity shall be the sum of the maximum capacity of each major interceptor serving the proposed development (as such capacity is defined in the town's adopted wastewater master plan for each interceptor segment) and any interceptor capacity projected to be available from programmed capacity improvements. Net available wastewater interceptor capacity shall be equal to total available wastewater interceptor capacity less five percent to be reserved for economic development, institutional or civic uses.

Total projected demand shall be determined on the basis of a five-year design storm for peak-hour wet-weather wastewater flow and shall be the sum of projected wastewater flows for all existing lots and approved but not constructed development that will be served by each major interceptor serving the proposed development, plus the projected wastewater flows for the proposed development. For proposed development to be approved, total projected demand must not exceed net available wastewater interceptor capacity.

Transportation—Town arterial and collector links. Total available traffic capacity on any town arterial or collector link shall be determined by use of the Transcad computer model. Impacted links for a development project will be determined by use of such computer model, with trip generation data based on applicable data contained in the ITE Trip Generation Manual. The model will determine the distribution/assignment of traffic related to each such development project. An impacted link will be any such link for which the projected trip generation from the proposed project exceeds five percent of the link's peak-hour capacity at LOS "C."

Total projected demand shall be the sum of existing background traffic volumes, projected traffic volumes from all existing lots and approved but not constructed development, and projected traffic volumes from the proposed development. For proposed development to be approved, trip generation from the proposed development must not reduce the level of service on any town arterial or collector link below LOS "C" during peak-hour demand.

Transportation—Town arterial and collector intersections. Total available traffic capacity on any town arterial or collector intersection shall be determined by use of the Transcad computer model. Impacted intersections for a development project will be determined by use of such computer model, with trip generation data based on applicable data contained in the ITE Trip Generation Manual. The model will determine the distribution/assignment of traffic related to each such development project. An impacted intersection will be (i) any such intersection for which the projected trip generation from the proposed project exceeds five percent then-available of the intersection's peak-hour capacity at LOS "C" and/or (ii) any intersection on either end of an impacted link.

Total projected demand shall be the sum of existing background traffic volumes, projected traffic volumes from all existing lots and approved but not constructed development, and projected traffic volumes from the proposed development. For proposed development to be approved, trip generation from the proposed development must not reduce the level of service on any town arterial or collector intersection below LOS "C" during peak-hour demand.

Park land. Total available community and neighborhood park land shall be the sum of all such park land owned by the town at the time of development application and any such park land programmed for acquisition during the then current or the next fiscal year of the town's capital improvement program.

Total projected demand for community and neighborhood park land shall be the sum of projected existing population at the time of development application, projected population for 100 percent of the lot inventory, and projected population for the proposed development (with all population projections using the North Central Texas Council of Government's population multiplier for Flower Mound). For development to be approved, the total available community and neighborhood park land relative to projected demand for same expressed in acres per 1,000 population must be equal to or greater than the standards established in the Park Land SMARTGrowth criterion.

Miscellaneous.

• All costs incurred by the town to perform a transportation analysis to evaluate a proposed development in relation to its compliance with the transportation SMARTGrowth criteria will be paid by the development applicant. Said applicant shall deposit the estimated cost to perform such analyses with the town prior to said analyses being performed. If the actual cost of any analysis is more than the estimated cost for same, the applicant shall pay the additional sum to the town prior to the analysis being considered complete. Should the actual cost of an analysis be less than the anticipated cost for same, the town will reimburse the applicant the difference between the estimated and actual cost of the analysis.

• All costs incurred by the town to perform a water capacity analysis and/or wastewater capacity analysis, to update the master planning models, and to evaluate a proposed development in relation to its compliance with the SMARTGrowth criteria will be paid by the development applicant. Said applicant shall deposit the cost to perform such analyses with the town prior to said analyses being performed.

• Any analytical techniques, procedures or methodologies necessary to calculate capacity and demand for the SMARTGrowth criteria that require such calculations and not specifically defined or described herein will be performed in accordance with one or more of the following, as applicable:

—The analytical techniques, procedures or methodologies utilized in the town's adopted land use plan, water master plan, wastewater master plan, or thoroughfare master plan, as applicable.

—The analytical techniques, procedures or methodologies established in the town's land development code for the performance of a traffic impact analysis.

—TNRCC design criteria and standards.

—SMARTGrowth Implementation Manual.

—If none of the above is applicable, in accordance with generally accepted engineering practices as determined by the town engineer.

(Ord. No. 41-02, § 3.01.1(b), 7-15-2002; Ord. No. 11-10 §§ 3, 4, 2-15-2010)

From and after the effective date of this section, the town council adopts the amendments to the SMARTGrowth Implementation Manual to assist with the implementation of the SMARTGrowth program.

(Ord. No. 54-02, § 2, 8-29-2002; Ord. No. 31-03, § 2, 6-2-2003; Ord. No. 11-10 § 5, 2-15-2010; Ord. No. 31-14, §§ 4—6, 6-16-2014; Ord. No. 29-20, § 1, 9-21-2020)

An advisory board known as the "SMARTGrowth commission" is hereby created.

(1)

The membership of the commission shall consist of the following:

a.

The seven regular members of the town's planning and zoning commission, who shall serve on the SMARTGrowth commission during their term of office on the planning and zoning commission.

b.

The two alternate members of the town's planning and zoning commission, who shall serve on the SMARTGrowth commission during their term of office on the planning and zoning commission.

(2)

The chairperson and vice-chairperson of the planning and zoning commission shall serve as the chairperson and vice-chairperson, respectively, of the SMARTGrowth commission.

(3)

A majority of the commission shall constitute a quorum to do business and the affirmative vote of the majority of those attending shall be necessary to pass any motion.

(4)

The commission shall establish rules and procedures to govern its operation. In the event a question over procedures arises, Robert's Rules of Order shall prevail.

(5)

The chairperson shall preside over meetings and shall have a vote in all matters before the commission. In the absence of the chairperson, the vice-chairperson shall assume the duties of the chairperson.

(6)

The town manager or their designee shall assign a staff member to serve as liaison to the commission, which staff member shall be responsible for the recording of minutes of all commission meetings.

(Ord. No. 41-02, § 3.01.1(c)1., 7-15-2002; Ord. No. 46-25, § 1, 11-3-2025)

The SMARTGrowth commission shall have the following powers and duties:

(a)

To conduct a review of the effectiveness of the SMARTGrowth program in achieving its stated objectives.

(b)

To determine whether compliance with the SMARTGrowth criteria has been maintained by all development applications and projects previously approved.

(c)

To determine whether compliance with the SMARTGrowth criteria is likely to be maintained in the future, based on short-range (one to two years) and mid-range (three to five years) forecasts.

(d)

To review within a three-year time period whether each SMARTGrowth criterion is appropriate for its stated purpose.

(e)

To determine within a three-year time period whether any new SMARTGrowth criteria should be considered for adoption.

(f)

To determine within a three-year time period whether any SMARTGrowth criteria should be deleted or amended in relation to the SMARTGrowth analysis.

(g)

To conduct public hearings and meetings as necessary to obtain the requisite public comment and input to perform the powers and duties described herein.

(h)

To perform all other powers and duties as may be conferred by the town council.

(Ord. No. 41-02, § 3.01.1(c)2., 7-15-2002; Ord. No. 46-25, § 2, 11-3-2025)

The SMARTGrowth analysis required by this division shall apply to and occur in conjunction with all applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and/or site plans, where applicable.

(Ord. No. 41-02, § 3.01.1(d)1., 7-15-2002; Ord. No. 46-25, § 3, 11-3-2025)

Editor's note— Ord. No. 46-25, § 3, adopted November 3, 2025, amended the title of § 98-71 to read as herein set out. The former § 98-71 title pertained to effective date and process.

(a)

The SMARTGrowth analysis referenced herein shall not be applicable to (i) minor plats, amended plats, and replats that do not increase residential density or involve four or fewer lots; or (ii) for institutional or civic uses.

(b)

Rough proportionality. In the event that a situation arises that places SMARTGrowth in conflict with state or federal law, the town may recognize that the development exactions (land dedication, payment of fees other than impact fees, and construction of facilities and infrastructure) required to satisfy the town's SMARTGrowth program assuring the provision of adequate public facilities may in certain circumstances be limited by the restrictions of rough proportionality as announced by the Texas Supreme Court, the United States Supreme Court and adopted, in part at least, by the Texas Legislature in V.T.C.A., Local Government Code, § 212.904 and allow for SMARTGrowth approval in those particular circumstances.

(Ord. No. 41-02, § 3.01.1(d)2., 7-15-2002; Ord. No. 11-10 § 6, 2-15-2010; Ord. No. 46-25, § 3, 11-3-2025)

SMARTGrowth criteria effectuate the community vision and values embodied in the Flower Mound Master Plan by translating them into constitutive development criteria to evaluate the community-wide impacts of development applications and projects for the purpose of ensuring that development occurs in a manner that contributes to the accomplishment of community character and quality of life objectives. There are three general types of SMARTGrowth criteria used in the SMARTGrowth program:

(a)

Performance-based criteria relative to the adequacy of public service levels.

(b)

Per unit of population criteria relative to the adequacy of public facilities.

(c)

Values-based, qualitative criteria relative to community character and quality of life objectives.

The SMARTGrowth criteria have also been grouped into six general categories, as follows: adequate public infrastructure, adequate public facilities, adequate public services, economic development, environmental quality, and community character.

(Ord. No. 41-02, § 3.01.1(d)3., 7-15-2002)

(a)

In applying the SMARTGrowth criteria to a specific development application or project, a "pass-fail" evaluation will be utilized to determine compliance with applicable criteria. In other words, for a development application or project to attain compliance with the SMARTGrowth program (ensuring that it contributes to community character and quality of life objectives), it must be evaluated as "passing" or complying with each applicable SMARTGrowth criterion. Otherwise, it will "fail" and be denied until such time as compliance is or can be attained.

(b)

For analysis of large multi-phase projects over 100 acres in area, the evaluation will include a development agreement that captures the timing of the infrastructure construction and phasing. With this information, up-front modeling and planning for build-out of the entire development can be included in the water and wastewater models, with a check for adequacy of the existing infrastructure. If there exists an inadequacy of the existing infrastructure, the phasing and timing of construction of the additional infrastructure required will be addressed in the development agreement. Modeling updates for the current and next two years of development in accordance with the phasing plan provided by the developer will be included with the initial application. Each subsequent site plan or final plat will include model updates.

(c)

With 2009 updates to the water master plan and wastewater master plan, and associated town-wide models, a hybrid approach to include model updates will be implemented. This effort will provide a link between SMARTGrowth results and our capital improvement projects planning and may provide a transition to a more streamlined evaluation approach.

(d)

Passing of SMARTGrowth is a minimum requirement for the applications listed in section 98-71 to be considered by the town. Passing of SMARTGrowth does not grant entitlements to a requested application nor does it constitute approval of the application. Any application requiring SMARTGrowth criterion must first receive an administrative passing evaluation before proceeding to any required boards, commissions, or the town council for consideration as required by this Code. An administrative passing determination by town staff does not preempt or replace the decision-making authority of the reviewing boards, commissions or town council, nor does it imply any commitment to approve the application.

(Ord. No. 41-02, § 3.01.1(d)4., 7-15-2002; Ord. No. 11-10 § 7, 2-15-2010; Ord. No. 56-13, § 2, 11-4-2013; Ord. No. 46-25, § 3, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town has exceeded or is projected to exceed 95 percent of its treated water supply, based upon its then-available treated water supply plus any additional supply programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvement program, with the remaining five percent of supply being reserved for future economic development, institutional or civic uses. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax-burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 11-10, § 8, 2-15-2010; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town has exceeded or is projected to exceed 95 percent of its rated water-pumping capacity in any pressure plane during peak-hour demand with the largest pump at each pump station out of service, based upon the then-available rated pumping capacity and contributed capacity from then-available elevated storage and any additional pumping capacity or contributed elevated storage capacity programmed for commencement of construction within the then-current or the next fiscal year of the town's capital improvement program, with the remaining five percent of rated pumping capacity being reserved for future economic development, institutional or civic uses. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 11-10, § 8, 2-15-2010; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town has exceeded or is projected to exceed 95 percent of its wastewater treatment capacity, based upon its then-available treatment capacity and any additional treatment capacity programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvement program, with the remaining five percent of wastewater treatment capacity being reserved for future economic development, institutional or civic uses. This criterion is not applicable if a proposed development's wastewater flows will not be treated by the town's wastewater treatment plant or the Trinity River authority's Denton Creek regional wastewater system. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 11-10, § 8, 2-15-2010; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town has exceeded or is projected to exceed 95 percent of the rated pumping capacity of any lift station serving the development during the maximum wet weather flow event with the largest pump at each lift station out of service and without considering wastewater interceptor capacity, based upon the then-available rated pumping capacity of each lift station and any additional pumping capacity programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvement program, with the remaining five percent of rated pumping capacity of each lift station being reserved for future economic development, institutional or civic uses. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town has exceeded or is projected to exceed 95 percent of the maximum capacity at any location or point on any major wastewater interceptor serving the development and identified in the town's wastewater master plan during the maximum wet weather flow event, without surcharging any manhole, based upon the then-available maximum capacity of each major interceptor and any additional interceptor capacity programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvement program, with the remaining five percent then-available of wastewater interceptor capacity being reserved for future economic development, institutional or civic uses. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the level of service (LOS) on any town arterial or collector link located within the same transportation service area as the proposed development, or within any contiguous transportation service area, is then currently or is projected to be worse than LOS "C" during peak-hour demand, based upon the then available traffic capacity of each such link and any capacity improvements programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvements program. Economic development, institutional, civic uses, and residential replats containing four or fewer lots are to be exempt from this criterion. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 22-03, § 2, 5-6-2003; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose No development application or project shall be approved if the level of service (LOS) on any town arterial or collector intersection located within the same transportation service area as the proposed development, or within any contiguous transportation service area, is then currently or is projected to be worse than LOS "C" during peak-hour demand, based upon the then available traffic capacity of each such intersection and any capacity improvements programmed for commencement of construction within the then current or the next fiscal year of the town's capital improvements program. Economic development, institutional, civic uses, and residential replats containing four or fewer lots are to be exempt from this criterion. The purpose of this criterion is to provide adequate public infrastructure to serve the demands created by new development without degrading or diminishing service levels to existing development, while also fostering a balanced tax base through economic development to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with capacity being reserved at record plat approval. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans, with capacity being reserved at site plan approval.

(Ord. No. 41-02, § 3.01.1(d)5.a., 7-15-2002; Ord. No. 22-03, § 2, 5-6-2003; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the combined amount of community and neighborhood park land available town-wide is less than ten and one-half acres per 1,000 population, based upon the then-available community and neighborhood park land (including any privately owned, publicly accessible land that was approved by the town council to meet parkland dedication requirements), and any such park land programmed for acquisition during the then current or the next fiscal year of the town's capital improvement program. The purpose of this criterion is to provide adequate availability and access to park lands and recreational opportunities for residents of all ages and to maintain and nurture a quality living environment and a family-friendly community.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats, with available park land being reserved at record plat approval. This criterion is not applicable to nonresidential projects.

(Ord. No. 41-02, § 3.01.1(d)5.b., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose No development application or project shall be approved that proposes to eliminate existing access to public trailheads or other public recreational areas on public lands. The access provided may be restricted to pedestrian, bicycle and/or equestrian uses. The purpose of this criterion is to provide adequate availability and access to park lands and recreational opportunities for residents of all ages to maintain and nurture a quality living environment and a family-friendly community.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.b., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Purpose. For any residential development application or project, the town shall notify in writing and request confirmation of such notification from the applicable public school district that such residential development application or project has been filed with the town. The town will assist the public school district, if requested, in addressing any program capacity issues relative to any town infrastructure serving any and all public elementary, middle and high schools that will receive student population as a result of the proposed development. The purpose of this criterion is to ensure that adequate town facilities and infrastructure exist to provide both existing and future student populations with optimal learning opportunities as an essential element of a quality living environment and a family-friendly community.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. This criterion is not applicable to nonresidential projects.

(Ord. No. 41-02, § 3.01.1(d)5.b., 7-15-2002; Ord. No. 68-12, § 2, 12-17-2012; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town council determines that the department is not maintaining quality police services at a level consistent with town growth, change, and expectations. This analysis will be made by the SMARTGrowth commission on a yearly basis after reviewing the annual report of the police department as outlined in the SMARTGrowth Implementation Manual. The determination may consider any projected improvements to said services due to personnel and/or equipment additions programmed for acquisition within the town's annual operating budget for the then current fiscal year. The purpose of this criterion is to protect the public health, safety and welfare by ensuring the provision of adequate police services to serve the demands created by new development without degrading or diminishing service levels to existing development.

(b)

Application. For residential projects, applicable to applications for development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for subdivision site plans and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.c., 7-15-2002; Ord. No. 31-14, § 1, 6-16-2014; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved if the town council determines that the department is not maintaining quality fire and emergency services at a level consistent with town growth, change, and expectations. This analysis will be made by the SMARTGrowth commission on a yearly basis after reviewing the annual report of the fire department as outlined in the SMARTGrowth Implementation Manual. The determination may consider any projected improvements to said services due to personnel and/or equipment additions programmed for acquisition within the town's annual operating budget for the then current fiscal year. The purpose of this criterion is to protect the public health, safety and welfare by ensuring the provision of adequate fire and emergency services to serve the demands created by new development without degrading or diminishing service levels to existing development.

(b)

Application. For residential projects, applicable to applications for development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for subdivision site plans and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.c., 7-15-2002; Ord. No. 31-14, § 2, 6-16-2014; Ord. No. 46-25, § 4, 11-3-2025)

Editor's note— Ord. No. 31-14, § 3, adopted June 16, 2014, repealed § 98-132 which pertained to emergency medical services and derived from Ord. No. 41-02, § 3.01.1(d)5.c., adopted July 15, 2002.

(a)

Eligibility; purpose. New private capital investment (exclusive of land values) may be considered for economic development incentives by the town council, pursuant to the town's economic development incentives policy. The purpose of this criterion is to assist in meeting the goals set forth in the town's economic development and marketing plan while promoting a vigorous, diversified, and regionally competitive economy, and a balanced tax base to ensure Flower Mound's long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners. Economic development incentives may be offered in accordance with the town's economic development incentives policy.

(b)

Application. For nonresidential projects, depending upon the nature of the project, incentives may be approved at any appropriate step in the development process, as determined by the town council, in its sole discretion.

(Ord. No. 41-02, § 3.01.1(d)5.d., 7-15-2002; Ord. No. 52-07, § 3, 7-16-2007; Ord. No. 29-20, § 2, 9-21-2020)

(a)

Restrictions; purpose. No development application or project with a project area greater than one and one-half acres shall be approved if the projected velocity exceeds predevelopment conditions or runoff exceeds the runoff that would occur for single-family residential development, with any additional runoff projected to be generated by development being retained on site and absorbed, evaporated and/or released from the development at a rate not exceeding single-family residential conditions. Erosion-control and pollution-prevention plans shall be adequate to prevent erosional and depositional features such as gullies and accumulations of silt attributable to site development, with such adequacy being determined by the town. The proposed development site design shall include "best management practices," as defined in the town's engineering standards manual. "Best management practices" may include, but are not limited to, the following types of structural and nonstructural practices: wet ponds, dry extended detention ponds, infiltration basins and trenches, porous pavement, bio-retention, organic filters, buffer zones, open space design, urban forestry, conservation easements, stormwater wetlands, grassed swales and filter strips, green parking, alternative turnarounds and water quality inlets. "Best management practices" will be included in a watershed-protection plan and said watershed-protection plan shall evaluate and minimize potential drainage impacts that could negatively affect, destroy or otherwise compromise on- and off-site surface and subsurface water quality, sensitive environmental features (such as riparian vegetation, trees, soils or grassland and prairie vegetation) and wildlife habitats (including terrestrial and aquatic). The watershed-protection plan shall be prepared by a qualified individual or firm designated by the town and must be approved by the town prior to any site development by an applicant. The purpose of this criterion is to mitigate the ill effects of increases in velocity, volume, and pollution of surface runoff on downstream property owners and to protect the overall water quality of the town as a result of rapid and intense urbanization.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 105-07, § 3, 12-17-2007; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved without appropriate professional certification as to the existence of any jurisdictional wetlands and/or waters of the United States, as such jurisdictional areas are defined at the time of development application by the United States Army Corps of Engineers. If such wetlands and/or waters are determined to exist, assurance or proof of compliance acceptable to the town must be provided relative to all federal regulations pertaining to the protection and mitigation of such jurisdictional areas. Field investigation and certification shall be prepared by town personnel or a qualified individual or firm designated by the town and said certification must be approved by the town prior to any site development by an applicant. The town reserves the right to require the protection and preservation of any or all jurisdictional areas determined to exist and to deny proposed mitigation measures. The purpose of this criterion is to protect the natural, scenic and ecological resources that are essential elements of Flower Mound's community character and which provide irreplaceable plant and wildlife habitat.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved that proposes development on any existing topographical slopes of 12 percent or greater, or that proposes to alter any existing topographical slopes that are less than 12 percent but equal to or greater than five percent then available (other than within five feet of the footprint of the proposed structure or structures). The purpose of this criterion is to ensure that development is respectful of and appropriately integrated with the natural physical geography of the land in Flower Mound by requiring environmentally sensitive development techniques to eliminate "scrape and build."

(b)

Exception. An exception to this requirement may be approved by the town council by the affirmative vote of at least three-fourths super majority vote of all members of the town council, for any development that keeps the character of the natural topography, and integrates the development into and maintains the overall integrity of the natural topography. Requests for an exception shall be accompanied by the following submissions:

(1)

Detailed drawings that illustrate the impact of the proposed development on the natural topography and the manner by which the development is integrated into, reflects and maintains the overall integrity of the natural topography.

(2)

The identification of those specific best management practices (BMPs) that will be used to maintain and responsibly integrate the development into the natural topography together with an explanation regarding their use within the plans for such development. The BMPs to be used shall include, but are not limited to, those BMPs found within the town's engineering design and construction standards.

(3)

While recognized as a potential BMP, the use of retaining walls should be kept to a minimum. Any retaining wall four-foot or greater in height shall be designed by a professional engineer licensed by the State of Texas. Retaining walls exceeding eight feet in height are discouraged.

In considering an exception to this criterion, the town shall, in addition to the foregoing, consider the effects of granting an exception on other environmental features such as trees, habitats, floodplains, scenic vistas, ridgelines, and other environmental features as well as adjacency to established developments and neighborhoods.

(c)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 11-10, § 9, 2-15-2010; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved that proposes to eliminate, or to alter or discontinue recharge flows to, existing impoundments of water with a surface area capacity of one-half acre or more (regardless of whether such impoundments are naturally occurring or constructed), unless an exception is granted by town council. All such impoundments shall be integrated into the proposed development and addressed in the development's environmental protection plan, if applicable, which shall at a minimum include such enhancements and restoration as are necessary to provide or maintain reasonable wildlife habitat, to improve the aesthetic quality in areas of shoreline transition and to stabilize shoreline areas subject to erosion. The purpose of this criterion is to protect the natural, scenic, and ecological resources that are essential elements of Flower Mound's community character and that provide irreplaceable plant and wildlife habitat.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 29-20, § 3, 9-21-2020; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved until an "environmental survey" ("the survey") has been prepared by the town or a town-approved environmental consultant. The survey shall identify and visually represent all potential environmentally sensitive areas ("ESAs"), which includes upland habitat, riparian habitat, waters of the state, prairie habitat, and developed and undeveloped floodplain. If an ESA is found on the proposed development site, the developer must submit to the town a professionally prepared environmental protection plan ("the plan"). The plan shall be prepared by a qualified individual or firm designated or retained by the town. The purpose of this criterion is to identify important natural, scenic and ecological resources that are essential elements of Flower Mound's community character and which provide irreplaceable plant and wildlife habitat.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved without the submission of an environmental protection plan ("the plan") prepared by a qualified individual or firm designated or retained by the town if an environmental survey identified any environmentally sensitive area (ESA) within the proposed development site. The plan shall identify principle flora and fauna species present, indicate and evaluate the overall ecological integrity/health of the site, and designate and map existing environmental and wildlife habitat elements. The plan shall also demonstrate best management practices to minimize land disturbance and the modification of natural land forms to protect, conserve and/or restore any designated ESA; demonstrate proposed measures to maintain contiguity of tree stands and other wildlife habitat areas or corridors; demonstrate proposed measures to inform and educate future residents or occupants of the development site about the plan. The town shall evaluate and approve or disapprove the plan on the following criteria; sound environmental science, water quality protection, specific site conditions, cost effectiveness, impact upon the site's development potential, environmental and public health objectives and economic development objectives. The purpose of this criterion is to protect the natural, scenic and ecological resources that are essential elements of Flower Mound's community character and which provide irreplaceable plant and wildlife habitat.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

Editor's note— Ord. No. 29-20, § 4, adopted Sept. 21, 2020, repealed former § 98-151 which pertained to waiver of environmental quality criteria, and derived from Ord. No. 52-07, § 4, adopted July 16, 2007.

(a)

Restrictions; purpose No development application or project shall be approved for nonresidential uses unless the proposed buildings are individually designed and planned to create structures that comply with the town's adopted architectural guidelines or standards, as they exist on the date of development application. The purpose of this criterion is twofold: (1) to ensure that the character and quality of retail, commercial, and industrial development contributes to desired community character objectives and (2) to preclude the design and construction of buildings for which the tenants and/or uses are readily recognizable solely by the buildings' architectural elevations, colors, materials, other architectural elements and/or the arrangement thereof.

(b)

Application. This criterion is not applicable to residential projects or any institutional or civic projects. For nonresidential projects, applicable to applications for site plans.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002)

(a)

Restrictions; purpose. No development application or project shall be approved unless all on-site utility-distribution facilities are designed to be placed underground, including the landwire distribution facilities of electrical, cable, telephone and telecommunications providers. The purpose of this criterion is to ensure that the character and quality of Flower Mound's built environment contribute to desired community character objectives and to maintain or enhance property values.

(b)

Application. For residential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for zoning amendments, subdivision site plans, record plats and site plans. In addition, the provisions outlined in section 82-375 shall apply.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No residential application or project shall be approved that increases residential density beyond the density allowed in the master plan. The purpose of this criterion is to ensure that adequate public infrastructure, facilities and services to serve the demands created by new development without degrading or diminishing service levels to existing development.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. This criterion is not applicable to nonresidential projects or residential projects that do not increase residential density or involve four or fewer lots.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved unless it complies with the urban design plan, a component of the master plan. The purpose of this criterion is to provide for design direction for landscaping elements within and visible from public rights of way as well as architectural standards for nonresidential buildings.

(b)

Application. For nonresidential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, record plats and site plans. This criterion is not applicable to residential projects.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved unless it complies with applicable area plans, component plans of the master plan. The purpose of this criterion is to preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community; mitigate the ill effects of rapid and intense urbanization; create a balanced tax base to ensure the town's long-term economic health and prosperity; and ensure all development is of enduring and exemplary quality.

(b)

Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for master plan amendments, zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

Editor's note— Ord. No. 46-25, § 4, adopted November 3, 2025, amended the title of § 98-164 to read as herein set out. The former § 98-164 title pertained to area and specific plans.

(a)

Restrictions; purpose. No residential development application or project that proposes development adjacent to existing agricultural operations or uses shall be approved without the recordation of an agricultural resource management easement acknowledging the existence of such agricultural operations or uses, waiving all common law rights to object to necessary and customary agricultural management activities associated with such agricultural operations or uses legally conducted on adjacent lands, and granting an easement to adjacent property owners to continue such agricultural operations or uses. Said easement shall be recorded on the face of the record plat of the development, and no building permit for a residence on any lot in the development shall be issued until a substantially identical easement has been lawfully recorded by the property owner. The purpose of this criterion is to protect existing agricultural operations and uses (which create and define Flower Mound's unique community character and quality of life) from future conflict with new residential development.

(b)

Application. For residential projects, applicable to applications for development plans, subdivision site plans, and record plats. This criterion is not applicable to nonresidential projects.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved unless the proposed development shall occur in patterns that minimize the visual impacts of the development in relation to scenic roads, country roads and scenic corridors as designated in the master plan or any component plan thereof. The purpose of this criterion is to protect the open lands, natural landforms, agricultural landscapes and scenic vistas that create and define Flower Mound's unique community character and quality of life.

(b)

Application. For residential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, and record plats. For nonresidential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, record plats and site plans.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

(a)

No development application or project shall be approved for a conservation development unless it complies with applicable requirements set forth in the land development code for a conservation development within an A agricultural district or SF-E single-family estate district.

(b)

Application. For residential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, and record plats. This criterion is not applicable to nonresidential projects.

(Ord. No. 41-02, § 3.01.1(d)5.f., 7-15-2002; Ord. No. 54-22, § 1, 11-7-2022; Ord. No. 46-25, § 4, 11-3-2025)

(a)

Restrictions; purpose. No development application or project shall be approved for a "rural development option" for a single-family detached development on lots less than five acres in size. Subdivisions designated for "rural development" that include incentives shall not be subdivided further without approval of the town. Expedited development review shall be approved administratively. The purpose of this criterion is to provide for a "rural development option" on lots of five acres or greater that reflect the country atmosphere and natural environment of Flower Mound. This rural development option may include specialized types of development, such as equestrian-oriented developments. To encourage "rural development," incentives may be considered based on the proposed development and the preservation of open space and natural lands within the development.

(b)

Application. For residential projects, applicable to applications for zoning amendments, development plans, subdivision site plans, and record plats. This criterion is not applicable to nonresidential projects.

(Ord. No. 41-02, § 3.01.1(d)5.e., 7-15-2002; Ord. No. 46-25, § 4, 11-3-2025)

Editor's note— Ord. No. 29-20, § 5, adopted Sept. 21, 2020, repealed former § 98-169 which pertained to waiver of community character criteria, and derived from Ord. No. 52-07, § 5, adopted July 16, 2007.