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HomeMy WebLinkAboutJanuary 15, 2013 Agenda AGENDA CITY OF DENTON CITY COUNCIL January 15, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:00 p.m. convene in a Work Session on Tuesday, January 15, 2013 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for January 15, 2013. 3. Receive a report, hold a discussion and give staff direction regarding Airport entry improvements. The Airport Advisory Board recommends approval (4-3). 4. Receive a report, hold a discussion, and give staff direction on amending Subchapter 22 of the Denton Development Code, relating to Phase II of the Gas Well Drilling and Production Ordinance, Definitions, and Procedures. (DCA12-0005) Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: A.Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters regarding Request for Proposals No. 4859 issued by the City soliciting proposals for solar-generated energy and facilities for the City of Denton, Texas; discuss, deliberate, provide staff with direction, and consider such matters. Consultation with the City’s attorneys regarding legal advice regarding the matters referenced above. A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Agenda January 15, 2013 Page 2 B.Consultation with Attorneys – Under Texas Government Code Section 551.071; and Deliberations regarding Real Property – Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 200 block of North Mayhill Road), within the City of Denton, Texas. Consultation with the City’s attorney’s regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1.Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. D. Personnel Matters – Under Texas Government Code Section 551.074. 1. Hold a discussion and deliberate regarding the appointment, employment, evaluation, reassignment, duties, discipline, dismissal, or complaints as may impact the City Manager, the City Attorney, and the Municipal Court Judge. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda January 15, 2013 Page 3 Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Dr. Bettye Myers Day 3. CITIZEN REPORTS 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance rejecting any and all competitive proposals for RFP 4859–Solar Generated Energy and Facilities for the City of Denton, or take other appropriate action with regard to such proposals; and providing an effective date. B.Consider approval of a resolution of the City Council of the City of Denton, Texas approving the 2012 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. C.Consider adoption of an ordinance approving assignment of a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and John K. Selvidge dated March 7, 1995 to Pedron Aircraft Works, L.L.C.; and providing an effective date. The Council Airport Committee recommends approval (3-0). City of Denton City Council Agenda January 15, 2013 Page 4 D.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of certified softball officiating services from the North Texas Umpire Association (NTUA), which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5152– Agreement with NTUA in the amount per game as specified in the agreement in the estimated annual award of $85,000 for a three year estimated expenditure of $255,000). E.Consider adoption of an ordinance accepting sealed proposals and awarding a contract for drug/alcohol testing services and physicals for the City of Denton; and providing an effective date (RFP 5019–Drug/Alcohol Testing Services and Physicals awarded to Occupational Medicine, Denton Regional Medical Center in the annual estimated amount of $34,930 for a five year estimated expenditure of $174,650). F.Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of Denton; and providing an effective date (RFP 5121–Microsoft Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated expenditure of $285,000). G.Consider adoption of an ordinance of the City of Denton, Texas approving a Lease Agreement between the City of Denton, Texas and VOW 210 Hickory Partners, LLC for the lease of a portion of land located at the southwest corner of East Hickory and Industrial Streets, being situated within the H. Sisco Survey, Abstract Number 1184 and being described as part of Lot 3, Block 20 of the Original Town of Denton, for the construction, occupancy and maintenance of an outdoor patio, and providing an effective date. H.Consider adoption of an ordinance approving a development agreement with HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the required perimeter wall for the Villages of Carmel, Phase III subdivision, pursuant to previously approved plans and permits, and authorizing permitting and construction of houses and infrastructure on the remaining unbuilt lots in that subdivision, in accordance with applicable building and development requirements; delegating authority to the City Manager to execute said Development Agreement on behalf of the City; and declaring an effective date. I.Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.388 acre tract, located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to the ordinance, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. City of Denton City Council Agenda January 15, 2013 Page 5 Stoudt and wife, Gladys F. Stoudt (collectively the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Twenty Five Thousand Three Hundred Seventy Seven Dollars 00 and No Cents ($25,377.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached to the ordinance and made a apart thereof as Exhibit “B”; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M074) J.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.147 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.071 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to the ordinance, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. Stoudt and wife, Gladys F. Stoudt (collectively the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Twenty Four 00 Thousand Seven Hundred Twelve Dollars and No Cents ($24,712.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached to the ordinance and made a apart thereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M075) Consider adoption of an ordinance finding that a public use and necessity exists to K. acquire (I) fee simple to a 0.106 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.106 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to the ordinance, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. Stoudt (the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirty Three Thousand One Hundred Three Dollars and No 00 Cents ($33,103.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached to the ordinance and made a apart thereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M076) City of Denton City Council Agenda January 15, 2013 Page 6 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City Council of the City of Denton, Texas, requesting the Texas Legislature and the Governor of Texas to enact laws to reduce exploitative payday lending and auto title loan practices; requesting the Texas Municipal League to introduce and support such legislation; expressing support of the cities of Austin, Dallas, and San Antonio in their efforts to regulate these lending practices; and providing an effective date. B. Consider adoption of an ordinance amending Article VI “Neighborhood Empowerment Program” of Chapter 14 “Health and Human Services” of the City’s Code of Ordinances regarding the Neighborhood Empowerment Program’s purpose, establishment of a Neighborhood Empowerment Advisory Board, criteria and guidelines for the approval of matching contributions under applications by eligible persons under the program; setting forth additional details in relation to the program, providing a savings clause; and providing an effective date. 6.PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 35.22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions, and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. (DCA12-0005) 7. CITIZEN REPORTS 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda January 15, 2013 Page 7 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE : January 15, 2013 DEPARTMENT : Airport ACM: Jon Fortune SUBJECT Receive a report, hold a discussion and give staff direction regarding Airport entry improvements. Airport Advisory Board recommends approval of improvement (4-3) BACKGROUND Denton Airport entrance improvements proposed by staff to accommodate current and future operation of the Airport were presented to the City Council on December 3, 2012. A part of the proposed entry improvement is a new road entering from Airport Road and connecting south to an extension of Spartan Drive. This improvement will allow access to over twenty-seven (27) commercial hangar locations in the southeast area of the Airport, as well as provide a location for on-site directional signage for public access to these sites. Exhibit 1 is a concept plan for improvement being considered for the Airport Road entrance to Denton Airport. Engineered plans and specifications for construction of Airport entrance improvements have been developed and a construction quote has been provided by Jagoe Public Company under the terms of their City Council approved annual contract. FISCAL INFORMATION The quote for construction of the southbound entry road is $188,121.45 under terms of the annual contract with the City of Denton. Funding is available in the approved 2012/13 Airport Budget. PRIOR ACTION This entry improvement was presented to the Airport Advisory Board (AAB) at their meeting on November 14, 2012 and following discussion, the AAB recommended approval of a modified improvement to the Airport entry. The portion of the proposed entry improvement related to the southbound entry road was tabled for future consideration. The project was presented to the City Council in Work Session on December 3, 2012 and staff was directed to complete the additional actions requested by the AAB at their meeting on November 14, 2012. The project was discussed, again, with AAB Members on December 12, 2012, including staff presentation of information previously requested regarding potential development in the area adjacent to the southbound entry road and the result of notification to all Airport Stakeholders Agenda Information Sheet January 15, 2013 Page 2 that this improvement is pending. Following discussion, the AAB voted 4-3 to recommend the southbound entry road improvement (Exhibit 2) RECOMMENDATION Airport staff recommends approval of the improvement proposed for the Airport entry. EXHIBITS 1.Airport Entry Concept Plan 2.Excerpt from Airport Advisory Board Draft Minutes Respectfully submitted: Quentin Hix Director of Aviation AVIATION AVENUE EXHIBIT EXCERPT - DRAFT MINUTES AIRPORT ADVISORY BOARD DECEMBER 14, 2012 After determining that a quorum was present, the Airport Advisory Board of the City of Denton, Texas convened in a Regular meeting Wednesday, December 14, 2012 at 5:30 p.m. in the Airport Terminal Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the following items were considered: BOARD MEMBERS PRESENT : Chairman Bob Eames, Vice Chairman Jeremy Fykes, Mr. Bill Schofield, Mr. Jim Stodola, Mrs. Karen Dickson, Mr. Marc Moffitt and Mr. Martin Mainja BOARD MEMBERS ABSENT : STAFF MEMBERS PRESENT : Quentin Hix, Director of Aviation; Andrea Sumner, Operations Coordinator; and, Julie Mullins, Administrative Assistant and Board Secretary. PUBLIC PRESENT: Jeff Soules, US Aviation Group; Mr. Rick Woolfolk; and, Mr. Don Smith Meeting was called to order at 5:34 P.M. Item 3: Receive a report, hold a discussion and provide a recommendation to the City Council regarding Airport entry infrastructure improvement; Mr. Hix gave a presentation at the November 14, 2012 Airport Advisory Board meeting and this item was tabled. Staff was asked to take two additional actions: First was to notify the tenants about the proposed improvements; and, the second was to provide information regarding the potential impact on development adjacent to the road if it cut off extension of Taxiway H. An email was sent to Airport Stakeholders to inform them of the Airport entry improvement. There were seven (7) responses from the 77 recipients of the infrastructure improvement notice. The respondents were not in favor of the southbound road improvement. The Mail Chimp communication service used for Airport Stakeholder communications allows staff to produce reports on the responses, including who opens and forwards the information and who does not open the email. Stakeholders can, also, go to the Airport website and add themselves to the email list to receive future stakeholder updates. People on the list can opt out of receiving the emails at any time. The Mail Chimp e-mail list is up to 130 people on the Airport Stakeholder list. Mr. Stadola Following discussion of the proposed southbound road improvement, made a Mrs. Dickson motion to recommend the road improvement. seconded the motion. The motion passed 4-3. AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Planning & Development ACM: John Cabrales SUBJECT DCA12-0005 Phase II Gas Well Drilling and Production Ordinance Revisions Receive a report, hold a discussion, and give staff direction on amending Subchapter 22 of the Denton Development Code, relating to Phase II of the Gas Well Drilling and Production Ordinance, Definitions, and Procedures. (DCA12-0005) PRIOR ACTION/REVIEW On October 1, 2012, the advisory Gas Well Task Force held a public meeting. On October 2, 2012, the draft was ordinance posted for public review and comment until October 12, 2012. On October 22, 2012, the advisory Gas Well Task Force held a public meeting. On October 24, 2012, P&Z continued the public hearing for DCA12-0005 to their November 14, 2012 meeting by a 7-0 vote. On November 6, 2012, the City Council received a report, held a discussion, and gave staff direction regarding the Ph On November 13, 2012, the City Council received a report, held a discussion, and gave staff On November 14, 2012, P&Z continued the public hearing for DCA12-0005 to their November 28, 2012 meeting by a 6-0 vote. Approval, On November 28, 2012, P&Z voted 6-1 to recommend with the Condition that City Council will continue to revise the ordinance language based on their goals, of DCA12-0005. On December 4, 2012, the City Council received public input regarding the Phase II amendments . On December 18, 2012, the City Council continued the public hearing for DCA12-0005 to their January 15, 2013 meeting by a 6-0 vote. On January 8, 2013, the City Council received a report, held a discussion, and gave staff direction on amending Subchapter 22 of the Denton Development Code. BACKGROUND The fifth draft version of the ordinance was written at the conclusion of the December 18, 2012 meeting. This draft was posted online and made available in hard copy format at City Hall, City Hall West, and the three City libraries. In addition, a public notice of the hearing was sent to the Denton Record Chronicle for posting on December 27, 2012; a press release notice of the upcoming hearing was also sent to the Denton Record Chronicle for posting; the press release webpage was updated with the public hearing notice; and the Gas Well Inspections Division website was revised to include details of the upcoming public hearing. Since the time of the multiple postings of the fifth draft version of the ordinance, City Council hosted a work session on January 8, 2013 and City staff met with Dr. Briggle from the Denton Stakeholders Drilling Advisory Group (DAG). Although multiple comments were made and several items discussed in detail, the draft ordinance was not updated. City Council did request that staff perform additional research on setback distances, but no revisions were drafted as of this writing. As a result, the fifth draft version of the ordinance is intended as a comprehensive draft that includes ideas carried over from Phase I, issues discussed during the thirteen (13) advisory Task Force meetings, comments received from the public and industry, legal and technical advisors, staff research, and both P&Z and City Council guidance. This fifth draft is considered to be the final draft. Based on the purpose of this meeting, the prior actions on DCA12-0005, and the multiple notices for the January 15, 2013 City Council RECOMMENDATION Staff recommends the P&Z recommendation to Approve DCA12-0005. EXHIBITS 1.Draft Ordinance Redline Version 2.Draft Ordinance Clean Version Prepared by: Respectfully submitted: Brian Lockley, AICP, CPM John Cabrales Director, Assistant City Manager Planning and Development Department for Development s:\planning\cc related\year 2013\01- jan\01.08.13\staff reports\dca12-0005 subchapter 22\dca12-0005 subchapter 22_exhibit 1.dx Exhibit 1 Redline Ordinance Version35.22.1. - Purpose, Authority and Appli A.. The drilling and production of gas and the development of gas Purpose within the corporate limits of the City necessitate promulgation to prevent devaluation of property; to protect watersheds; to pr groundwater resources that actually or potentially threaten the proximity to drilling and production activities; to prevent or of gases that potentially threaten the health of nearby resident injury to persons and property; to ensure that gas well drillin are compatible with adjacent land uses throughout the duration o assure that such activities conform to The Denton Plan. The regu Subchapter are designed to protect the health, safety, and gener and to assure that the orderly and practical development of mine compatible with the quiet enjoyment of affected surface estates contained in this Subchapter are designed to implement the purpo subsection and are supported by the following findings of fact: 1.Gas well drilling and production activities create externaliti the health, safety and general welfare of persons residing or wo proximity to such operations. 2.Gas well drilling and production activities, in the absence of may generate noxious aerial emissions, introduce contaminants in emit high noise levels, produce large volumes of dust, congest l fire hazards and produce other deleterious effects, all of which on adjacent land uses, and which can result individually or cumu persons and destabilization of property values in the vicinity o 3.The City of Denton recognizes that the United States and the S gas well drilling and production activities for the purpose of i quality and water quality goals. The regulations in this Chapte supplement such standards in order to implement compatible local assure the health, safety and general welfare of the City’s resi B.. This Subchapter is adopted pursuant to authority vested under Authority constitution and laws of the United States, the State of Texas a Each authorization identified in this Subchapter shall be constr City's zoning powers, pursuant to the Denton City Charter, Texas Code Chapters 211 and 212 and the provisions of Subchapter 35.5 Development Code (DDC). C. The provisions of this Subchapter apply only within the corpora Applicability. of the City of Denton, except as otherwise stated in section 35. 35.22.2. - Definitions. All technical industry words or phrases related to the drilling specifically defined shall have the meanings customarily attribu operators in the gas industry. For the purposes of this Subchapt without regard to whether the defined terms are capitalized when context clearly indicates or requires a different meaning. An all-encompassing noise level associated with a given environ Ambient Noise Level. composite of sounds from all sources (excluding the noise in que approximate time at which a comparison with the noise in questio the ambient noise level constitutes the normal or existing level location. The ambient noise level is established by recording so the noise in question) over a continuous seventy-two (72) hours drilling. The seventy-two (72) hour time span shall include at l reading during either a Saturday or Sunday. A mechanical, hydraulic, or pneumatic apparatus, or combination Blowout Preventer (BOP). such apparati, that can be secured over top of an open wellbor that,, via remote actuators, can be actuated remotely in the ev situation arises. The primary function of the BOP is to shut th control of the formation fluids from blowing out of the well. A system that uses a combination of solids control equipment Closed-loop mud system. incorporated in a series of steel tanks that eliminates the use The reflection of either "Spud Well" or "Nipple Up" the Commencement of Drilling Activities. Blow Out Protectors (BOP) by the drilling contractor on the IADC Form maintained by the Operator's tool pusher on the pad site. . Any ignition device, installed horizontally or vertically, us Completion combustion device in exploration and production operations to combust otherwise ve completions. The date the work is completed for Completion of drilling, re-drilling and re-working. drilling, re-drilling, or re-working, and the crew is released b by its employer. Any substance capable of contaminating a non-related homogeneo Contaminant. fluid, gas or environment. The period from 7:00 am to 7:00 pm., Monday through Daytime. Friday; and from 8:00 am to 5:00 pm., Saturdays and Sundays. . A well drilled in order to determine the boundary of a field Delineation well reservoir. 2 Term used to typically describe the means by which the earth Drilling. pathway to formations containing hydrocarbons to allow for their can employ various types of mobilized drilling equipment to crea incorporating drilling fluids to cool the bit, to condition the most critically, to maintain an overbalanced pressure gradient a contained inherently pressurized well fluids. Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad The area dedicated to all gas well drilling or production act Production Area). including the drilling and production area , all structures, clo parking areas, security cameras, lighting, tanks, tank battery ( drilling rigs, separators, compressors, perimeter walls, utiliti contemplated for use during and after gas well drilling or produ the Gas Well Development Plat or Gas Well Development Site Plan. definition are gathering and transmission lines and compressor s The area used for drilling, completing, or re-working a well. Drill Site. A written document which includes a set of procedures Emergency Action Plan (EAP). intended to guide an organization’s response to an accident or e Geologic or geophysical activities, including, but not limited Exploration. seismic exploration, related to the search for oil, gas, or othe Natural gas extracted from a production well prior to entering Field Natural Gas. of processing, such as dehydration. The process of allowing fluids to flow from a natural gas well Flowback. either in preparation for a subsequent phase of treatment or in returning the well to production. The flowback period begins whe well during the treatment returns to the surface immediately fol refracturing. The flowback period ends with either well shut in continuously to the flow line or to a storage vessel for collect A private water well used by a protected use. Freshwater Well. Gas or natural gas, as such terms are used in the rules, regula Gas. Typically, a naturally-occurring gaseous substance primarily com light, gaseous hydrocarbons. A processing site engaged in the extraction of natural gas liq Gas Processing Facility. field natural gas, or the fractionation of mixed natural gas liq combination of both. 3 The phase that occurs after successful exploration, Gas Production (A/K/A Production). drilling and development involving operations including, but not dehydrators, separators, mud pits, ponds, tank batteries or asso during which hydrocarbons are extracted from the gas field, excl facilities as defined and regulated by the Pipeline Safety Act o 60137. Any well drilled for the production of gas or classified as a g Gas Well. Natural Resources Code. Any written license granted by the City of Denton for the explo Gas Well Permit. drilling, development, production, and operation of natural gas, regulations of this Subchapter. A Gas Well Permit is required f Structures suitable for human habitation or occupation for whic Habitable Structure. Certificate of Occupancy or Final Inspection Certificate is requ single or multi-family dwellings, accessory guest houses, hotels buildings, and enclosed buildings used for commercial or industr structure shall not include accessory buildings, barns, garage The hazardous materials management plan and Hazardous Materials Management Plan. hazardous materials inventory statements required by the Fire Co The process of directing pressurized fluids containing any com Hydraulic Fracturing. of water, proppant, and any added chemicals to penetrate tight f formations, that subsequently require high rate, extended flowba solids during completions. Conducting a subsequent hydraulic fracturing operation at a wel Hydraulic Refracturing. has previously undergone a hydraulic fracturing operation. A mechanized device that compresses gas prior to its introduc Lift Compressor. for use in lifting well liquids to the surface. An integrated system designed to ground metal equipment on a Lightning Protection System. rig, well pad or at a tank battery location for protection again due to lightning. An electrical or gas-powered-pumping device that increases the Line Compressor. natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is being introduced. In pit construction, a liner is an impervious material, either Liner. used to line the interior of a pit to prevent pit fluids from leaking or leaching into the environment. In well construction, a liner is a tubular sheath 4 purposes, such as isolating a particular zone, repairing casing the hole size, among others. . A well with reservoir pressure and vertical well depth such t Low pressure gas well times the reservoir pressure (in psia) minus 0.038 times the ver 67.578 psia is less than the flow line pressure at the sales met A well bore drilled from surface or new lateral wellbore dril New Well. vertical pilot hole at a depth different from other laterals in existing well that is purposefully deviated or “kicked-off” arou the initial hole. Not to be confused with recompletion. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Mon Nighttime. Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays. The process of assembling well-control or pressure-control equi Nipple Up. wellhead. .NaturallyOccurringRadioactiveMaterial.NORMencounteredinoilandgas NORM exploration,developmentandproductionoperationsoriginatesinsubsurfaceformations,which maycontainradioactivematerialssuchasuraniumandthoriumandtheirdaughterproducts, radium226andradium228.NORMcanbebroughttothesurfaceintheformationwaterthatis producedinconjunctionwithoilandgas.NORMintheseproducedwaterstypicallyconsistsof theradionuclides,radium226and228.Inaddition,radongas,aradiumdaughter,maybefound inproducednaturalgas. An inspector designated by the Oil and Gas Inspector or Inspector. City of Denton that is responsible for evaluating the impacts of production of oil and/or gas wells. Responsibilities include env review, erosion control inspection, monitoring, and evaluating c and local regulations. Also responsible for processing and appr Plat, Gas Well Development Site Plan and Gas Well Permit applica The person(s) in charge and in control of drilling, maintainin Operator. or controlling any well or pipeline including without limitation A person familiar with and educated in the oil and gas industry Petroleum Specialist. been retained by the City. A temporary or permanent containment for circulated fluids. A Pit. Completion/Workover pit: Pit used for storage or disposal of sp workover fluids and drilling fluid, silt, debris, water, brine, 5 materials which have been cleaned out of the wellbore of a well worked over. Drilling fluid disposal pit: Pit, other than a reserve pit, use fluid. Fresh makeup water pit: Pit used in conjunction with drilling r used to make up drilling fluid. Mud circulation pit: Pit used in conjunction with drilling rig currently being used in drilling operations. Reserve pit: Pit used in conjunction with drilling rig for coll cuttings, sands, and silts; and wash water used for cleaning dri at the well site. Reserve pits are sometimes referred to as slus Saltwater disposal pit: Pit used for disposal of produced saltwater. Washout pit: Pit located at a truck yard, tank yard, or disposa disposal of oil and gas waste residue washed out of trucks, mobi tanks. Water Condensate pit: Pit used in conjunction with a gas pipeli station for storage or disposal of fresh water condensed from na “Plugging” as defined by the RRC and includes the plugging of Plugging and Abandonment. the well, abandoned, orphaned or otherwise, and restoration of t as required by this Subchapter. Any dwelling, church, public park, public library, hospital, p Protected Use. kindergarten or elementary, middle or high school, public pool, center, public recreation center, hotel or motel. The Railroad Commission of Texas. Railroad Commission (RRC). well completion following fracturing or refracturing where Reduced emissions completion. A gas flowback that is otherwise vented is captured, cleaned, and collection system, re-injected into the well or another well, us for other useful purpose that a purchased fuel or raw material w to the atmosphere. Re-completion or re-entry of an existing well within the existi Re-working. deepening or sidetrack operations which do not extend more than from the existing well bore, or replacement of well liners or ca 6 means the prior approval by ordinance of City Council, of one o Site-specific authorization more specifically located and defined gas well site locations, s development, regulatory and permitting requirements, as set fort within the site approval ordinance (or both), as applicable. The first time the drill bit enters the ground for gas well dri Spud. A natural or man-made container, covered or uncovered, in which Tank. liquids or hydrocarbons used or produced in conjunction with the production operations of an oil or gas well. Such person(s) familiar with and educated in the oil and gas in Technical advisor. law as it relates to oil and gas matters who may be retained fro Denton. A hole or bore drilled to any horizon, formation, or strata for Well. natural gas, or liquid hydrocarbons. The process that allows for the flowback of petroleum or natur Well completion. newly drilled wells to expel drilling and reservoir fluids and t characteristics, which may vent produced hydrocarbons to the atm tank. . Any well completion with fracturing or refracturing occurring Well completion operation gas well affected facility. A well outside known fields or the first well drilled in an oil Wildcat well. other oil and gas production exists. Work performed on a well after its initial completion to secur Workover Operation. production where there has been none, to restore production that has ceased, or to enhance or increase production within the zone originally completed. 35.22.3. - Zoning District Classifications for Gas Well Drilling A.The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within City that is subject to the use regulations of the RD-5 District Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (N Center Commercial Neighborhood (RCC-N), Regional Center Commerci (RCC-D), Employment Center Commercial (EC-C), Employment Center I), Industrial Center Employment (IC-E) and Industrial Center Ge Districts, except as provided in subsection B, and subject to co requirements of this Subchapter. 7 B.The drilling and production of gas within the corporate limits zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Develo site-specific authorization in Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Sp shall be required for gas well drilling and production on any la year flood fringe or within one thousand, two hundred (1,200) f elevation of Lake Ray Roberts or Lake Lewisville. 1.An application for a Specific Use Permit, or site-specific aut development district (PD) or master planned community district ( drilling and production of a gas well shall be filed by the pers authority to do so. That person is presumed to be the record own the duly authorized agent of either the record owner or the mine Director of Planning and Development may require an applicant to information of authority to file an application. 2. The Chairman of the DRC has the authority to establish requir in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the C been paid. Incomplete applications shall be returned less a fee determined by the Director of Planning and Development. 3.Approval of a SUP, a detailed plan in a PD District or site-sp MPC district, shall be conditioned on compliance with the requir Subchapter. 35.22.4. - Required Authorization for Gas Well Drilling and Prod A. No gas well drilling or production activities may commence wi the following authorizations have been obtained, in the followin 1. Approval of a Specific Use Permit, where required by Section a Detailed Plan in a PD district, or site-specific authorization 2. Approval of a Watershed Protection Permit, where location of production activities is proposed on land in the flood fringe or Sensitive Area (ESA), subject to the application requirements an Section 35.22.5.A.8; 3. Approval of a Gas Well Development Site Plan, subject to the requirements and standards of Section 35.22.6; and 4.Approval of a Gas Well Permit, subject to the application requ of Section 35.22.7. 8 B. An application for any authorization for gas well drilling an Subsection A may be submitted simultaneously with any other list applications must be approved in the numerical order listed. No shall be determined to be complete and hereby is deemed to be in required prior applications have been approved, and no completen be made until such prior applications have been approved. C. Approved applications for gas well drilling and production sh following circumstances: 1. A Specific Use Permit, or site-specific authorization in a P expires according to its terms; 2. A Watershed Protection Permit expires with the expiration of Development Site Plan. 3. A Gas Well Development Site Plan expires unless a complete ap Well Permit has been filed within one (1) years of the date of a plan. 4. A Gas Well Permit expires if gas well drilling activities hav six (6) months of the date of approval of the Gas Well Permit. 5.The expiration of any subsequent application results in the expiration of all prior approved applications for the same activity. D.Approved applications for gas well drilling and production may expiration. Following expiration of an approved application for production, a new application must be submitted, which shall be standards and procedures then in effect. E. E. The authorizations required by this Subchapter are in additio permits that may be required by any other provision of the Dento other government agency. F.Legal Non-Conformity; Exceptions. The provisions of Subchapter 11 are applicable to gas well drill 1. activities. For purposes of Subchapter 11, the drilling of a ne associated production activities do not constitute an existing u Drilling and Production Site that has been annexed into the City Drilling and Production Site within 30 days of the effective dat Unless the City determines that an exemption provided under Texa 2. Government Code, Section 245.004 or successor statute applies to 9 the standards and procedures in DDC Subchapters 35.16, 35.22 an Texas Local Government Code, Chapter 245 otherwise is inapplicab gas well drilling and production, such standards or procedures, necessary to give effect to this subsection F, do not apply to the authorizations identified in subsection 35.22.4.A, if, on the effective date of ordinance, the following circumstances existed: a. For a specific use permit, an application s was pending on t the amendatory ordinance; or b. For a detailed plan for a PD districtcreated on or after Apri application for the detailed plan was pending on the effective d amendatory ordinance; or c. For a detailed plan for a PD district created on or after Apr the effective date of the amendatory ordinance, an application for the detailed plan submitted after the effective date of the amendatory ordina to a conceptual plan for development approved with the ordinance the PD district that identifies the location and the nature and activities to be developed on land designated for future gas wel production; or d. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was effective date of the amendatory ordinance; or . e. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was the effective date of the amendatory ordinance for a Drilling an that was the subject of: (1) a specific use permit approved or p effective date of the amendatory ordinance; or (2) a detailed pl created on or after April 27, 2005, but before the effective dat ordinance, that identifies the location and the nature and extent of the activities to be developed on land designated for future gas well drilling or an MPC district created on or after April 27, 2005, but before t the amendatory ordinance, that identifies the location and the n the activities to be developed on land designated for future gas production. f. For a Gas Well Permit, an application was pending on the effe amendatory ordinance; or g. For a Gas Well Permit, an application was submitted after the amendatory ordinance pursuant to a Gas Well Development Site Pla Development Plat approved or pending on the effective date of th 10 ordinance that identifies the Drilling and Production Site to wh applies. 3. Authorizations or applications excepted under this subsection well drilling and production standards in effect immediately pri of the amendatory ordinance, and to any standards or procedures amendatory ordinance which the City determines to be exempt from of Texas Local Government Code Chapter 245. 4. To the extent that any exception provided under this subsecti application pending on the effective date of an amendatory ordin application must have been approved subsequently in order for th apply. 5. Any person who has been denied an exception under Subsecti pending applications, or who otherwise claims that he has obtai pursuant to Texas Local Government Code, Chapter 245 or other ap law for such applications, may request a determination pursuant the DDC. G.VestedRights. AnyOperatorwhobelievesthathehasobtainedavestedrightunderChapter245ofthe TexasLocalGovernmentCodeorotherapplicablevestinglawmayrequestavested rights/preemptiondeterminationinaccordancewithSection35.3.8oftheDDC. 35.22.5. - Standards for Gas Well Drilling and Production. A. The drilling and production of gas wells within the City limi following standards. 1. The following requirements apply only within City limits. Separation standards. a. No Drilling and Production Site may be located within one feet of any Protected Use, or freshwater well currently in use a complete application for a Gas Well Development Site Plan is fi one thousand (1,000) feet of any lot within a previously platted subdivision where one (1) or more lots have one (1) or more habi b. Except where more stringent separation distances are specifie separation distance between a Drilling and Production Site and structures other than those listed in 35.22.5.A.1.a, shall be fi c. The minimum separation requirement established in 35.22.5.A.1 reduced via the granting of a variance by the Zoning Board of Ad that the Zoning Board of Adjustment shall not reduce the minimum distance any less than five hundred (500) feet. 11 d. Notwithstanding any other provision of this subsection, a Pro within a previously platted residential subdivision where one (1 one (1) or more habitable structures may be located as close as (250) feet of a pre-existing Drilling and Production Site, provi Protected Use is not served by a freshwater well that is located thousand (1,000) feet of the drilling and production area. e. Separation distances shall be measured from the boundary of t Production Site identified on the Gas Well Development Site Pl line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwate use at the time a complete application for a gas well developmen filed, or the closest lot line of any undeveloped lot within a p residential subdivision where one (1) or more lots have one (1) 2. The following requirements apply only within City limits. On-site requirements. a. An entrance gate shall be required. Street lighting shall be Section 26-76 of the Utility Code of the Code of the City of Den sign identifying the entrance to the drill site or operation site shall be reflective. b. Fencing, buffering, landscaping and screening shall be requi Production Sites. All required fencing, landscaping, buffe must be installed in accordance with the approved Landscape Plan hundred and eighty (180) days after initial drilling of the firs Should the Operator decide to fence in gathering and transmissio compressor stations, or both, Operator shall install the fencing in accordance Subchapter 13 of the DDC. . c. No refining process, or any process for the extraction of pro be carried on at a Drilling and Production Site , except that a separator may be maintained on a Drilling and Production Site f of liquids from gas. Any such dehydrator or separator may serve well. Gas Processing Facilities shall require a Specific Use Per d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOW in both English and Spanish, in a minimum of four-inch lettering at the entrance of each Drilling and Production Site. The sign s development or operating company that is currently responsible f plat or site plan, the RRC Well Identification Number and the Am Petroleum Institute number for the well, the phone number for em 12 services (911), the number for the operator, and any other well required by the RRC in two-inch lettering. e. No person shall place, deposit, or discharge (or cause or al deposited, or discharged) any oil, naphtha, petroleum, diesel, g tar, hydrocarbon substance, or any refuse, including wastewater any gas operation or the contents of any container used in conne operation in, into, or upon any public right-of-way, storm drain sanitary drain or sewer, any body of water, or any private prope corporate limits of the City of Denton. f. All installed, mounted, and/or permanent equipment on Drillin Sites shall be coated, painted, and maintained at all times, inc gas processing units, pumping units, storage tanks, above-ground appurtenances, buildings, and structures, in accordance with app adopted by The Society for Protective Coatings (SSPC). In addit following standards are applicable: i. Protective coatings and paints shall comply with any applicable State or City requirements. In absence of any such requirement, protect and paints shall be of a neutral color that is compatible with t environment. ii. All exposed surfaces of the identified equipment must be co and free from rust, blisters, stains, or other defects. g. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivisi h. All fire suppression and prevention equipment required by any state, or local law shall be provided by the Operator, at the Op maintenance and upkeep of such equipment shall be the responsibi Operator. i. No Operator shall excavate or construct any lines for the con water, or minerals on, under, or through the streets or alleys o City without an easement or right-of-way license from the City, agreed upon, and then only in strict compliance with this Subcha ordinances of the City, and with the specifications established Department. j. The digging up, breaking, excavating, tunneling, undermining, damaging of any public street or leaving upon any public street materials is prohibited. Construction activities or deposition o objects creating an obstruction within limits of public right-of are prohibited unless the Operator has first obtained written ap 13 Engineering Department and, if applicable, has filed a right-of- agreement, and then only if in compliance with specifications es Department. k. No Gas Well Permit shall be issued for any well to be drilled streets or alleys of the City and/or streets or alleys shown by 1999-2020 and no street shall be blocked or encumbered or closed exploration, drilling, or production activities unless prior con the City Manager, and then only temporarily. l. All pits shall be lined and shall be designed, constructed, accordance with the liner standards set forth by the RRC. Any n Production Sites proposed after December 18, 2012 shall utiliz mud system. m.Any Drilling and Production Sites shall be screened with an op masonry fence that shall be no less than eight (8) feet in heigh i. In lieu of this requirement, an alternative fence that is co surrounding the Drilling and/or Production Site may be approved Director of Planning and Development. ii. Required fencing must be located within three hundred (300) equipment necessitating fencing requirements under this Subchap n. Vapor Recovery Units.1. Vapor recovery equipment is required not included under Rule§106.352 of TAC Title 30, Part 1, Chapter successor regulation. 2. An Operator shall notify the Oil and Gas Inspector within tw the first sale of gas from a well. o. Any lift compressor which is installed within an approved Dr Production Site, shall be located at least twenty-four (24) fee boundary of the site. p. Commencing on the December 18, 2012, except as provided in su of this section, for each well completion operation with hydraul i. For the duration of flowback, recovered liquids shall be rout more storage vessels or re-injected into the well or another wel recovered gas shall be routed into a gas flow line or collection injected into the well or another well, used as an on-site fuel 14 for another useful purpose that a purchased fuel or raw material with no direct release to the atmosphere. If this is infeasible, the requirements in sub-paragraph (iii) of this paragraph shall be followed. ii. All salable quality gas shall be routed to the gas flow line practicable. In cases where flowback emissions cannot be directe line, the requirements in sub-paragraph (iii) of this section sh iii. Flowback emissions shall be captured and directed to a comp combustion device, except in conditions that may result in a fir explosion, or where high heat emissions from a completion combus may negatively impact waterways. Completion combustion devices m equipped with a reliable continuous ignition source over the dur flowback. iv. Releases to the atmosphere during flowback and subsequent re minimized. v. The requirements of sub-paragraphs (i) and (ii) shall not app 1. Each well completion operation with hydraulic fracturing at meeting the criteria for wildcat or delineation well. 2. Each well completion operation with hydraulic fracturing at meeting the criteria for non-wildcat low pressure gas well or no delineation low pressure gas well. q. Soil sampling: Pre- and post-drilling; periodic soil samplin be required for all new Drilling and Production Sites. Soil sam subject to the following requirements: i.Upon application for an Oil and Gas Well Permit, soil sampling conducted prior to the commencement of any drilling at the propo and Production Site to establish a baseline study of site condit minimum of one soil sample shall be taken at the location of any equipment to be utilized at the Drilling and Production Site to existing conditions at the Drilling and Production Site. ii.A licensed third party consultant shall be utilized to collec pre-drilling and post-drilling soil analyses. The cost of such be borne by the Operator. iii.Soil samples must be collected and analyzed utilizing proper laboratory protocol from a United States Environmental Protectio Texas Commission on Environmental Quality approved laboratory. results of the analyses will be addressed to the City and a copy 15 shall be provided to the Operator and surface estate owner. The include the following analyses at a minimum: TPH, VOCs, SVOCs, Barium, Chromium and Ethylene Glycol. iv.Post-drilling soil samples shall be collected and analyzed af of drilling of each well. Subsequent to the drilling of each wel samples shall be taken as determined by the Oil and Gas Inspecto inspection events to document soil quality data at the Drilling Site. Samples shall include, but not be limited to, areas where equipment was located. Results of the analyses shall be provide in Subsection A.2.q.iii. v.Whenever abandonment occurs pursuant to the requirements of th as referenced in 35.22.5.A.6.k, the Operator so abandoning shall production soil sampling within three (3) days after equipment h removed from the Drilling and Production Site to document that t conditions are within regulatory requirements. Results of the a provided as described in Subsection A.2.q.iii. vi.If any soil sample results reveal contamination levels that exceed the minimum state or federal regulatory levels, the City shall submi sample results to the appropriate state or federal regulatory ag enforcement. r. Any rubbish or debris that might constitute a fire hazard sha distance of at least 150 feet from the vicinity of any well, tan s. An Operator shall not maintain or use any pit for storage of oil field fluids, or for storage or disposal of oil and gas wast 3.The following requirements Operations and equipment practices and standards. apply only within City limits. a. Adequate nuisance prevention measures shall be taken to preve offensive odor, fumes, dust, noise and vibration. b. Directional lighting shall be provided for the safety of gas completion and production operations and shall be installed and fashion designed to disturb adjacent developments in the least c. The Operator shall at all times comply with the applicable ru the RRC including but not limited to all applicable Field Rules d. . To address noise concerns, only electric motors shall be us drilling, transferring or blending chemicals, compressing gas, l 16 wells, The Oil and Gas Inspector may approve the use of an alter that produces lower noise levels than an electric motor. e. There shall be no venting or flaring of gases in residential by the RRC or TCEQ . If venting or flaring is allowed by the RR activities shall not be located closer than one thousand (1,000) protected use, unless: (1) a setback variance has been granted p or (2) if practical and if approved by the City Fire Marshal, gr wholly enclosed or screened with a masonry wall. . f. Vehicles, equipment, and machinery shall not be placed or loc and Production Site (or on any public street, alley, driveway, o of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Only Light Sand Fracture Technology or fracture stimulations RRC shall be used to fracture stimulate a well. h. Fracing operation shall be scheduled to occur during daylight Operator has notified the Oil and Gas Inspector that fracing will occur before or after daylight hours to meet safety requirements. i.Pneumatic drilling shall not be permitted. j. Any notices required herein shall be made pursuant to Subsect 35.22.12 k. Except in the case of an emergency, gas well flaring shall on during day-time hours. 4. The following requirements apply only within City Storage tanks and separators. limits. a. An Operator is allowed to construct, use, and operate such st separation equipment as shown on the approved Gas Well Develop Plan, except that permanent storage equipment and separation equ exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Site Plan. c. No Drilling and Production Site is allowed in the FEMA desig (100) year floodway. A Drilling and Production Site is allowed w 17 thousand two hundred (1,200) feet of the flood pool elevation of Roberts or Lake Lewisville with an approved Specific Use Permit. d. No storage tanks or separation facilities shall be placed in other ESA except in accordance with Subsection 35.22.5A.8. . 5. Flow lines and gathering lines. a. Each Operator shall place pipeline marker sign at each point gathering line crosses a public street or road. b. Each Operator shall place a warning sign for lines carrying H Sulfide) gas as required by the Railroad Commission. c. All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems transport oil, gas, and/or water shall be limited to the maximum operating pressure applicable to the pipes installed and shall b least the minimum cover or backfill specified by the American Na Institute Code, as amended. 6. The provisions of this section Additional safety and environmental requirements. shall apply within the corporate limits of the City of Denton. a. The drilling and production of gas and accessing the Drillin shall be in compliance with all state and federal environmental gas well development or activity is allowed in the FEMA designat (100) year floodway. Drilling within Flood Fringe or other ESA s Map adopted by the City is allowed under the restrictions set fo 35.22.5A.8. . b. Erosion and sediment control practices shall be conducted for Operator shall comply with the Erosion and Sediment Control Plan by the City.. c. As an exception to 35.22.5.A.6.a. or a Specific Use Permit re gas wells may have a target location or bottom-hole location tha floodway, an ESA or within one thousand two hundred (1,200) fee pool elevation of lake Ray Roberts or Lake Lewisville when the g directionally from a location outside such areas. d. Each well shall be equipped with an automated valve that clos event of an abnormal change in operating pressure. All wellheads emergency shut off valve to the well distribution line. 18 e. Each storage tank shall be equipped with a level control devi automatically activate a valve to close the well in the event of accumulation in the tank. f. All storage tanks shall be anchored for stability. g. All storage tanks shall be equipped with either steel or conc containment systems including lining with an impervious material containment system shall be of a sufficient height to contain on (1½) times the contents of the largest tank in accordance with t pots shall be provided at pump out connections to contain the li storage tank. h. Outside storage areas shall be equipped with a secondary cont designed to contain a spill from the largest individual vessel. rainfall, secondary containment shall be designed to include the twenty-four (24)-hour rainfall as determined by a twenty-five (2 provisions shall be made to drain accumulations of ground water i. Drilling and Production Sites shall be equipped with a ligh system, in accordance with the City’s Fire Code and the National Association’s NFPA-780. In addition, tank battery facilities sh with a remote foam line and a lightning arrestor system. j. A Hazardous Materials Management Plan shall be on file with t Any updates or changes to this plan shall be provided to the Fir three (3) working days of the change. All chemicals and/or hazar shall be stored in such a manner as to prevent, contain, and fac remediation and cleanup of any accidental spill, leak, or discha material. Operator shall have all material safety data sheets (M hazardous materials on site. All applicable federal and state re requirements for the proper labeling of containers shall be foll pollution prevention actions shall be required and include, but chemical and materials raised from the ground (e.g., wooden pall storage, installation and maintenance of secondary containment s protection from storm water and weather elements. k. All wells shall be plugged and abandoned in accordance with t RRC; however, all well casings shall be cut and removed to a dep (10) feet below the surface unless the surface owner submits a w otherwise. Three (3) feet shall be the minimum depth. In additi shall: 19 i. Submit a copy of its RRC Form W-3A (Notice of Intention t Abandon) and Form W-3 (Plugging Record) to the Inspector within business days of filing with the RRC; ii. Notify the Oil and Gas Inspector of the intention to plug at least twenty-four (24) hour prior to commencing activities; a iii. Submit to the Oil and Gas Inspector the surface hole locati acceptable Geographic Information System (GIS) format to accurat and track well locations. The GIS data may be submitted with an Well Permit application or with the annual administrative report of GIS location data is only required once. iv. Submit a copy of a soil sampling analysis as required by Sub 35.22.5.A.2.q. l. Operators must close each Drilling and Production Site in a m minimizes the need for care after closure. To achieve this requ shall be reclaimed to the condition identified on the Site Recla nearly as practicable. In the event development encroaches up t after drilling and production activities, a reasonable rehabilit be approved by the City to ensure the reclaimed site is compatib surrounding properties. m.No gas well drill sites shall be allowed on slopes greater tha n. No Class II injection wells shall be located within the City o. No gas well permit will be issued for any well where the Dril Site is located within one thousand (1,000) feet of an existing unless a variance, or consent from neighboring property owners, obtained per 35.22.5.A.1. p. Pits shall always be operated with a minimum of at least t freeboard above the contents within it. q. For safety reasons, fencing shall be installed to restrict ac other type of open pit utilized in gas well drilling operation the corporate limits of the City. r. Drip pans, catchment basins and other secondary containment d absorbing materials shall be placed or installed underneath all pumps, lubricating oil systems, engines, fuel and chemical stora 20 valves, connections, and any other areas or structures that coul discharge, or otherwise spill hazardous or solid materials. . s. After the well has been completed, or plugged and abandoned, clean and repair all damage to public property caused by such op thirty (30) days. t. After any spill, leak or discharge , the Operator shall remov removed all contamination and associated waste materials. Clean- shall begin immediately. u. The Drilling and Production Site and site access road shall a free of debris, pools of water or other liquids, contaminated so trash or other waste material outside the Drilling and Productio v. All pits associated with Drilling and Production Sites shall requirements. i. The type of pit used in drilling operations shall be specifie permitting. The Oil and Gas Inspector may perform a contaminatio assessment for any reserve pit, completion/work-over pit, drilli disposal pit, fresh makeup water pit, mud circulation pit, washo condensate pit. The following concentrations for contaminants wi determine if contamination exists within any materials in the pi Compound Concentration limit TPH15 mg/L BTEX500 µg/L Benzene50 µg/L From 30TAC 321.131.138 If concentrations exceeding these values are detected, the opera remove, cause to be removed, or otherwise remediate contaminants the limits provided herein. Cleanup operations shall begin immed Cleanup activities that do not begin within twenty-four (24) hou 21 notification by the oil and gas inspector shall be considered a Subchapter. ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud systems and oil-based mud systems are prohibited. iii. Chloride content of fluids held in pits may not exceed thr milligrams per liter. iv. No metal additives may be added to any drilling fluids. v. All fluid produced from the well during completion of product held in enclosed containers while stored on the property. vi. All fluids shall be removed ("de-watering") from the pits w days of completion of drilling operations. vii. The pit and its contents shall be removed from the premises days after completion of the drilling of a well; provided, however, that the permittee may apply for a ninety (90)-day extension from such requirements based on necessity to maintain said pit, inclement weather, or other fact period of time shorter than the ninety (90)-day extension set ou w. All pits shall be backfilled in accordance with the following Director of Planning and Development may grant permission for a the site if the surface property owner submits a written request i. Reserve pits and mud circulation pits shall be dewatered wi and backfilled and compacted within ninety (90) days of cessatio drilling activities. ii. All completion/workover pits used when completing a well sh dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of well completion. iii. All completion/workover pits used when working over a well dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of completion of re-work opera iv. Basic sediment pits, flare pits, fresh mining water pits, a condensate pits shall be dewatered, backfilled, and compacted wi hundred and twenty (120) days of final cessation of use of the p x. Each operator must submit to the City a water conservation pl The plan must provide information in response to each of the fol i. A description of the use of the water in the production proce the water is diverted and transported from the source(s) of supp water is utilized in the production process, and the estimated q 22 consumed in the production process and therefore unavailable for discharge, or other means of disposal; ii. If long-term, five (5) to ten (10) years, water storage is a five-year and ten-year targets for water savings and the basis f development of such goals; iii. A description of the device(s) and/or method(s) within an a minus 5.0% to be used in order to measure and account for the am water diverted from the source of supply; iv. Leak-detection, repair, and accounting for water loss in the system; v. Application of state-of-the-art equipment and/or process modi improve water use efficiency; and vi. Any other water conservation practice, method, or technique shows to be appropriate for achieving the stated goal or goals o conservation plan. y. No gas well drilling and production shall be permitted withi (1,200) feet of the flood pool elevation of Lake Ray Roberts or unless the Operator first obtains a SUP. . 7. Supplemental drilling. a. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the conditions for the applicable S or underlying zoning classification that permits gas development operator shall provide the Oil and Gas Inspector a copy of addi permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the approved Gas Well Permit for th with the City. 8. Watershed Protection Requirements for Wells located in Flood ESA's. The standards in this subsection are adopted pursuant to the aut Texas Local Government Code, Section 551.002 and are intended to adverse impacts on areas within the Flood Fringe or ESA, reduce lessen the potential for contaminating surface water or any wate 23 a. The provisions of 35.22.5A.6 and 35.22.5A.8 shall apply to a Drilling and .. Production Site required to have a Watershed Protection Permit w corporate limits of the City of Denton. The provisions of 35.2 to a Drilling and Production Site required to have a Watershed P located within the corporate limits of the City of Denton or wit City of Denton. b. Drilling and Production Sites shall be located outside ESAs w to minimize adverse impacts on these areas, reduce flood damage, potential for contaminating surface water or any water supply. c. Prior to location of any gas well in the Flood Fringe or ESA, or applicant shall first obtain approval of an application that the Application Criteria Manual for a Watershed Protection Permi comply with the provisions of 35.22.5. d. A Watershed Protection Permit containing an ESA assessment of Production Site shall be approved by the Department of Environm i.For all ESAs prior to the approval of a Gas Well Development 1. If a riparian buffer is designated as "fair" to "excellent" E protective stream buffer width as specified in Subchapter 17 of Development Code shall apply, and no encroachments shall be allo 2. Within all areas except unstudied floodplains, if the stream as a "poor" ESA, the designated width of the protective stream b `shall be decreased by either fifty (50) percent or to the limit floodway whichever is greater, but in no instance shall the prot stream buffer width be decreased below twenty-five (25) feet mea each direction from the centerline of the existing channel. ii. For all flood fringe ESAs prior to the approval of a Gas We Site Plan or Plat. e. Tree mitigation for gas wells located in an ESA shall be requ calculated on a one to one replacement value for one hundred (10 dbh of trees removed from the Drilling and Production Site.. Tre be accomplished by planting replacement trees, within a floodpla site with similar tree species or by payment into a Tree Mitigat Mitigation Funds that are specific to ESA's will be kept separat Mitigation Funds and will only be used to either acquire wooded riparian property that remains in a naturalistic state in perpetuity, or to purchase conservation easements within riparian or floodplain areas. Fund purchase, plant, and maintain trees on public property, as long property is within a riparian area or floodplain. 24 f. The Watershed Protection Permit application shall contain the information and such information as may be required by the Devel Committee which is reasonably necessary to review and determine proposed development and required facilities meet the requiremen Subchapter and as required by the Application Criteria Manual. T that is required for the Watershed Protection Permit shall inclu limited to: i.A Tree Inventory Plan shall show the location of ESAs on any p Drilling and Production Site. ii. Any request to remove tree(s) shall be accompanied by a lett certified geologist or engineer that indicates why the well site located to avoid the trees. If Operator has chosen to pay into Mitigation Fund, such funds shall be paid prior to final approva and Production Site within an ESA. iii. Show location of ESAs on proposed Drilling and Production S g. Only one (1) well head, may be placed in the Flood Fringe or following conditions: i. Storage tanks or separation facilities shall be constructed (18) inches above the established Base Flood elevation plus the depth for encroachment to the limits of the floodway having a on chance of being equaled or exceeded in any year. ii. A hydrologic and hydraulic engineering study shall be perfor Registered Professional Engineer. The study shall be submitted to the Engineering Department in a technical report for review by the C or his designated representative. The report shall demonstrate t proposed facilities will have no adverse impacts on the carrying the adjacent waterway nor cause any increases to the elevations for the floodplain. When the Special Flood Hazard Areas (SFHA) o subject site is designated as "Zone A" on the FIRM Panel, or the identified on the FIRM Panel, the following approximate method m to evaluate the impacts from gas well development. A flow rate s calculated using procedures set forth in the City of Denton Drai Manual. Using Manning's Equation with an estimate of the average the stream, measurements of a single irregular cross-section geo well site, and the one hundred (100) year discharge rate, the av and normal depth may be calculated. Calculations shall be provid unaltered existing channel cross-section and for the proposed mo 25 channel cross-section and submitted to the City for review and a to construction within these areas. iii. No more than ten (10) percent of the floodplain, within the Well Development Site Plan or Gas Well Development Plat, may be h. If evidence from water quality monitoring efforts indicates t occurring from gas wells, the Operator shall remove, cause to be otherwise remediate contamination, as required by the oil and ga including but not limited to Waste Minimization Practices establ RRC. Cleanup operations shall begin immediately. A re-inspection charged as established by the City Council and published in the Criteria Manual. B. Drilling and Production Sites shall comply with all federal, applicable to gas well drilling, production and operations. C. Noise Management Standards. The following standards apply to production in the City limits. 1. The Operator shall submit with its Gas Well Site Plan a con hour pre-drilling Ambient Noise Level measured three hundred (30 boundaries of the Drilling and Production Site. The seventy-two shall include at least one (1) twenty-four-hour reading during e Sunday. 2. No gas well drilling equipment, production equipment, re-dril other associated equipment shall be operated at any Drilling a within the City in such a manner so as to create any noise level (65) decibels. The dB level shall be measured at a distance of one thousand ( boundaries of the Drilling and Production Site or one hundred ( any Protected Use setback line, whichever distance is nearer to Production Site. 3. The distances described in 35.22.5.C.2 shall be measured fro Drilling and Production Site depicted on the Gas Well Developme Development Site Plan, in a straight line, without regard to int objects, and outward from the boundary of the Drilling and Prod 26 4.If the ambient noise level that was established and submitted accordance with 35.22.5.C.1 is higher than the levels set forth noise generated from the Drilling and Production Site may not established ambient noise level by more than five (5) decibels d and three (3) decibels during nighttime hours, except as provide below. 5. The following adjustments to the noise standards as set forth intermittently during daytime hours only, except in the case of Maximum Permitted Increase above 65 dB or established ambient, Maximum Duration ambient exceeds 65 dB (minutes)* 10 dB 5 minutes 15 dB 1 minute 20 dB Less than 1 minute *Cumulative minutes during any one hour. 6. Acoustical blankets, sound walls, mufflers or other alternati by the City may be used to ensure noise limitation compliance. A shall comply with accepted industry standards and be subject to 7. The sound level meter used in conducting noise evaluations sh National Standard Institute's Standard for sound meters or an in associated recording and analyzing equipment which will provide equivalent data. 8. The noise level generated during gas drilling activities shal monitored by the Operator to ensure compliance with the noise li established herein, if the Drilling and Production Site is withi feet of a Protected Use. The cost of such monitoring shall be bo In addition, the Operator shall also provide the following data: i. The continuous noise monitoring data shall include an audio identify the source of sound level fluctuations throughout the l continuous noise monitoring equipment shall be capable of remote real-time noise and audio data in a format acceptable to the Ins the real-time data shall be made available to the Oil and Gas Inspector; 27 ii. The continuous noise monitoring data shall be summarized i and submitted to the Oil and Gas Inspector each Monday for the p through Sunday reporting week, which may be combined with the su week if the number of monitoring days for any given week is thre The report shall be in an electronic format or other format spec Gas Inspector. The weekly report shall contain all noise data, tones and low frequency readings, and shall be averaged in twent intervals; and iii. The weekly noise report shall state whether the Drilling a compliance with acceptable noise standards. If the report identifies that the Drilling and Production Site is not compliant, then the report s measures being taken to return the site to compliance and the ti implementing these remedial measures. 9. For Drilling and Production Sites not continuously monitored, received after the commencement of drilling activities by eith City, the Operator shall immediately upon receipt of the complai monitor the exterior noise level generated by the gas well drilling or production for a seventy-two(72) hour period and take the action necessary to aba violation exists. The monitoring shall be performed in accordan and ii. 10. In the event of a violation of this subsection, the City may citation to the Operator for the violation. 35.22.6. - Gas Well Development Site Plan and Watershed Protecti A. Applicability. 1. A Gas Well Development Site Plan shall be approved for any la limits before a Gas Well Permit may be issued or any gas well dr activities may occur. Approval of a Gas Well Development Site Pl processing of a complete application for a Gas Well Permit. If he Watershed Protection Permit application shall accompany the appl Development Site Plan or Gas Well Development Plat, but shall be 2. A Watershed Protection Permit shall be approved prior to appr Development Site Plan, Gas Well Development Plat, or Gas Well Pe land in any floodplain or ESA within the corporate limits of th Watershed Protection Permit authorizes the processing of a compl Gas Well Development Site Plan or Gas Well Development Plat, as that includes land in a floodplain or ESA. B. Application Requirements—Gas Well Development Site Plan. 28 1. An application for a Gas Well Development Site Plan shall not complete or deemed complete until: a. Any required Specific Use Permit has been approved by the Cit b. A complete application for a Watershed Protection Permit, whe been filed with the City pursuant to this subchapter. Any condit approval of the Watershed Protection Permit shall be deemed inco the conditions of approval for the Gas Well Development Site Pla 2. Approval of a Gas Well Development Site Plan authorizes the h Site Plan to apply for a Gas Well Permit. 3. An application for a Gas Well Development Site Plan, in addit forth in Subsection 1, shall: a. Clearly delineate the boundaries of the gas well drilling or metes and bounds description, and list the exact acreage of the drilling and production activities shall be limited to this area b. Identify all ingress and egress points. c. Show the location of all floodplains and ESAs. d. Show the location of all freshwater wells currently in use at the time of filing of the application within one thousand (1,000) feet of the Drilling Site. e. Show the location of all structures with a protected use with (1,000) feet of the Drilling and Production Site; f. Identify and show proposed method of erosion and sediment con g. Identify the location of proposed lease lines; h. Identify the location of all proposed gas wells, mud pits, po equipment; i.Label distances between gas wells and property lines; j. Provide site specific well schematics showing layout during completion of drilling; k. Show location of all existing and proposed underground pipeli drawings shall be filed with the City (in a digital form as spec and as a condition of maintaining the annual operating permit). 29 proposed in public rights-of-way shall require a Right-of-Way Us The City Manager shall have the authority to enter into a Right- Agreement; l. Show the location of all pipelines and identify if pipelines connect with a Gas Distribution System; m. Identify the height, size, bulk and location of all structure dehydrators, parking areas, security cameras, lighting, tanks, t rigs, separators, compressors, perimeter walls, utilities, and a objects contemplated within the boundaries of the gas well drill area; n. Provide a Tree Protection Plan demonstrating compliance with Preservation Code; o. Provide a Signage Plan, complying with this Subchapter for bo and pipelines; p. A Screening, Fencing, and Landscape Plan, in accordance with established for Industrial land uses in Subchapter 13 of the DDC compliance with all landscape and screening measures to be taken irrigate all landscaping including the water source for irrigati efforts to replace dead or dying screening vegetation; and q. A Noise Mitigation Plan that includes: i.A description of the proposed facility/operation; ii.The established ambient noise level; iii.An analysis of any significant sources of noise generated on and Production Site; and iv.An analysis of any abatement measures necessary to bring the activity into compliance with the City’s noise standards. r. A Site Reclamation Plan that establishes the existing conditi prior to drilling activities. The Site Reclamation Plan shall and Post-Closure Plans. i. Closure Plan. Site closure includes well plugging and abandon equipment removal, and site clean-up. This plan should describe Drilling and Production Site will be closed, how the proposed fi closure will be achieved, and a detailed description of the clos 30 ii. Post-Closure Plan. Post-closure care includes any subsequent necessary to minimize the need for care after closure and should anticipated work activities necessary to achieve this objective. s. The Operator shall submit an Erosion and Sediment Control Pla with the applicable City Criteria Manual. t. The Operator shall notify all private freshwater well owners in writing that they have the right to have their wells tested. Proof of such writte submitted to the City as part of the Site Plan application. Exceptasprovidedinsubsection35.22.6.B.3.u.iiibelow,areportdetailingall privatewaterwellswithin1,500feetoftheDrillingandProductionSite’s boundaryandmethodforwhichsuchinformationwasobtained.Thereport shouldincludefreshwaterwellsamplingpre-drillinganalysisthatmeetsthe followingrequirements: i.Water sampling must be collected and analyzed in accordance with established federal sampling and laboratory protocol. All labor TCEQ or EPA certified laboratories. Pre-approval by the City’s Environmental Services Director, or designee, of all sampling methods, preservation techniques, analytical methods and contract laborat required. This information is required to be submitted with the Permit application. ii.At a minimum, the following parameters shall be tested for: meth chloride, sodium, barium, strontium, total dissolved solids, tot solids, and pH. Other parameters may be required at the discret City’s Environmental Services Director, or designee. iii.This freshwater well sampling requirement may be partly or entir a well(s) is(are) abandoned, or if one or more of the freshwater within 1,500 feet of the Drilling and/or Production Site deny ths request to have the well(s) sampled. The Operator must produce evidence to support that the well(s) is(are) abandoned or that t request(s) was(were) denied by the freshwater well owner(s). u. The Operator shall submit a deed, lease, contract or similar evidencing the location of the Drilling and Production Site, whi be filed with the County Records Department upon approval of the Development Site Plan. v. The Operator shall provide a copy of its Emergency Action Pla prepare one pursuant to federal or state law. 31 w. Any other information deemed necessary by the Oil and Gas In compliance with these standards. C. Processing of Applications. 1. An application for a Gas Well Development Site Plan shall be manner for an application for a gas well development plat, as pr 35.16.19 of the DDC. , and shall be decided by the Oil and Gas Inspector 2. A Watershed Protection Permit shall be processed in accordanc a. All applications for Watershed Protection Permits shall be fi Department, who shall immediately forward all applications to th review. Incomplete applications shall be returned to the applica the City shall provide a written explanation of the deficiencies applicant. The City shall retain a processing fee determined by The City may return any application as incomplete if there is a before the Railroad Commission regarding the determination of th application shall be deemed accepted for filing until the applic b. The DRC may attach such conditions to approval of a Watershed Permit as are necessary to assure that the requirements of Subse met. c. Each Watershed Protection Permit approved by the DRC shall: i.Identify the name of each well subject to the permit; ii.Specify the date on which the Permit was issued; iii.Incorporate by reference all applicable standards of approva iv. Incorporate by reference all applicable conditions of approv D. Criteria for Approval. 1.No Gas Well Development Site Plan shall contain more than one Production Site, and the Drilling and Production Site shall not acres in size. All standards in Section 35.22.5 shall be met, an to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 32 2. The following standards apply to an application for a Watersh a. For land inside the City limits, all conditions imposed by an MPC District or a PD District for the land subject to the Waters Permit. b. Standards in Subsection 35.22.5A.6 and 35.22.5A.8. .. 3. An Operator shall submit an amended Gas Well Development Site approval if the items required by 35.22.6.B.3, subsections b., different than those contained in the earlier approved Gas Well Plan. The Oil and Gas Inspector shall review the amended Gas We Site Plan in accordance with this Subsection D. E. Expiration. 1. A Gas Well Development Site Plan shall automatically expire o date of approval, unless a Gas Well Permit has been issued by th site. a. A Gas Well Development Site Plan shall not be extended unless exception has been approved by the Board of Adjustment pursuant 35.22.16. The applicant may submit a new Gas Well Development Si application for review and approval in accordance with all appli requirements of the DDC then in effect. b. If the Gas Well Development Site Plan expires, then all permi or simultaneous with the site plan for the same activity shall l the same date. 2. An associated Watershed Protection Permit shall expire with t Well Development Site Plan and may not be extended prior to expi 35.22.7. - Gas Well Permit Required. A. Any person, acting for himself or acting as an agent, employe or servant for any person, shall not engage in the drilling and within the corporate limits of the City without first obtaining under this Subchapter. B. When a Gas Well Permit has been issued covering a well, the P authority for drilling, operation, production, gathering of prod re-working, testing, site preparation consisting of rigs or tank abandonment, and any other activity authorized by this Subchapte drilling or production by the Operator and their respective empl contractors. A Gas Well Permit shall also constitute authority f 33 of all facilities reasonably necessary or convenient in connecti gathering lines and discharge lines, by the Operator and its res contractors and subcontractors. C. A Gas Well Permit shall not be required for exploration for g geologic or geophysical activities, including, but not limited t exploration, related to the search for oil, gas, or other sub-su seismic permit is required for impact-based exploration. . D.A Gas Well Permit shall not, however, constitute authority for of a plugged and abandoned well. Re-entry and drilling of a plug shall require a new Gas Well Permit. E. Applications for Gas Well Permits shall be in accordance with 1. Shall be in writing; 2. Shall be on forms provided by the City; 3. Shall be signed by the Operator; 4. Shall include the application fee; 5.Shall include a copy of the applicable SUP, PD District, or Ga Site Plan; and 6. Shall include the information required by the Application Criteria Manual unless such information has been previously provided to the City. 35.22.8. - Insurance and Indemnification. The Operator shall provide or cause to be provided the insurance well for which a Gas Well Permit is issued, such insurance to co abandoned and the site restored. The operator may provide the re "blanket basis for multiple wells". Such coverage shall be appro the City of Denton. A. General Requirements. Indemnification and Express Negligence Pro 1. Each Gas Well Permit issued by the City shall include the fol Operator does hereby expressly release and discharge, all claims judgments, and executions which it ever had, or now have or may may have, or claim to have, against the City of Denton, and/or i agents, officers, servants, successors, assigns, sponsors, volun 34 created by, relating to or arising out of personal injuries, kno injuries to property, real or personal, or in any way incidental the performance of the work performed by the operator under a Ga the Operator caused by or arising out of, that sequence of event the Gas Well Permit, and work performed by the Operator shall fu indemnify, and hold harmless the City of Denton, Texas, and/or i agents, officers, servants, employees, successors, assigns, spon from and against each and every claim, demand, or cause of actio liability, damages, obligations, judgments, losses, fines, penal expenses incurred in defense of the City of Denton, Texas, and/o agents, officers, servants, or employees, including, without lim injuries and death in connection therewith which may be made or Operator, its agents, assigns, or any third parties on account o any way incidental to or in connection with the performance of t by the Operator under a Gas Well Permit and, the Operator agrees hold harmless the City of Denton, Texas, and/or its departments, agents, servants, employees, successors, assigns, sponsors, or v liabilities or damages suffered as a result of claims, demands, against the City and/or, its departments, it's officers, agents, created by, relating to or arising out of the acts or omissions occurring on the Drilling and Production Site or operation site of inspecting and permitting the gas wells INCLUDING, BUT NOT LI CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not renewed without thirty (30) days advanced written notice to the except when this policy is being cancelled for nonpayment of pre ten (10) days advance written notice is required". 3. Liability policies shall be written by carriers licensed to d with companies with A: VIII or better rating in accordance with 35 Rating Guide, or with nonadmitted carriers that have a financial carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the Cit employees, and volunteers. 5. Certificates of insurance shall be presented to the City evid endorsements required by this Section 35.22.8, and the acceptanc without the required limits and/or coverage's shall not be deeme requirements. 6. Claims made policies will not be accepted except for excess p otherwise provided by this Subchapter. B. Required Insurance Coverages. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of one mil ($1,000,000) per occurrence for Bodily Injury and Property Damag coverage shall include premises, operations, blowout or explosio completed operations, blanket contractual liability, underground broad form property damage, independent contractors protective l personal injury. b. Environmental Impairment (or Seepage and Pollution) shall be the coverage or written as separate coverage. Such coverage shal damage to the lease site. If Environmental Impairment (or Seepag Coverage is written on a "claims made" basis, the policy shall p retroactive date applicable precedes the effective date of the i Permit. Coverage shall apply to sudden and non-sudden pollution resulting from the escape or release of smoke, vapors, fumes, ac chemicals, liquids or gases, waste material or other irritants, pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit dollars ($1,000,000) per occurrence for Bodily Injury and Proper coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum s requirements, coverage shall include Employer's Liability limits hundred thousand dollars ($100,000) for each accident, one hundr ($100,000) for each employee, and a one million dollars ($1,000, occupational disease, and the insurer agrees to waive rights of City, its officials, agents, employees, and volunteers for any w City by the operator. 36 4. Excess (or Umbrella) Liability Insurance. Minimum limit of te ($10,000,000) covering in excess of the preceding insurance poli 5. Control of Well Insurance. a. Minimum limit of five million dollars ($5,000,000) per occurr b. Policy shall cover the Cost of controlling a well that is out or Restoration expenses, Seepage and Pollution Damage. Damage to the Operator's Care, Custody, and Control with a sub-limit of fi thousand dollars ($500,000) may be added. 35.22.9. - Security. A. A security instrument that covers each well shall be delivere Inspector before the issuance of the Gas Well Permit for the wel provide that it cannot be cancelled without at least thirty (30) the City and, if the instrument is a performance bond, that the without at least ten (10) days' prior written notice for non-pay instrument shall secure the obligations of the operator related to the well to: 1. Repair damage, excluding ordinary wear and tear, if any, to p but not limited to bridges, caused by the operator or by the ope agents, contractors, subcontractors or representatives in the pe activity authorized by or contemplated by the Gas Well Permit; 2. Comply with the insurance and security provisions set forth i Section 35.22.9; 3. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas Well Permit; and 4. Comply with Site Reclamation requirement. B. The security instrument may be in the form of an irrevocable bond issued by a bank or surety approved by the City. The instru City for the benefit of the City, shall become effective on or b Permit is issued, and shall remain in effect until the well is a restored. C.A certificate of deposit may be substituted for the letter of certificate shall be issued by a bank in Denton County, Texas, s City, shall be payable to the order of the City to secure the obligations of the Operator described above, and shall be pledged to the bank with evidence 37 the Director of Planning and Community Development. Interest on the certificate shall be payable to the operator. E.The security instrument may be provided for an individual well each Drilling and Production Site. The amount of the security s City Engineer, with due regard to the costs and risks to be secu above, either on a per-application basis, or as administratively in the Application Criteria Manual, in the minimum amount of on dollars ($100,000.00) for a single well on the site, two hundred ($200,000) for two (2) to four (4) wells on the same site, or t dollars ($300,000.00) for 5 or more wells on the same site.The when the Oil and Gas Inspector confirms in writing that one of t occurred: 1. The Gas Well Permit is transferred, and the Operator-transf security that complies with this section; or 2. The well is plugged and abandoned and the site restored. F. An appeal of the determination of the amount of security req may be made to the Planning and Zoning Commission for recommenda Council for final determination of the amount of security. 35.22.10. - Review of Permits for Gas Well Drilling and Producti A. All applications for Gas Well Permits shall be filed with the immediately forward all applications to the DRC for review. Inco shall be returned to the applicant, in which case the City shall explanation of the deficiencies if requested by the applicant. T processing fee determined by ordinance. The City may return any incomplete if there is a dispute pending before the Railroad Com determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval o 1. A SUP, where required, a Detailed Plan in a PD district, or a authorization in a MPC district; 2. A Watershed Protection Permit, where applicable; and 3. A Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be conditional approval of the Gas Well Permit. B. The DRC shall review each application consistent with the pr 35.16.8 and shall determine: 38 1.Whether the application includes all of the information requir 2.Whether the application is in conformance with the applicable Development Site Plan, applicable SUP, MPC Zoning District or PD and 3. Whether the application is in conformance with the insurance requirements set forth in Subsection 35.22.8 and Subsection 35.2 . C.The Oil and Gas Inspector may not release the approved Gas Operator has provided: 1. the security required by Subsection 35.22.9; 2. upon the Operator entering into a Road Damage Remediation Ag obligate the operator to repair damage excluding ordinary wear a public streets, including but not limited to, bridges caused by operator's employees, agents, contractors, subcontractors or rep performance of any activity authorized by or contemplated by the Permit; and 3.a copy of the recordable instrument filed with the County Reco required by Subsection 35.22.6.B.3.u. D.The failure of the DRC or the Oil and Gas Inspector to review Permit within the time limits specified above shall not cause th Permit to be deemed approved. E. Each Gas Well Permit issued by the Oil and Gas Inspector sha 1. Identify the name of each well and its Operator; 2. Specify the date on which the Oil and Gas Inspector issued e 4.Specify the date by which drilling shall commence, otherwis (such date shall not be less than 6 months after the date of is 4. Specify that if drilling is commenced before the Permit expi continue until the well covered by the Permit is abandoned and 5. Incorporate, by reference, the insurance and security require Subsection 35.22.8 and Subsection 35.22.9 ; 39 6.Incorporate, by reference, the requirement for periodic report 35.22.11 and for Notice of Activities set forth in Subsection 35 7.Incorporate the full text of the release of liability provisio 35.22.8.A.1; 8.Incorporate, by reference, the conditions of the applicable Wa Permit, Gas Well Development Site Plan, and applicable SUP, MPC or PD Zoning District, and Gas Well Ordinance applicable at the well drilling and production project; 9.Incorporate, by reference, the information contained in the Pe 10.Incorporate, by reference, the applicable rules and regulatio the applicable "field rules"; 11.Specify that no drilling operations (including the constructi access roads) shall commence until the operator has provided the Subsection 35.22.9; 12.Contain the name, address, and phone number of the person des notices from the City, which person shall be a resident of Texas person or by registered or certified mail; 13.Incorporate by reference all permits and fees required by the 14.Incorporate the well’s RRC permit number and the American Pet (API) number; 15.Incorporate, by reference all other applicable provisions set 16.Contain a notarized statement signed by the Operator, or desi information is, to the best knowledge and belief of the Operator and correct. 17.Contain a statement that the Operator is required to comply w and state laws and regulations, which the City will verify compliance as part of its periodic inspections. F. The decision of the Oil and Gas Inspector to deny an applica shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision . G. If an application for a Gas Well Permit is denied by the Oil herein contained shall prevent a new Permit application from bei for the same well. 40 H. Expiration of Gas Well Permit. 1. A Gas Well Permit is valid for six (6) months and shall autom gas well drilling and production have commenced prior to expira 2. If a Gas Well Permit has been issued by the City but gas well have not commenced prior to the expiration of the permit, the pe extended unless a special exception has been approved by the Boa pursuant to 35.22.16; however, the Operator may reapply for a ne 3. If gas well drilling and production have commenced prior to t Well Permit issued by the City, the permit shall continue, and O subject to an Annual Inspection and Administration fee. 4. If gas well drilling and production have commenced following Well Permit by the City before the expiration date, the approved Production Site and all activities shall be subject to inspecti compliance with terms and conditions of the Gas Well Permit and standards of the DDC. 35.22.11. - Periodic Reports. A. The Operator shall notify the Oil and Gas Inspector of any c information within one (1) business day after the change occurs 1.The name, address, and phone number of the Operator; 2.The name, address, and twenty-four (24)-hour phone number of t supervisory authority over the Drilling and Production Site; 3.The name, address, and phone number of the person designated t from the City, which person shall be a resident of Texas that ca or by registered or certified mail; and 4. The Operator's Emergency Action Plan if required to file one state law. B. The Operator shall provide a copy of any "incident reports" o submitted to the RRCor any other state or federal agency within operator has notice of the existence of such reports or complaints. This includes the recording of both reportable and non-reportable events as noted Code, Title 30. . 41 C. Beginning the January after each well is spud, and continui thereafter until the operator notifies the Oil and Gas Inspector that the well has been plugged and abandoned and the Drilling and Production Site resto prepare a written report to the Oil and Gas Inspector identifyi information that was included in the application for the applica have not been previously reported to the City. D. The Operator must provide a copy to the Oil and Gas Inspecto with the TCEQ in connection with an installed vapor recovery uni 35.22.5.A.2.n. The Operator shall also provide the City with co provided by TCEQ. Such reports and responses shall be kept on t Production Site and shall be available for inspection when reque Inspector. E. The Operator shall provide the City with copies filed with t reports for setting surface casing, blowout preventer (BOP) pres testing, pressure relief valve testing, and level control testin provide the City with copies of any responses provided by the RR reports and responses shall be kept on the Drilling and Producti available for inspection when requested by the Oil and Gas Inspe F. The Operator shall submit a copy of a soil sampling analysis 35.22.5.A.2.q upon request by the Oil and Gas Inspector. G. In addition to the records listed in Subsections 35.22.5.A.6. Operator shall provide the City with a copy of all records filed by the Operator or by third parties. Copies of such records sha and Production Site and shall be available for inspection when r Gas Inspector. 35.22.12. - Notice of Activities. A. Any Operator who intends to perform the following activities work a well using a drilling rig; (3) to fracture stimulate a we operations; (5) plug a well; (6) perform any other maintenance at a Drilling and Production Site; or (7) to conduct seismic exploration not invol shall give written notice to the City at least two (2) days bef Damage Remediation Fees shall be paid to the City and submitted Activities. B. All dwellings within one thousand (1,000) feet of a well shal forty-eight (48) hours prior to the activities. 1. The notice shall identify where the activities will be condu activities in reasonable detail, including but not limited to th and the time of day they will be conducted. 42 2.The notice shall also provide the address and twenty-four (24) the person conducting the activities. C.The Operator responsible for the activities shall post a si Drilling and Production Site giving the public notice of the act address, and twenty-four (24)-hour phone number of the person co D. If upon receipt of the notice the City determines that an ins Inspector is necessary, the operator will pay the City's customa inspection. E. Surface Casing. 1. The Operator shall notify the Inspector within 24 hours of se 2. Casing procedures shall follow RRC Rule 3.13, or any success F.If a proposed Drilling and Production Site is located within o protected use, the Operator shall also host a public meeting at convenient to surrounding property owners and residents at least more than forty-five (45) days, prior to either: (1) the public and Zoning Commission in connection with an SUP application, or a Gas Well Development Site Plan if an SUP is not required. The written notice of the meeting to all property owners located wit feet of the proposed Drilling and Production Site. A mailing li property and property owner shall be submitted to the Oil and Ga compliance with this requirement. The meeting should provide in planned activities and timelines for the site and must provide a to ask questions about the proposed site. All notification and borne by the Operator. G.All surrounding property owners, businesses and residents with feet of a Drilling and Production Site shall be notified a minim hours prior to fracturing of a wellhead. In addition, at least fracturing operations commence, the Operator shall post a sign a advising the public of the date the operations will begin and se 35.22.13. - Amended Gas Well Permits. A. AnOperator may submit an application to the Oil and Gas Insp Gas Well Permits to: 1. Commence drilling from a new drill site that is not shown on reference as part of) the existing permit; 2. To relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing Gas Well Permit; or 43 3. To otherwise amend the existing Gas Well Permit, for land sub approved Gas Well Development Site Plan. B. Applications for amended Gas Well Permits shall be in writing provided by the Department of Planning and Development, shall be operator, and shall include the following: 1.The application fee as set by City ordinance; 2.A description of the proposed amendments; 3.Any changes to the information submitted with the application Well Permit (if such information has not previously been provide 4.Such additional information as is reasonably required by the demonstrate compliance with the applicable Gas Well Development applicable SUP or PD District; and 5. Such additional information as is reasonably required by the prevent imminent destruction of property or injury to persons. C. All applications for amended Gas Well Permits shall be filed Planning and Development, and the Department shall immediately f applications to the Oil and Gas Inspector for review. Incomplete applications may be returned to the applicant, in which case the City shall provide deficiencies; however, the City may retain a processing fee as d Gas Inspector. The City may return any application as incomplete pending before the RRC regarding the determination of the Operat D. If the activities proposed by the amendment are not materiall activities covered by the existing Gas Well Permit or Gas Well D and if the proposed activities are in conformance with the appli Protection Permit, Gas Well Development Site Plan, applicable SU PD District, or site-specific authorization in a MPC District, then the Oil and Gas Inspector shall approve the amendment within ten (10) days after E. If the activities proposed by the amendment are materially di covered by the existing gas well permit, and if the proposed act with the applicable Watershed Protection Permit, Gas Well Develo applicable SUP or Detailed Plan in a PD District, or site-specif District, then the Oil and Gas Inspector shall approve the amen days after the application is filed. In addition, if the activit are materially different or, in the judgment of the Oil and Gas risk of imminent destruction of property or injury to persons th the activities covered by the existing permit or that was not ot 44 consideration by the existing permit, the Oil and Gas Inspector amendment to be processed as a new Gas Well Permit application. F. The failure of the Oil and Gas Inspector to review and issue Permit within the time limits specified above shall not cause th amended Permit to be deemed approved. G. The decision of the Oil and Gas Inspector to deny an amendme shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. The oper denial in accordance with Section 35.22.16.A.1. 35.22.14. - Transfer of Gas Well Permits. A Gas Well Permit may be transferred by the Operator with the written consent of the City if the transfer is in writing signed by both parties, if the transf terms and conditions of the transferred Permit, if all information previously provided to the City as part of the application for the transferred Permit is up and if the transferee provides the insurance and security requir Section 35.22.9. The insurance and security provided by the tran copy of the written transfer is provided to the City and all oth subsection are satisfied. The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transf 35.22.15. - Inspection. A. The Oil and Gas Inspector shall have the authority to issue a required to carry out the intent and purpose of this Subchapter. comply with any such order or directive shall constitute a viola B. The Oil and Gas Inspector shall have the authority to enter a covered by the provisions of this subchapter, to determine compl and all applicable laws, rules, regulations, standards, or direc federal authority. C. Pursuant to inspection authority granted by the Texas Clean A Code, the Oil and Gas Inspector shall conduct periodic inspectio under this Subchapter. D. Inspections may include periodic evaluations of air quality, of, Drilling and Production Sites. Inspections will also includ conformance with their Hazardous Materials Management Plan and o requirements to their site. 45 35.22.16. – Appeals and variances. A. Procedures. 1.The Board of Adjustment shall hear and decide appeals of order determinations made by the Oil and Gas Inspector relative to the interpretation of this Subchapter, except for those matters desc 35.22.4.F.3 and 35.22.17; furthermore the Board of Adjustment sh requests for variances to the provisions of this Subchapter unde set forth below. The Board may also grant a special exception ex expiration date of a Gas Well Development Site Plan or a Gas Wel period not to exceed one year pursuant to the criteria set forth who desires to appeal the type of action described in this subse variance may file an appeal or variance to the Board of Adjustm procedural process outlined in Section 35.3.6 of the DDC. Appeal fees shall be required for every appeal or variance request. The Board of Adj the appeal or variance and any other related information. a. Standard of review for appeals. The members of the Board of have and exercise the authority to hear and determine appeals wh there is error or abuse of discretion regarding the approval or Development Site Plan, or the issuance or non-issuance of a Gas b. Standard of review for variances. In deciding variance req Adjustment shall consider, where applicable, the following relev i. Whether there are special circumstances existing on the property on which the application is made related to size, shape, area, topography, su conditions and location that do not apply generally to other pro vicinity; ii. Whether a variance is necessary to permit the applicant the use of his property that are presently enjoyed by other similarl properties, but which rights are denied to the property on which application is made; iii. Whether the granting of the variance on the specific property will adversely affect any other feature of the comprehensive master plan of the iv. Whether the variance, if granted, will be of no material det welfare or injury to the use, enjoyment, or value of property in 46 v. Whether the operations proposed are reasonable under the circ conditions prevailing in the vicinity considering the particular character of the improvements located there; vi. Whether the drilling of the maximum number of potential well proposed drill site would conflict with the orderly growth and d the town; vii. Whether there are other alternative well site locations; viii. Whether the operations proposed are consistent with the he welfare of the public when and if conducted in accordance with t combined well permit conditions to be imposed; ix. Whether the operations proposed are consistent with protecti integrity and environmental quality, including protection of sur ground water sources, of potentially impacted environmentally se x. Whether there is reasonable access for town fire personnel an equipment, including the ability to safely evacuate potentially residents; xi. Whether the impact upon the adjacent property(ies) and the g operations conducted in compliance with the oil, gas, or combine conditions are reasonable and justified, balancing the following 1. The reasonable use of the mineral estate by the mineral estat explore, develop, and produce the minerals; and 2. The availability of alternative drilling sites; and xii. Where a variance is requested to reduce separation standar in addition to other relevant criteria, the extent to which owne Uses, or freshwater wells currently in use, or previously platte where one or more lots have habitable structures, have consented reduction in separation standards in writing. c. The Board of Adjustment shall determine whether to grant an e expiration date for a Gas Well Development Site Plan or Gas Well upon whether there are circumstances reasonably beyond the contr 47 Operator, including any delay on the part of the City in issuing permits, that justify an extension of the Site Plan or Permit, in order that the Operator may enjoy the same rights in the use of the property th enjoyed by other similarly situated properties, but which rights property for which the Site Plan or Permit expires. 2. The Board of Adjustment may reverse or affirm, in whole or i Oil and Gas Inspector's order, requirement, decision or determin appeal is taken and make the correct order, requirement, decisio from which an appeal is taken and make the correct order, requir determination. The Board of Adjustment may issue a variance to t the criteria referenced in Subsection A.1.b., and may grant a sp the criteria referenced in A.1.c. Any action under this subsect three-fourths majority vote of the entire Board of Adjustment. 3. Any Operator aggrieved by any decision of the Board of Adjus court of record a petition, duly verified, stating that such dec or in part, and specifying the grounds of the alleged illegality. Such petition shall be presented within ten days after the date on which the decision o Adjustment was rendered and not thereafter, and judicial review be pursuant to Texas Local Government Code, § 211.011, as amende B. Watershed Permit Appeals. 1.The applicant may appeal the denial or conditional approval of Protection Permit on grounds pertaining to the standards in Subs 35.22.5.A.6 and 35.22.5.A.8 to the Planning and Zoning Commission within ten (10) calen days of the decision by the DRC. In deciding the appeal, the Pl Commission shall decide the appeal based upon the standards ma permit by Subsection 35.22.5.A.6 and 35.22.5.A.8. 2.The applicant may file a petition for review pursuant to Subse 35.22.5.A.6 and 35.22.5.A.8 on grounds therein specified to the City Council within ten days of the decision by the Planning and Zoning Commission. The decide the petition based upon the criteria in Subsection 35.22.5.A.6 and 35.22.5.A.8. C. Preemption Appeal. 1.. The regulation of gas well drilling and production in this s Purpose potentially overlaps with regulation of gas well drilling and pr Texas and the United States of America. The purpose of this sec 48 Operators the opportunity to demonstrate to the City that one or procedures contained in this subchapter are preempted by state o 2.. An Operator who is aggrieved by the promulgation or Petition Contents application of the standards or procedures in this subchapter an or more such standards or procedures are preempted by state or f submit a petition to the Oil and Gas Well Inspector explaining t bases upon which the Operator relies to support his contention t subchapter is preempted. The petition shall be accompanied by an waiver of any statutory time periods or time periods established review of any filed applications which are the subject of the pe shall include, at a minimum, the following: a. The name, mailing address, phone number and fax number of th person's duly authorized agent); b. Identification of all property owned or under the control of affected by the preemption claim; c. Identification of the permit applications for which the appl this section; d. Identification of all regulations in this subchapter that th not apply to the project due to preemption of the subject matter law; e. For each regulation in this subchapter that is the subject o preemption claim, specification of the state or federal law, sta administrative rule or order that allegedly preempts the regulat an explanation of why such law, standard, administrative rule or the regulation. 3. Procedure and Decision. The Oil and Gas Inspector shall first determine whether the appl to DDC section 35.16.8. Once the application has been determine complete, the Director shall forward the preemption petition, to supporting information or documentation, to the City Manager and respective reviews. Prior to rendering his final determination a pre-determination conference with the petitioner to discuss th ensure that the nature of the claim is fully and completely unde The City Manager, after consultation with the City Attorney, sha administrative determination that grants the relief requested in part, or denies the requested relief in whole or in part within is complete. The City Manager’s determination shall include a s the decision, and shall identify the regulations that are preemp to the petitioner’s permit application(s) for approval under thi 49 Manager may also recommend to the City Council that one or more this subchapter should be repealed or modified so as to avoid ot 35.22.17. - Remedies of the City. A. If an Operator (or its officers, employees, agents, contracto representatives) fails to comply with any requirement of a Gas W any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil and Gas Inspector may, in connection with or separate from 35.2 to the operator specifying the nature of the alleged failure and reasonable time to cure, taking into consideration the nature an failure, the extent of the efforts required to cure, and the pot safety, and welfare of the community. The Operator shall respon forty-eight (48) hours and indicate how the violation(s) shall b however, shall the cure period be less than thirty (30) days unl presents a risk of imminent destruction of property or injury to alleged failure involves the operator's failure to provide perio Marshal or Oil and Gas Inspector may issue a Stop Work Order und B. If the Operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oi notify the RRC and request that the RRC take appropriate action notice provided to the operator), and the City may pursue any ot C. If the operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector recommendation of the Health and Building Standards Commission 1. Recommend to the City Council that the Gas Well Permit be sus alleged failure is cured; or, 2. Recommend to the City Council that the Gas Well Permit be rev suspension the Operator does not cure the alleged failure. D. The decision of the Fire Marshal and/or Oil and Gas Inspector or revocation of a Gas Well Permit shall be provided to the Oper ten (10) days before any action by the City Council unless the a risk of imminent destruction of property or injury to persons. E. If a Gas Well Permit is revoked, the Operator may submit info Well Inspector evidencing that the alleged failure resulting in Well Permit have been corrected, and an application for a new Ga submitted for the same well. 35.22.18. - Enforcements, Right of Entry. 50 A. The Fire Marshal and the Oil and Gas Inspector are authorized this Subchapter and the provisions of any Gas Well Permit. Whene enforce any provision of this Subchapter or a Gas Well Permit, o reasonable cause to believe there has been a violation of this S Permit, the Fire Marshal or Oil and Gas Inspector, may enter upo by this Subchapter or a Gas Well Permit at any reasonable time t duty imposed by this Subchapter. If entry is refused, the City s remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the 1. Engage in any activity not permitted by the terms of a Gas We this Subchapter; 2. Fail to comply with any conditions set forth in a Gas Well Pe Subchapter; or 3. Violate any provision or requirement set forth under this Sub C. The enforcement and penalty provision under Subsection 35.1.1 violation of this Subchapter. D. The Fire Marshal or Oil and Gas Inspector is authorized to is court for violations of this Subchapter or Gas Well Permit. E. The City may also notify the EPA, TCEQ, RRC or other applicab agency in connection with violations of this Subchapter. 51 2.docx s:\planning\cc related\year 2013\01- jan\01.08.13\staff reports\dca12-0005 subchapter 22\dca12-0005 subchapter 22_exhibit Exhibit 2 Clean Ordinance Version 35.22.1. - Purpose, Authority and Applicability. A.. The drilling and production of gas and the development of gas Purpose within the corporate limits of the City necessitate promulgation to prevent devaluation of property; to protect watersheds; to pr groundwater resources that actually or potentially threaten the proximity to drilling and production activities; to prevent or of gases that potentially threaten the health of nearby resident injury to persons and property; to ensure that gas well drillin are compatible with adjacent land uses throughout the duration o assure that such activities conform to The Denton Plan. The regu Subchapter are designed to protect the health, safety, and gener and to assure that the orderly and practical development of mine compatible with the quiet enjoyment of affected surface estates. contained in this Subchapter are designed to implement the purpo subsection and are supported by the following findings of fact: 1.Gas well drilling and production activities create externaliti the health, safety and general welfare of persons residing or wo proximity to such operations. 2.Gas well drilling and production activities, in the absence of may generate noxious aerial emissions, introduce contaminants in emit high noise levels, produce large volumes of dust, congest l fire hazards and produce other deleterious effects, all of which on adjacent land uses, and which can result individually or cumu persons and destabilization of property values in the vicinity o 3.The City of Denton recognizes that the United States and the S gas well drilling and production activities for the purpose of i quality and water quality goals. The regulations in this Chapte supplement such standards in order to implement compatible local assure the health, safety and general welfare of the City’s resi B.. This Subchapter is adopted pursuant to authority vested under Authority constitution and laws of the United States, the State of Texas a Each authorization identified in this Subchapter shall be constr City's zoning powers, pursuant to the Denton City Charter, Texas Code Chapters 211 and 212 and the provisions of Subchapter 35.5 Development Code (DDC). C. The provisions of this Subchapter apply only within the corpora Applicability. of the City of Denton, except as otherwise stated in section 35. 35.22.2. - Definitions. All technical industry words or phrases related to the drilling specifically defined shall have the meanings customarily attribu operators in the gas industry. For the purposes of this Subchapt without regard to whether the defined terms are capitalized when context clearly indicates or requires a different meaning. An all-encompassing noise level associated with a given environ Ambient Noise Level. composite of sounds from all sources (excluding the noise in que approximate time at which a comparison with the noise in questio the ambient noise level constitutes the normal or existing level location. The ambient noise level is established by recording so the noise in question) over a continuous seventy-two (72) hours drilling. The seventy-two (72) hour time span shall include at l reading during either a Saturday or Sunday. A mechanical, hydraulic, or pneumatic apparatus, or combination Blowout Preventer (BOP). such apparati, that can be secured over top of an open wellbor that,, via remote actuators, can be actuated remotely in the ev situation arises. The primary function of the BOP is to shut th control of the formation fluids from blowing out of the well. A system that uses a combination of solids control equipment Closed-loop mud system. incorporated in a series of steel tanks that eliminates the use The reflection of either "Spud Well" or "Nipple Up" the Commencement of Drilling Activities. Blow Out Protectors (BOP) by the drilling contractor on the IADC Form maintained by the Operator's tool pusher on the pad site. . Any ignition device, installed horizontally or vertically, us Completion combustion device in exploration and production operations to combust otherwise ve completions. The date the work is completed for Completion of drilling, re-drilling and re-working. drilling, re-drilling, or re-working, and the crew is released b by its employer. Any substance capable of contaminating a non-related homogeneou Contaminant. fluid, gas or environment. The period from 7:00 a.m. to 7:00 p.m., Monday through Daytime. Friday; and from 8:00 a.m. to 5:00 p.m., Saturdays and Sundays. 2 . A well drilled in order to determine the boundary of a field Delineation well reservoir. Term used to typically describe the means by which the earth Drilling. pathway to formations containing hydrocarbons to allow for their can employ various types of mobilized drilling equipment to crea incorporating drilling fluids to cool the bit, to condition the most critically, to maintain an overbalanced pressure gradient a contained inherently pressurized well fluids. Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad The area dedicated to all gas well drilling or production act Production Area). including the drilling and production area , all structures, clo parking areas, security cameras, lighting, tanks, tank battery ( drilling rigs, separators, compressors, perimeter walls, utiliti contemplated for use during and after gas well drilling or produ the Gas Well Development Plat or Gas Well Development Site Plan. definition are gathering and transmission lines and compressor s The area used for drilling, completing, or re-working a well. Drill Site. A written document which includes a set of procedures Emergency Action Plan (EAP). intended to guide an organization’s response to an accident or e Geologic or geophysical activities, including, but not limited Exploration. seismic exploration, related to the search for oil, gas, or othe Natural gas extracted from a production well prior to entering Field Natural Gas. of processing, such as dehydration. The process of allowing fluids to flow from a natural gas well Flowback. either in preparation for a subsequent phase of treatment or in returning the well to production. The flowback period begins whe well during the treatment returns to the surface immediately fol refracturing. The flowback period ends with either well shut in continuously to the flow line or to a storage vessel for collect A private water well used by a protected use. Freshwater Well. Gas or natural gas, as such terms are used in the rules, regula Gas. Typically, a naturally-occurring gaseous substance primarily com light, gaseous hydrocarbons. A processing site engaged in the extraction of natural gas liq Gas Processing Facility. field natural gas, or the fractionation of mixed natural gas liq combination of both. 3 The phase that occurs after successful exploration, Gas Production (A/K/A Production). drilling and development involving operations including, but not dehydrators, separators, mud pits, ponds, tank batteries or asso during which hydrocarbons are extracted from the gas field, excl facilities as defined and regulated by the Pipeline Safety Act o 60137. Any well drilled for the production of gas or classified as a g Gas Well. Natural Resources Code. Any written license granted by the City of Denton for the explo Gas Well Permit. drilling, development, production, and operation of natural gas, regulations of this Subchapter. A Gas Well Permit is required f Structures suitable for human habitation or occupation for whic Habitable Structure. Certificate of Occupancy or Final Inspection Certificate is requ single or multi-family dwellings, accessory guest houses, hotels buildings, and enclosed buildings used for commercial or industr structure shall not include accessory buildings, barns, garages The hazardous materials management plan and Hazardous Materials Management Plan. hazardous materials inventory statements required by the Fire Co The process of directing pressurized fluids containing any com Hydraulic Fracturing. of water, proppant, and any added chemicals to penetrate tight f formations, that subsequently require high rate, extended flowba solids during completions. Conducting a subsequent hydraulic fracturing operation at a wel Hydraulic Refracturing. has previously undergone a hydraulic fracturing operation. A mechanized device that compresses gas prior to its introducti Lift Compressor. for use in lifting well liquids to the surface. An integrated system designed to ground metal equipment on a Lightning Protection System. rig, well pad or at a tank battery location for protection again due to lightning. An electrical or gas-powered-pumping device that increases the Line Compressor. natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is being introduced. In pit construction, a liner is an impervious material, either Liner. used to line the interior of a pit to prevent pit fluids from leaking or leaching into the environment. In well construction, a liner is a tubular sheath 4 purposes, such as isolating a particular zone, repairing casing the hole size, among others. . A well with reservoir pressure and vertical well depth such t Low pressure gas well times the reservoir pressure (in psia) minus 0.038 times the ver 67.578 psia is less than the flow line pressure at the sales met A well bore drilled from surface or new lateral wellbore drille New Well. vertical pilot hole at a depth different from other laterals in existing well that is purposefully deviated or “kicked-off” arou the initial hole. Not to be confused with recompletion. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Mon Nighttime. Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays. The process of assembling well-control or pressure-control equi Nipple Up. wellhead. An inspector designated by the City of Denton that is Oil and Gas Inspector or Inspector. responsible for evaluating the impacts of exploration, developme gas wells. Responsibilities include environmentally sensitive ar inspection, monitoring, and evaluating compliance with federal, Also responsible for processing and approving Gas Well Developme Development Site Plan and Gas Well Permit applications. The person(s) in charge and in control of drilling, maintainin Operator. or controlling any well or pipeline including without limitation A person familiar with and educated in the oil and gas industry Petroleum Specialist. been retained by the City. A temporary or permanent containment for circulated fluids. A Pit. Completion/Workover pit: Pit used for storage or disposal of sp workover fluids and drilling fluid, silt, debris, water, brine, materials which have been cleaned out of the wellbore of a well worked over. Drilling fluid disposal pit: Pit, other than a reserve pit, use fluid. Fresh makeup water pit: Pit used in conjunction with drilling r used to make up drilling fluid. 5 Mud circulation pit: Pit used in conjunction with drilling rig currently being used in drilling operations. Reserve pit: Pit used in conjunction with drilling rig for coll cuttings, sands, and silts; and wash water used for cleaning dri at the well site. Reserve pits are sometimes referred to as slus Saltwater disposal pit: Pit used for disposal of produced saltwater. Washout pit: Pit located at a truck yard, tank yard, or disposa disposal of oil and gas waste residue washed out of trucks, mobi tanks. Water Condensate pit: Pit used in conjunction with a gas pipeli station for storage or disposal of fresh water condensed from na “Plugging” as defined by the RRC and includes the plugging of Plugging and Abandonment. the well, abandoned, orphaned or otherwise, and restoration of t as required by this Subchapter. Any dwelling, church, public park, public library, hospital, p Protected Use. kindergarten or elementary, middle or high school, public pool, center, public recreation center, hotel or motel. The Railroad Commission of Texas. Railroad Commission (RRC). A well completion following fracturing or refracturing where Reduced emissions completion. gas flowback that is otherwise vented is captured, cleaned, and collection system, re-injected into the well or another well, us for other useful purpose that a purchased fuel or raw material w to the atmosphere. Re-completion or re-entry of an existing well within the existi Re-working. deepening or sidetrack operations which do not extend more than from the existing well bore, or replacement of well liners or ca means the prior approval by ordinance of City Council, of one o Site-specific authorization more specifically located and defined gas well site locations, s development, regulatory and permitting requirements, as set fort within the site approval ordinance (or both), as applicable. The first time the drill bit enters the ground for gas well dri Spud. A natural or man-made container, covered or uncovered, in which Tank. liquids or hydrocarbons used or produced in conjunction with the production operations of an oil or gas well. 6 Such person(s) familiar with and educated in the oil and gas in Technical advisor. law as it relates to oil and gas matters who may be retained fro Denton. A hole or bore drilled to any horizon, formation, or strata for Well. natural gas, or liquid hydrocarbons. The process that allows for the flowback of petroleum or natur Well completion. newly drilled wells to expel drilling and reservoir fluids and t characteristics, which may vent produced hydrocarbons to the atm tank. . Any well completion with fracturing or refracturing occurring Well completion operation gas well affected facility. A well outside known fields or the first well drilled in an oil Wildcat well. other oil and gas production exists. Work performed on a well after its initial completion to secure Workover Operation. production where there has been none, to restore production that has ceased, or to enhance or increase production within the zone originally completed. 35.22.3. - Zoning District Classifications for Gas Well Drilling A.The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within City that is subject to the use regulations of the RD-5 District Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (N Center Commercial Neighborhood (RCC-N), Regional Center Commerci (RCC-D), Employment Center Commercial (EC-C), Employment Center I), Industrial Center Employment (IC-E) and Industrial Center Ge Districts, except as provided in subsection B, and subject to co requirements of this Subchapter. B.The drilling and production of gas within the corporate limits zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Develo site-specific authorization in Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Sp shall be required for gas well drilling and production on any la year flood fringe or within one thousand, two hundred (1,200) f elevation of Lake Ray Roberts or Lake Lewisville. 1.An application for a Specific Use Permit, or site-specific aut development district (PD) or master planned community district ( 7 drilling and production of a gas well shall be filed by the pers authority to do so. That person is presumed to be the record own the duly authorized agent of either the record owner or the mine Director of Planning and Development may require an applicant to information of authority to file an application. 2. The Chairman of the DRC has the authority to establish requir in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the C been paid. Incomplete applications shall be returned less a fee determined by the Director of Planning and Development. 3.Approval of a SUP, a detailed plan in a PD District or site-sp MPC district, shall be conditioned on compliance with the requir Subchapter. 35.22.4. - Required Authorization for Gas Well Drilling and Prod A. No gas well drilling or production activities may commence wi the following authorizations have been obtained, in the followin 1. Approval of a Specific Use Permit, where required by Section a Detailed Plan in a PD district, or site-specific authorization 2. Approval of a Watershed Protection Permit, where location of production activities is proposed on land in the flood fringe or Sensitive Area (ESA), subject to the application requirements an Section 35.22.5.A.8; 3. Approval of a Gas Well Development Site Plan, subject to the requirements and standards of Section 35.22.6; and 4.Approval of a Gas Well Permit, subject to the application requ of Section 35.22.7. B. An application for any authorization for gas well drilling an Subsection A may be submitted simultaneously with any other list applications must be approved in the numerical order listed. No shall be determined to be complete and hereby is deemed to be in required prior applications have been approved, and no completen be made until such prior applications have been approved. C. Approved applications for gas well drilling and production sh following circumstances: 8 1. A Specific Use Permit, or site-specific authorization in a P expires according to its terms; 2. A Watershed Protection Permit expires with the expiration of Development Site Plan. 3. A Gas Well Development Site Plan expires unless a complete ap Well Permit has been filed within one (1) years of the date of a plan. 4. A Gas Well Permit expires if gas well drilling activities hav six (6) months of the date of approval of the Gas Well Permit. 5.The expiration of any subsequent application results in the expiration of all prior approved applications for the same activity. D.Approved applications for gas well drilling and production may expiration. Following expiration of an approved application for production, a new application must be submitted, which shall be standards and procedures then in effect. E. The authorizations required by this Subchapter are in additio permits that may be required by any other provision of the Dento other government agency. F. Legal Non-Conformity; Exceptions. The provisions of Subchapter 11 are applicable to gas well drill 1. activities. For purposes of Subchapter 11, the drilling of a ne associated production activities do not constitute an existing u Drilling and Production Site that has been annexed into the City Drilling and Production Site within 30 days of the effective dat Unless the City determines that an exemption provided under Texa 2. Government Code, Section 245.004 or successor statute applies to the standards and procedures in DDC Subchapters 35.16, 35.22 and Texas Local Government Code, Chapter 245 otherwise is inapplicab gas well drilling and production, such standards or procedures, necessary to give effect to this subsection F, do not apply to the authorizations identified in subsection 35.22.4.A, if, on the effective date of ordinance, the following circumstances existed: a. For a specific use permit, an application was pending on the amendatory ordinance; or 9 b. For a detailed plan for a PD district created on or after Apr application for the detailed plan was pending on the effective d amendatory ordinance; or c. For a detailed plan for a PD district created on or after Apr the effective date of the amendatory ordinance, an application for the detailed plan submitted after the effective date of the amendatory ordina to a conceptual plan for development approved with the ordinance the PD district that identifies the location and the nature and activities to be developed on land designated for future gas wel production; or d. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was effective date of the amendatory ordinance; or e. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was the effective date of the amendatory ordinance for a Drilling an that was the subject of: (1) a specific use permit approved or p effective date of the amendatory ordinance; or (2) a detailed pl created on or after April 27, 2005, but before the effective dat ordinance, that identifies the location and the nature and extent of the activities to be developed on land designated for future gas well drilling or an MPC district created on or after April 27, 2005, but before t the amendatory ordinance, that identifies the location and the n the activities to be developed on land designated for future gas production. f. For a Gas Well Permit, an application was pending on the effe amendatory ordinance; or g. For a Gas Well Permit, an application was submitted after the amendatory ordinance pursuant to a Gas Well Development Site Pla Development Plat approved or pending on the effective date of th ordinance that identifies the Drilling and Production Site to wh applies. 3. Authorizations or applications excepted under this subsection well drilling and production standards in effect immediately pri of the amendatory ordinance, and to any standards effected by th ordinance which the City determines to be exempt from the applic Local Government Code Chapter 245. 4. To the extent that any exception provided under this subsecti application pending on the effective date of an amendatory ordin application must have been approved subsequently in order for th apply. 10 5. Any person who has been denied an exception under Subsecti pending applications, or who otherwise claims that he has obtai pursuant to Texas Local Government Code, Chapter 245 or other ap law for such applications, may request a determination pursuant the DDC. 35.22.5. - Standards for Gas Well Drilling and Production. A. The drilling and production of gas wells within the City limi following standards. 1. The following requirements apply only within City limits. Separation standards. a. No Drilling and Production Site may be located within one tho of any Protected Use, or freshwater well currently in use at the application for a Gas Well Development Site Plan is filed, or wi (1,000) feet of any lot within a previously platted residential one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specifie separation distance between a Drilling and Production Site and a structures other than those listed in 35.22.5.A.1.a, shall be fi c. The minimum separation requirement established in 35.22.5.A.1 reduced via the granting of a variance by the Zoning Board of Ad that the Zoning Board of Adjustment shall not reduce the minimum distance any less than five hundred (500) feet. d. Notwithstanding any other provision of this subsection, a Pro within a previously platted residential subdivision where one (1 one (1) or more habitable structures may be located as close as (250) feet of a pre-existing Drilling and Production Site, provi Protected Use is not served by a freshwater well that is located thousand (1,000) feet of the drilling and production area. e. Separation distances shall be measured from the boundary of t Production Site identified on the Gas Well Development Site Pl line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwate use at the time a complete application for a gas well developmen filed, or the closest lot line of any undeveloped lot within a p residential subdivision where one (1) or more lots have one (1) 2. The following requirements apply only within City limits. On-site requirements. 11 a. An entrance gate shall be required. Street lighting shall be Section 26-76 of the Utility Code of the Code of the City of Den sign identifying the entrance to the drill site or operation site shall be reflective. b. Fencing, buffering, landscaping and screening shall be requir Production Sites. All required fencing, landscaping, buffering be installed in accordance with the approved Landscape Plan with and eighty (180) days after initial drilling of the first approv Operator decide to fence in gathering and transmission lines or stations, or both, Operator shall install the fencing in accorda the DDC. c. No refining process, or any process for the extraction of pro be carried on at a Drilling and Production Site, except that a d separator may be maintained on a Drilling and Production Site fo of liquids from gas. Any such dehydrator or separator may serve well. Gas Processing Facilities shall require a Specific Use Per d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOW in both English and Spanish, in a minimum of four-inch lettering at the entrance of each Drilling and Production Site. The sign s development or operating company that is currently responsible f plat or site plan, the RRC Well Identification Number and the Am Petroleum Institute number for the well, the phone number for em services (911), the number for the operator, and any other well required by the RRC in two-inch lettering. e. No person shall place, deposit, or discharge (or cause or al deposited, or discharged) any oil, naphtha, petroleum, diesel, g tar, hydrocarbon substance, or any refuse, including wastewater any gas operation or the contents of any container used in conne operation in, into, or upon any public right-of-way, storm drain sanitary drain or sewer, any body of water, or any private prope corporate limits of the City of Denton. f. All installed, mounted, and/or permanent equipment on Drillin Sites shall be coated, painted, and maintained at all times, inc gas processing units, pumping units, storage tanks, above-ground appurtenances, buildings, and structures, in accordance with app adopted by The Society for Protective Coatings (SSPC). In addit following standards are applicable: i. Protective coatings and paints shall comply with any applicable State or City requirements. In absence of any such requirement, protective co paints shall be of a neutral color that is compatible with the s environment. 12 ii. All exposed surfaces of the identified equipment must be coa and free from rust, blisters, stains, or other defects. g. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivisi h. All fire suppression and prevention equipment required by any state, or local law shall be provided by the Operator, at the Op maintenance and upkeep of such equipment shall be the responsibi Operator. i. No Operator shall excavate or construct any lines for the con water, or minerals on, under, or through the streets or alleys o City without an easement or right-of-way license from the City, agreed upon, and then only in strict compliance with this Subcha ordinances of the City, and with the specifications established Department. j. The digging up, breaking, excavating, tunneling, undermining, damaging of any public street or leaving upon any public street materials is prohibited. Construction activities or deposition o objects creating an obstruction within limits of public right-of are prohibited unless the Operator has first obtained written ap Engineering Department and, if applicable, has filed a right-of- agreement, and then only if in compliance with specifications es Department. k. No Gas Well Permit shall be issued for any well to be drilled streets or alleys of the City and/or streets or alleys shown by 1999-2020 and no street shall be blocked or encumbered or closed exploration, drilling, or production activities unless prior con the City Manager, and then only temporarily. l. All pits shall be lined and shall be designed, constructed, a accordance with the liner standards set forth by the RRC. Any n Production Sites proposed after December 18, 2012 shall utilize mud system. m. Any Drilling and Production Sites shall be screened with an o masonry fence that shall be no less than eight (8) feet in heigh i. In lieu of this requirement, an alternative fence that is co surrounding the Drilling and/or Production Site may be approved Director of Planning and Development. 13 ii. Required fencing must be located within three hundred (300) equipment necessitating fencing requirements under this Subchapt n. Vapor Recovery Units. i. Vapor recovery equipment is required for facilities not inclu Rule§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; successor regulation. ii. An Operator shall notify the Oil and Gas Inspector within tw the first sale of gas from a well. o. Any lift compressor which is installed within an approved Dr Site shall be located at least twenty-four (24) feet from the ou site. p. Commencing on the December 18, 2012, except as provided in s of this section, for each well completion operation with hydraul i. For the duration of flowback, recovered liquids shall be rout more storage vessels or re-injected into the well or another wel recovered gas shall be routed into a gas flow line or collection injected into the well or another well, used as an on-site fuel for another useful purpose that a purchased fuel or raw material with no direct release to the atmosphere. If this is infeasible, the requirements in sub-paragraph (iii) of this paragraph shall be followed. ii. All salable quality gas shall be routed to the gas flow line practicable. In cases where flowback emissions cannot be directe line, the requirements in sub-paragraph (iii) of this section sh iii. Flowback emissions shall be captured and directed to a comp combustion device, except in conditions that may result in a fir explosion, or where high heat emissions from a completion combus may negatively impact waterways. Completion combustion devices m equipped with a reliable continuous ignition source over the dur flowback. iv. Releases to the atmosphere during flowback and subsequent re minimized. v. The requirements of sub-paragraphs (i) and (ii) shall not app 1. Each well completion operation with hydraulic fracturing at meeting the criteria for wildcat or delineation well. 14 2. Each well completion operation with hydraulic fracturing at meeting the criteria for non-wildcat low pressure gas well or no delineation low pressure gas well. q. Soil sampling: Pre- and post-drilling; periodic soil sampli be required for all new Drilling and Production Sites. Soil sam subject to the following requirements: i.Upon application for an Oil and Gas Well Permit, soil sampling conducted prior to the commencement of any drilling at the propo and Production Site to establish a baseline study of site condit minimum of one soil sample shall be taken at the location of any equipment to be utilized at the Drilling and Production Site to existing conditions at the Drilling and Production Site. ii.A licensed third party consultant shall be utilized to collec pre-drilling and post-drilling soil analyses. The cost of such be borne by the Operator. iii.Soil samples must be collected and analyzed utilizing proper laboratory protocol from a United States Environmental Protectio Texas Commission on Environmental Quality approved laboratory. results of the analyses will be addressed to the City and a copy shall be provided to the Operator and surface estate owner. The include the following analyses at a minimum: TPH, VOCs, SVOCs, Barium, Chromium and Ethylene Glycol. iv.Post-drilling soil samples shall be collected and analyzed af of drilling of each well. Subsequent to the drilling of each wel samples shall be taken as determined by the Oil and Gas Inspecto inspection events to document soil quality data at the Drilling Site. Samples shall include, but not be limited to, areas where equipment was located. Results of the analyses shall be provide in Subsection A.2.q.iii. v.Whenever abandonment occurs pursuant to the requirements of th as referenced in 35.22.5.A.6.k, the Operator so abandoning shall production soil sampling within three (3) days after equipment h removed from the Drilling and Production Site to document that t conditions are within regulatory requirements. Results of the a provided as described in Subsection A.2.q.iii. vi.If any soil sample results reveal contamination levels that exceed the minimum state or federal regulatory levels, the City shall submi sample results to the appropriate state or federal regulatory ag enforcement. 15 r. Any rubbish or debris that might constitute a fire hazard sh distance of at least 150 feet from the vicinity of any well, tan s. An Operator shall not maintain or use any pit for storage of oil field fluids, or for storage or disposal of oil and gas wast 3.The following requirements Operations and equipment practices and standards. apply only within City limits. a. Adequate nuisance prevention measures shall be taken to preve offensive odor, fumes, dust, noise and vibration. b. Directional lighting shall be provided for the safety of gas completion and production operations and shall be installed and fashion designed to disturb adjacent developments in the least c. The Operator shall at all times comply with the applicable ru the RRC including but not limited to all applicable Field Rules. d. To address noise concerns, only electric motors shall be used drilling, transferring or blending chemicals, compressing gas, l wells, The Oil and Gas Inspector may approve the use of an alter produces lower noise levels than an electric motor. e. There shall be no venting or flaring of gases in residential by the RRC or TCEQ. If venting or flaring is allowed by the RRC activities shall not be located closer than one thousand (1,000) protected use, unless: (1) a setback variance has been granted p or (2) if practical and if approved by the City Fire Marshal, gr wholly enclosed or screened with a masonry wall. . f. Vehicles, equipment, and machinery shall not be placed or loc and Production Site (or on any public street, alley, driveway, o of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Only Light Sand Fracture Technology or fracture stimulations RRC shall be used to fracture stimulate a well. h. Fracing operation shall be scheduled to occur during daylight Operator has notified the Oil and Gas Inspector that fracing will occur before or after daylight hours to meet safety requirements. i.Pneumatic drilling shall not be permitted. 16 j. Any notices required herein shall be made pursuant to Subsect k. Except in the case of an emergency, gas well flaring shall on during day-time hours. 4. The following requirements apply only within City Storage tanks and separators. limits. a. An Operator is allowed to construct, use, and operate such st separation equipment as shown on the approved Gas Well Develop Plan, except that permanent storage equipment and separation equ exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Site Plan. c. No Drilling and Production Site is allowed in the FEMA design (100) year floodway. A Drilling and Production Site is allowed w thousand two hundred (1,200) feet of the flood pool elevation of Roberts or Lake Lewisville with an approved Specific Use Permit. d. No storage tanks or separation facilities shall be placed in other ESA except in accordance with Subsection 35.22.5A.8. . 5. Flow lines and gathering lines. a. Each Operator shall place pipeline marker sign at each point gathering line crosses a public street or road. b. Each Operator shall place a warning sign for lines carrying H Sulfide) gas as required by the Railroad Commission. c. All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems transport oil, gas, and/or water shall be limited to the maximum operating pressure applicable to the pipes installed and shall b least the minimum cover or backfill specified by the American Na Institute Code, as amended. 6. The provisions of this section Additional safety and environmental requirements. shall apply within the corporate limits of the City of Denton. a. The drilling and production of gas and accessing the Drilling shall be in compliance with all state and federal environmental gas well development or activity is allowed in the FEMA designat (100) year floodway. Drilling within Flood Fringe or other ESA s 17 Map adopted by the City is allowed under the restrictions set fo 35.22.5A.8. . b. Erosion and sediment control practices shall be conducted for Operator shall comply with the Erosion and Sediment Control Plan by the City. c. As an exception to 35.22.5.A.6.a. or a Specific Use Permit re gas wells may have a target location or bottom-hole location tha floodway, an ESA or within one thousand two hundred (1,200) fee pool elevation of lake Ray Roberts or Lake Lewisville when the g directionally from a location outside such areas. d. Each well shall be equipped with an automated valve that clos event of an abnormal change in operating pressure. All wellheads emergency shut off valve to the well distribution line. e. Each storage tank shall be equipped with a level control devi automatically activate a valve to close the well in the event of accumulation in the tank. f. All storage tanks shall be anchored for stability. g. All storage tanks shall be equipped with either steel or conc containment systems including lining with an impervious material containment system shall be of a sufficient height to contain on (1½) times the contents of the largest tank in accordance with t pots shall be provided at pump out connections to contain the li storage tank. h. Outside storage areas shall be equipped with a secondary cont designed to contain a spill from the largest individual vessel. rainfall, secondary containment shall be designed to include the twenty-four (24)-hour rainfall as determined by a twenty-five (2 provisions shall be made to drain accumulations of ground water i. Drilling and Production Sites shall be equipped with a ligh system, in accordance with the City’s Fire Code and the National Association’s NFPA-780. In addition, tank battery facilities sh with a remote foam line and a lightning arrestor system. j. A Hazardous Materials Management Plan shall be on file with t Any updates or changes to this plan shall be provided to the Fir three (3) working days of the change. All chemicals and/or hazar shall be stored in such a manner as to prevent, contain, and fac remediation and cleanup of any accidental spill, leak, or discha 18 material. Operator shall have all material safety data sheets (M hazardous materials on site. All applicable federal and state re requirements for the proper labeling of containers shall be foll pollution prevention actions shall be required and include, but chemical and materials raised from the ground (e.g., wooden pall storage, installation and maintenance of secondary containment s protection from storm water and weather elements. k. All wells shall be plugged and abandoned in accordance with t RRC; however, all well casings shall be cut and removed to a dep (10) feet below the surface unless the surface owner submits a w otherwise. Three (3) feet shall be the minimum depth. In additi shall: i. Submit a copy of its RRC Form W-3A (Notice of Intention to Abandon) and Form W-3 (Plugging Record) to the Inspector within business days of filing with the RRC; ii. Notify the Oil and Gas Inspector of the intention to plug a at least twenty-four (24) hour prior to commencing activities; a iii. Submit to the Oil and Gas Inspector the surface hole locati acceptable Geographic Information System (GIS) format to accurat and track well locations. The GIS data may be submitted with an Well Permit application or with the annual administrative report of GIS location data is only required once. iv. Submit a copy of a soil sampling analysis as required by Sub 35.22.5.A.2.q. l. Operators must close each Drilling and Production Site in a m minimizes the need for care after closure. To achieve this requ shall be reclaimed to the condition identified on the Site Recla nearly as practicable. In the event development encroaches up t after drilling and production activities, a reasonable rehabilit be approved by the City to ensure the reclaimed site is compatib surrounding properties. m. No gas well drill sites shall be allowed on slopes greater th n. No Class II injection wells shall be located within the City o. No gas well permit will be issued for any well where the Dril Site is located within one thousand (1,000) feet of an existing unless a variance, or consent from neighboring property owners, obtained per 35.22.5.A.1. 19 p. Pits shall always be operated with a minimum of at least two above the contents within it. q. For safety reasons, fencing shall be installed to restrict ac other type of open pit utilized in gas well drilling operation a the corporate limits of the City. r. Drip pans, catchment basins and other secondary containment d absorbing materials shall be placed or installed underneath all pumps, lubricating oil systems, engines, fuel and chemical stora valves, connections, and any other areas or structures that coul discharge, or otherwise spill hazardous or solid materials. . s. After the well has been completed, or plugged and abandoned, clean and repair all damage to public property caused by such op thirty (30) days. t. After any spill, leak or discharge, the Operator shall remove removed all contamination and associated waste materials. Clean- shall begin immediately. u. The Drilling and Production Site and site access road shall a free of debris, pools of water or other liquids, contaminated so trash or other waste material outside the Drilling and Productio v. All pits associated with Drilling and Production Sites shall requirements. i. The type of pit used in drilling operations shall be specifie permitting. The Oil and Gas Inspector may perform a contaminatio assessment for any reserve pit, completion/work-over pit, drilli disposal pit, fresh makeup water pit, mud circulation pit, washo condensate pit. The following concentrations for contaminants wi determine if contamination exists within any materials in the pi Compound Concentration limit TPH15 mg/L BTEX500 µg/L 20 Benzene50 µg/L From 30TAC 321.131.138 If concentrations exceeding these values are detected, the opera remove, cause to be removed, or otherwise remediate contaminants the limits provided herein. Cleanup operations shall begin immed Cleanup activities that do not begin within twenty-four (24) hou notification by the oil and gas inspector shall be considered a Subchapter. ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud systems and oil-based mud systems are prohibited. iii. Chloride content of fluids held in pits may not exceed thre milligrams per liter. iv. No metal additives may be added to any drilling fluids. v. All fluid produced from the well during completion of product held in enclosed containers while stored on the property. vi. All fluids shall be removed ("de-watering") from the pits wi days of completion of drilling operations. vii. The pit and its contents shall be removed from the premises days after completion of the drilling of a well; provided, howev permittee may apply for a ninety (90)-day extension from such re based on showing of good cause, necessity to maintain said pit, weather, or other factors. The City may designate a period of ti the ninety (90)-day extension set out herein. w. All pits shall be backfilled in accordance with the following Director of Planning and Development may grant permission for a the site if the surface property owner submits a written request i. Reserve pits and mud circulation pits shall be dewatered wi and backfilled and compacted within ninety (90) days of cessatio drilling activities. ii. All completion/workover pits used when completing a well sh dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of well completion. 21 iii. All completion/workover pits used when working over a well dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of completion of re-work opera iv. Basic sediment pits, flare pits, fresh mining water pits, a condensate pits shall be dewatered, backfilled, and compacted wi hundred and twenty (120) days of final cessation of use of the p x. Each operator must submit to the City a water conservation pl The plan must provide information in response to each of the fol i. A description of the use of the water in the production proce the water is diverted and transported from the source(s) of supp water is utilized in the production process, and the estimated q consumed in the production process and therefore unavailable for discharge, or other means of disposal; ii. If long-term, five (5) to ten (10) years, water storage is a five-year and ten-year targets for water savings and the basis f development of such goals; iii. A description of the device(s) and/or method(s) within an a minus 5.0% to be used in order to measure and account for the am water diverted from the source of supply; iv. Leak-detection, repair, and accounting for water loss in the system; v. Application of state-of-the-art equipment and/or process modi improve water use efficiency; and vi. Any other water conservation practice, method, or technique shows to be appropriate for achieving the stated goal or goals o conservation plan. y. No gas well drilling and production shall be permitted withi (1,200) feet of the flood pool elevation of Lake Ray Roberts or unless the Operator first obtains a SUP. 7. Supplemental drilling. a. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the conditions for the applicable S or underlying zoning classification that permits gas development operator shall provide the Oil and Gas Inspector a copy of addit that allow drilling to a deeper depth. 22 b. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the approved Gas Well Permit for th with the City. 8. Watershed Protection Requirements for Wells located in Flood ESA's. The standards in this subsection are adopted pursuant to the aut Texas Local Government Code, Section 551.002 and are intended to adverse impacts on areas within the Flood Fringe or ESA, reduce lessen the potential for contaminating surface water or any wate a. The provisions of 35.22.5A.6 and 35.22.5A.8 shall apply to a Drilling and .. Production Site required to have a Watershed Protection Permit w corporate limits of the City of Denton. The provisions of 35.2 to a Drilling and Production Site required to have a Watershed P located within the corporate limits of the City of Denton or wit City of Denton. b. Drilling and Production Sites shall be located outside ESAs w to minimize adverse impacts on these areas, reduce flood damage, potential for contaminating surface water or any water supply. c. Prior to location of any gas well in the Flood Fringe or ESA, or applicant shall first obtain approval of an application that the Application Criteria Manual for a Watershed Protection Permi comply with the provisions of 35.22.5. d. A Watershed Protection Permit containing an ESA assessment of Production Site shall be approved by the Department of Environme i.For all ESAs prior to the approval of a Gas Well Development 1. If a riparian buffer is designated as "fair" to "excellent" designated protective stream buffer width as specified in Subcha the Denton Development Code shall apply, and no encroachments sh allowed. 2. Within all areas except unstudied floodplains, if the stream as a "poor" ESA, the designated width of the protective stream b `shall be decreased by either fifty (50) percent or to the limit floodway whichever is greater, but in no instance shall the prot stream buffer width be decreased below twenty-five (25) feet mea each direction from the centerline of the existing channel. 23 ii. For all flood fringe ESAs prior to the approval of a Gas Wel Site Plan or Plat. e. Tree mitigation for gas wells located in an ESA shall be requ calculated on a one to one replacement value for one hundred (10 dbh of trees removed from the Drilling and Production Site. Tree be accomplished by planting replacement trees, within a floodpla site with similar tree species or by payment into a Tree Mitigat Mitigation Funds that are specific to ESA's will be kept separat Mitigation Funds and will only be used to either acquire wooded riparian property that remains in a naturalistic state in perpetuity, or to purchase conservation easements within riparian or floodplain areas. Fund purchase, plant, and maintain trees on public property, as long property is within a riparian area or floodplain. f. The Watershed Protection Permit application shall contain the information and such information as may be required by the Devel Committee which is reasonably necessary to review and determine proposed development and required facilities meet the requiremen Subchapter and as required by the Application Criteria Manual. T that is required for the Watershed Protection Permit shall inclu limited to: i.A Tree Inventory Plan shall show the location of ESAs on any p Drilling and Production Site. ii. Any request to remove tree(s) shall be accompanied by a lett certified geologist or engineer that indicates why the well site located to avoid the trees. If Operator has chosen to pay into Mitigation Fund, such funds shall be paid prior to final approva and Production Site within an ESA. iii. Show location of ESAs on proposed Drilling and Production S g. Only one (1) well head may be placed in the Flood Fringe or E following conditions: i. Storage tanks or separation facilities shall be constructed (18) inches above the established Base Flood elevation plus the depth for encroachment to the limits of the floodway having a on chance of being equaled or exceeded in any year. ii. A hydrologic and hydraulic engineering study shall be perfor Registered Professional Engineer. The study shall be submitted to the Engineering Department in a technical report for review by the C or his designated representative. The report shall demonstrate t 24 proposed facilities will have no adverse impacts on the carrying the adjacent waterway nor cause any increases to the elevations for the floodplain. When the Special Flood Hazard Areas (SFHA) o subject site is designated as "Zone A" on the FIRM Panel, or the identified on the FIRM Panel, the following approximate method m to evaluate the impacts from gas well development. A flow rate s calculated using procedures set forth in the City of Denton Drai Manual. Using Manning's Equation with an estimate of the average the stream, measurements of a single irregular cross-section geo well site, and the one hundred (100) year discharge rate, the av and normal depth may be calculated. Calculations shall be provid unaltered existing channel cross-section and for the proposed mo channel cross-section and submitted to the City for review and a to construction within these areas. iii. No more than ten (10) percent of the floodplain, within the Well Development Site Plan or Gas Well Development Plat, may be h. If evidence from water quality monitoring efforts indicates t occurring from gas wells, the Operator shall remove, cause to be otherwise remediate contamination, as required by the oil and ga including but not limited to Waste Minimization Practices establ RRC. Cleanup operations shall begin immediately. A re-inspection charged as established by the City Council and published in the Criteria Manual. B. Drilling and Production Sites shall comply with all federal, applicable to gas well drilling, production and operations. C. Noise Management Standards. The following standards apply to production in the City limits. 1. The Operator shall submit with its Gas Well Site Plan a conti hour pre-drilling Ambient Noise Level measured three hundred (30 boundaries of the Drilling and Production Site. The seventy-two shall include at least one (1) twenty-four-hour reading during e Sunday. 2. No gas well drilling equipment, production equipment, re-dril other associated equipment shall be operated at any Drilling and within the City in such a manner so as to create any noise level (65) decibels. The dB level shall be measured at a distance of one thousand (1 boundaries of the Drilling and Production Site or one hundred (1 25 any Protected Use setback line, whichever distance is nearer to Production Site. 3. The distances described in 35.22.5.C.2 shall be measured from Drilling and Production Site depicted on the Gas Well Developmen Development Site Plan, in a straight line, without regard to int objects, and outward from the boundary of the Drilling and Produ 4.If the ambient noise level that was established and submitted accordance with 35.22.5.C.1 is higher than the levels set forth noise generated from the Drilling and Production Site may not e ambient noise level by more than five (5) decibels during daytim decibels during nighttime hours, except as provided by 35.22.5.C 5. The following adjustments to the noise standards as set forth intermittently during daytime hours only, except in the case of Maximum Permitted Increase above 65 dB or established ambient, Maximum Duration ambient exceeds 65 dB (minutes)* 10 dB 5 minutes 15 dB 1 minute 20 dB Less than 1 minute *Cumulative minutes during any one hour. 6. Acoustical blankets, sound walls, mufflers or other alternati by the City may be used to ensure noise limitation compliance. A shall comply with accepted industry standards and be subject to 7. The sound level meter used in conducting noise evaluations sh National Standard Institute's Standard for sound meters or an in associated recording and analyzing equipment which will provide equivalent data. 8. The noise level generated during gas drilling activities shal monitored by the Operator to ensure compliance with the noise li established herein, if the Drilling and Production Site is withi 26 feet of a Protected Use. The cost of such monitoring shall be bo In addition, the Operator shall also provide the following data: i. The continuous noise monitoring data shall include an audio identify the source of sound level fluctuations throughout the l continuous noise monitoring equipment shall be capable of remote real-time noise and audio data in a format acceptable to the Ins the real-time data shall be made available to the Oil and Gas Inspector; ii. The continuous noise monitoring data shall be summarized in and submitted to the Oil and Gas Inspector each Monday for the p through Sunday reporting week, which may be combined with the su week if the number of monitoring days for any given week is thre The report shall be in an electronic format or other format spec Gas Inspector. The weekly report shall contain all noise data, tones and low frequency readings, and shall be averaged in twent intervals; and iii. The weekly noise report shall state whether the Drilling a compliance with acceptable noise standards. If the report identifies that the Drilling and Production Site is not compliant, then the report s measures being taken to return the site to compliance and the ti implementing these remedial measures. 9. For Drilling and Production Sites not continuously monitored, received after the commencement of drilling activities by either City, the Operator shall immediately upon receipt of the complai monitor the exterior noise level generated by the gas well drilling or production for a seventy-two (72) hour period and take the action necessary to ab violation exists. The monitoring shall be performed in accordan and ii. 10. In the event of a violation of this subsection, the City may citation to the Operator for the violation. 35.22.6. - Gas Well Development Site Plan and Watershed Protecti A. Applicability. 1. A Gas Well Development Site Plan shall be approved for any la limits before a Gas Well Permit may be issued or any gas well dr activities may occur. Approval of a Gas Well Development Site Pl processing of a complete application for a Gas Well Permit. If he Watershed Protection Permit application shall accompany the appl Development Site Plan or Gas Well Development Plat, but shall be 27 2. A Watershed Protection Permit shall be approved prior to appr Development Site Plan, Gas Well Development Plat, or Gas Well Pe land in any floodplain or ESA within the corporate limits of the Watershed Protection Permit authorizes the processing of a compl Gas Well Development Site Plan or Gas Well Development Plat, as that includes land in a floodplain or ESA. B. Application Requirements—Gas Well Development Site Plan. 1. An application for a Gas Well Development Site Plan shall not complete or deemed complete until: a. Any required Specific Use Permit has been approved by the Cit b. A complete application for a Watershed Protection Permit, whe been filed with the City pursuant to this subchapter. Any condit approval of the Watershed Protection Permit shall be deemed inco the conditions of approval for the Gas Well Development Site Pla 2. Approval of a Gas Well Development Site Plan authorizes the h Site Plan to apply for a Gas Well Permit. 3. An application for a Gas Well Development Site Plan, in addit forth in Subsection 1, shall: a. Clearly delineate the boundaries of the gas well drilling or metes and bounds description, and list the exact acreage of the drilling and production activities shall be limited to this area b. Identify all ingress and egress points. c. Show the location of all floodplains and ESAs. d. Show the location of all freshwater wells currently in use at the time of filing of the application within one thousand (1,000) feet of the Drilling Site. e. Show the location of all structures with a protected use with (1,000) feet of the Drilling and Production Site; f. Identify and show proposed method of erosion and sediment con g. Identify the location of proposed lease lines; h. Identify the location of all proposed gas wells, mud pits, po equipment; 28 i.Label distances between gas wells and property lines; j. Provide site specific well schematics showing layout during d completion of drilling; k. Show location of all existing and proposed underground pipeli drawings shall be filed with the City (in a digital form as spec and as a condition of maintaining the annual operating permit). proposed in public rights-of-way shall require a Right-of-Way Us The City Manager shall have the authority to enter into a Right- Agreement; l. Show the location of all pipelines and identify if pipelines connect with a Gas Distribution System; m. Identify the height, size, bulk and location of all structure dehydrators, parking areas, security cameras, lighting, tanks, t rigs, separators, compressors, perimeter walls, utilities, and a objects contemplated within the boundaries of the gas well drill area; n. Provide a Tree Protection Plan demonstrating compliance with Preservation Code; o. Provide a Signage Plan, complying with this Subchapter for bo and pipelines; p. A Screening, Fencing, and Landscape Plan, in accordance with established for Industrial land uses in Subchapter 13 of the DDC compliance with all landscape and screening measures to be taken irrigate all landscaping including the water source for irrigati efforts to replace dead or dying screening vegetation; and q. A Noise Mitigation Plan that includes: i.A description of the proposed facility/operation; ii.The established ambient noise level; iii.An analysis of any significant sources of noise generated on Production Site; and iv.An analysis of any abatement measures necessary to bring the activity into compliance with the City’s noise standards. 29 r. A Site Reclamation Plan that establishes the existing conditi prior to drilling activities. The Site Reclamation Plan shall and Post-Closure Plans. i. Closure Plan. Site closure includes well plugging and abandon equipment removal, and site clean-up. This plan should describe Drilling and Production Site will be closed, how the proposed fi closure will be achieved, and a detailed description of the clos ii. Post-Closure Plan. Post-closure care includes any subsequent necessary to minimize the need for care after closure and should anticipated work activities necessary to achieve this objective. s. The Operator shall submit an Erosion and Sediment Control Pla with the applicable City Criteria Manual. t. The Operator shall notify all private freshwater well owners in writing that they have the right to have their wells tested. Proof of such writte submitted to the City as part of the Site Plan application. Exceptasprovidedinsubsection35.22.6.B.3.u.iiibelow,areportdetailingall privatewaterwellswithin1,500feetoftheDrillingandProductionSite’s boundaryandmethodforwhichsuchinformationwasobtained.Thereport shouldincludefreshwaterwellsamplingpre-drillinganalysisthatmeetsthe followingrequirements: i.Water sampling must be collected and analyzed in accordance with established federal sampling and laboratory protocol. All labor TCEQ or EPA certified laboratories. Pre-approval by the City’s Environmental Services Director, or designee, of all sampling me preservationtechniques, analytical methods and contract laboratories is required. This information is required to be submitted with the Permit application. ii.At a minimum, the following parameters shall be tested for: meth chloride, sodium, barium, strontium, total dissolved solids, total suspended solids, and pH. Other parameters may be required at the discret City’s Environmental Services Director, or designee. iii.This freshwater well sampling requirement may be partly or entird if a well(s) is(are) abandoned, or if one or more of the freshwater within 1,500 feet of the Drilling and/or Production Site deny th request to have the well(s) sampled. The Operator must produce evidence to supportthat the well(s) is(are) abandoned or that their sample request(s) was(were) denied by the freshwater well owner(s). 30 u. The Operator shall submit a deed, lease, contract or similar evidencing the location of the Drilling and Production Site, whi be filed with the County Records Department upon approval of the Development Site Plan. v. The Operator shall provide a copy of its Emergency Action Pla prepare one pursuant to federal or state law. w. Any other information deemed necessary by the Oil and Gas Ins compliance with these standards. C. Processing of Applications. 1. An application for a Gas Well Development Site Plan shall be manner for an application for a gas well development plat, as pr 35.16.19 of the DDC. , and shall be decided by the Oil and Gas Inspector 2. A Watershed Protection Permit shall be processed in accordanc a. All applications for Watershed Protection Permits shall be fi Department, who shall immediately forward all applications to th review. Incomplete applications shall be returned to the applica the City shall provide a written explanation of the deficiencies applicant. The City shall retain a processing fee determined by The City may return any application as incomplete if there is a before the Railroad Commission regarding the determination of th application shall be deemed accepted for filing until the applic b. The DRC may attach such conditions to approval of a Watershed Permit as are necessary to assure that the requirements of Subse met. c. Each Watershed Protection Permit approved by the DRC shall: i.Identify the name of each well subject to the permit; ii.Specify the date on which the Permit was issued; iii.Incorporate by reference all applicable standards of approva iv. Incorporate by reference all applicable conditions of approv D. Criteria for Approval. 1.No Gas Well Development Site Plan shall contain more than one Production Site, and the Drilling and Production Site shall not 31 acres in size. All standards in Section 35.22.5 shall be met, an to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 2. The following standards apply to an application for a Watersh a. For land inside the City limits, all conditions imposed by an MPC District or a PD District for the land subject to the Waters Permit. b. Standards in Subsection 35.22.5A.6 and 35.22.5A.8. .. 3. An Operator shall submit an amended Gas Well Development Site approval if the items required by 35.22.6.B.3, subsections b., different than those contained in the earlier approved Gas Well Plan. The Oil and Gas Inspector shall review the amended Gas We Site Plan in accordance with this Subsection D. E. Expiration. 1. A Gas Well Development Site Plan shall automatically expire o date of approval, unless a Gas Well Permit has been issued by th site. a. A Gas Well Development Site Plan shall not be extended unless exception has been approved by the Board of Adjustment pursuant 35.22.16. The applicant may submit a new Gas Well Development Si application for review and approval in accordance with all appli requirements of the DDC then in effect. b. If the Gas Well Development Site Plan expires, then all permi or simultaneous with the site plan for the same activity shall l the same date. 2. An associated Watershed Protection Permit shall expire with t Well Development Site Plan and may not be extended prior to expi 35.22.7. - Gas Well Permit Required. A. Any person, acting for himself or acting as an agent, employe or servant for any person, shall not engage in the drilling and within the corporate limits of the City without first obtaining under this Subchapter. B. When a Gas Well Permit has been issued covering a well, the P authority for drilling, operation, production, gathering of prod 32 re-working, testing, site preparation consisting of rigs or tank abandonment, and any other activity authorized by this Subchapte drilling or production by the Operator and their respective empl contractors. A Gas Well Permit shall also constitute authority f of all facilities reasonably necessary or convenient in connecti gathering lines and discharge lines, by the Operator and its res contractors and subcontractors. C. A Gas Well Permit shall not be required for exploration for g geologic or geophysical activities, including, but not limited t exploration, related to the search for oil, gas, or other sub-su seismic permit is required for impact-based exploration. D. A Gas Well Permit shall not, however, constitute authority fo of a plugged and abandoned well. Re-entry and drilling of a plug shall require a new Gas Well Permit. E. Applications for Gas Well Permits shall be in accordance with 1. Shall be in writing; 2. Shall be on forms provided by the City; 3. Shall be signed by the Operator; 4. Shall include the application fee; 5.Shall include a copy of the applicable SUP, PD District, or Ga Site Plan; and 6. Shall include the information required by the Application Criteria Manual unless such information has been previously provided to the City. 35.22.8. - Insurance and Indemnification. The Operator shall provide or cause to be provided the insurance well for which a Gas Well Permit is issued, such insurance to co abandoned and the site restored. The operator may provide the re "blanket basis for multiple wells". Such coverage shall be appro the City of Denton. A. General Requirements. Indemnification and Express Negligence Pro 1. Each Gas Well Permit issued by the City shall include the fol Operator does hereby expressly release and discharge, all claims judgments, and executions which it ever had, or now have or may 33 may have, or claim to have, against the City of Denton, and/or i agents, officers, servants, successors, assigns, sponsors, volun created by, relating to or arising out of personal injuries, kno injuries to property, real or personal, or in any way incidental the performance of the work performed by the operator under a Ga the Operator caused by or arising out of, that sequence of event the Gas Well Permit, and work performed by the Operator shall fu indemnify, and hold harmless the City of Denton, Texas, and/or i agents, officers, servants, employees, successors, assigns, spon from and against each and every claim, demand, or cause of actio liability, damages, obligations, judgments, losses, fines, penal expenses incurred in defense of the City of Denton, Texas, and/o agents, officers, servants, or employees, including, without lim injuries and death in connection therewith which may be made or Operator, its agents, assigns, or any third parties on account o any way incidental to or in connection with the performance of t by the Operator under a Gas Well Permit and, the Operator agrees hold harmless the City of Denton, Texas, and/or its departments, agents, servants, employees, successors, assigns, sponsors, or v liabilities or damages suffered as a result of claims, demands, against the City and/or, its departments, it's officers, agents, created by, relating to or arising out of the acts or omissions occurring on the Drilling and Production Site or operation site of inspecting and permitting the gas wells INCLUDING, BUT NOT LI CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not renewed without thirty (30) days advanced written notice to the except when this policy is being cancelled for nonpayment of pre ten (10) days advance written notice is required". 34 3. Liability policies shall be written by carriers licensed to d with companies with A: VIII or better rating in accordance with Rating Guide, or with nonadmitted carriers that have a financial carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the Cit employees, and volunteers. 5. Certificates of insurance shall be presented to the City evid endorsements required by this Section 35.22.8, and the acceptanc without the required limits and/or coverage's shall not be deeme requirements. 6. Claims made policies will not be accepted except for excess p otherwise provided by this Subchapter. B. Required Insurance Coverages. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of one mil ($1,000,000) per occurrence for Bodily Injury and Property Damag coverage shall include premises, operations, blowout or explosio completed operations, blanket contractual liability, underground broad form property damage, independent contractors protective l personal injury. b. Environmental Impairment (or Seepage and Pollution) shall be the coverage or written as separate coverage. Such coverage shal damage to the lease site. If Environmental Impairment (or Seepag Coverage is written on a "claims made" basis, the policy shall p retroactive date applicable precedes the effective date of the i Permit. Coverage shall apply to sudden and non-sudden pollution resulting from the escape or release of smoke, vapors, fumes, ac chemicals, liquids or gases, waste material or other irritants, pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit dollars ($1,000,000) per occurrence for Bodily Injury and Proper coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum s requirements, coverage shall include Employer's Liability limits hundred thousand dollars ($100,000) for each accident, one hundr ($100,000) for each employee, and a one million dollars ($1,000, occupational disease, and the insurer agrees to waive rights of 35 City, its officials, agents, employees, and volunteers for any w City by the operator. 4. Excess (or Umbrella) Liability Insurance. Minimum limit of te ($10,000,000) covering in excess of the preceding insurance poli 5. Control of Well Insurance. a. Minimum limit of five million dollars ($5,000,000) per occurr b. Policy shall cover the Cost of controlling a well that is out or Restoration expenses, Seepage and Pollution Damage. Damage to the Operator's Care, Custody, and Control with a sub-limit of fi thousand dollars ($500,000) may be added. 35.22.9. - Security. A. A security instrument that covers each well shall be delivere Inspector before the issuance of the Gas Well Permit for the wel provide that it cannot be cancelled without at least thirty (30) the City and, if the instrument is a performance bond, that the without at least ten (10) days' prior written notice for non-pay instrument shall secure the obligations of the operator related to the well to: 1. Repair damage, excluding ordinary wear and tear, if any, to p but not limited to bridges, caused by the operator or by the ope agents, contractors, subcontractors or representatives in the pe activity authorized by or contemplated by the Gas Well Permit; 2. Comply with the insurance and security provisions set forth i Section 35.22.9; 3. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas Well Permit; and 4. Comply with Site Reclamation requirement. B. The security instrument may be in the form of an irrevocable bond issued by a bank or surety approved by the City. The instru City for the benefit of the City, shall become effective on or b Permit is issued, and shall remain in effect until the well is a restored. C.A certificate of deposit may be substituted for the letter of certificate shall be issued by a bank in Denton County, Texas, s City, shall be payable to the order of the City to secure the obligations of the Operator 36 described above, and shall be pledged to the bank with evidence the Director of Planning and Community Development. Interest on the certificate shall be payable to the operator. E.The security instrument may be provided for an individual well each Drilling and Production Site. The amount of the security sh City Engineer, with due regard to the costs and risks to be secu above, either on a per-application basis, or as administratively in the Application Criteria Manual, in the minimum amount of on dollars ($100,000.00) for a single well on the site, two hundred ($200,000) for two (2) to four (4) wells on the same site, or t dollars ($300,000.00) for 5 or more wells on the same site. Th when the Oil and Gas Inspector confirms in writing that one of t occurred: 1. The Gas Well Permit is transferred, and the Operator-transfe security that complies with this section; or 2. The well is plugged and abandoned and the site restored. F. An appeal of the determination of the amount of security req may be made to the Planning and Zoning Commission for recommenda Council for final determination of the amount of security. 35.22.10. - Review of Permits for Gas Well Drilling and Producti A. All applications for Gas Well Permits shall be filed with the immediately forward all applications to the DRC for review. Inco shall be returned to the applicant, in which case the City shall explanation of the deficiencies if requested by the applicant. T processing fee determined by ordinance. The City may return any incomplete if there is a dispute pending before the Railroad Com determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval o 1. A SUP, where required, a Detailed Plan in a PD district, or a authorization in a MPC district; 2. A Watershed Protection Permit, where applicable; and 3. A Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be conditional approval of the Gas Well Permit. 37 B. The DRC shall review each application consistent with the pro and shall determine: 1.Whether the application includes all of the information requir 2.Whether the application is in conformance with the applicable Development Site Plan, applicable SUP, MPC Zoning District or PD and 3. Whether the application is in conformance with the insurance requirements set forth in Subsection 35.22.8 and Subsection 35.2 . C. The Oil and Gas Inspector may not release the approved Gas We Operator has provided: 1. The security required by Subsection 35.22.9; 2. Upon the Operator entering into a Road Damage Remediation Ag obligate the operator to repair damage excluding ordinary wear a public streets, including but not limited to, bridges caused by operator's employees, agents, contractors, subcontractors or rep performance of any activity authorized by or contemplated by the Permit; and 3.A copy of the recordable instrument filed with the County Reco required by Subsection 35.22.6.B.3.u. D.The failure of the DRC or the Oil and Gas Inspector to review and issue a Gas Well Permit within the time limits specified above shall not cause th Permit to be deemed approved. E. Each Gas Well Permit issued by the Oil and Gas Inspector shal 1. Identify the name of each well and its Operator; 2. Specify the date on which the Oil and Gas Inspector issued ea 4.Specify the date by which drilling shall commence, otherwise t (such date shall not be less than 6 months after the date of iss 4. Specify that if drilling is commenced before the Permit expir continue until the well covered by the Permit is abandoned and t 5. Incorporate, by reference, the insurance and security require Subsection 35.22.8 and Subsection 35.22.9 ; 38 6.Incorporate, by reference, the requirement for periodic report 35.22.11 and for Notice of Activities set forth in Subsection 35 7.Incorporate the full text of the release of liability provisio 35.22.8.A.1; 8.Incorporate, by reference, the conditions of the applicable Wa Permit, Gas Well Development Site Plan, and applicable SUP, MPC or PD Zoning District, and Gas Well Ordinance applicable at the well drilling and production project; 9.Incorporate, by reference, the information contained in the Pe 10.Incorporate, by reference, the applicable rules and regulatio the applicable "field rules"; 11.Specify that no drilling operations (including the constructi access roads) shall commence until the operator has provided the Subsection 35.22.9; 12.Contain the name, address, and phone number of the person des notices from the City, which person shall be a resident of Texas person or by registered or certified mail; 13.Incorporate by reference all permits and fees required by the 14.Incorporate the well’s RRC permit number and the American Pet (API) number; 15.Incorporate, by reference all other applicable provisions set 16.Contain a notarized statement signed by the Operator, or desi information is, to the best knowledge and belief of the Operator and correct. 17.Contain a statement that the Operator is required to comply w and state laws and regulations, which the City will verify compliance as part of its periodic inspections. F. The decision of the Oil and Gas Inspector to deny an applicat shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. G. If an application for a Gas Well Permit is denied by the Oil herein contained shall prevent a new Permit application from bei for the same well. 39 H. Expiration of Gas Well Permit. 1. A Gas Well Permit is valid for six (6) months and shall autom gas well drilling and production have commenced prior to expirat 2. If a Gas Well Permit has been issued by the City but gas well have not commenced prior to the expiration of the permit, the pe extended unless a special exception has been approved by the Boa pursuant to 35.22.16; however, the Operator may reapply for a ne 3. If gas well drilling and production have commenced prior to t Well Permit issued by the City, the permit shall continue, and O subject to an Annual Inspection and Administration fee. 4. If gas well drilling and production have commenced following Permit by the City before the expiration date, the approved Dril Site and all activities shall be subject to inspections by the C with terms and conditions of the Gas Well Permit and all applica DDC. 35.22.11. - Periodic Reports. A. The Operator shall notify the Oil and Gas Inspector of any ch information within one (1) business day after the change occurs. 1.The name, address, and phone number of the Operator; 2.The name, address, and twenty-four (24)-hour phone number of t supervisory authority over the Drilling and Production Site; 3.The name, address, and phone number of the person designated t from the City, which person shall be a resident of Texas that ca or by registered or certified mail; and 4. The Operator's Emergency Action Plan if required to file one state law. B. The Operator shall provide a copy of any "incident reports" o submitted to the RRC or any other state or federal agency within operator has notice of the existence of such reports or complaints. This includes the recording of both reportable and non-reportable events as noted Code, Title 30. C. Beginning the January after each well is spud, and continuing until the operator notifies the Oil and Gas Inspector that the well has been plugged and 40 abandoned and the Drilling and Production Site restored, the ope written report to the Oil and Gas Inspector identifying any chan was included in the application for the applicable Gas Well Perm previously reported to the City. D. The Operator must provide a copy to the Oil and Gas Inspector with the TCEQ in connection with an installed vapor recovery uni 35.22.5.A.2.n. The Operator shall also provide the City with co provided by TCEQ. Such reports and responses shall be kept on t Production Site and shall be available for inspection when reque Inspector. E. The Operator shall provide the City with copies filed with t reports for setting surface casing, blowout preventer (BOP) pres testing, pressure relief valve testing, and level control testin provide the City with copies of any responses provided by the RR reports and responses shall be kept on the Drilling and Producti available for inspection when requested by the Oil and Gas Inspe F. The Operator shall submit a copy of a soil sampling analysis 35.22.5.A.2.q upon request by the Oil and Gas Inspector. G. In addition to the records listed in Subsections 35.22.5.A.6. Operator shall provide the City with a copy of all records filed by the Operator or by third parties. Copies of such records sha and Production Site and shall be available for inspection when r Gas Inspector. 35.22.12. - Notice of Activities. A. Any Operator who intends to perform the following activities work a well using a drilling rig; (3) to fracture stimulate a we operations; (5) plug a well; (6) perform any other maintenance at a Drilling and Production Site; or (7) to conduct seismic exploration not invol shall give written notice to the City at least two (2) days bef Damage Remediation Fees shall be paid to the City and submitted Activities. B. All dwellings within one thousand (1,000) feet of a well shal forty-eight (48) hours prior to the activities. 1. The notice shall identify where the activities will be condu activities in reasonable detail, including but not limited to th and the time of day they will be conducted. 41 2.The notice shall also provide the address and twenty-four (24) the person conducting the activities. C. The Operator responsible for the activities shall post a sign and Production Site giving the public notice of the activities, and twenty-four (24)-hour phone number of the person conducting D. If upon receipt of the notice the City determines that an ins Inspector is necessary, the operator will pay the City's customa inspection. E. Surface Casing. 1. The Operator shall notify the Inspector within 24 hours of s 2. Casing procedures shall follow RRC Rule 3.13, or any success F.If a proposed Drilling and Production Site is located within o protected use, the Operator shall also host a public meeting at convenient to surrounding property owners and residents at least more than forty-five (45) days, prior to either: (1) the public and Zoning Commission in connection with an SUP application, or a Gas Well Development Site Plan if an SUP is not required. The written notice of the meeting to all property owners located wit feet of the proposed Drilling and Production Site. A mailing li property and property owner shall be submitted to the Oil and Ga compliance with this requirement. The meeting should provide in planned activities and timelines for the site and must provide a to ask questions about the proposed site. All notification and borne by the Operator. G.All surrounding property owners, businesses and residents with feet of a Drilling and Production Site shall be notified a minim hours prior to fracturing of a wellhead. In addition, at least fracturing operations commence, the Operator shall post a sign a advising the public of the date the operations will begin and se 35.22.13. - Amended Gas Well Permits. A. An Operator may submit an application to the Oil and Gas Insp Gas Well Permits to: 1. Commence drilling from a new drill site that is not shown on reference as part of) the existing permit; 42 2. To relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing Gas Well Permit; or 3. To otherwise amend the existing Gas Well Permit, for land sub approved Gas Well Development Site Plan. B. Applications for amended Gas Well Permits shall be in writing provided by the Department of Planning and Development, shall be operator, and shall include the following: 1.The application fee as set by City ordinance; 2.A description of the proposed amendments; 3.Any changes to the information submitted with the application Well Permit (if such information has not previously been provide 4.Such additional information as is reasonably required by the demonstrate compliance with the applicable Gas Well Development applicable SUP or PD District; and 5. Such additional information as is reasonably required by the prevent imminent destruction of property or injury to persons. C. All applications for amended Gas Well Permits shall be filed Planning and Development, and the Department shall immediately f applications to the Oil and Gas Inspector for review. Incomplete returned to the applicant, in which case the City shall provide deficiencies; however, the City may retain a processing fee as d Gas Inspector. The City may return any application as incomplete pending before the RRC regarding the determination of the Operat D. If the activities proposed by the amendment are not materiall activities covered by the existing Gas Well Permit or Gas Well D and if the proposed activities are in conformance with the appli Protection Permit, Gas Well Development Site Plan, applicable SU PD District, or site-specific authorization in a MPC District, then the Oil and Gas Inspector shall approve the amendment within ten (10) days after E. If the activities proposed by the amendment are materially di covered by the existing gas well permit, and if the proposed act with the applicable Watershed Protection Permit, Gas Well Develo applicable SUP or Detailed Plan in a PD District, or site-specif District, then the Oil and Gas Inspector shall approve the amend days after the application is filed. In addition, if the activit are materially different or, in the judgment of the Oil and Gas 43 risk of imminent destruction of property or injury to persons th the activities covered by the existing permit or that was not ot consideration by the existing permit, the Oil and Gas Inspector amendment to be processed as a new Gas Well Permit application. F. The failure of the Oil and Gas Inspector to review and issue within the time limits specified above shall not cause the application for the amended Permit to be deemed approved. G. The decision of the Oil and Gas Inspector to deny an amendmen shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. The oper denial in accordance with Section 35.22.16.A.1. 35.22.14. - Transfer of Gas Well Permits. A Gas Well Permit may be transferred by the Operator with the written consent of the City if the transfer is in writing signed by both parties, if the transf terms and conditions of the transferred Permit, if all information previously provided to the City as part of the application for the transferred Permit is up and if the transferee provides the insurance and security requir Section 35.22.9. The insurance and security provided by the tran copy of the written transfer is provided to the City and all oth subsection are satisfied. The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transf 35.22.15. - Inspection. A. The Oil and Gas Inspector shall have the authority to issue a required to carry out the intent and purpose of this Subchapter. comply with any such order or directive shall constitute a viola B. The Oil and Gas Inspector shall have the authority to enter a covered by the provisions of this subchapter, to determine compl and all applicable laws, rules, regulations, standards, or direc federal authority. C. Pursuant to inspection authority granted by the Texas Clean A Code, the Oil and Gas Inspector shall conduct periodic inspectio under this Subchapter. D. Inspections may include periodic evaluations of air quality, of, Drilling and Production Sites. Inspections will also includ conformance with their Hazardous Materials Management Plan and o requirements to their site. 44 35.22.16. – Appeals and variances. A. Procedures. 1.The Board of Adjustment shall hear and decide appeals of order determinations made by the Oil and Gas Inspector relative to the interpretation of this Subchapter, except for those matters desc 35.22.4.F.3 and 35.22.17; furthermore the Board of Adjustment sh requests for variances to the provisions of this Subchapter unde set forth below. The Board may also grant a special exception ex expiration date of a Gas Well Development Site Plan or a Gas Wel period not to exceed one year pursuant to the criteria set forth who desires to appeal the type of action described in this subse variance may file an appeal or variance to the Board of Adjustme procedural process outlined in Section 35.3.6 of the DDC. Appea required for every appeal or variance request. The Board of Adj the appeal or variance and any other related information. a. Standard of review for appeals. The members of the Board of have and exercise the authority to hear and determine appeals wh there is error or abuse of discretion regarding the approval or Development Site Plan, or the issuance or non-issuance of a Gas b. Standard of review for variances. In deciding variance req Adjustment shall consider, where applicable, the following relev i. Whether there are special circumstances existing on the property on which the application is made related to size, shape, area, topography, su conditions and location that do not apply generally to other pro vicinity; ii. Whether a variance is necessary to permit the applicant the use of his property that are presently enjoyed by other similarl properties, but which rights are denied to the property on which application is made; iii. Whether the granting of the variance on the specific property will adversely affect any other feature of the comprehensive master plan of the iv. Whether the variance, if granted, will be of no material det welfare or injury to the use, enjoyment, or value of property in 45 v. Whether the operations proposed are reasonable under the circ conditions prevailing in the vicinity considering the particular character of the improvements located there; vi. Whether the drilling of the maximum number of potential well proposed drill site would conflict with the orderly growth and d the town; vii. Whether there are other alternative well site locations; viii. Whether the operations proposed are consistent with the he welfare of the public when and if conducted in accordance with t or combined well permit conditions to be imposed; ix. Whether the operations proposed are consistent with protecti integrity and environmental quality, including protection of sur ground water sources, of potentially impacted environmentally se x. Whether there is reasonable access for town fire personnel an equipment, including the ability to safely evacuate potentially residents; xi. Whether the impact upon the adjacent property(ies) and the g operations conducted in compliance with the oil, gas, or combine conditions are reasonable and justified, balancing the following 1. The reasonable use of the mineral estate by the mineral estat explore, develop, and produce the minerals; and 2. The availability of alternative drilling sites; and xii. Where a variance is requested to reduce separation standard in addition to other relevant criteria, the extent to which owne Uses, or freshwater wells currently in use, or previously platte where one or more lots have habitable structures, have consented reduction in separation standards in writing. c. The Board of Adjustment shall determine whether to grant an e expiration date for a Gas Well Development Site Plan or Gas Well upon whether there are circumstances reasonably beyond the contr 46 Operator, including any delay on the part of the City in issuing permits, that justify an extension of the Site Plan or Permit, in order that the Operator may enjoy the same rights in the use of the property th enjoyed by other similarly situated properties, but which rights property for which the Site Plan or Permit expires. 2. The Board of Adjustment may reverse or affirm, in whole or i Oil and Gas Inspector's order, requirement, decision or determin appeal is taken and make the correct order, requirement, decisio from which an appeal is taken and make the correct order, requir determination. The Board of Adjustment may issue a variance to t the criteria referenced in Subsection A.1.b., and may grant a sp the criteria referenced in A.1.c. Any action under this subsect three-fourths majority vote of the entire Board of Adjustment. 3. Any Operator aggrieved by any decision of the Board of Adjus court of record a petition, duly verified, stating that such dec or in part, and specifying the grounds of the alleged illegality. Such petition shall be presented within ten days after the date on which the decision o Adjustment was rendered and not thereafter, and judicial review be pursuant to Texas Local Government Code, § 211.011, as amende B. Watershed Permit Appeals. 1.The applicant may appeal the denial or conditional approval of Protection Permit on grounds pertaining to the standards in Subs and 35.22.5.A.8 to the Planning and Zoning Commission within ten days of the decision by the DRC. In deciding the appeal, the Pl Commission shall decide the appeal based upon the standards ma permit by Subsection 35.22.5.A.6 and 35.22.5.A.8. 2.The applicant may file a petition for review pursuant to Subse 35.22.5.A.8 on grounds therein specified to the City Council wit days of the decision by the Planning and Zoning Commission. The decide the petition based upon the criteria in Subsection 35.22. C. Preemption Appeal. 1.. The regulation of gas well drilling and production in this s Purpose potentially overlaps with regulation of gas well drilling and pr Texas and the United States of America. The purpose of this sec 47 Operators the opportunity to demonstrate to the City that one or procedures contained in this subchapter are preempted by state o 2.. An Operator who is aggrieved by the promulgation or Petition Contents application of the standards or procedures in this subchapter an or more such standards or procedures are preempted by state or f submit a petition to the Oil and Gas Well Inspector explaining t bases upon which the Operator relies to support his contention t subchapter is preempted. The petition shall be accompanied by an waiver of any statutory time periods or time periods established review of any filed applications which are the subject of the pe shall include, at a minimum, the following: a. The name, mailing address, phone number and fax number of th person's duly authorized agent); b. Identification of all property owned or under the control of affected by the preemption claim; c. Identification of the permit applications for which the appl this section; d. Identification of all regulations in this subchapter that th not apply to the project due to preemption of the subject matter law; e. For each regulation in this subchapter that is the subject o preemption claim, specification of the state or federal law, sta administrative rule or order that allegedly preempts the regulat an explanation of why such law, standard, administrative rule or the regulation. 3. Procedure and Decision. The Oil and Gas Inspector shall first determine whether the appl pursuant to DDC section 35.16.8. Once the application has been is deemed complete, the Director shall forward the preemption pe the required supporting information or documentation, to the Cit Attorney for their respective reviews. Prior to rendering his City Manager may request a pre-determination conference with the petitioner to discuss the preemption claim and to ensure that the nature of th completely understood by the City Manager. The City Manager, a with the City Attorney, shall render a final administrative dete the relief requested in the petition in whole or in part, or denies the requested relief in whole or in part within 30 days of the date the petition is comp Manager’s determination shall include a statement of the reasons shall identify the regulations that are preempted on their face 48 petitioner’s permit application(s) for approval under this subch Manager may also recommend to the City Council that one or more contained in this subchapter should be repealed or modified so a preemption claims. 35.22.17. - Remedies of the City. A. If an Operator (or its officers, employees, agents, contracto representatives) fails to comply with any requirement of a Gas W any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil and Gas Inspector may, in connection with or separate from 35.2 to the operator specifying the nature of the alleged failure and reasonable time to cure, taking into consideration the nature an failure, the extent of the efforts required to cure, and the pot safety, and welfare of the community. The Operator shall respon forty-eight (48) hours and indicate how the violation(s) shall b however, shall the cure period be less than thirty (30) days unl presents a risk of imminent destruction of property or injury to alleged failure involves the operator's failure to provide perio Marshal or Oil and Gas Inspector may issue a Stop Work Order und B. If the Operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oi notify the RRC and request that the RRC take appropriate action notice provided to the operator), and the City may pursue any ot C. If the operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector recommendation of the Health and Building Standards Commission 1. Recommend to the City Council that the Gas Well Permit be sus alleged failure is cured; or, 2. Recommend to the City Council that the Gas Well Permit be rev suspension the Operator does not cure the alleged failure. D. The decision of the Fire Marshal and/or Oil and Gas Inspector or revocation of a Gas Well Permit shall be provided to the Oper ten (10) days before any action by the City Council unless the a risk of imminent destruction of property or injury to persons. E. If a Gas Well Permit is revoked, the Operator may submit info Well Inspector evidencing that the alleged failure resulting in Well Permit have been corrected, and an application for a new Ga submitted for the same well. 49 35.22.18. - Enforcements, Right of Entry. A. The Fire Marshal and the Oil and Gas Inspector are authorized this Subchapter and the provisions of any Gas Well Permit. Whene enforce any provision of this Subchapter or a Gas Well Permit, o reasonable cause to believe there has been a violation of this S Permit, the Fire Marshal or Oil and Gas Inspector, may enter upo by this Subchapter or a Gas Well Permit at any reasonable time t duty imposed by this Subchapter. If entry is refused, the City s remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the 1. Engage in any activity not permitted by the terms of a Gas We this Subchapter; 2. Fail to comply with any conditions set forth in a Gas Well Pe Subchapter; or 3. Violate any provision or requirement set forth under this Sub C. The enforcement and penalty provision under Subsection 35.1.1 violation of this Subchapter. D. The Fire Marshal or Oil and Gas Inspector is authorized to is court for violations of this Subchapter or Gas Well Permit. E. The City may also notify the EPA, TCEQ, RRC or other applicab agency in connection with violations of this Subchapter. 50 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance rejecting any and all competitive proposals for RFP 4859- Solar Generated Energy and Facilities for the City of Denton, or take other appropriate action with regard to such proposals; and providing an effective date. BACKGROUND On December 21, 2011, Denton Municipal Electric (DME) issued Request for Proposals (RFP) 4859 to solicit proposals for solar generated energy and associated Renewable Energy Credits (REC) for the City of Denton, Texas. The RFP also required a minimum of 15 kW of solar demonstration projects to be located within the Denton city limits and the locating of a solar panel and/or solar component manufacturing facility within the Denton city limits (per the specific criteria outlined in the RFP). From the responses received for RFP 4859, none have been identified by DME staff as viable to present to the Public Utility Board or City Council for awarding of a contract for solar generated energy for the City of Denton. DME staff is requesting that the City Council reject all proposals received and provide staff direction to possibly develop a new Request for Proposals for solar generated energy for the City of Denton, to be issued at a later time. The Council has been briefed, and discussions and deliberations took place on this electric competitive and financial matter in Closed Session earlier today. RECOMMENDATION Reject all proposals. Agenda Information Sheet January 15, 2013 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utility Board was briefed on January 14, 2013, December 18, 2012, September 10, 2012, August 27, 2012, June 25, 2012, and January 23, 2012. The City Council was briefed on December 18, 2012, September 18, 2012, July 17, 2012, and February 7, 2012. FISCAL INFORMATION There is no fiscal impact. EXHIBITS Exhibit 1: Proposed Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance Prepared by: __________________________ Mike Copeland, Utility Attorney 1-AIS-File 5152 9ãwz,z· ORDINANCE NO. ________________ AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE PROPOSALS FOR RFP 4859-SOLAR GENERATED ENERGY AND FACILITIES FOR THE CITY OF DENTON, OR TAKE OTHER APPROPRIATE ACTION WITH REGARD TO SUCH PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive proposals for solar generated energy and facilitiesRFP Number 4859 in accordance with the procedures of State laws and City ordinances; and WHEREAS, the City Council has determined that it is in the best interest of the City that the herein described proposals should be rejected; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposals for solar generated energy and facilitiesRequest for Purchasing Agent are hereby rejected: RFP NUMBER PROPOSER 4859 Juwi 4859 First Solar 4859 NRG Energy 4859 Green Ox Energy Solutions 4859 Blackland Prairie Solar Farm 4859 Rosendin Electric 4859 Recurrent Energy 4859 Solar Reserve 4859 Lincoln Renewable Energy 4859 New Generation Power SECTION 2. The City Manager is hereby authorized to execute all necessary documents for the rejection of said proposals. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 4859 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of _________, 2013. ____________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-RFP 4859 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Economic Development ACM: John Cabrales SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas approving the 2012 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. BACKGROUND On December 7, 2010, City Council adopted an ordinance creating the Tax Increment Financing Reinvestment Zone Number One (Downtown TIF). An annual report is required to be submitted . Staff has drafted a report (attached) for consideration by the Council. During calendar year 2011, $15,871 was collected; no funds were distributed. During calendar year 2012, $54,820 was collected; no funds were distributed. PRIOR ACTION/REVIEW The TIF Board reviewed the 2012 Annual Report on December 7, 2012, and recommends approval (5-0) EXHIBITS 2012 Tax Increment Financing Reinvestment Zone Number 1 Annual Report Respectfully submitted Julie Glover Economic Development Program Administrator EXHIBIT A Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) 2012 Annual Report City of Denton Economic Development Office 215 E. McKinney Street Denton, Texas 76201 940-349-7775 www.dentonedp.com January 1, 2012 to December 31, 2012 Table of Contents 3. Map 4. Mission Statement 4. District Accomplishments 4. Value and Increment Summary 4-5. Summary of TIF Board meetings 5. Budget and Spending Status 5. 2012 Work Program Reinvestment Zone Number One Downtown Tax Increment Financing District AGENDA INFORMATION SHEET AGENDA DATE : January 15, 2013 DEPARTMENT : Airport ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving assignment of a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and John K. Selvidge dated March 7, 1995 to Pedron Aircraft Works, L.L.C.; and providing an effective date. Council Airport Committee recommends approval (3-0). BACKGROUND The original property lease for this lot at 926 Aeronca on the north end of Denton Airport was for a period of thirty (30) years beginning March 7, 1995. The remaining term is twelve (12) years and two (2) months effective January 15, 2013. Pedron Aircraft Works is a current tenant at Denton Airport in a facility leased from JVC Real Estate, L.L.C. (John Vann) and the Company is purchasing the hangar owned by John K. Selvidge to operate their aircraft maintenance business. The proposed lease transfer amends the existing lease to authorize operation of the aircraft only. The right of the new owner, Pedron Aircraft Works, to negotiate an extension of the current lease is, also, confirmed as a term of the lease. FISCAL INFORMATION The current property lease rate for this lot is $3,470.40 annually ($0.129 per square foot for the 26,805 square foot lot). The Assignor, John K. Selvidge, will pay a $500 transfer fee to the Airport upon approval of the lease transfer. RECOMMENDATION Airport staff recommends approval of the lease transfer. Respectfully submitted: Quentin Hix Director of Aviation AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of certified softball officiating services from the North Texas Umpire Association (NTUA), which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5152-Agreement with NTUA in the amount per game as specified in the agreement in the estimated annual award of $85,000 for a three year estimated expenditure of $255,000). FILE INFORMATION Each year, the Parks and Recreation Department contacts the Amateur Softball Association (ASA) umpire adult softball league games in Denton. This year and in previous years, NTUA has been the only association available for officiating sanctioned adult softball league play in Denton. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, are not subjected to competition. The NTUA will officiate approximately 1,100 softball games for the Parks and Recreation Department during the 2012-13 fiscal year. The Association will provide two ASA umpires and one scorekeeper per game. RECOMMENDATION Award to the NTUA in the amount per game specified in the attached Agreement (Exhibit 2) in the estimated annual award of $85,000 for a three year estimated expenditure of $255,000). PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association (NTUA) Denton, TX Agenda Information Sheet January 15, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is for one year ending January 15, 2014. The City and NTUA shall have the option to renew this contract for two (2) additional one year periods. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Requisition number 111549 has been entered in the Purchasing software system. EXHIBITS 1: Sole Source Letter from Texas ASA District 13 Commissioner 2. Agreement between City of Denton and North Texas Umpire Association Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5152 Exhibit 1 Exhibit 2 January4,2013 TerryHunt President-NTUA 940-390-3641 sbumpire00@hotmail.com Exhibit D ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES FROM THE NORTH TEXAS UMPIRE ASSOCIATION (NTUA), WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5152-AGREEMENT WITH NTUA IN THE AMOUNT PER GAME AS SPECIFIED IN THE AGREEMENT IN THE ESTIMATED ANNUAL AWARD OF $85,000 FOR A THREE YEAR ESTIMATED EXPENDITURE OF $255,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as ffice of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5152 North Texas Umpire Association $255,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 5152 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Human Resources to Carla Romine-Haggmark at 349-8344 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting sealed proposals and awarding a contract for drug/alcohol testing services and physicals for the City of Denton; and providing an effective date (RFP 5019-Drug/Alcohol Testing Services and Physicals awarded to Occupational Medicine, Denton Regional Medical Center in the annual estimated amount of $34,930 for a five year estimated expenditure of $174,650). RFP INFORMATION Request for Proposal (RFP) 5019 sought proposals for a Third Party Administrator for drug and alcohol testing, and post offer physicals. Occupational Medicine, Denton Regional Medical Center has been providing these services for the City since 2007. The current contract expires on February 1, 2013, thus necessitating the RFP process. The City received four (4) responses to RFP #5019 from the vendors listed below: 1.Occupational Medicine, Denton Regional Medical Center 2.CareNow 3.Pinnacle Health Technologies Inc. 4.Any Lab Test Now The four (4) proposals were reviewed by an evaluation team comprised of employees from the Human Resources and Utility Safety & Training Departments who currently have oversight and drug and alcohol testing, and post offer physicals. The proposals were evaluated based on the following criteria: 50% - Capability to provide services requested and information contained in attachments 25% - Background and experience of the facility and personnel 10% - Economic evaluation of the proposed fee schedule 10% - Ability to provide preferences outlined in request 5% - Responsiveness to the RFP Agenda Information Sheet January 15, 2013 Page 2 RFP INFORMATION (CONTINUED) The evaluation committee ranked Occupational Medicine, Denton Regional Medical Center as providing the best overall value to the City. Exhibit 2 shows the final evaluation and scoring. After receiving the Best and Final Offer (BAFO) from Occupational Medicine, Denton Regional Medical Center (Exhibit 1), it was determined that Occupational Medicine, Denton Regional Medical Center proposed the lowest cost. Occupational Medicine, Denton Regional Medical Center also has the most experienced staff and will provide the requested services which include instant testing, electronic reporting, 24-hour service, etc. The City has worked with Occupational Medicine, Denton Regional Medical Center over the past (five) 5 years. We are familiar with their processes, and Occupational Medicine, Denton Regional Medical Center understands our expectations. RECOMMENDATION Staff recommends awarding a one year initial contract to Occupational Medicine, Denton Regional Medical Center for Drug/Alcohol Testing Services and Physicals in the annual estimated amount of $34,930, with the option to extend for four (4) additional one (1) year periods for a five year estimated expenditure of $174,650. PRINCIPAL PLACE OF BUSINESS Occupational Medicine, Denton Regional Medical Center Denton, TX ESTIMATED SCHEDULE OF PROJECT The new contract with Occupational Medicine, Denton Regional Medical Center will begin February 1, 2013. FISCAL INFORMATION The cost for the administration of the random drug and alcohol testing program is paid by Risk Management and allocated to each department. All other drug and alcohol testing and physicals are billed directly to each department. EXHIBITS Exhibit 1: Evaluation/Scoring Sheet Exhibit 2: Best and Final Offer from Occupational Medicine, Denton Regional Medical Center Exhibit 3: Contract Agenda Information Sheet January 15, 2013 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 5019 ORDINANCE NO. _________________ AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR DRUG/ALCOHOL TESTING SERVICES AND PHYSICALS FOR THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (RFP 5019-DRUG/ALCOHOL TESTING SERVICES AND PHYSICALS AWARDED TO OCCUPATIONAL MEDICINE, DENTON REGIONAL MEDICAL CENTER IN THE ANNUAL ESTIMATED AMOUNT OF $34,930 FOR A FIVE YEAR ESTIMATED EXPENDITURE OF $174,650). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for Drug/Alcohol Testing Services and Physicals for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, for Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER VENDOR AMOUNT 5019 Occupational Medicine, Denton Regional Hospital $174,650 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5019 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-RFP 5019 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of Denton; and providing an effective date (RFP 5121- Microsoft Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated expenditure of $285,000). RFP INFORMATION The City of Denton utilizes Microsoft Corporation (Microsoft) software to support daily operations, communication, and services to the community. The City leverages a number of different Microsoft software products including Windows server and desktop operating systems, Microsoft Office, Exchange, Lync, SQL Server, SharePoint, Internet Information Server, Visio, and Project. Microsoft does not sell software directly to enterprise organizations therefore, it created a group of software resellers called Large Account Resellers (LARs) who are certified to manage large customer software licensing needs. The City of Denton issued Request for Proposal (RFP) 5121-Microsoft Reseller and Related Services to solicit proposals requirements at the best value for the City. The RFP solicited proposals for Microsoft Reseller and Related Services, which provide the Microsoft Government Select, Microsoft Enterprise, and Microsoft Subscription Enterprise Agreements. In addition, since there is a limited number of LARs certified by Microsoft to sell to municipal government entities, the City of Denton designed the RFP to allow other governmental entities in the State of Texas to utilize the City of Denton contract to purchase Microsoft software products as allowed under the Interlocal Cooperation Act, Chapter 791, Texas Government Code. The RFP was sent to thirteen certified LARs that were on a list provided by Microsoft. The RFP was issued November 13, 2012 with a deadline for submission on December 11, 2012. Three LARs submitted proposals: Insight Enterprises, Inc., SHI Government Solutions, Inc. and Zones, Inc. Insight Enterprises, Inc. was not included in the tabulation of proposals because the response did not comply with RFP requirements and pricing was no more competitive than submissions that did comply with RFP requirements. Agenda Information sheet January 15, 2012 Page 2 SHI Government Solutions, Inc. provided the lowest price proposal that complied with the RFP requirements as shown on the attached pricing sheet (Exhibit 1). Therefore, SHI Government Solutions, Inc. provides the best value for the City of Denton. Staff is in the process of finalizing the contract with SHI Government Solutions, Inc. We anticipate contract completion after Council approval. COOPERATIVE PURCHASING There are limited purchasing options in the State of Texas for governmental entities to purchase Microsoft software licenses from LARs based on large purchase volumes. In order to provide governmental entities with options when purchasing Microsoft software licenses, the City of Denton designed the RFP to allow other governmental entities the ability to purchase Microsoft software licenses as provided in the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In order to recover the expense associated with managing the master contract and interlocal agreements, an administrative fee of one-half percent will be added to purchases completed under this contract. The awarded Reseller will assess and collect all administrative fees and remit the funds collected to the Material Management division. RECOMMENDATION Staff recommends awarding a contract to provide Software Reseller and Related Services to the City of Denton and all other governmental entities within the State of Texas to SHI Government Solutions, Inc. Staff estimates expenditures of $95,000 per year with a three year total of $285,000. PRINCIPAL PLACE OF BUSINESS SHI Government Solutions, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT This is a one year contract with the option to renew for two (2) additional one (1) year periods. Agenda information Sheet January 15, 2013 Page 3 FISCAL INFORMATION Funds for Microsoft purchases are budgeted in fiscal year 2012-13 Technology Service Operating Budget Account #830400.6504. EXHIBITS Exhibit 1: Evaluation Sheet Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance ORDINANCE NO. __________________ AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT TO PROVIDE SOFTWARE AND RELATED SERVICES WITH SHI GOVERNMENT SOLUTIONS, INC., A MICROSOFT CERTIFIED LARGE ACCOUNT RESELLER WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (RFP 5121- MICROSOFT SOFTWARE RESELLER AND RELATED SERVICES AWARDED TO SHI GOVERNMENT SOLUTIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $95,000 FOR CITY OF DENTON EXPENDITURES, AND A THREE YEAR ESTIMATED EXPENDITURE OF $285,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for Microsoft Reseller and Related Services for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, for Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER VENDOR AMOUNT 5121 SHI Government Solutions, Inc. $285,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5121 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-RFP 5121 AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Economic Development ACM: John Cabrales SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a Lease Agreement between the City of Denton, Texas and VOW 210 Hickory Partners, LLC for the lease of a portion of land located at the southwest corner of East Hickory and Industrial Streets, being situated within the H. Sisco Survey, Abstract Number 1184 and being described as part of Lot 3, Block 20 of the Original Town of Denton, for the construction, occupancy and maintenance of an outdoor patio, and providing an effective date. BACKGROUND VOW 210 Hickory Partners, has requested permission to lease a 1089 square foot) tract of land owned by the City of Denton in order to construct an outdoor patio and to increase seating for a proposed restaurant tenant. VOW 210 Hickory Partners owns the property at 210-214 East Hickory, which has been developed for commercial use. The subject lease tract is located at the southwest corner of the intersection of East Hickory and Industrial Streets. The tract to be leased is a sloping grassy area that is bounded to the east by the western property line being the western wall of the building owned by VOW 210 Hickory Partners. The area to be leased is currently maintained by the Parks Department. The subject lease tract in question is located within the boundaries of the Downtown Implementation Plan District, and is zoned DCG (Downtown Commercial General). The lease term is ten years. The Lease will require the lessee to submit construction plans to the Building Official as well as the Director of Economic Development for review and approval prior to issuing a building permit. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW The City Council authorized the execution of a lease to ARG in 2009 covering the lands subject to the current proposed lease agreement (Ordinance # 2009-129), but the offer of the lease was never accepted by ARG, nor was the lease ever executed. The current ordinance under consideration terminates and revokes Ordinance # 2009-129. FISCAL INFORMATION The lease would be set at $1 per square foot, annually, for a total of $1089 per year for ten (10) years. Contingent on the passage of this ordinance, the first lease payment would cover the first three (3) years of the lease term, for a total of $3,267; thereafter, lease payments are to be made on an annual basis for the remaining lease term (7 years). EXHIBITS 1.Location Map 2.Concept Drawing 3.Photo of site 4.Ordinance and Lease Respectfully submitted _____________ Julie Glover Economic Development Program Administrator � ._ � i �, ��� � :'t� . � � r�+ I �� �.F �" ��� ' � ,� ,, � , ��,, �. — �; , .�.� t 5 � '�, - � � - ,� �"�� �, ���`.` �� � - . � _ _ = ��� .�, - ��- , , �.. . ..- �.. . : < < , � :6 � .. ��.� , .- � � � �� -.k,� � . , "'`,� � �� . •� � � � .. � � � - . - . ' " i 4 � h _ .,. ; . �+ . . � h` � . _ �n �. '.. . . .. .� ' � r � � ' xi ' '' 9 * �F, r� V . r . E `�} . .a _ � - +� .�;,� " � ,�, , �- °� . �. 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R��-..s��.. � � . . . . . � I ' �' ' . �� ,'�� I� ��� -I �� �� ���' � py, , - �,� :.:,.� r ��" � �, � F�' �' y' � � � �: -- . � � -'t �I '� 4 �� ." � � � � � ��� . ' �' '���y - -. —�°�•r���`,n�� �� �. . �_��.'� . _��1'����-����4.� �I i M ��•-��-J�i�� VOW 210 Hickory Partners Proposed Lease Area 0' 100' 200' AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Planning & Development ACM: John Cabrales SUBJECT Villages of Carmel, Phase III Development Agreement for Perimeter Wall Consider adoption of an ordinance approving a development agreement with HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the required perimeter wall for the Villages of Carmel, Phase III Subdivision of the City of Denton, Texas, pursuant to previously approved plans and permits, and authorizing permitting and construction of houses and infrastructure on the remaining unbuilt lots in that subdivision, in accordance with applicable building and development requirements; delegating authority to the City Manager to execute said Development Agreement on behalf of the City; and declaring an effective date. BACKGROUND The subject property is platted as Lots 1-5, Block 2; Lots 11-24, Block 5; Lots 15-19, Block 6 and Lots 1-4, Block 7 of the Villages of Carmel, Phase III Addition and is within the Planned Development (PD-132) zoning district. The applicant proposes an 8-foot tall decorative fence, approximately 1,552 linear feet in length consisting of masonry and stone columns along the aforementioned lots to bring the Villages of Carmel, Phase III into conformance with the approved Detailed Plan (PD-132), as approved and amended by City Council via Ord. No. 2005- 024 and 2006-137. Although this requirement was a condition of the original ordinance, the developer has sold lots that have been constructed but failed to construct the fence. The City has since received numerous complaints from these residents concerning this requirement. The purpose of this ordinance is to accept funds secured for the cost to construct the perimeter fence and hold them into escrow to ensure completion of this requirement. The following is a bulleted history of the Villages of Carmel and The Preserve at Pecan Creek planned development (PD-132): On December 18, 1984 the City Council approved by Ordinance No. 84-180 a Planned Development District for 17.1 acres (PD-88) along Swisher Road. (Z-1694) That prior to the issuance of any certificate of occupancy for the use of any building or structure within the planned development district the following conditions shall be met: Agenda Information Sheet January 15, 2013 Page 2 1. Perimeter street paving requirements shall be imposed along the entire frontage of Paige Road; 2.Estate road conditions will be imposed on Swisher Road pavement width of twenty- four 24 feet without curbs is allowed for one acre lots with one hundred 100 feet or more frontage for single family use ; 3. A six 6 foot solid fence will be erected along the south boundary line of this development where it abuts Shiloh Cemetery. On December 18, 1984 the City Council approved by Ordinance No. 84-181 a Planned Development District for 49.41 acres (PD-89) north of Shady Shores Road and east of Swisher Road. (Z-1695) On October 18, 1988 the City Council repealed by Ordinance No. 88-166 the approved site plan and conditions applicable to PD-88 and PD-89 and approved a rezoning for 348 acres from Agricultural (A) to Planned Development (PD) with inclusion of the 66.51 acres from PD-88 and PD-89. The newly created Southview Planned Development District (PD-132) included concept plan approval for the entire 414.9 acres. (Z-1861) That the district herein approved shall be subject to the following conditions: 1.Information for Detailed Plans. All information that was not required to be shown on the concept plan, as otherwise required by article 11 of Appendix B Zoning of the Code of Ordinances, shall be submitted with any detailed plan for any property within the district. 2.Land Uses. The permitted land uses for each detailed plan submitted for any tract of land shall be as defined or shown in this ordinance and the approved concept plan. The general site plan requirements for tracts designated for general retail, waived at the concept plan stage. The uses provided for herein for nonresidential tracts shall be permitted in accordance with the detailed plans approved for those tracts, in accordance with article 11 of Appendix B Zoning, as amended. The detailed plans submitted for the nonresidential tracts shall be subject to the following conditions and restrictions: a.General Retail. For any tract designated for general retail (GR) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts: Auto Laundry Auto sales and repair (in building) Gasoline service station New auto parts sales stores Antique shop Bakery or confectionary shop (retail) Cafeteria Cleaning and pressing small shop and pickup Custom personal service shop Drapery, needlework or weaving shop Florist or garden shop Agenda Information Sheet January 15, 2013 Page 3 Greenhouse or plant nursery (retail) Handicraft shop Household appliance service and repair Laundry or cleaning (self service) Mimeograph, stationary, or letter shop Mortuary or funeral parlor Offices, professional or administrative Licensed private club Restaurant Retail stores and shops Studio for photographer, musician, artist or health Secondhand store, used furniture or rummage sale b. Neighborhood Service. For any tract of designated for neighborhood service (NS) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts: Bakery or confectionary shop retail Cleaning and pressing small shop and pickup Custom personal service shop Drapery, needlework or weaving shop Florist or garden shop Handicraft shop Laundry or cleaning (self service) Offices, professional and administrative Retail stores and shops (4,000 square feet or less) Studio for photographer, musician, artist, or health c.Community Facility. For any tract designated for a community facility (CF) use on the concept plan, the following uses shall be permitted in accordance with the detailed plans approved for those tracts: Art gallery or museum Cemetery Church, rectory, or institution of religious or philanthropic nature Public or private school, college, or university Child care facility Hospital, nursing home, or residence home for aged Park, playground, or public community center Public building for governmental use Other similar uses approved on detailed plan 3.Park or School Sites. Tracts 8 and 13, designated for park or park and school sites on the concept plan, shall each be respectively conveyed to the city, free and clear of all liens or encumbrances, upon approval of the first final plat approved for any tract of land included within the particular phase of development in which the designated park or park and school site is located, as shown in the concept plan. So as to provide for a building site on Tract 13, excess soil material excavated during the construction of that portion of Lakeview Boulevard located in the same phase of development as Tract 13, shall be placed upon Tract 13 in the quantities and locations approved by Agenda Information Sheet January 15, 2013 Page 4 the City Engineer. A minimum of three contiguous acres outside the 100-year floodplain shall be provided in Tract 8 prior to conveyance. 4.Road Utility District. No road utility district shall be created or utilized to fund any construction of any street location within the planned development district herein defined. On August 15, 1989 the City Council approved by Ordinance No. 89-101 an amended concept plan for Southview PD-132. The ordinance also approved a detailed plan for 184.2 acres of PD--(Z-89-003) On December 19, 1989 the City Council approved by Ordinance No. 89-190 an amended development phasing schedule for Southview PD-132. (Z-90-003) On September 4, 1990 the City Council approved by Ordinance No. 90-126 an amended development phasing schedule for Southview PD-132. (Z-90-003) On November 17, 1998 the City Council approved by Ordinance No. 98-393 a rezoning of 15.088 acres from Agricultural (A) to Planned Development (PD-132). The subject property was east of Swisher Road and west of the intersection of Swisher Road and Edwards Road. (Z-98-011) On November 17, 1998 the City Council approved by Ordinance No. 98-394 an amended concept plan for 427.616 acres within renamed The Preserve Planned Development (PD- 132). The subject site is located within Area C, approximately 20 acres, which allows for multifamily development. (Z-98-011) Subject to the following conditions: 1.Prior to the issuance of any building permits for lots on Tracts, C, H, I, J, K, L, M, O, P, as identified on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analyses (TIA) shall be constructed. 2. in the alignment of the spine road and the configuration of adjacent tracts, the maximum number of units/lots within each effected tract shall be allowed to increase or decrease accordingly, while the cumulative total for all effected tracts shall be no greater than originally permitted by the concept plan. On November 17, 1998 the City Council approved by Ordinance No. 98-395 a detail plan for 138.992 acres located within PD-132. The subject property is located north of Shady Shores Road just north of I-35 East and east of Swisher Road. (Z-98-037) Approved with the following condition: Tract D shall require a new Detail Plan if any portion is developed as any land use other than a public school and/or public park. On November 16, 1999 the City Council approved by Ordinance No. 99-429 an amendment to the area regulations as they pertain to the definition Ordinance 98-394. Agenda Information Sheet January 15, 2013 Page 5 (Z-99-067) 1.Front Yard for Single-family Lots. Yard, front means an open, unoccupied space on a lot facing a street existing across the front of a lot between side lot lines and from the main building line. On all single-family lots, porches with structural support (columns) shall be allowed to exten- associated roof overhang and/or similar special architectural feature shall be allowed - overhang and/or similar special architectural features, the front yard shall not be obstructed from a point forty- guardrail, fend or other object, except as provided for roof overhang or similar special architectural features or plant material. 2.Porch. Porch means an open, unenclosed, unobstructed, and non-habitable space with structural supports (columns) attached to the front of a single-family dwelling facing a public street and used for a purpose customarily identical to the main structure, not including those allowed in accessory buildings (e.g. garage or carport), in a residential district 3.Guardrail. Guardrail means a system of building components located along the open the possibility of an accidental fall from the elevated surface to the lower level. On September 26, 2000 the City Council approved by Ordinance No. 2000-359 an amendment to ordinance 98-394, to provide for a detailed plan for 14.76 acres located within PD-132. The subject property being generally located on the east side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road. (Z-00-012) Subject to the following condition: Site design for houses will be no less strict than the houses shown in the photographs that were introduced into the record at the City Council public hearing on September 26, 2000 for Zoning Case No. Z-00-11 On November 7, 2000 the City Council approved by Ordinance No. 2000-416 an amendment to Ordinance No. 98-394, to provide for a detailed plan for 8.29 acres located within PD-132. The subject property being generally located on the east side of Lakeview Boulevard approximately 2500 feet northeast of the intersection of Lakewood Boulevard and Swisher Road. (Z-00-016) Subject to the following condition: Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion in the night sky. On May 1, 2001 the City Council approved by Ordinance No. 2001-189 an amendment to Ordinance No. 98-394 and 98-395, to provide a change in the required transportation improvements for PD-132. (Z-01-0003) Subject to the following condition: Agenda Information Sheet January 15, 2013 Page 6 The temporary road connection between Pockrus Page Road and Lakeview Boulevard will remain in place until such time that the proposed extension of Edwards Road to Lakeview Boulevard is completed. On May 4, 2004 the City Council approved by Ordinance No. 2004-139 a detail plan for 229.1 acres located within PD-132. The subject property is located on the east side of Swisher Road, approximately 900 feet north of Chaparral Court. (Z03-0033) On January 18, 2005 the City Council approved by Ordinance No. 2005-024 a detail plan for 24.8 acres located with PD-132. The subject property is generally located on the south side of Pockrus Page Road, on the east side of Lakeview Boulevard. (Z04-0024) Subject to the following conditions: 1.Perimeter walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction and the also be required to obtain necessary Right-of-Way Agreements prior to construction of wall located within right-of-way; 2.Landscaping, including street trees, will conform to the standards set forth in the Development Code; 3.Sidewalks will be provided along all public and residential streets. The sidewalks within this development shall conform to standards set forth within the Development Code. Both four (4) and five (5) foot sidewalks will be provided and shall conform to the sidewalks on either side of the development. The change from four (4) foot sidewalks to five (5) foot sidewalks shall occur at intersections and/or driveways. 4.Signs will conform to the standards set forth within the Development Code. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to wall construction of signs located within right-of-way. 5.The developer shall permanently close the temporary access at Pockrus Page and Indian Paint Way with the first phase of development. On May 16, 2006 the City Council approved by Ordinance No. 2006-137 correcting an inadvertent mistake in Ordinance No. 2005-024 providing for approval of a detail plan for 24.8 acres located with PD-132. The subject property is generally located on the south side of Pockrus Page Road, on the east side of Lakeview Boulevard. (Z04-0024) WHEREAS, there was an inadvertent mistake in the drafting of Ordinance 2005-024 o as the ordinance failed to conform to the information provided to City Council at the meeting when the ordinance was approved as such information clearly provided that the Detailed Plan and the Property would be developed for single-family detached lots pursuant to the standards contained in the Neighborhood Residential 6 (NR-6) zoning classification, except as otherwise provided in the conditions contained in the ordinance. PD-132 is amended by approving the Detailed Plan for the Property to allow for the o development of single-family detached lots under the standards set forth in the NR-6 zoning classification, with the following conditions. Agenda Information Sheet January 15, 2013 Page 7 1.Perimeter walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction developer will also be required to obtain necessary Right-of-Way Agreements prior to construction of wall located within right-of-way; 2.Landscaping, including street trees, will conform to the standards set forth in the Development Code; 3.Sidewalks will be provided along all public and residential streets. The sidewalks within this development shall conform to standards set forth within the Development Code. Both four (4) and five (5) foot sidewalks will be provided and shall conform to the sidewalks on either side of the development. The change from four (4) foot sidewalks to five (5) foot sidewalks shall occur at intersections and/or driveways. 4.Signs will conform to the standards set forth within the Development Code. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to wall construction of signs located within right-of-way. 5.The developer shall permanently close the temporary access at Pockrus Page and Indian Paint Way with the first phase of development. PRIOR ACTION/REVIEW 1.October 18, 1988, City Council, Ordinance No. 88-166 2.August 15, 1989, City Council, Ordinance No. 89-101 3.December 19, 1989, City Council, Ordinance No. 89-190 4.September 4, 1990, City Council, Ordinance No. 90-126 5.November 17, 1998, City Council, Ordinance No. 98-393 6.November 17, 1998, City Council, Ordinance No. 98-394 7.November 17, 1998, City Council, Ordinance No. 98-395 8.November 16, 1999, City Council, Ordinance No. 99-429 9.September 26, 2000, City Council, Ordinance No. 2000-359 10.November 7, 2000, City Council, Ordinance No. 2000-416 11.May 1, 2001, City Council, Ordinance No. 2001-189 12.May 4, 2004, City Council, Ordinance No. 2004-139 13.January 18, 2005, City Council, Ordinance No. 2005-024 14.May 16, 2006, City Council, Ordinance No. 2006-137 Agenda Information Sheet January 15, 2013 Page 8 RECOMMENDATION Staff recommends approval of the Development Agreement, as per the ordinance. EXHIBITS 1.Ordinance No. 2005-024 2.Ordinance No. 2006-137 3.Ordinance 4.Development Agreement Respectfully submitted: Brian Lockley, AICP, CPM Director, Planning and Development Department Prepared by: Erica Marohnic, AICP Planning Supervisor STATE OF TEXAS§ § COUNTY OF DENTON§ DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into by and between the City of Denton,Texasa municipal corporation chartered under the constitution of the State of Texas, and located withinDenton County, Texas (hereinafter called "City"), acting by and through its duly authorized officers, and HMH Lifestyles, LP(hereinafter called "Developer"), acting by and through its duly authorized officers, and concerns a development located withinDenton, Texas,plattedand filed of record as the Villages of Carmel, Phase III (hereinafter called the “Development”). WITNESSETH: WHEREAS, on April 14, 2004,Holigan Land Development, Ltd. (a Texas Limited Partnership), as the original developerof this Development (hereinafter, “Holigan”) requested approval ofa Detailed Plan for approximately 28 acres of land located within zoning district PD-132of the City of Denton, Texas; and WHEREAS,on January 18, 2005, the City Council of Denton, Texas adopted Ordinance No. 2005-024,which approved Developer’s request for a Detailed Plan with conditions,and subsequently approved on May 16, 2006 Ordinance No. 2006-137 amendingOrdinanceNo. 2005-024,with no change to the previous conditions; and WHEREAS, the conditions relevant to this Agreement are set forth in Section 2 of OrdinanceNos 2005-024 and 2006-137, whichstatesin relevant part: "1. Perimeter walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction and the Home Owner Associate will be responsible for maintenance. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to construction of walls located within right-of-way."; and WHEREAS, requirements for perimeter walls then in effect, per Section 35.13.9.B. of the Denton Development Code,readsin relevant part: "Subdivision Perimeter Fence/Walls Standards Along a. Walls shall be made of any combination of wrought iron, masonry, stone or decorative concrete panels. b. Decorative stone, masonry or stucco pilasters are required at a minimum of 50' on center. Page 1of 7 c. The use of a cap is strongly encouraged with other design elements to modulate the top of the wall. Along the right-of-way of aLocal Street a. Walls shall be made of any combination of wrought iron and wood. If wood is used, it shall be constructed with steel posts and a decorative cap with the good side out. b. Decorative stone, masonry, wood or stucco pilasters are required at a minimum 50' on center. Construction Perimeter fences located within 50' of a public or private right-of-way excluding local streets or alleys shall be constructed of masonry material. The framework for newly constructed fences and walls shall face towardthe builder's property, except where fences are jointly constructed. Fences shall not lean at an angle from the vertical plane any greater than five (5%) percent. The use of barbed wire, razor wire or electrified wire in a fence construction is prohibited, except for permitted agricultural and industrial uses. Vision Clearance Area A vision clearance area shall be provided at intersections which meets the standards contained in the Transportation Criteria Manual."; and WHEREAS, the staff report for the January 18, 2008City Council meeting identifiedHoligan as the applicant for the above mentioned Detailed Plan request,and statesinrelevant part: “Masonry Walls The applicant proposes to construct a continuous eight (8) foot masonry wall along the east and west right-of-way lines for Lakeview Boulevard. The applicant also proposes to construct a continuous six (6) foot masonry wall along the south right-of-way line for Pockrus Page Road. Both walls will be constructed in accordance with the standards set forth in the Development Code. The developer will be responsible for construction and the Home Owner’s Associate will be responsible for maintenance. The developer will also be required to obtain the necessary Right-of-Way Agreements prior to construction of walls located within right-of-way.”; and Page 2of 7 WHEREAS, the Amended Plat for Villages of Carmel, Phase III was filed for record in Denton County on August 14, 2006 in Cabinet X, Page 253,and is further located within the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; and WHEREAS, Holiganand its affiliated entitiessold,or were issued permits for constructionofhouses on approximately 106 of the 116lots inthe Development; however, Holiganfailed to complete construction of the required perimeter walls; and WHEREAS, City’s development code provides that building permits may not be issued or approved as completed until all requirements of the development code have been satisfied; and WHEREAS, Holigan, together with a number of other affiliated entities, filed for bankruptcy protection, and Developer has since assumed Holigan’s rights, duties and obligationswith respect to the Development; and WHEREAS, Developeracknowledges that, as a consequence of City’s development regulations, Developer must assure timely completion ofsaid perimeter walls, prior to the issuance of building permits for the Development; and WHEREAS, Developer has arrangedfor construction of these required perimeter wallsbyNorth Texas Hardscapes, Inc. (“Contractor”), pursuant to the designs, maps and elevations attached hereto, and incorporated herein as Exhibit A(hereinafter, the “Walls”),has obtained necessary approvals and building permits for construction of the Walls, and construction has commenced. WHEREAS, Contractor desires to initiate construction of homes onthe final ten (10)lots of the Development (the "Unbuilt Lots"), prior to completing the Walls, and as consideration for City’s agreement to allow construction to begin on the Unbuilt Lots prior to completion of the Walls, has arranged to post security for timely completion of the Walls. Specifically, Developer has proposed that, pursuant to a separate agreement with Holiganapproved by the Bankruptcy Court, HFG Magtex, L.P. willpost the estimated cost of construction for the Walls into an escrow account, with Plains Capital Bank serving as the escrow agent, and Contractor as the beneficiary. Page 3of 7 NOW THEREFORE , in consideration of the mutual covenants and obligations herein,the parties agree as follows: SECTION 1.DEVELOPER PARTICIPATION Developerand its successors and assigns, if any,agree to construct the Walls in accordance with the terms and conditionsstated herein,andin accordance with the following schedule: A.Reference is made to the attached Exhibit A, consistingof: a proposal,for the construction of the Walls; an application and building permit issued to North Texas Hardscape, Inc.,for construction of the Walls; andthe designapproved in the permit. Prior to the issuance of any building permits for the Unbuilt Lots,Developer will arrange for the deposit (whether funded pursuant to a collateral agreement by HFG Magtex, L.P.,or otherwise) the full amount of $166,362.65in escrow,with Plains Capital Bank serving as the escrow agent and Contractor as beneficiary, under terms to be reviewed and approved in advance by the City, from which funds will be released to the North Texas Hardscape, Inc.by the escrow agent, pursuant to the terms of the escrow agreement, as construction of the Wallsprogresses. Developer shall arrange for payment of all escrow fees and any additional costs of construction (whether funded pursuant to a collateral agreement by HFG Magtex, L.P.,or otherwise). B.For the limited purpose of issuing building permits on the Unbuilt Lots, City agrees that Developer’s depositof funds as specified in Section 1.Aof this Agreement shall satisfy Developer’s obligation to install the Walls, provided that the escrow agreement remains funded, and is supplemented as necessary, in an amount sufficient to ensure timely completion of the Wallsby Contractor.Developer shall ensure that the Wallsare completed per the design and in satisfaction of all regulatory standards and requirements,no later than March 1, 2013, and that all permit close-out requirements are fully satisfied. SECTION 2.TIME IS OF THE ESSENCE Timeis of the essence in Developer’s construction of the Walls. SECTION 3.TERM The term of this Agreement shall begin on the date of execution, and end upon the complete performance of all obligations and conditions precedent by the parties to this Agreement. SECTION 4.VENUE AND GOVERNING LAW This Agreement is performable in Denton County, Texas, and venue of any action arisingout of this Agreement shall be exclusively in Denton County, Texas. This Agreement shall begoverned and construed in accordance with the laws and court decisions of the State of Texas. Page 4of 7 SECTION 5.NOTICES Any notice required by this Agreement shall be deemed to be properly served if depositedin the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at therecipient's address shown below, subject to the right of either party to designate a differentaddress by notice given in the manner just described. If intended for City, to:If intended for the Developer, to : City ManagerBruce French, Vice President City HallHMH Lifestyles, L.P. 215 E. McKinney9001 Airport Freeway Denton, Texas 7620INorth Richland Hills, TX 76180 SECTION 6.APPLICABLE LAWS This Agreement is made subject to the provisions of the Charter and ordinances of City, as amended, and all applicable state and federal laws.The parties stipulate that this Agreement does not satisfy any other development obligation under law or City ordinances; particularly, it does not satisfy any applicable impact fee requirements or development exactions to construct required public infrastructure improvements, including those associated with transportation, storm sewer, water, sanitary sewer, or utilities.The parties further stipulate that with respect to the limited scope of this agreement, the funds provided are not disproportionate to the burdens of the development. The parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the Texas Local Government Code. SECTION 7.LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, orunenforceability shall not affect any other provision thereof and this Agreement shall beconsidered as if such invalid, illegal, or unenforceable provision had never been contained in thisAgreement. SECTION 8.COUNTERPARTS This Agreementmay be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. SECTION 9.CAPTIONS The captions to the various clauses of this Agreement are for informational purposes onlyand shall not alter the substance of theterms and conditions of this Agreement. SECTION 10.SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assignsof the parties to this Agreement, and stand as obligations running with the land Page 5of 7 until satisfied infull, regardless of whether the Property is developed as the Development, or as any otheralternative use. EXECUTED this ____________ day ofJanuary, 2013, by the City, signing by andthrough its City Manager, and by the Developer, acting through itsduly authorized officers. APPROVED AS TO FORM:CITY OF DENTON, TEXAS ANITA BURGESSBy: George C. Campbell,City Manager City Attorneyon behalf of the City, pursuant to delegated authority BY: ___________________BY: _____________________ City AttorneyCity Manager HMH LIFESTYLES, L.P., a Texas Limited Partnership, DEVELOPER By: BNMJR, Inc., its general partner By: _____________________________ Name: Bruce French Title:Vice President on behalf of said entities ACKNOWLEDGMENTS STATE OF TEXAS§ § COUNTY OF DENTON§ This instrument was acknowledged before me on the _______ day of ___________, 2013by George C. Campbell, being CityManager of the City of Denton, Texas, a Texas municipality, on behalf of said municipality. Name: Notary Public, State of Texas My Commission expires: Page 6of 7 STATE OF TEXAS§ § COUNTY OF§ This instrument was acknowledged before me on the _______ day of January, 2013by Bruce French,on behalf of BNMJR, Inc., as its Vice President, as general partner for, and on behalf of, HMH Lifestyles, L.P., a Texas Limited Partnership (“Developer” herein). Name: Notary Public, State of Texas My Commission expires: Page 7of 7 NORTH TEXAS HARDSCAPE, INC. 8/30/12 Date 9284 HUNTINGTON SQUARE, SUITE 100 NORTH RICHLAND HILLS, TEXAS 76182 1 of 1 Sheet (817) 281-0700 PHONE (817) 281-0772 FAX PROPOSAL SUBMITTED TO:WORK TO BE PERFORMED AT: History Maker HomesVillages of Carmel Phase III Attn: Bruce FrenchDenton, Texas We Hereby Propose To Furnish The Materials and Perform The Labor ItemDescriptionQuantityUnitUnit CostExtension 0018' Thinwall to Include the Following:1,552L.F.$81.00$125,712.00 1) Stacked Bond Thinwall Columns 12' O.C. Max With Brick Rowloc 2) Running Bond Panels Capped With a Standing Soldier Course Be on the Concrete Mow Strip 3) 6" x 12" Concrete Mow Strip With 6" Void Box >Note: This Wall Design Eliminates the Need for the Galvanized A 0028'-9" Stone / Brick Column With Cast Stone Cap39EA.$515.00$20,085.00 003Remove / Haul Off Existing 6' Wood Fence at Back of Lots1,289L.F.$2.40$3,093.60 004Install Temporary 6' Chain Link Fence1,289L.F.$2.75$3,544.75 005Reinstall Sideyard Fence Panels to New Thinwall Fence26Panels$42.00$1,092.00 006Remove Pier / Grade Beam Spoils from Site1EA$3,480.00$3,480.00 >Location Lots 1 - 5 & 15 - 24 / Lots 1 - 4 Blk 7 & Lots 15 - 19 0072' x 8' Cast Stone Signs4EA$1,195.00$4,780.00 008Demo & Haul Off 68 LF of Existing 8' Thinwall1EA$2,575.00$2,575.00 009Pot Hole Existing Utilities1EA$2,000.00$2,000.00 TOTAL$166,362.35 Notes: 1) North Texas Hardscape, Inc. to Furnish Engineering Design an 2) Brick Allowance - Acme King Size Prairie Land at $299 Per 1, Note: This Brick Has Replaced Acme Southwestern, and is N 3) Stone Type - Rattlesnake Limestone With Random Ashlar Patter 4) Brick Mortar Color - Gray 5) Stone Mortar Color - Buff Exclusions / Limitations: 1) North Texas Hardscape, Inc. Will Not be Held Liable for Any That May Occur During the Wall Construction Process By Owner: 1) Finished Grades to be Established Along Wall Line Prior to t 2) Property Line Stakeout 3) Notify Homeowners of Work Start Date In Order to Allow Them the Day of Fence Removal 4) Remove Existing Street Paving & Establish Grades Extras: Extra Cost Will Be Incurred Should Any Of The Following Circumst 1) Special Pier Drilling Truck Required To Drill Underneath Abo Grade, Where Rock Is Encountered. Extra Charge Will Be $17 2) Cased Piers Required Due To Abnormal Underground Water Condi 3) Spreadfooting Required Due To Underground Utility Conflict W 4) Spreadfooting Required Due To Underground Utility Conflict I Excavation Spoils: 1) Excluded From Above Pricing is the Removal of Excavation Spo All material is guaranteed to be as specified. The above work i specifications submitted for the above work, and will be complet Respectfully Submitted By: Brett Albritton, President North Texas Hardscape, Inc. NOTE: THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 The above price, specifications, and conditions are satisfactory the work as specified. Payment will be made as outlined above. Signature:Date: Any alteration or deviation from specifications involving extra above the estimate. All agreements are contingent upon strikes, insurance upon above work. Workers Compensation and Public Liabi AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.388 acre tract, located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. Stoudt and wife, Gladys F. Stoudt (collectively the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Twenty Five 00 Thousand Three Hundred Seventy Seven Dollars and No Cents ($25,377.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit “B”; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M074) BACKGROUND In accord with the current Mayhill Road Widening and Improvements project initiative (the Project), staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Pyles-Whatley Corporation has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Mr. and Mrs. Stoudt, the Project requires the acquisition of a Fee Tract for street purposes, no compensable improvements exist within the Fee Tract Pyles-Whatley Corporation has provided a real estate appraisal report in regard to Mr. and Mrs. Stoudt’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified acquisition tracts affecting property owned by Mr. and Mrs. Stoudt. FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $25,377. plus closing costs, as prescribed in the Agreement, and any eligible relocation assistance benefits are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.147 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.071 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. Stoudt and wife, Gladys F. Stoudt (collectively the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Twenty Four 00 Thousand Seven Hundred Twelve Dollars and No Cents ($24,712.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M075) BACKGROUND In accord with the current Mayhill Road Widening and Improvements project initiative (the Project), staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Pyles-Whatley Corporation has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. Pyles-Whatley Corporation has provided a real estate appraisal report in regard to Mr. and Mrs. Stoudt’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. In respect to the tract owned by Mr. and Mrs. Stoudt, the Project requires the acquisition of a Fee Tract for street purposes. The proposed west right-of-way line of the Project bisects the residential structure owned by Mr. and Mrs. Stoudt, presently under lease. As a result, the residential structure bisected by the Fee Tract would be in such a condition that it cannot be adequately reconstructed at its present location. A Temporary Construction, Grading and Access Easement is required to provide work space for the contractor to demolish, remove and dispose the Owner’s bisected residential structure, as a component part of the Project. As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the residential structure situated within the subject acquisition tract are entitled to a Residential Relocation Assistance benefit package, separate and apart from the land rights acquisition initiative. An element to the change in state law requires condemning authorities to formally establish a relocation assistance program in conformance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to time (the “Federal Act”). The Denton City Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified acquisition tracts affecting property owned by Mr. and Mrs. Stoudt. FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $24,712. plus closing costs, as prescribed in the Agreement, and any eligible relocation assistance benefits are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.106 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.106 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 200 block of North Mayhill Road (the “Property Interests”), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Kenneth L. Stoudt (the “Owner”); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirty Three Thousand One Hundred Three Dollars 00 and No Cents ($33,103.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a apart hereof as Exhibit “B”; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project – Parcel M076) BACKGROUND In accord with the current Mayhill Road Widening and Improvements project initiative (the Project), staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Pyles-Whatley Corporation has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. Pyles-Whatley Corporation has provided a real estate appraisal report in regard to Mr. Stoudt’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. In respect to the tract owned by Mr. Stoudt, the Project requires the acquisition of a Fee Tract for street purposes. The proposed west right-of-way line of the Project is within a few feet of a residential structure situated upon the remainder of the Stoudt property tract, under lease to a tenant. Equity and fairness necessitates that compensation to the Owner include the full value of the residential improvements upon the remainder tract and demolition, removal and disposal of same. Leaving the residential structure so near the travelled way would create a hazard to the roadway and endanger human life, safety and welfare. Therefore, a Temporary Construction, Grading and Access Easement is required to provide work space for the contractor to demolish, remove and dispose the Owner’s remaining residential structure, as a component part of the Project. As per state statute changes precipitated by the passage of Senate Bill 18, the occupants of the residential structure slated for removal are entitled to a Residential Relocation Assistance benefit package, separate and apart from the land rights acquisition initiative. An element to the change in state law requires condemning authorities to formally establish a relocation assistance program in conformance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to time (the “Federal Act”). The Denton City Council, at the meeting of April 17, 2012, adopted Ordinance 2012-073 to satisfy that requirement. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified acquisition tracts affecting property owned by Mr. Stoudt. FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $33,103. plus closing costs, as prescribed in the Agreement, and any eligible relocation assistance benefits are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Prepared by, Frank G. Payne, P.E. City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECTNeighborhood Empowerment Program Neighborhood Empowerment Advisory Board , criteria and guidelines for the approval of matching contributions under applications by eligible persons under the program; setting forth additional details in relation to the program, providing a savings clause; and providing an effective date. BACKGROUND On January 16, 2001, City Council approved Ordinance No. 2001-035 (Exhibit 1) amending Chapter 14 of the City of Denton Code of Ordinances, which established Article VI Empowerment Program. The Neighborhood Empowerment Program (NEP) provided matching grant funds to qualified neighborhood organizations or groups for neighborhood projects which promote long term, public benefit to neighborhoods and to citizens of Denton. Neighborhood projects were funded based on their ability to: Improve the appearance of the neighborhoods and promote maintenance and ; Establish community pride in the neighborhoods by involving neighborhood residents more directly in all phases of the neighborhood development; Improve public safety by establishing traffic control devices, monuments and other improvements; and Improve public health by preserving and enhancing the environment, promote the public health, welfare and safety. The goals of the NEP were implemented through two funding sources, the Neighborhood Project Matching Grant and the Neighborhood Micro-Grant. The Neighborhood Project Matching Grant was managed by neighborhood organizations or groups who were formally organized and had the capacity to develop projects and establish partnerships for projects up to $10,000. However, the Neighborhood Micro-Grant was devised to assist neighborhoods in creating new neighborhood organizations or solicit additional membership to an existing one. Grant funding for the Neighborhood Micro-grant was up to $100.00. Agenda Information Sheet January 15, 2013 Page 2 As adopted, the NEP was administered through the Community Development Director with other departments serving on the Advisory Board and participating in the review of project applications. Since adoption of this ordinance in 2001, several neighborhood projects were funded. For an example, the Nette Schulz Neighbors raised money and worked collaboratively with Parks and Recreation to install the perimeter sidewalk at Nette Schulz Park. They used NEP funds to place a backboard at the existing tennis court for solo players and later purchased (from Parks equipment from the hot summer sun. The Fiscal Year 2012-2013 adopted budget allocated to the City of Denton Neighborhood Planning Program (CDNPP) $84,000 in total funding. Of this amount, $34,000 is used for existing CDNPP services such as the annual Neighborhood Empowerment Summit, Engage Denton, and the development of neighborhood small area plans. The remaining $50,000 will be used for the NEP to offer grants to qualified neighborhood organizations or groups for neighborhood projects which promote long term, public benefit to neighborhoods and to citizens of Denton. Instead of implementing a new program, the CDNPP will augment the existing NEP to effectively disperse grant monies. To this end, staff has reviewed the existing ordinance and will make recommendations in the form of amendments to Ordinance No. 2001-035. These amendments will allow more creativity and broad based neighborhood projects and programs to be crafted amongst area neighborhood organizations and groups that will be eligible for funding. The amendment to the ordinance includes these broad categories as described: Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may include landscaping, tree plantings, signage, equipment, decorative structures, and similar beautification or enhancement projects. Physical improvement Projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association will be considered on a case by case basis, if it is shown to provide a communal benefit to the neighborhood. Public safety programs or initiatives, such as safety training, crime or fire prevention programs, traffic deterrent or calming projects or studies. Cultural, educational, and recreation programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultural arts programs, and summer camps. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood. These must not contain plans currently being developed by the City. Agenda Information Sheet January 15, 2013 Page 3 Eligible projects must include the following criteria as appropriate: Provide long term, public benefit to the neighborhood Be located on publicly accessed property (right-of-way, neighborhood common area, etc.) Have demonstrated neighborhood support Be compatible with adjacent properties Involve neighborhood residents directly in all phases Have goals which can be accomplished normally in 12 months or less Must demonstrate appropriate long-term maintenance codes In addition, the Neighborhood Empowerment Program Advisory Board will be comprised of Parks and Recreation, Engineering, Planning, Police, Community Development, Economic Development, and Code Enforcement staff representatives. This Board will review and evaluate each application and make recommendations to the City Manager for final approval. The Planning and Development Department will update the City Council on the issuance of grant funds and approved projects at the conclusion of each application cycle. In order to thoroughly review submittals in an equitable manner staff has developed criteria, each with a weighted score, to evaluate applications. Each application will be evaluated on the following criteria: Criteria Category Scoring Weight Explanation of Criteria Project Description and 40 Precise description of project, which Statement of Qualifications includes needs, benefits to the neighborhood, and sound budget Implementation Tasks And 35 Clear demonstration of how the Schedule project will be accomplished Volunteers, Participation, 25 Demonstrated participation of Donations, and registered residents in the project and with the CDNPP documented match in forms of letters, in-kind services or donations Maximum Number of Points 100 The highest score received on the evaluation form. Project proposals that received an evaluation score of 30 points or less will not be considered for funding, but may be resubmitted for the next award cycle. Furthermore, each non award proposal will have the opportunity to meet with the Advisory Board to discuss project, application, and partnerships. Before each review cycle, staff will host a grant training workshop Agenda Information Sheet January 15, 2013 Page 4 to advise interested groups and individuals of eligible projects and program and application requirements. In the event a grant proposal is denied by the Board, other than for a lack of funding in which no appeal is authorized, either the Advisory Committee. The Human Services Advisory Committee will review appeals associated with: 1.Public safety programs or initiatives, such as safety training, crime or fire prevention programs, traffic deterrent or calming projects or studies. 2.Cultural, educational, and recreation programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultural arts programs, and summer camps. 3. Neighborhood master plan or comparable studies that focus on enhancing the . neighborhood. These must not contain plans currently being developed by the City The Community Development Advisory Committee will review appeals associated with: 1.Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may include landscaping, tree plantings, signage, equipment, decorative structures, and similar beautification or enhancement projects. Physical improvement projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association will be considered on a case by case basis, if it is shown to provide a communal benefit to the neighborhood. At a public hearing relative to an appeal, each appeals Committee shall render their decision based on if the grant proposal has met the following criteria: Provide long term, public benefit to the neighborhood Be located on publicly accessed property (right-of-way, neighborhood common area, etc.) Have demonstrated neighborhood support Be compatible with adjacent properties Involve neighborhood residents directly in all phases Have goals which can be accomplished normally in 12 months or less Must demonstrate appropriate long-term maintenance codes Agenda Information Sheet January 15, 2013 Page 5 The decisions of the appeals Committee will be final however, in no event will the denial of a grant application preclude the applicant from reapplying to subsequent Neighborhood Empowerment Program. OPTIONS 1.Approve as submitted 2.Approve with additional amendments 3.Deny the request 4.Postpone consideration 5.Table item. RECOMMENDATION APPROVAL Staff recommends of of the request. PRIOR ACTION/REVIEW 1.City Council approval of Ordinance No. 2001-035 January 16, 2001 2.City Council Work Session January 8, 2013 EXHIBITS 1.Ordinance No. 2001-035 2.Neighborhood Project Matching Grant 3. 4. 5. 6.Indemnity Agreement 7.Neighborhood Project Grant Award Cycle 8.Neighborhood Project Grant Award Calendar 9.Neighborhood Empowerment Program Marketing Plan 10.Ordinance Agenda Information Sheet January 15, 2013 Page 6 Prepared by: Katia Boykin Planning Supervisor Respectfully submitted: Brian Lockley, AICP, CPM Director, Planning and Development S:\Planning\CC Related\Year 2013\01- Jan\01.15.13\AIS\Neighborhood Empowerment Program\Neighborhood Empowerment Program_All Exhibits.docx Exhibit 2 Proposed Ordinance ORDINANCE NO._________________ AN ORDINANCE AMENDING CHAPTER 14 “HEALTH AND HUMAN SERVICES” OF THE CITY CODE BY ESTABLISHING A NEW ARTICLE VI “NEIGHBORHOOD EMPOWERMENT PROGRAM” TO ESTABLISH A NEIGHBORHOOD EMPOWERMENT PROGRAM TO ENHANCE AND IMPROVE NEIGHBORHOODS THROUGHOUT THE CITY OF DENTON; CREATING A NEIGHBORHOOD EMPOWERMENT ADVISORY BOARD; ESTABLISHING CRITERIA AND GUIDELINES FOR THE APPROVAL OF MATCHING CONTRIBUTIONS UNDER APPLICATIONS BY ELIGIBLE PERSONS UNDER THE PROGRAM; SETTING FORTH ADDITIONAL DETAILS IN RELATION TO THE PROGRAM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the health, economic condition, public welfare and safety of a city is affected by the quality and viability of its neighborhoods; and WHEREAS, neighborhood projects and programs which promote long term, public benefit to neighborhoods and to citizens of Denton as a whole by improving the appearance of the neighborhoods, enhancing resident’s quality of life, establish community pride in the neighborhoods by involving neighborhood residents more directly in all phases of the neighborhood development; promote maintenance and enhancement of the neighborhood, improve public safety by establishing traffic control devices, monuments and other improvements; increase the neighborhood’s and adjacent neighborhood’s property value by improving the appearance of the neighborhood; improve public health by preserving and enhancing the environment promote the public health, welfare and safety and constitute a valid public purpose; and WHEREAS, the City Manager has recommended and the City Council has determined that a Neighborhood Empowerment Program whereby the City provides certain qualified neighborhood organizations and groups matching funds or contributions of in-kind services to accomplish one or more of the above- mentioned purposes is deemed to be in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 14, “Health and Human Services” of the Code of Ordinances of the City of Denton is hereby amended by enacting a new Article VI, “Neighborhood Empowerment Program” with Subsections 14-119 – 14-123 inclusive which shall read as follows: Article VI. Neighborhood Empowerment Program. Section 14-119. Establishment and Purpose This hereby established a Neighborhood Empowerment Program (NEP) to provide matching City funds or in-kind services to help improve the quality of life in the City’s neighborhoods. The goal of the NEP is to encourage and select prepared projects which meet the program guidelines set forth herein that foster self-help, self-management, neighborhood pride, and enhance and beautify the City’s neighborhoods. The NEP will provide matching funds or in-kind services which are to be awarded on the bases of merit. A maximum of $10,000 will be available per project. The total available funding will be established in each budget year based on the amount budgeted for the NEP as approved by the City Council in the annual budget. Section 14-120. Neighborhood Empowerment Program Advisory Board a. There is hereby created a Neighborhood Empowerment Advisory Board which shall be composed of seven members. The City Manager shall designate one member of the Board from the Parks & Recreation, Engineering, Planning, Police, Economic Development, Code Enforcement, and Community Development Departments. Four members of the Board shall be chosen from a neighborhood association or representative group from each of the four City Council districts. The neighborhood representative shall serve for two-year terms provided, however, the first two representatives appointed to the Board will serve one-year terms, allowing two new neighborhoods to be represented on the Board each subsequent program year. Appointments of the neighborhood association or group members will be randomly selected from each of the four council districts. b. The Board will evaluate each application to participate in the NEP based on the following criteria: 1.Project Description and Statement of Qualifications – Precise description of project, which includes needs, benefits to the neighborhood, and sound budget. 2.Implementation, Tasks, and Schedule – Clear demonstration of how the project will be accomplished. 3.Volunteers, Participation, and Donations – Demonstrated participations of residents in the project and documented matching forms of letters, in-kind services, or donation of materials, or other secured funding sources. 1.Replicability–the ease in which the project can be successfully replicated in other neighborhoods. 2.Self-evaluation–based on criteria that will be specified by the Board to evaluate the success of the project. 3.Project quality –to evaluate whether the project is well articulated, planned, and ready to proceed including whether there is a demonstrated need for the project, whether the budget is reasonable, cost-effective, and within the scope of the NEP. 4.Neighborhood match –whether the match meets theminimum requirement, is secured, and ready to be expended. Projects will be evaluated on a sliding scale. Low to moderate income neighborhoods will receive additional consideration and selection and a reduction in necessary neighborhood match to the extent this can be accomplished in accordance with the law. 5.Neighborhood involvement –inclusiveness, participation and cost/benefit, projects will be evaluated to determine if they promote the neighborhood, build relationships and cooperation among neighborhoods, whether a significant number of people will be involved and will benefit from the program, how the program will enhance not only the neighborhood but adjacent neighborhoods and the City as a whole, whether the program is not controversial, has no neighborhood opposition, and whether diverse interests are involved. c. The Board will act as an advisor to the City Council in administering the NEP. It will make recommendations to the City Council with regard to changes in the NEP guidelines, the success of the NEP, and the funding level of NEP which responsibilities shall include, without limitation: 1. Making recommendations to the City Council with respect to annual budget appropriations for the NEP. 2. Making periodic reports to the City Council with regard to the status and effectiveness of the NEP. 3. Administering the NEP to ensure that the successful applicants comply with the terms and conditions of the NEP. 4. Promulgate rules and establishing procedures to aid the Board in performing its functions. Section 14-121. Eligible Program and Projects Individuals from five or more separate households and living within the city limits may submit an application to the City of Denton Neighborhood Planning Program (CDNPP)Community Development Director (Director). The CDNPPDirector shall establish, with the approval of the Board, additional guidelines to make sure that applications are approved on the basis of merit and are consistent with NEP guidelines. Any project which promotes the public health, safety or welfare of the City by accomplishing one or more of the public purposes set forth in Section 14-119 above and the preambles to the ordinance which enacts the NEP by enhancing the appearance and improving the quality of life in Denton’s neighborhoods is eligible. Such projects must include the following: a. All projects are required to have a citizen project coordinator to be a liaison between the City and the neighborhood during project development implementation. b. Matching fund awards will be made only to groups of five or more separate households who can be identified with a particular Denton neighborhood. Awards will not be made to individuals, single businesses, universities, hospitals, institutions, foundations, political, fraternal, or religious organizations. Government and public agencies, social services district councils, citywide groups, and city developments are also not eligible for the program. Eligible applicants may form partnerships with any of these ineligible groups to plan and implement the project. But the eligible applicant must retain the primary role in the partnership and remain responsible for performing the project. c.Project criteria (applicability is based on project and program types):Eligible projectsmust: 1. Provide long-term, public benefits to the neighborhood. 2. Be located on public access (right-of-way, neighborhood, common area, or other public access property). 3. Have demonstrated neighborhood support. 4. Be compatible with adjacent properties. 5. Involve neighborhood residents directly in all phases. 6. Have goals which can normally be accomplished within twelve months or less. 7. Must demonstrate appropriate long-term maintenance programs. 8. Be within the City’s legal authority as determined by the City’s legal department and comply with existing City of Denton’s codes, regulations and policies. d. All projects shall fall within one of the following sixcategories: 1.Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may include landscaping, tree plantings, signage, equipment, decorative structures, and similar beautification or enhancement projects. Physical improvement projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association will be considered on a case by case basis, if it is shown to provide a communal benefit to the neighborhood. 2.Public safety programs or initiatives, such as safety training, crime or fire prevention programs, traffic deterrent or calming projects or studies. 3.Cultural, educational, and recreation programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultural arts programs, and summer camps. 4. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood. . These must not contain plans currently being developed by the City Youth improvements: which may include, without limitation, small play area, basketball court/hoops. 2.Neighborhood identity: which may include signage, entrance beautification, or other neighborhoodlandmarks. 3.Public art or amenities: which may include, benches, sculptures, gardens. 4.Traffic safety: which may include, speed bumps and traffic calming devices. 5.Capital equipment purchase: which may include neighborhood bulletin boards and neighborhood picnic areas 6.Environmental improvement: which may include ride-sharing, LINK shelter, composting, tree planting, trail head enhancements. e. In order to obtain matching City funds or services from the Neighborhood Empowerment Program, the neighborhood must identify matched items of equal value of the amount requested. Matched items that can be donated, include professional services, donated material or supplies, volunteer labor or cash. The value of the neighborhood match must equal or exceed the amount requested from the neighborhood requested matching NEP funds. The type of the match must be appropriate to the needs of the project. The proposed match must be extended during the life of the project or after completion.and meet the following guidelines: 1.Assistance from other City funds cannot be counted as part of the match. 2.At least 25% of the neighborhood’s match must come from the neighborhood itself as opposed to other funding entities such as the DISD, non-profit corporations other than the neighborhood group or association, or another governmental entities. All volunteer labor will be valued at $10 per hour. Professional services, if needed for the project, are to be valued at the reasonable and customary rate prevailing in the profession and the in the community. The neighborhood match must be pledged and secured. Secured means that the donor has to specifically describe the contributions in the NEP matching fund contract (contract) to confirm the commitment. Individuals who donate professional services or skilled labor as part of the neighborhood match cannot also receive compensation from the City’s match money. Section 14-122. Application for Neighborhood Empowerment Program Matching Funds. a.The applicant must attend one of the four Neighborhood Empowerment Program Matching Grant Workshops. b.Applications for Neighborhood Empowerment Program matching funds under this chapter must be filed with the City’s Neighborhood Planning ProgramCommunity Development Department upon forms described by the Board and the department for that purpose. c. The application shall include all information indicated by this Article VI along with any additional information that the Board deems necessary in order to perform its functions as set forth in Section 14-120. d. All applications shall be verified by the applicant as to the truth and correctness of all facts and information presented. e. All successful applicants shall be required to execute a contract on a form approved by the City Attorney and to execute such other forms as the Neighborhood Planning Program and the Board deem necessary to insure the approved projects completion. Section 14-123. Review, Approval and Denial by the Board. a.If the CDNPPDirector determines the application is consistent with the requirements of this Article VI, the CDNPP Directorshall forward the application to the Board for its evaluation. The Board shall review the application based on a matching fund project evaluation form developed by the CDNPP Director and approved by the Board which takes into consideration all the criteria for evaluation set forth in this Article. b.The Board will make a recommendation to fund qualified projects to the City Manager for final approval. If an application is approved or denied by the Board, the successful applicant will be notified within 30 days after the application submission is forwarded to the Board by the CDNPP Director. Authorization to begin the project will be given after the applicant executes the contract. The applicant must begin the project within three months of this authorization and follow the project schedule timeline that has been approved by the Board. c.If a grant proposal is denied by the Board, the applicant has 30 days to appeal the Board’s decision, as applicable, to either the City’s Human Resources Advisory Committee or the Community Development Advisory Committee for funding approval or denial.Applicants who the Director determines have submitted applications which are incomplete will be notified of this within two weeks of the submission of the application. The Director and the Board shall have the right to request additional information from the applicants as deemed necessary to adequately evaluate the application and the project. During any such period of submission of additional information the timeline for reviewing the application shall be tolled. SECTION 2. That save and except as amended hereby, all the remaining sections, sentences, clauses, and phrases of Chapter 14 of the City of Denton Code of Ordinances shall remain in full force and effect. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2000. ______________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ Exhibit 3 Neighborhood Project Matching Grant Attachment A NEIGHBORHOOD EMPOWERMENT PROGRAM NEIGHBORHOOD PROJECT MATCHING GRANT The Neighborhood Project Matching Grant is purposed to empower citizens to improve the overall quality of life in their neighborhoods through citizen and government partnerships. The grant matches City and neighborhood resources to complete neighborhood-proposed projects that foster self-help, self-management, and neighborhood pride, as well as enhance and beautify the neighborhood. Funds are awarded on the basis of merit with a maximum of $10,000 per project; however, an exception to the maximum may be granted when mitigating circumstances are supported. Examples of such circumstances might include placement of public art that benefits more than just the immediate neighborhood, the acceleration of a project that is included in the CityÔs long-range plan, and projects that serve an overwhelming community need. This is a reimbursement grant. Funding will not be released until the project is completed and proper documentation is submitted to the City of Denton Neighborhood Planning Program (CDNPP); however, monies may be provided upfront for certain approved expenses. WHO MAY APPLY Neighborhood associations, homeowner associations, tenant associations, and neighborhood groups may apply. All projects are required to have a Citizen Project Coordinator as the liaison between the City and the neighborhood during project development and implementation. Matching fund awards are not made to single individuals or businesses, universities, hospitals, institutions, foundations, or political, fraternal, or religious organizations. Additionally, government and public agencies, social services, district councils, citywide groups, City departments, and requests to support the ongoing operating budgets of organizations are not eligible; however, eligible applicants are encouraged to form partnerships with these ineligible groups to plan and implement projects. The eligible applicant must retain the primary role in the partnership. If you have questions, call (940) 349-8541. For additional applications, visit www.cityofdenton.com/neighborhoodplanning and click on ÑNeighborhood Grants.Ò PROGRAM DESCRIPTION Eligible neighborhood groups or associations may apply for the maximum amount of $10,000 per cycle upon the following contingencies: Project appropriateness Funding availability The ability of the applicant to match the award at 100% through financial contributions, in-kind donations, or volunteer hours. Qualifying projects must take place within the City of Denton, provide a communal benefit as determined by the Neighborhood Empowerment Grant Advisory Board, and fall within one or more of the categories listed below as a qualifying project. QUALIFYING PROJECTS 1.Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may include landscaping, tree plantings, signage, equipment, decorative structures, and similar beautification or enhancement projects. Physical improvement projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association will be considered on a case-by-case basis if it shows to provide a communal benefit to the neighborhood. 2.Public safety programs or initiatives such as safety training, crime or fire prevention programs, traffic deterrent, or calming projects or studies. 3.Cultural, educational, and recreational programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultural arts programs, and summer camps. 4.Neighborhood master plan or comparable studies that focus on enhancing the neighborhood. These may not contain plans currently being developed by the City. PROJECT CRITERIA If applicable, qualifying projects must meet the following criteria: Provide long-term, public benefit to the neighborhood Be located on publicly accessed property (right-of-way, neighborhood common area, etc.) Have demonstrated neighborhood support Be compatible with adjacent properties Directly involve neighborhood residents in all phases Have goals that may be typically accomplished within 12 months or less Must demonstrate appropriate long-term maintenance Be within the CityÔs legal authority and comply with existing City of Denton policies & codes PROJECT EVALUATION The Neighborhood Empowerment Grant Advisory Board is comprised of representatives from the following departments: Parks and Recreation, Engineering, Planning, Police, Code Enforcement, Economic Development, and Community Development. The Neighborhood Empowerment Grant Advisory Board reviews, evaluates (in accordance to the evaluation sheet), and selects successful applications for final approval by the City Manager. The Advisory Board will evaluate each application based on the following criteria: CRITERIA CATEGORY SCORING WEIGHT EXPLANATION OF CRITERIA The precise description of the Project Description and project, including needs, benefits to 40 Statement of Qualificationsthe neighborhood, and sound budget Implementation Tasks and A clear demonstration of how the 35 Schedule project will be accomplished Demonstrated participation of Volunteers, Participation, residents in the project and and Donations Registered 25 documented match in forms of letters, in-kind services, or with the CDNPP donations Highest Possible Score 100 Neighborhood Empowerment Program funds are limited, and projects will be awarded (upon City Council approval) up to four times per year. Awards are based on a projectÔs rating, and the most highly rated projects will be awarded first. Projects must take place within the boundaries of the neighborhood; however, exceptions may be made for donated space outside the neighborhood when sufficient space within the neighborhood is not available. Improvement projects that are targeted under the City of Denton Capital Improvement Plan will not be funded under this grant program. CRITERIA FOR FUNDING APPROVAL To be considered for funding approval, eligible neighborhood groups with qualifying projects must: Successfully complete the grant application process Provide evidence that the project qualifies for this funding program Provide evidence that the requested grant and project was favored by a majority vote of neighborhood association members or a neighborhood group that has received support from 60% of the households or businesses to sign a petition for the project Assume the lead role and responsibility for the project (Partnerships with non-eligible individuals or groups such as businesses, religious, fraternal or community organizations, educational institutions, political groups and non-eligible neighborhoods may be permitted.) Provide advance notice of all other funding sources, both public and private, for the same project Contribute to and ensure resident involvement in all phases of the project by making a significant neighborhood donation in dollars, goods, or in-kind services such as volunteer hours (At least one quarter of the neighborhood match must come from volunteer efforts. For example, 25% of a $2,500 matching grant is $625; and at the approved rate of $12 per hour, 52.08 volunteer hours would be required.) Note: Association officers or members who may provide project consulting or planning services are not entitled to receive a salary or payment for project-related services or operating expenses. Requests for salaries or operating expenses will only be considered for contracted, professional service providers. CRITERIA FOR DISQUALIFICATION OR FUNDING DENIAL Applicants may be disqualified or denied grant funding for any one of the following reasons: A grant application is submitted after the deadline. One quarter of the neighborhood match does not come from volunteer efforts. A grant application is incomplete or missing supporting documents such as a budget or volunteer hours. The matching labor funds and other donations is not equal to or greater than the full amount of the matching grant. The mandatory technical grant workshop is not attended. The association, group, or partner has no bank account or Federal Tax ID number. Funding under this matching grant program was previously provided, but the neighborhood association or group has not successfully completed the funded project. APPLICATION PROCEDURES AND TRAINING Step 1: Schedule to attend a grant-training workshop. The City of Denton Neighborhood Planning Program may be contacted for training workshop dates, times, and locations. For your convenience, multiple training workshops will be scheduled. Each session will address how to complete the Neighborhood Project Matching Grant application, how to increase your opportunities to receive funding, and how to implement a project. Additional information will include an explanation of grant requirements and examples of technical needs assistance. Step 2: Obtain a grant application by contacting the City of Denton Neighborhood Planning Program at (940) 349-8541 or download the application at www.cityofdenton.com/neighborhoodplanning. (A copy of the application form is attached hereto as Attachment A.) Step 3: Complete the application in detail and mail or hand deliver the original plus seven copies to the City of Denton Neighborhood Planning Program at City Hall West, 221 N. Elm St., Denton, TX 76201. SELECTING PROJECTS FOR GRANT FUNDING The Neighborhood Empowerment Grant Advisory Board Ï consisting of representatives from Parks and Recreation, Engineering, Planning, Police, Code Enforcement, Economic Development, and Community Development Ï will be formed to screen each application and determine if the applicant meets the criteria for funding approval. A representative from the corresponding division will review funding requests for projects involving improvements to public parks or City-owned and/or maintained property or projects, which directly involve a particular expertise. Applications will be reviewed and ranked by using an ÑEvaluation Criteria Ranking SheetÒ (Attachment B). Projects will be ranked by the Neighborhood Empowerment Grant Advisory Board for City ManagerÔs approval. The number of grants awarded will be based on available funding and the Evaluation Criteria Ranking Sheet. The City reserves the right to deny any grant request for a project or activity deemed to be inappropriate, offensive, or discriminatory, or for any other reason within the CityÔs sole discretion. GRANT PROGRAM CONDITIONS Once the City awards a grant, a contract and hold harmless agreement with the City of Denton must be signed (Attachments C and D). After the contract is executed, a check may be prepared and disbursed for the necessary materials or supplies included in the approved application/budget. Funding for volunteer hours, in-kind donations, or project services identified in the budget may not be reimbursed until after such service is rendered and verified by the City. Checks will be made out to associations or project partners with Tax ID only. Grant funding recipients must submit a monthly project status report that may include pictures, a description of completed portions of the project, and financial records such as invoices, receipts, contracts, and vouchers. A final project report with original documentation must be submitted to the CDNPP by mail or in person no later than thirty days after the completion of the project. Projects are to be completed within the period specified in the grant award. If no significant progress has been made after six months following the award of the grant funds, the Neighborhood Empowerment Grant Advisory Board will assess the status of the project and determine if it should be continued or terminated. Any project scheduled for completion by the end of the fiscal year (ends Sept. 30) must be completed and approved for reimbursement no later than Sept. 1 of that year. If this deadline is not met, the project may not be continued until a new application is submitted and approved. In addition, if the deadline for reporting and completing the project is not met, the association or group could be denied the opportunity to receive future grant funds under this or other grant programs. The grant program recipient as a whole is responsible for repairing any public or privately owned fixtures, sidewalks, vegetation, or other features that may be damaged during the course of implementing the project. Grant recipients must comply with all applicable laws, rules and regulations, as well as obtain all required permits for signs, structures, right-of-way work, etc. Unless the City agrees to other arrangements in advance, the City will only continue its current level maintenance in and around the project site after the project is completed. Maintenance of the project area over and above the CityÔs routine maintenance remains the responsibility of the grant recipients. Exceptions will be considered on a case-by-case basis by the Neighborhood Empowerment Grant Advisory Board, as well as by the City Manager or his designee. Approval will be rendered on the basis of benefit to the public. NEIGHBORHOOD EMPOWERMENT PROGRAM GLOSSARY OF TERMS Budget estimate Ï projected expenses for project materials, applicant match, volunteer hours, in-kind donations, cash, etc. Cost-share Ï in-kind services or funds set aside specifically for the project Citizen Project Coordinator Ï neighborhood resident who is the liaison between the City and the neighborhood Deadline Ï a specified time or date after which completed applications will no longer be considered Donations Ï goods or services with a measurable value given to an association and/or applicant HomeownerÔs Association (HOA) Ï is a mandatory association that is formed when a subdivision is planned and dues are assessed. In-kind Ï a value placed on materials, supplies, and/or professional service donations that may be counted toward the grant match (For example, a donation of landscape material that retails for $100 would count as a $100 match.) Maintenance Ï the applicantÔs ongoing care of the project and surrounding area, such as weeding, mowing or watering a landscaped median area Match Ï applicant-provided cash, goods, services, and volunteer hours that are equal to the grant request (Volunteer hours are valued at $12/hour.) Neighborhood group Ï individuals from five or more neighboring businesses and/or households within the city limits of Denton Neighborhood association Ï a voluntary group of people living in a specific area who came together for the betterment of the neighborhood. May include HOAs and tenant association Tenant Association Ï renters at an apartment complex Public benefit Ï the positive effects of a project or program upon the community or city-at-large Public property Ï any City-owned land, facility or structure such as recreation centers, parks, or public rights-of-ways Right-of-way Ï any street, avenue, boulevard, highway, sidewalk, alley or similar place dedicated for vehicular and/or pedestrian use which is controlled by the city, state or federal government FREQUENTLY ASKED QUESTIONS 1.How many times may my association apply for funding? Associations or groups may apply for funding four times each fiscal year. The City of DentonÔs fiscal year begins Oct. 1 and ends Sept. 30. 2.How do I access funds allocated to my project? Grants recipients may access funds in any of the following ways: Check: Upon prior approval of the Neighborhood Empowerment Advisory B neighborhood organizations or project partner that have a Federal Tax ID number and have proof of being in existence for at least one year may receive a check in the amount of the grant to be deposited into the organizationÔs bank account. : The City can issue purchase orders to vendors who are willing to be on the Purchase Order CityÔs approved vendor list. A vendor must print out an estimate for all the items needed. The estimate must be provided to the CDNPP staff, which will have the City Finance Office provide a purchase order to the vendor. Identify the persons from your organization authorized to pick up items on behalf of the organization. The vendor will have a copy of the purchase order and will allow you to acquire the items listed. Allow at least 15 business days to process this request. Reimbursement: Purchase the items yourself and submit the original receipts to the CDNPP staff for reimbursement. You may deliver or mail the receipts monthly during the course of the project. Allow at least 15 business days to process this request. City Procurement: At the neighborhood organizationÔs request, the CDNPP can purchase the items through the CityÔs procurement process. Contact the CDNPP at (940) 349-8541 for an appointment. To use this option, a purchase may not exceed $500, including tax. Vendor Check: A vendor check may be issued if a vendor does not accept a purchase order or procurement card. Allow 15 business days to process the request. 3.What if my application is not approved? You may request feedback on your application with the Neighborhood Empowerment Advisory Board, and are welcome to resubmit your application. The CDNPP can assist you with your application. ELIGGIBLE PROJJECTS Beloow are exammples of eligible projeects. This is not an all--inclusive liist. Applicants are enccouraged too submmit creativee ideas for mmatching grants. Community gardenns and landscaping Educatioonal program such as lawn care aand propertty maintenaance Neighboorhood signnage or identity Public arrt or amenity Neighboorhood parks and relatted improvements Right-off-way improovements Environmmental imp rovements Youth programs Senior PPrograms Programms for persoons with dissabilities Traffic saafety Community health fair Community festivals (Foood cost mayy not exceed ten perceent of the pprojectÔs tottal costs.) INELLIGIBLE PRROJECTS OR PROJECTT EXPENSEES Motor vehicles of aany kind forr any purpoose Payment to individduals or coompanies too provide sservices thaat are available from the City of Denton Purchasee of real pproperty in the name of the asssociation or any otheer group, inndividual or organizaation Mobile pphones, serrvices, assocciated air time, or simiilar electronnic devices Money ffor individuuals, organizations, orr groups foor their privvate use orr for uses tthat do not benefit the neighbborhood att large (Thiis includes payment for services as rent, telephoness, utilities, and interneet.) Social, ppolitical, or ffraternal orrganization membershhips Field tripps or admisssions Cash prizes Yard equuipment, chhainsaws, wweed-eaterss, lawnmowwers, or simmilar equipmment, unlesss part of ann approveed communnity tool sheed (Rental oof equipment is permittted.) Exhibit 4 Attachment A NEIGHBORHOOD PROJECT MATCHING GRANT APPLICATION Use this application to describe the proposed project in detail, being certain to identify the expected benefits and include a budget that clearly shows cost-share items. Print in blue ink or type. Complete this application in full. If any questions do not apply to the grant or project, write or type “not applicable” or “N/A”, in the slotted area. Do not leave any part of the application blank (with exception to extended lines not required for descriptions etc.). Additional sheets may be used as necessary. Submit the one (1) original application and seven (7) copies in to the City of Denton Neighborhood Planning Program (CDNPP) at 221 N. Elm Street Denton, Texas. All applications must be received at the CDNPP office no later than 5:00 p.m. on the closing date published on the grant calendar. If the application deadlines dates fall on a holiday, Saturday or Sunday, the following business day will apply. If representatives of organizations have questions concerning this program or the application, call the CDNPP office at (940) 349-8541. GENERAL INFORMATION 1. Name of Association or Group __________________________________________________ 2. If Group, specify the number of households __________________________________________________ 3. If association, are you registered with the City of Denton Neighborhood Planning Program? _____ Yes _____ No 4. Federal Tax I.D. Number (if applicable) ________________________________________________ 5. Bank Name and Account Number (if applicable) _________________________________________ 6. Name, address, and phone numbers of responsible person(s) a. Name___________________________________________________ b. Mailing Address ___________________________________________ c. City and Zip Code _________________________________________ d. Phone Number – Day _____________ Evening __________________ e. Fax Number______________ E-mail __________________________ 7. Check which funding areas your project fits: Physical improvements to neighborhood entryways, perimeter areas, street borders and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such improvements may include landscaping, tree plantings, signage, equipment, decorative structures, and similar beautification or enhancement projects. Physical improvement projects must be performed in a public right-of-way or on public property. Projects on property owned by a neighborhood or homeowners association willbe considered on a case by case basis, if it is shown to provide a communal benefit to the neighborhood. Public safety programs or initiatives, such as safety training, crime or fire prevention programs, traffic deterrent or calming projects or studies. Cultural, educational, and recreation programs including literacy programs, leadership training, computer labs, after-school enrichment programs, cultural arts programs, and summer camps. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood. These must not contain plans currently being developed by the City. 8. Has the applicant received previous grant assistance from the City of Denton? Yes____ No____ Project Name ___________________ Date________ Amount _________ Department/Division____________________ 9. Project Title And Description a. Project title_______________________________________________ ___________________________________________________________ b. Project description (describe needs, location, partnerships, expected results, and benefits to neighborhood/community/city-at-large) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 10. Provide a project schedule that specifically details how your association/group plans to accomplish the proposed project/plan. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 11. How does your project promote “neighborhood,” build relationships or promote cooperation among neighbors? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 12. Does the proposed project involve diverse interests (e.g., business owners and residents, people of different income levels, racial and ethnic groups, tenants and homeowners)? Support letters from participants are welcome but not necessary. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 13. Provide the criteria your group has established in order to measure the success of your project. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 14. Budget Information a. Total amount of money requested $ ___________________________ b. Total project expense $ ____________________________________ c. Total amount of donations: volunteer labor, in-kind donations, and/or professional services $ ______________________________________________________ d. Estimated project time-frame _________________________________ 15. Provide an itemized budget showing cost of product(s) and expenditures ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 16. Describe the long term maintenance will be required for the project, who will perform the maintenance, and how often. ( of the Note: maintenanceof the project area is the responsibility ) grant recipient, unless specified herein. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 17. Indicate the persons who will be responsible for carrying out your project for your neighborhood group or organization and who will be signing a NEP Matching Fund Contract on behalf of your group or organization. (All successful applicants will be required to execute a Neighborhood Project Matching Grant Contract. a. Name___________________________________________________ b. Mailing Address ___________________________________________ c. City and Zip Code _________________________________________ d. Phone Number – Day _____________ Evening __________________ e. Fax Number______________ E-mail __________________________ A volunteer signup sheet is attached to this application. Make copies and attach additional pages as needed. VOLUNTEER HOURS PLEDGE SHEET Project Title and Name of Association: ___________________________________________ NAMES ADDRESS PHONE # HOURS PLEDGED Exhibit 5 EVALUATION RANKING SHEET Attachment “B” Neighborhood Empowerment Grant Each bullet is to be evaluated on a scale of one to five using the key below. 1 – Does not meet criteria. 2 – Does not meet criteria yet attempt was made to. 3 – Minimally meets the criteria with some inaccurate or missing information. 4 – Meets the criteria with minimal information. 5 – Meets the criteria with added and complete information. POINTS SUB-TOTALS EVALUATION FACTOR ASSIGNED A. Project Description and Statement of Qualifications The description identifies the needs to be addressed. The description clearly outlines how the needs will be met. The description clearly states how this will benefit the neighborhood area. A detailed listing is provided that includes the amount of the grant request. A detail listing that includes the “match” to be provided by the applicant. The project benefits the community by improving the quality of life in the neighborhood through beautification, education, enhancement, and/or build relationships/diversity The project benefits the community by infrastructure repair and/or improvements and/or address alternative transportation and/or environmental concerns The requested project is in an area designated by the Census Track/Community Development as a low and moderate-income area. Subtotal (Maximum 40 Points) B. Implementation Tasks and Schedule The proposal provides a complete implementation plan and schedule. The proposal provides a feasible implementation plan and schedule. The proposal demonstrates the applicant has the neighborhood support to carry out the project. Should include discussion and approved neighborhood meeting minutes, police data, planning reports, etc. The proposal demonstrates the applicant has the capacity to carry out the project. Proof that requested funds are sufficient to complete the project within the contracted period or proof of additional funding source to complete the project. The proposal includes an itemized listing of expenditures. The proposal includes a detailed list of costs. Subtotal (Maximum 35 Points) C. Volunteers, Participation, And Donations Proof of attendance at grant program training workshop. A listing of in-kind donations such as supplies, equipment, space or professional services. A listing with names and addresses of the volunteers that meet or exceed the matching dollar amount. Proof of a secured maintenance plan for the project once improvements are made. (If no physical improvements are proposed and no maintenance component can be substantiated for this proposal, this section will not penalize the application). Is the association registered with the City of Denton Neighborhood Planning Program Subtotal (Maximum 25 Points) TOTAL POINTS (Maximum 100 Points) Date____________________ Neighborhood and Project Title_____________________________________________________________ Evaluator Signature ______________________________________________________________________ Exhibit 6 Attachment “C” NEIGHBORHOOD PROJECT MATCHING GRANT AGREEMENT THIS AGREEMENT, hereinafter referred to as “Agreement” made at Denton, Texas, on the _______ day of ____________, 2______, between THE CITY OF DENTON, TEXAS, a municipal corporation existing by and under the laws of the State of Texas, hereinafter called the “City” and: Entity ___________________________________________________________ hereinafter called the “Grantee”; WITNESSETH WHEREAS, the City desires to improve the appearance, organization, image, and leadership of neighborhoods by providing grants to neighborhoods to identify, design, implement, and maintain improvement projects; and WHEREAS, the grantee is a volunteer and incorporated neighborhood organization; and WHEREAS, the City recognizes that the Grantee has proposed a neighborhood improvement project which has been reviewed and approved by City. The project is identified by the City and the Grantee as _______________________________________________________ (Project Name) WHEREAS, the Grantee has requested reimbursement assistance from the City upon completion of this project; NOW, THEREFORE, THE CITY AND GRANTEE DO MUTUALLY AGREE AS FOLLOWS: 1. This Agreement shall constitute an offer by the City to grant the herein described funds to the Grantee subject to the terms and conditions of this Agreement. If this offer is not accepted by the Grantee on or before ______________________, 2______, then this offer shall terminate and be of no force and effect, and all monies shall revert to the City for reallocation to other Grantees. Acceptance of this offer shall be evidenced by complete execution of the Agreement by Grantee and delivery thereof to the City. 2. Project Scope of Work and Project Budget: The Grantee agrees to abide by all the terms and conditions of this Agreement, the Project Scope of Work (hereinafter “Project”) as proposed by the Grantee and agreed upon by the City, and the Project budget (hereinafter “Budget”). The Grantee agrees to abide by any written instructions or conditions placed on the Project or Budget by the City. The Grantee may request a change in the Project or Budget and the City may approve or deny the request. Both the request and approval or denial shall be made in writing. 3. Project Managers: The project manager for the City shall be the City Manager or his designee. Notice to the City shall be by telephone to (940) 349-8541, and in writing addressed to the Project Manager, City of Denton Neighborhood Planning Program, 221 N. Elm Street Denton, Texas 76201. The Matching Grant Project Manager for the Grantee shall be _________________________________. Notice to the Grantee shall be by telephone to _________________________________ and in writing addressed to the Project Manager at _____________________________________________________________________________. If for any reason the name or address of the Grantee’s project manager changes, Grantee shall notify the City of such changes in writing. If Grantee fails to notify City of such changes, Grantee waives all rights and privileges that require notification to Grantee. 4. Records, Reports, and Inspection: a. The Grantee shall maintain financial records, accounting, and purchasing information, and books and records for the match as specified in the Project and Budget. These books, records, and information shall comply with generally accepted accounting practices and be available for review by the City at any time. The City may make photocopies of any such records at the City’s expense. All documents related to the Project are public records and shall be retained and provided as required by law. Grantees shall comply with the Texas Public Information Act. b. All costs shall be supported by properly executed time records, invoices, contracts vouchers, orders, and/or any other accounting documents pertaining in whole or in part to this Agreement, and all such documents shall be clearly identified and accessible. c. The Grantee will submit to the City periodic reports detailing the status of the Project as requested. d. The Grantee shall submit to the City a written final report upon completion of the Project. One copy of the final report shall be submitted to the City no later than thirty-days (30) after completion of the Project. The report shall include, at minimum, a one-page summary of the work completed during the Project, a minimum four (4) photographs, not including the two (2) referenced in section (f) below, financial records clearly showing an accounting specifically showing the Grantee’s match towards the Project. Photographs shall be provided of any educational programs, or other activity funded by the Project, or any completed physical improvements(s). At the request of the City, the Grantee shall make available the negatives or media recording devices for the photographs provided. The photographs shall become the property of the City and will not be returned. e. At the City’s request, the Grantee shall provide additional information regarding any specific expenditure or portion of the Grantee’s match towards the total project cost. This information may include, but is not limited to, volunteer sign-in sheets for each activity day used for the match as specified in the grant application. f. The Grantee shall submit to the City photographs taken of the site of any physical improvement funded by this Agreement prior to any work being conducted. A minimum of two (2) photographs, one (1) each from two different angles, shall be submitted. At the request of the City, the Grantee shall make available the negatives or media recording devices for the photographs provided. The photographs shall become the property of the City and will not be returned. Grantee should take care to obtain appropriate releases from all people depicted in photographs provided to the City, as they will become public records and the City reserves the right to use them in any way it deems appropriate including in printed material distributed to the public. The City will provide copies of adequate releases if so requested. g. The Grantee shall also furnish to the City, such time and in such forms as the City may require, such statements, records reports, data, and information as the City may request. 5. Funding and Expenditures: a. The City will fund the Grantee in accordance with this Agreement, consistent with the authorized Project and Budget. b. Disbursements of monies needed for this Project will be made by the City’s Project Manager. No expenditures are authorized without prior approval of the City’s Project Manager. (1) Any reimbursements will be made only after the City’s review and approval of all necessary and appropriate documentation that will evidence payment of allowed expenditures for the items or tasks listed in the Budget. Grantee shall provide all documentation required by the City. Failure to provide the appropriate documentation shall result in denial of the reimbursement request. In order for the City to process a reimbursement, the Grantee must provide the City with the association’s tax identification number or bank name and account number. (2) The total amount of City funds disbursed for this project shall not exceed $______________, except as otherwise specifically provided herein. (3) The Grantee agrees to provide the amount of $______________ or greater in matching funds (labor, materials, and/or cash) towards the total cost of this Project. The Grantee must fully and completely document each element of the Grantee’s match so that the City may adequately ensure itself that the match has been provided. Failure to adequately document the match shall disqualify that expenditure from being credited toward the match. (4) Such funds shall be expended as outlined in this Agreement, the Project and Budget. (5) Funds may be withheld at any time during the term of this Agreement if the Grantee is not in compliance with the terms or conditions of this Agreement or is in violation of any City Code or Ordinance or State, Federal or other local laws. If funds are withheld, the Grantee may be ineligible to apply for funds in subsequent years. c. The Grantee agrees not to expend funds received under this Agreement for items that are not identified in the Budget, and shall not expend funds in a total amount that exceeds the corresponding dollar value for any items in the Budget, without prior written approval of the City’s Project Manager. d. If requested by the association and upon availability, the City’s Project Manager may authorize an increase of up to two hundred fifty dollars ($250.00) or ten percent (10%) of the funds identified in subparagraph (b), whichever is lesser to complete the project. These additional funds may only be used to complete the Project and shall not be used to fund activities or pay expenses contemplated by this Agreement. 6. Grant Period a. The term of this Agreement is from ____________ ___, 2_____ through ___________ ___, 2_____. The City’s Project Manager may authorize the extension of this Agreement for up to 90 days, if the Project has not been completed but the Grantee is in compliance with the Agreement and is taking reasonable steps to complete the Project in a timely manner. Requests for extensions and decisions to approve or deny extensions shall be made in writing and are within the City’s sole discretion. b. Funds shall be disbursed by the City in accordance with Paragraph 5 above. The Grantee shall be reimbursed only for those expenditures made during the approved period and shall be made in accordance with the attached budget. c. Funds not expended by the expiration of the grant period or any extension thereof shall immediately revert to the City. 7. Maintenance a. By accepting this award, the Grantee agrees to maintain, if applicable, the Project to be completed with this Grant. Maintenance shall include but not be limited to the routine watering, weeding, mulching, trimming, mowing, and pruning of plant material, and the routine cleaning, oiling, repairing, painting, and refinishing of signs, equipment or structures. b. The Grantee agrees that the City shall not be responsible for, but if approved, may assist in, the repair or replacement of any plant, sign, equipment or structure purchased through this Project which may be necessary at some point due to accident, natural disaster, normal wear or other cause, including the ongoing maintenance of any project. c. If in the event the Grantee fails to maintain the Project in accordance with this agreement, the City shall have the right to remove any and all improvements associated with the Project. 8. Non-Expendable Property: a. For the purpose of this Agreement, “non-expendable property” shall mean any equipment or other portable property that will not be consumed and has a life expectancy in excess of one year. Non- expendable property shall not be construed to mean any physical improvement constructed as part of the Project or any living plant material after it has been appropriately planted. b. The Grantee shall provide the City a list of any non-expendable property purchased with these funds. The list should identify the non-expendable property by description, model, serial number, date of acquisition and cost. Non-expendable property shall be owned by the City. The Grantee may retain possession of any non- expendable property purchased with these funds subject to the following conditions: (1) The Grantee shall use the non-expendable property for the purpose described in the Project. (2) The Grantee shall not sell or dispose of any non-expendable property unless prior permission is obtained from the City in writing. (3) Unless otherwise specifically identified, the Grantee shall have the exclusive responsibility for the maintenance of the non-expendable property, including routine cleaning, repair or replacement upon theft, damage or excessive wear. This does not preclude the use of City funds to maintain non- expendable property if such use is identified in the Project. (4) Upon expiration or termination of this Agreement, the City shall have the right to take exclusive possession, control and all other ownership rights of the non-expendable property. The Grantee shall immediately return all non-expendable property to the City. (5) The City shall have the right to take exclusive possession, control and all other ownership rights of the non-expendable property at any time prior to the expiration of this Agreement if the Grantee violated any terms or condition of this Agreement or the Project or Budget. 9. Compliance with Federal, State, and Local Laws: The Grantee shall comply with all Federal, State, County, and local laws, regulations and ordinances at all times. 10. Reservation of Rights: The City reserves the right to visit, at any reasonable time, any project site funded under this Agreement, and to review and analyze the financial or service records of the Grantee, for the purpose of making inspections pertaining to this Agreement. 11. Termination of Agreement: If, through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Grantee shall violate any of the covenants, agreements or stipulations of this Agreement, the City will thereupon have the right to immediately terminate this Agreement by giving notice to the Grantee of such termination. Further, if the Grantee uses any funds provided by this Agreement for any purpose or program other than authorized under this Agreement, the grantee shall repay such amount and be deemed to have waived the privilege of receiving additional funds under this Agreement. The City may terminate this Agreement for any reason and without penalty upon giving the Grantee ten (10) days written notice. Notice of such termination will have been given when the notice is sent by certified mail return receipt requested to the Grantee’s project manager as identified in this Agreement. Notwithstanding the above, the Grantee shall not be relieved of liability to the City for damages sustained by virtue of any breach of Agreement by the Grantee and the City may withhold any payments to the Grantee equal to the amount of damages until such time as the exact amount of damages due the City from the Grantee is determined. The City’s liability and obligations to the Grantee or any person having a claim pursuant to the Agreement or to the operation of a program provided by these funds shall be limited solely to the amount and terms of this Agreement. If the City for any reason terminates this Agreement, then the City may declare that the Grantee is not eligible to receive funds through this or other similar programs in subsequent years. 12. Indemnification: The Grantee will defend, indemnify and hold harmless the City from any and all claims, demands, suits or damages for any form of negligence or otherwise, including those arising from personal injury or bodily or property damages, in connection with any of the actions performed pursuant to this Agreement, including, but not limited to, matters arising out of the non-expendable property referred to in Paragraph 8 above. All persons performing any activities in connection with the project must execute a release and hold harmless agreement in the form attached hereto. All original release and hold harmless agreements shall be delivered to the City. Any person not executing a release and hold harmless agreement shall not be allowed to perform any activities in connection with the project. 13. Discrimination: No person shall, on the grounds of race, color, national origin, sex, gender, sexual preference, age, marital status or disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part through this Agreement. The Grantee agrees not to violate this provision. 14. Special requirements for projects in city-owned rights-of-way: The following additional requirements shall apply to projects which involve temporary or permanent work in city-owned rights of way including placement of vegetation, signs, benches, lights, decorative statuary, etc.: a. The Grantee is responsible for repair of any fixture, sidewalk, vegetation or other feature in rights-of-way or adjacent private property that may be damaged through implementation of the Project. b. The City at some future time may require use of the right of way occupied by a Project. In such a case, any improvements in the City right-of-way shall be removed by the Grantee, the City shall not be responsible for replacement of the Project. c. The Grantee must obtain the appropriate consent from the City for placement and/or use of the right-of- way for any project which involves placement of vegetation, signs or other structures in the right- of-way shall comply with all regulations including obtaining building permits, right-of-way or other permits and inspections as necessary. 15. City as owner of property in city-owned rights of way: For any project which involves the placement or installation of any property or structure, including but not limited to signs, benches, lights or statuary, within a right of way or on City-owned property, such property or structure shall become the sole property of the City. 16. Governing law: This Agreement shall be construed under and covered by the laws of the State of Texas. IN WITNESS WHEREOF, the City and Grantee have executed this Agreement as of the date first above written. CITY OF DENTON, TEXAS ATTEST: ____________________________ BY:____________________________________ City Clerk Mayor or Designee WITNESS: ___________________________ GRANTEE BY:__________________________ _____________________________________ TITLE:_________________________________ Exhibit 7 Attachment “D” CITY OF DENTON RELEASE AND WAIVER OF CLAIMS, HOLD HARMLESS AND INDEMNITY AGREEMENT This City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreement (“Agreement”) is made this ______ day of __________________, 2_____, by ________________________________________ (“Grantee”) for the Neighborhood Partnership Matching Grant for the City of Denton, Texas (“City”). WHEREAS, City has entered into an agreement to allow the ______________________ to improve the neighborhood through the neighborhood grant which requires Grantee assistance. NOW, THEREFORE, for good and valuable consideration the receipt of which is hereby acknowledge, and in order to fulfill the obligations under this Agreement, the Grantee agrees as follows: 1. The undersigned Grantee does hereby RELEASE AND FOREVER WAIVE ANY AND ALL PRESENT AND FUTRUE CLAIMS, COVENANT NOT TO SUE, and HOLD the City of Denton, its City Council, any City Department, City Subdivision, its employees, servants, representatives, from officers, agents, successors, and assigns (hereinafter referred to as “releasees”), HARMLESS and against any and all claims, damages, liabilities, actions, costs or expenses, including but not limited to, attorney’s fees and costs on account of injury to the person or property or resulting in death of the undersigned whether arising out of or caused by the negligence of any or all of the releasees or otherwise, or whether arising out of or caused by any defect, or presence or absence of any condition of, or in or on any real property, premised, City property or thoroughfare, or any City vehicle while the undersigned is participation in any aspect of the Neighborhood Grant Program. 2. The undersigned Grantee agrees to indemnify and hold and save the City harmless from any and all damages, loss or liability occurring by reason of any injury of any person or property which may occur as a result of satisfying the obligation of the agreement or occasioned by an act or omission, neglect, or wrongdoing of the Grantee and Grantee will, at his/her own cost and expense, defend and protect the City against any and all such claims or demands which may be claimed to have arisen as a result of or in connection with satisfying the obligations of the agreement. 3. The undersigned expressly agrees that this City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas, and if any portion thereof is held to be invalid, it is agreed that the balanced shall, notwithstanding, continue in full legal force and effect. 4. The undersigned Grantee has read and voluntarily signs the City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreement, and further agrees that no oral representations, statements or inducements apart from the foregoing written Agreement have been made. 5. The undersigned Grantee agrees that he/she has been hereby encouraged to seek the advise of his/her own attorney prior to singing this City of Denton Release and Waiver of Claims, Hold Harmless Agreement, and Indemnity Agreement and has been given the opportunity to seek such counsel. 6. The undersigned Grantee acknowledges the fact that this release, including his or her address and phone number will become a public record and will be available to members of the public upon their request. GRANTEE: Sign: ________________________________________ Print: ________________________________________ Address: ______________________________________________________________ ______________________________________________________________ Phone: ______________________________________ Exhibit 10 Neighborhood Empowerment Program Marketing Plan I.Purpose Statement The purpose of the Neighborhood Empowerment Program Marketing Plan (Plan) is to ensure neighborhood associations or groups have the opportunity to establish neighborhood programs and projects that furthers the neighborhood’s appearance, community pride, safety, public health, and overall quality of life. II.Marketing Plan Objective The Plan’s objective is to inform neighborhood associations and groups of funding availability as well as assisting them in completing a grant application. This comprehensive marketing strategy goal is reach all registered neighborhoods, neighborhoods listed in the Denton Neighborhood Network and informal groups who recognize the need for neighborhood improvement. III.Marketing Strategies The proposed marketing strategies will assist the City of Denton Neighborhood Planning Program (CDNPP) with the task of contacting neighborhood associations and Denton residents regarding this funding. A.Primary Strategy – Target Market Penetration 1.Press Release 2.Announcements on Engage Denton, Facebook, and Twitter 3.Announcement via Neighborhood Resource Officers Neighborhood Watch Groups 4.Flyers emailed to Associations 5.Flyers in key locations i.Libraries ii.Recreation Centers iii.City Hall – Main, East, and West iv.Customer Service v.Human Resources vi.DCTA Train Station vii.Denton County Administration Building viii.Denton County Building on McKinney Street ix.Mary and Jim Horn Government Building 6.Training Workshops i.A minimum of four during the fiscal year B.Secondary Strategy – Recollection Approach 1.Email Blast from the Communications Group i.Reminder announcement ii.Opening date announcement iii.Closing date announcement iv.Award recipient announcement v.Announcement of Award Cycle vi.Announcement of Training Workshop vii.Announcements at Neighborhood meetings 2.Brochures at Festivals and city events 3.Announcements and brochures at Neighborhood meetings AGENDA INFORMATION SHEET AGENDA DATE: January 15, 2013 DEPARTMENT: Planning & Development ACM: John Cabrales SUBJECT DCA12-0005 Phase II Gas Well Drilling and Production Ordinance Revisions Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 35.22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions, and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date. PRIOR ACTION/REVIEW On October 1, 2012, the advisory Gas Well Task Force held a public meeting. On October 2, 2012, the draft was ordinance posted for public review and comment until October 12, 2012. On October 22, 2012, the advisory Gas Well Task Force held a public meeting. On October 24, 2012, P&Z continued the public hearing for DCA12-0005 to their November 14, 2012 meeting by a 7-0 vote. On November 6, 2012, the City Council received a report, held a discussion, and gave staff dire On November 13, 2012, the City Council received a report, held a discussion, and gave staff On November 14, 2012, P&Z continued the public hearing for DCA12-0005 to their November 28, 2012 meeting by a 6-0 vote. Approval, On November 28, 2012, P&Z voted 6-1 to recommend with the Condition that City Council will continue to revise the ordinance language based on their goals, of DCA12-0005. On December 4, 2012, the City Council received public input regarding the Phase II amendments . On December 18, 2012, the City Council continued the public hearing for DCA12-0005 to their January 15, 2013 meeting by a 6-0 vote. On January 8, 2013, the City Council received a report, held a discussion, and gave staff direction on amending Subchapter 22 of the Denton Development Code. BACKGROUND The fifth draft version of the ordinance was written at the conclusion of the December 18, 2012 meeting. This draft was posted online and made available in hard copy format at City Hall, City Hall West, and the three City libraries. In addition, a public notice of the hearing was sent to the Denton Record Chronicle for posting on December 27, 2012; a press release notice of the upcoming hearing was also sent to the Denton Record Chronicle for posting; the press release webpage was updated with the public hearing notice; and the Gas Well Inspections Division website was revised to include details of the upcoming public hearing. Since the time of the multiple postings of the fifth draft version of the ordinance, City Council hosted a work session on January 8, 2013 and City staff met with Dr. Briggle from the Denton Stakeholders Drilling Advisory Group (DAG). Although multiple comments were made and several items discussed in detail, the draft ordinance was not updated. City Council did request that staff perform additional research on setback distances, but no revisions were drafted as of this writing. As a result, the fifth draft version of the ordinance is intended as a comprehensive draft that includes ideas carried over from Phase I, issues discussed during the thirteen (13) advisory Task Force meetings, comments received from the public and industry, legal and technical advisors, staff research, and both P&Z and City Council guidance. This fifth draft is considered to be the final draft. Based on the purpose of this meeting, the prior actions on DCA12-0005, and the multiple notices RECOMMENDATION Staff recommends the P&Z recommendation to Approve DCA12-0005. EXHIBITS 1.Draft Ordinance Redline Version 2.Draft Ordinance Clean Version Prepared by: Respectfully submitted: Brian Lockley, AICP, CPM John Cabrales Director, Assistant City Manager Planning and Development Department for Development s:\planning\cc related\year 2013\01- jan\01.08.13\staff reports\dca12-0005 subchapter 22\dca12-0005 subchapter 22_exhibit 1.dx Exhibit 1 Redline Ordinance Version35.22.1. - Purpose, Authority and Appli A.. The drilling and production of gas and the development of gas Purpose within the corporate limits of the City necessitate promulgation to prevent devaluation of property; to protect watersheds; to pr groundwater resources that actually or potentially threaten the proximity to drilling and production activities; to prevent or of gases that potentially threaten the health of nearby resident injury to persons and property; to ensure that gas well drillin are compatible with adjacent land uses throughout the duration o assure that such activities conform to The Denton Plan. The regu Subchapter are designed to protect the health, safety, and gener and to assure that the orderly and practical development of mine compatible with the quiet enjoyment of affected surface estates contained in this Subchapter are designed to implement the purpo subsection and are supported by the following findings of fact: 1.Gas well drilling and production activities create externaliti the health, safety and general welfare of persons residing or wo proximity to such operations. 2.Gas well drilling and production activities, in the absence of may generate noxious aerial emissions, introduce contaminants in emit high noise levels, produce large volumes of dust, congest l fire hazards and produce other deleterious effects, all of which on adjacent land uses, and which can result individually or cumu persons and destabilization of property values in the vicinity o 3.The City of Denton recognizes that the United States and the S gas well drilling and production activities for the purpose of i quality and water quality goals. The regulations in this Chapte supplement such standards in order to implement compatible local assure the health, safety and general welfare of the City’s resi B.. This Subchapter is adopted pursuant to authority vested under Authority constitution and laws of the United States, the State of Texas a Each authorization identified in this Subchapter shall be constr City's zoning powers, pursuant to the Denton City Charter, Texas Code Chapters 211 and 212 and the provisions of Subchapter 35.5 Development Code (DDC). C. The provisions of this Subchapter apply only within the corpora Applicability. of the City of Denton, except as otherwise stated in section 35. 35.22.2. - Definitions. All technical industry words or phrases related to the drilling specifically defined shall have the meanings customarily attribu operators in the gas industry. For the purposes of this Subchapt without regard to whether the defined terms are capitalized when context clearly indicates or requires a different meaning. An all-encompassing noise level associated with a given environ Ambient Noise Level. composite of sounds from all sources (excluding the noise in que approximate time at which a comparison with the noise in questio the ambient noise level constitutes the normal or existing level location. The ambient noise level is established by recording so the noise in question) over a continuous seventy-two (72) hours drilling. The seventy-two (72) hour time span shall include at l reading during either a Saturday or Sunday. A mechanical, hydraulic, or pneumatic apparatus, or combination Blowout Preventer (BOP). such apparati, that can be secured over top of an open wellbor that,, via remote actuators, can be actuated remotely in the ev situation arises. The primary function of the BOP is to shut th control of the formation fluids from blowing out of the well. A system that uses a combination of solids control equipment Closed-loop mud system. incorporated in a series of steel tanks that eliminates the use The reflection of either "Spud Well" or "Nipple Up" the Commencement of Drilling Activities. Blow Out Protectors (BOP) by the drilling contractor on the IADC Form maintained by the Operator's tool pusher on the pad site. . Any ignition device, installed horizontally or vertically, us Completion combustion device in exploration and production operations to combust otherwise ve completions. The date the work is completed for Completion of drilling, re-drilling and re-working. drilling, re-drilling, or re-working, and the crew is released b by its employer. Any substance capable of contaminating a non-related homogeneo Contaminant. fluid, gas or environment. The period from 7:00 am to 7:00 pm., Monday through Daytime. Friday; and from 8:00 am to 5:00 pm., Saturdays and Sundays. . A well drilled in order to determine the boundary of a field Delineation well reservoir. 2 Term used to typically describe the means by which the earth Drilling. pathway to formations containing hydrocarbons to allow for their can employ various types of mobilized drilling equipment to crea incorporating drilling fluids to cool the bit, to condition the most critically, to maintain an overbalanced pressure gradient a contained inherently pressurized well fluids. Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad The area dedicated to all gas well drilling or production act Production Area). including the drilling and production area , all structures, clo parking areas, security cameras, lighting, tanks, tank battery ( drilling rigs, separators, compressors, perimeter walls, utiliti contemplated for use during and after gas well drilling or produ the Gas Well Development Plat or Gas Well Development Site Plan. definition are gathering and transmission lines and compressor s The area used for drilling, completing, or re-working a well. Drill Site. A written document which includes a set of procedures Emergency Action Plan (EAP). intended to guide an organization’s response to an accident or e Geologic or geophysical activities, including, but not limited Exploration. seismic exploration, related to the search for oil, gas, or othe Natural gas extracted from a production well prior to entering Field Natural Gas. of processing, such as dehydration. The process of allowing fluids to flow from a natural gas well Flowback. either in preparation for a subsequent phase of treatment or in returning the well to production. The flowback period begins whe well during the treatment returns to the surface immediately fol refracturing. The flowback period ends with either well shut in continuously to the flow line or to a storage vessel for collect A private water well used by a protected use. Freshwater Well. Gas or natural gas, as such terms are used in the rules, regula Gas. Typically, a naturally-occurring gaseous substance primarily com light, gaseous hydrocarbons. A processing site engaged in the extraction of natural gas liq Gas Processing Facility. field natural gas, or the fractionation of mixed natural gas liq combination of both. 3 The phase that occurs after successful exploration, Gas Production (A/K/A Production). drilling and development involving operations including, but not dehydrators, separators, mud pits, ponds, tank batteries or asso during which hydrocarbons are extracted from the gas field, excl facilities as defined and regulated by the Pipeline Safety Act o 60137. Any well drilled for the production of gas or classified as a g Gas Well. Natural Resources Code. Any written license granted by the City of Denton for the explo Gas Well Permit. drilling, development, production, and operation of natural gas, regulations of this Subchapter. A Gas Well Permit is required f Structures suitable for human habitation or occupation for whic Habitable Structure. Certificate of Occupancy or Final Inspection Certificate is requ single or multi-family dwellings, accessory guest houses, hotels buildings, and enclosed buildings used for commercial or industr structure shall not include accessory buildings, barns, garage The hazardous materials management plan and Hazardous Materials Management Plan. hazardous materials inventory statements required by the Fire Co The process of directing pressurized fluids containing any com Hydraulic Fracturing. of water, proppant, and any added chemicals to penetrate tight f formations, that subsequently require high rate, extended flowba solids during completions. Conducting a subsequent hydraulic fracturing operation at a wel Hydraulic Refracturing. has previously undergone a hydraulic fracturing operation. A mechanized device that compresses gas prior to its introduc Lift Compressor. for use in lifting well liquids to the surface. An integrated system designed to ground metal equipment on a Lightning Protection System. rig, well pad or at a tank battery location for protection again due to lightning. An electrical or gas-powered-pumping device that increases the Line Compressor. natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is being introduced. In pit construction, a liner is an impervious material, either Liner. used to line the interior of a pit to prevent pit fluids from leaking or leaching into the environment. In well construction, a liner is a tubular sheath 4 purposes, such as isolating a particular zone, repairing casing the hole size, among others. . A well with reservoir pressure and vertical well depth such t Low pressure gas well times the reservoir pressure (in psia) minus 0.038 times the ver 67.578 psia is less than the flow line pressure at the sales met A well bore drilled from surface or new lateral wellbore dril New Well. vertical pilot hole at a depth different from other laterals in existing well that is purposefully deviated or “kicked-off” arou the initial hole. Not to be confused with recompletion. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Mon Nighttime. Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays. The process of assembling well-control or pressure-control equi Nipple Up. wellhead. .NaturallyOccurringRadioactiveMaterial.NORMencounteredinoilandgas NORM exploration,developmentandproductionoperationsoriginatesinsubsurfaceformations,which maycontainradioactivematerialssuchasuraniumandthoriumandtheirdaughterproducts, radium226andradium228.NORMcanbebroughttothesurfaceintheformationwaterthatis producedinconjunctionwithoilandgas.NORMintheseproducedwaterstypicallyconsistsof theradionuclides,radium226and228.Inaddition,radongas,aradiumdaughter,maybefound inproducednaturalgas. An inspector designated by the Oil and Gas Inspector or Inspector. City of Denton that is responsible for evaluating the impacts of production of oil and/or gas wells. Responsibilities include env review, erosion control inspection, monitoring, and evaluating c and local regulations. Also responsible for processing and appr Plat, Gas Well Development Site Plan and Gas Well Permit applica The person(s) in charge and in control of drilling, maintainin Operator. or controlling any well or pipeline including without limitation A person familiar with and educated in the oil and gas industry Petroleum Specialist. been retained by the City. A temporary or permanent containment for circulated fluids. A Pit. Completion/Workover pit: Pit used for storage or disposal of sp workover fluids and drilling fluid, silt, debris, water, brine, 5 materials which have been cleaned out of the wellbore of a well worked over. Drilling fluid disposal pit: Pit, other than a reserve pit, use fluid. Fresh makeup water pit: Pit used in conjunction with drilling r used to make up drilling fluid. Mud circulation pit: Pit used in conjunction with drilling rig currently being used in drilling operations. Reserve pit: Pit used in conjunction with drilling rig for coll cuttings, sands, and silts; and wash water used for cleaning dri at the well site. Reserve pits are sometimes referred to as slus Saltwater disposal pit: Pit used for disposal of produced saltwater. Washout pit: Pit located at a truck yard, tank yard, or disposa disposal of oil and gas waste residue washed out of trucks, mobi tanks. Water Condensate pit: Pit used in conjunction with a gas pipeli station for storage or disposal of fresh water condensed from na “Plugging” as defined by the RRC and includes the plugging of Plugging and Abandonment. the well, abandoned, orphaned or otherwise, and restoration of t as required by this Subchapter. Any dwelling, church, public park, public library, hospital, p Protected Use. kindergarten or elementary, middle or high school, public pool, center, public recreation center, hotel or motel. The Railroad Commission of Texas. Railroad Commission (RRC). well completion following fracturing or refracturing where Reduced emissions completion. A gas flowback that is otherwise vented is captured, cleaned, and collection system, re-injected into the well or another well, us for other useful purpose that a purchased fuel or raw material w to the atmosphere. Re-completion or re-entry of an existing well within the existi Re-working. deepening or sidetrack operations which do not extend more than from the existing well bore, or replacement of well liners or ca 6 means the prior approval by ordinance of City Council, of one o Site-specific authorization more specifically located and defined gas well site locations, s development, regulatory and permitting requirements, as set fort within the site approval ordinance (or both), as applicable. The first time the drill bit enters the ground for gas well dri Spud. A natural or man-made container, covered or uncovered, in which Tank. liquids or hydrocarbons used or produced in conjunction with the production operations of an oil or gas well. Such person(s) familiar with and educated in the oil and gas in Technical advisor. law as it relates to oil and gas matters who may be retained fro Denton. A hole or bore drilled to any horizon, formation, or strata for Well. natural gas, or liquid hydrocarbons. The process that allows for the flowback of petroleum or natur Well completion. newly drilled wells to expel drilling and reservoir fluids and t characteristics, which may vent produced hydrocarbons to the atm tank. . Any well completion with fracturing or refracturing occurring Well completion operation gas well affected facility. A well outside known fields or the first well drilled in an oil Wildcat well. other oil and gas production exists. Work performed on a well after its initial completion to secur Workover Operation. production where there has been none, to restore production that has ceased, or to enhance or increase production within the zone originally completed. 35.22.3. - Zoning District Classifications for Gas Well Drilling A.The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within City that is subject to the use regulations of the RD-5 District Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (N Center Commercial Neighborhood (RCC-N), Regional Center Commerci (RCC-D), Employment Center Commercial (EC-C), Employment Center I), Industrial Center Employment (IC-E) and Industrial Center Ge Districts, except as provided in subsection B, and subject to co requirements of this Subchapter. 7 B.The drilling and production of gas within the corporate limits zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Develo site-specific authorization in Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Sp shall be required for gas well drilling and production on any la year flood fringe or within one thousand, two hundred (1,200) f elevation of Lake Ray Roberts or Lake Lewisville. 1.An application for a Specific Use Permit, or site-specific aut development district (PD) or master planned community district ( drilling and production of a gas well shall be filed by the pers authority to do so. That person is presumed to be the record own the duly authorized agent of either the record owner or the mine Director of Planning and Development may require an applicant to information of authority to file an application. 2. The Chairman of the DRC has the authority to establish requir in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the C been paid. Incomplete applications shall be returned less a fee determined by the Director of Planning and Development. 3.Approval of a SUP, a detailed plan in a PD District or site-sp MPC district, shall be conditioned on compliance with the requir Subchapter. 35.22.4. - Required Authorization for Gas Well Drilling and Prod A. No gas well drilling or production activities may commence wi the following authorizations have been obtained, in the followin 1. Approval of a Specific Use Permit, where required by Section a Detailed Plan in a PD district, or site-specific authorization 2. Approval of a Watershed Protection Permit, where location of production activities is proposed on land in the flood fringe or Sensitive Area (ESA), subject to the application requirements an Section 35.22.5.A.8; 3. Approval of a Gas Well Development Site Plan, subject to the requirements and standards of Section 35.22.6; and 4.Approval of a Gas Well Permit, subject to the application requ of Section 35.22.7. 8 B. An application for any authorization for gas well drilling an Subsection A may be submitted simultaneously with any other list applications must be approved in the numerical order listed. No shall be determined to be complete and hereby is deemed to be in required prior applications have been approved, and no completen be made until such prior applications have been approved. C. Approved applications for gas well drilling and production sh following circumstances: 1. A Specific Use Permit, or site-specific authorization in a P expires according to its terms; 2. A Watershed Protection Permit expires with the expiration of Development Site Plan. 3. A Gas Well Development Site Plan expires unless a complete ap Well Permit has been filed within one (1) years of the date of a plan. 4. A Gas Well Permit expires if gas well drilling activities hav six (6) months of the date of approval of the Gas Well Permit. 5.The expiration of any subsequent application results in the expiration of all prior approved applications for the same activity. D.Approved applications for gas well drilling and production may expiration. Following expiration of an approved application for production, a new application must be submitted, which shall be standards and procedures then in effect. E. E. The authorizations required by this Subchapter are in additio permits that may be required by any other provision of the Dento other government agency. F.Legal Non-Conformity; Exceptions. The provisions of Subchapter 11 are applicable to gas well drill 1. activities. For purposes of Subchapter 11, the drilling of a ne associated production activities do not constitute an existing u Drilling and Production Site that has been annexed into the City Drilling and Production Site within 30 days of the effective dat Unless the City determines that an exemption provided under Texa 2. Government Code, Section 245.004 or successor statute applies to 9 the standards and procedures in DDC Subchapters 35.16, 35.22 an Texas Local Government Code, Chapter 245 otherwise is inapplicab gas well drilling and production, such standards or procedures, necessary to give effect to this subsection F, do not apply to the authorizations identified in subsection 35.22.4.A, if, on the effective date of ordinance, the following circumstances existed: a. For a specific use permit, an application s was pending on t the amendatory ordinance; or b. For a detailed plan for a PD districtcreated on or after Apri application for the detailed plan was pending on the effective d amendatory ordinance; or c. For a detailed plan for a PD district created on or after Apr the effective date of the amendatory ordinance, an application for the detailed plan submitted after the effective date of the amendatory ordina to a conceptual plan for development approved with the ordinance the PD district that identifies the location and the nature and activities to be developed on land designated for future gas wel production; or d. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was effective date of the amendatory ordinance; or . e. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was the effective date of the amendatory ordinance for a Drilling an that was the subject of: (1) a specific use permit approved or p effective date of the amendatory ordinance; or (2) a detailed pl created on or after April 27, 2005, but before the effective dat ordinance, that identifies the location and the nature and extent of the activities to be developed on land designated for future gas well drilling or an MPC district created on or after April 27, 2005, but before t the amendatory ordinance, that identifies the location and the n the activities to be developed on land designated for future gas production. f. For a Gas Well Permit, an application was pending on the effe amendatory ordinance; or g. For a Gas Well Permit, an application was submitted after the amendatory ordinance pursuant to a Gas Well Development Site Pla Development Plat approved or pending on the effective date of th 10 ordinance that identifies the Drilling and Production Site to wh applies. 3. Authorizations or applications excepted under this subsection well drilling and production standards in effect immediately pri of the amendatory ordinance, and to any standards or procedures amendatory ordinance which the City determines to be exempt from of Texas Local Government Code Chapter 245. 4. To the extent that any exception provided under this subsecti application pending on the effective date of an amendatory ordin application must have been approved subsequently in order for th apply. 5. Any person who has been denied an exception under Subsecti pending applications, or who otherwise claims that he has obtai pursuant to Texas Local Government Code, Chapter 245 or other ap law for such applications, may request a determination pursuant the DDC. G.VestedRights. AnyOperatorwhobelievesthathehasobtainedavestedrightunderChapter245ofthe TexasLocalGovernmentCodeorotherapplicablevestinglawmayrequestavested rights/preemptiondeterminationinaccordancewithSection35.3.8oftheDDC. 35.22.5. - Standards for Gas Well Drilling and Production. A. The drilling and production of gas wells within the City limi following standards. 1. The following requirements apply only within City limits. Separation standards. a. No Drilling and Production Site may be located within one feet of any Protected Use, or freshwater well currently in use a complete application for a Gas Well Development Site Plan is fi one thousand (1,000) feet of any lot within a previously platted subdivision where one (1) or more lots have one (1) or more habi b. Except where more stringent separation distances are specifie separation distance between a Drilling and Production Site and structures other than those listed in 35.22.5.A.1.a, shall be fi c. The minimum separation requirement established in 35.22.5.A.1 reduced via the granting of a variance by the Zoning Board of Ad that the Zoning Board of Adjustment shall not reduce the minimum distance any less than five hundred (500) feet. 11 d. Notwithstanding any other provision of this subsection, a Pro within a previously platted residential subdivision where one (1 one (1) or more habitable structures may be located as close as (250) feet of a pre-existing Drilling and Production Site, provi Protected Use is not served by a freshwater well that is located thousand (1,000) feet of the drilling and production area. e. Separation distances shall be measured from the boundary of t Production Site identified on the Gas Well Development Site Pl line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwate use at the time a complete application for a gas well developmen filed, or the closest lot line of any undeveloped lot within a p residential subdivision where one (1) or more lots have one (1) 2. The following requirements apply only within City limits. On-site requirements. a. An entrance gate shall be required. Street lighting shall be Section 26-76 of the Utility Code of the Code of the City of Den sign identifying the entrance to the drill site or operation site shall be reflective. b. Fencing, buffering, landscaping and screening shall be requi Production Sites. All required fencing, landscaping, buffe must be installed in accordance with the approved Landscape Plan hundred and eighty (180) days after initial drilling of the firs Should the Operator decide to fence in gathering and transmissio compressor stations, or both, Operator shall install the fencing in accordance Subchapter 13 of the DDC. . c. No refining process, or any process for the extraction of pro be carried on at a Drilling and Production Site , except that a separator may be maintained on a Drilling and Production Site f of liquids from gas. Any such dehydrator or separator may serve well. Gas Processing Facilities shall require a Specific Use Per d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOW in both English and Spanish, in a minimum of four-inch lettering at the entrance of each Drilling and Production Site. The sign s development or operating company that is currently responsible f plat or site plan, the RRC Well Identification Number and the Am Petroleum Institute number for the well, the phone number for em 12 services (911), the number for the operator, and any other well required by the RRC in two-inch lettering. e. No person shall place, deposit, or discharge (or cause or al deposited, or discharged) any oil, naphtha, petroleum, diesel, g tar, hydrocarbon substance, or any refuse, including wastewater any gas operation or the contents of any container used in conne operation in, into, or upon any public right-of-way, storm drain sanitary drain or sewer, any body of water, or any private prope corporate limits of the City of Denton. f. All installed, mounted, and/or permanent equipment on Drillin Sites shall be coated, painted, and maintained at all times, inc gas processing units, pumping units, storage tanks, above-ground appurtenances, buildings, and structures, in accordance with app adopted by The Society for Protective Coatings (SSPC). In addit following standards are applicable: i. Protective coatings and paints shall comply with any applicable State or City requirements. In absence of any such requirement, protect and paints shall be of a neutral color that is compatible with t environment. ii. All exposed surfaces of the identified equipment must be co and free from rust, blisters, stains, or other defects. g. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivisi h. All fire suppression and prevention equipment required by any state, or local law shall be provided by the Operator, at the Op maintenance and upkeep of such equipment shall be the responsibi Operator. i. No Operator shall excavate or construct any lines for the con water, or minerals on, under, or through the streets or alleys o City without an easement or right-of-way license from the City, agreed upon, and then only in strict compliance with this Subcha ordinances of the City, and with the specifications established Department. j. The digging up, breaking, excavating, tunneling, undermining, damaging of any public street or leaving upon any public street materials is prohibited. Construction activities or deposition o objects creating an obstruction within limits of public right-of are prohibited unless the Operator has first obtained written ap 13 Engineering Department and, if applicable, has filed a right-of- agreement, and then only if in compliance with specifications es Department. k. No Gas Well Permit shall be issued for any well to be drilled streets or alleys of the City and/or streets or alleys shown by 1999-2020 and no street shall be blocked or encumbered or closed exploration, drilling, or production activities unless prior con the City Manager, and then only temporarily. l. All pits shall be lined and shall be designed, constructed, accordance with the liner standards set forth by the RRC. Any n Production Sites proposed after December 18, 2012 shall utiliz mud system. m.Any Drilling and Production Sites shall be screened with an op masonry fence that shall be no less than eight (8) feet in heigh i. In lieu of this requirement, an alternative fence that is co surrounding the Drilling and/or Production Site may be approved Director of Planning and Development. ii. Required fencing must be located within three hundred (300) equipment necessitating fencing requirements under this Subchap n. Vapor Recovery Units.1. Vapor recovery equipment is required not included under Rule§106.352 of TAC Title 30, Part 1, Chapter successor regulation. 2. An Operator shall notify the Oil and Gas Inspector within tw the first sale of gas from a well. o. Any lift compressor which is installed within an approved Dr Production Site, shall be located at least twenty-four (24) fee boundary of the site. p. Commencing on the December 18, 2012, except as provided in su of this section, for each well completion operation with hydraul i. For the duration of flowback, recovered liquids shall be rout more storage vessels or re-injected into the well or another wel recovered gas shall be routed into a gas flow line or collection injected into the well or another well, used as an on-site fuel 14 for another useful purpose that a purchased fuel or raw material with no direct release to the atmosphere. If this is infeasible, the requirements in sub-paragraph (iii) of this paragraph shall be followed. ii. All salable quality gas shall be routed to the gas flow line practicable. In cases where flowback emissions cannot be directe line, the requirements in sub-paragraph (iii) of this section sh iii. Flowback emissions shall be captured and directed to a comp combustion device, except in conditions that may result in a fir explosion, or where high heat emissions from a completion combus may negatively impact waterways. Completion combustion devices m equipped with a reliable continuous ignition source over the dur flowback. iv. Releases to the atmosphere during flowback and subsequent re minimized. v. The requirements of sub-paragraphs (i) and (ii) shall not app 1. Each well completion operation with hydraulic fracturing at meeting the criteria for wildcat or delineation well. 2. Each well completion operation with hydraulic fracturing at meeting the criteria for non-wildcat low pressure gas well or no delineation low pressure gas well. q. Soil sampling: Pre- and post-drilling; periodic soil samplin be required for all new Drilling and Production Sites. Soil sam subject to the following requirements: i.Upon application for an Oil and Gas Well Permit, soil sampling conducted prior to the commencement of any drilling at the propo and Production Site to establish a baseline study of site condit minimum of one soil sample shall be taken at the location of any equipment to be utilized at the Drilling and Production Site to existing conditions at the Drilling and Production Site. ii.A licensed third party consultant shall be utilized to collec pre-drilling and post-drilling soil analyses. The cost of such be borne by the Operator. iii.Soil samples must be collected and analyzed utilizing proper laboratory protocol from a United States Environmental Protectio Texas Commission on Environmental Quality approved laboratory. results of the analyses will be addressed to the City and a copy 15 shall be provided to the Operator and surface estate owner. The include the following analyses at a minimum: TPH, VOCs, SVOCs, Barium, Chromium and Ethylene Glycol. iv.Post-drilling soil samples shall be collected and analyzed af of drilling of each well. Subsequent to the drilling of each wel samples shall be taken as determined by the Oil and Gas Inspecto inspection events to document soil quality data at the Drilling Site. Samples shall include, but not be limited to, areas where equipment was located. Results of the analyses shall be provide in Subsection A.2.q.iii. v.Whenever abandonment occurs pursuant to the requirements of th as referenced in 35.22.5.A.6.k, the Operator so abandoning shall production soil sampling within three (3) days after equipment h removed from the Drilling and Production Site to document that t conditions are within regulatory requirements. Results of the a provided as described in Subsection A.2.q.iii. vi.If any soil sample results reveal contamination levels that exceed the minimum state or federal regulatory levels, the City shall submi sample results to the appropriate state or federal regulatory ag enforcement. r. Any rubbish or debris that might constitute a fire hazard sha distance of at least 150 feet from the vicinity of any well, tan s. An Operator shall not maintain or use any pit for storage of oil field fluids, or for storage or disposal of oil and gas wast 3.The following requirements Operations and equipment practices and standards. apply only within City limits. a. Adequate nuisance prevention measures shall be taken to preve offensive odor, fumes, dust, noise and vibration. b. Directional lighting shall be provided for the safety of gas completion and production operations and shall be installed and fashion designed to disturb adjacent developments in the least c. The Operator shall at all times comply with the applicable ru the RRC including but not limited to all applicable Field Rules d. . To address noise concerns, only electric motors shall be us drilling, transferring or blending chemicals, compressing gas, l 16 wells, The Oil and Gas Inspector may approve the use of an alter that produces lower noise levels than an electric motor. e. There shall be no venting or flaring of gases in residential by the RRC or TCEQ . If venting or flaring is allowed by the RR activities shall not be located closer than one thousand (1,000) protected use, unless: (1) a setback variance has been granted p or (2) if practical and if approved by the City Fire Marshal, gr wholly enclosed or screened with a masonry wall. . f. Vehicles, equipment, and machinery shall not be placed or loc and Production Site (or on any public street, alley, driveway, o of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Only Light Sand Fracture Technology or fracture stimulations RRC shall be used to fracture stimulate a well. h. Fracing operation shall be scheduled to occur during daylight Operator has notified the Oil and Gas Inspector that fracing will occur before or after daylight hours to meet safety requirements. i.Pneumatic drilling shall not be permitted. j. Any notices required herein shall be made pursuant to Subsect 35.22.12 k. Except in the case of an emergency, gas well flaring shall on during day-time hours. 4. The following requirements apply only within City Storage tanks and separators. limits. a. An Operator is allowed to construct, use, and operate such st separation equipment as shown on the approved Gas Well Develop Plan, except that permanent storage equipment and separation equ exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Site Plan. c. No Drilling and Production Site is allowed in the FEMA desig (100) year floodway. A Drilling and Production Site is allowed w 17 thousand two hundred (1,200) feet of the flood pool elevation of Roberts or Lake Lewisville with an approved Specific Use Permit. d. No storage tanks or separation facilities shall be placed in other ESA except in accordance with Subsection 35.22.5A.8. . 5. Flow lines and gathering lines. a. Each Operator shall place pipeline marker sign at each point gathering line crosses a public street or road. b. Each Operator shall place a warning sign for lines carrying H Sulfide) gas as required by the Railroad Commission. c. All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems transport oil, gas, and/or water shall be limited to the maximum operating pressure applicable to the pipes installed and shall b least the minimum cover or backfill specified by the American Na Institute Code, as amended. 6. The provisions of this section Additional safety and environmental requirements. shall apply within the corporate limits of the City of Denton. a. The drilling and production of gas and accessing the Drillin shall be in compliance with all state and federal environmental gas well development or activity is allowed in the FEMA designat (100) year floodway. Drilling within Flood Fringe or other ESA s Map adopted by the City is allowed under the restrictions set fo 35.22.5A.8. . b. Erosion and sediment control practices shall be conducted for Operator shall comply with the Erosion and Sediment Control Plan by the City.. c. As an exception to 35.22.5.A.6.a. or a Specific Use Permit re gas wells may have a target location or bottom-hole location tha floodway, an ESA or within one thousand two hundred (1,200) fee pool elevation of lake Ray Roberts or Lake Lewisville when the g directionally from a location outside such areas. d. Each well shall be equipped with an automated valve that clos event of an abnormal change in operating pressure. All wellheads emergency shut off valve to the well distribution line. 18 e. Each storage tank shall be equipped with a level control devi automatically activate a valve to close the well in the event of accumulation in the tank. f. All storage tanks shall be anchored for stability. g. All storage tanks shall be equipped with either steel or conc containment systems including lining with an impervious material containment system shall be of a sufficient height to contain on (1½) times the contents of the largest tank in accordance with t pots shall be provided at pump out connections to contain the li storage tank. h. Outside storage areas shall be equipped with a secondary cont designed to contain a spill from the largest individual vessel. rainfall, secondary containment shall be designed to include the twenty-four (24)-hour rainfall as determined by a twenty-five (2 provisions shall be made to drain accumulations of ground water i. Drilling and Production Sites shall be equipped with a ligh system, in accordance with the City’s Fire Code and the National Association’s NFPA-780. In addition, tank battery facilities sh with a remote foam line and a lightning arrestor system. j. A Hazardous Materials Management Plan shall be on file with t Any updates or changes to this plan shall be provided to the Fir three (3) working days of the change. All chemicals and/or hazar shall be stored in such a manner as to prevent, contain, and fac remediation and cleanup of any accidental spill, leak, or discha material. Operator shall have all material safety data sheets (M hazardous materials on site. All applicable federal and state re requirements for the proper labeling of containers shall be foll pollution prevention actions shall be required and include, but chemical and materials raised from the ground (e.g., wooden pall storage, installation and maintenance of secondary containment s protection from storm water and weather elements. k. All wells shall be plugged and abandoned in accordance with t RRC; however, all well casings shall be cut and removed to a dep (10) feet below the surface unless the surface owner submits a w otherwise. Three (3) feet shall be the minimum depth. In additi shall: 19 i. Submit a copy of its RRC Form W-3A (Notice of Intention t Abandon) and Form W-3 (Plugging Record) to the Inspector within business days of filing with the RRC; ii. Notify the Oil and Gas Inspector of the intention to plug at least twenty-four (24) hour prior to commencing activities; a iii. Submit to the Oil and Gas Inspector the surface hole locati acceptable Geographic Information System (GIS) format to accurat and track well locations. The GIS data may be submitted with an Well Permit application or with the annual administrative report of GIS location data is only required once. iv. Submit a copy of a soil sampling analysis as required by Sub 35.22.5.A.2.q. l. Operators must close each Drilling and Production Site in a m minimizes the need for care after closure. To achieve this requ shall be reclaimed to the condition identified on the Site Recla nearly as practicable. In the event development encroaches up t after drilling and production activities, a reasonable rehabilit be approved by the City to ensure the reclaimed site is compatib surrounding properties. m.No gas well drill sites shall be allowed on slopes greater tha n. No Class II injection wells shall be located within the City o. No gas well permit will be issued for any well where the Dril Site is located within one thousand (1,000) feet of an existing unless a variance, or consent from neighboring property owners, obtained per 35.22.5.A.1. p. Pits shall always be operated with a minimum of at least t freeboard above the contents within it. q. For safety reasons, fencing shall be installed to restrict ac other type of open pit utilized in gas well drilling operation the corporate limits of the City. r. Drip pans, catchment basins and other secondary containment d absorbing materials shall be placed or installed underneath all pumps, lubricating oil systems, engines, fuel and chemical stora 20 valves, connections, and any other areas or structures that coul discharge, or otherwise spill hazardous or solid materials. . s. After the well has been completed, or plugged and abandoned, clean and repair all damage to public property caused by such op thirty (30) days. t. After any spill, leak or discharge , the Operator shall remov removed all contamination and associated waste materials. Clean- shall begin immediately. u. The Drilling and Production Site and site access road shall a free of debris, pools of water or other liquids, contaminated so trash or other waste material outside the Drilling and Productio v. All pits associated with Drilling and Production Sites shall requirements. i. The type of pit used in drilling operations shall be specifie permitting. The Oil and Gas Inspector may perform a contaminatio assessment for any reserve pit, completion/work-over pit, drilli disposal pit, fresh makeup water pit, mud circulation pit, washo condensate pit. The following concentrations for contaminants wi determine if contamination exists within any materials in the pi Compound Concentration limit TPH15 mg/L BTEX500 µg/L Benzene50 µg/L From 30TAC 321.131.138 If concentrations exceeding these values are detected, the opera remove, cause to be removed, or otherwise remediate contaminants the limits provided herein. Cleanup operations shall begin immed Cleanup activities that do not begin within twenty-four (24) hou 21 notification by the oil and gas inspector shall be considered a Subchapter. ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud systems and oil-based mud systems are prohibited. iii. Chloride content of fluids held in pits may not exceed thr milligrams per liter. iv. No metal additives may be added to any drilling fluids. v. All fluid produced from the well during completion of product held in enclosed containers while stored on the property. vi. All fluids shall be removed ("de-watering") from the pits w days of completion of drilling operations. vii. The pit and its contents shall be removed from the premises days after completion of the drilling of a well; provided, however, that the permittee may apply for a ninety (90)-day extension from such requirements based on necessity to maintain said pit, inclement weather, or other fact period of time shorter than the ninety (90)-day extension set ou w. All pits shall be backfilled in accordance with the following Director of Planning and Development may grant permission for a the site if the surface property owner submits a written request i. Reserve pits and mud circulation pits shall be dewatered wi and backfilled and compacted within ninety (90) days of cessatio drilling activities. ii. All completion/workover pits used when completing a well sh dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of well completion. iii. All completion/workover pits used when working over a well dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of completion of re-work opera iv. Basic sediment pits, flare pits, fresh mining water pits, a condensate pits shall be dewatered, backfilled, and compacted wi hundred and twenty (120) days of final cessation of use of the p x. Each operator must submit to the City a water conservation pl The plan must provide information in response to each of the fol i. A description of the use of the water in the production proce the water is diverted and transported from the source(s) of supp water is utilized in the production process, and the estimated q 22 consumed in the production process and therefore unavailable for discharge, or other means of disposal; ii. If long-term, five (5) to ten (10) years, water storage is a five-year and ten-year targets for water savings and the basis f development of such goals; iii. A description of the device(s) and/or method(s) within an a minus 5.0% to be used in order to measure and account for the am water diverted from the source of supply; iv. Leak-detection, repair, and accounting for water loss in the system; v. Application of state-of-the-art equipment and/or process modi improve water use efficiency; and vi. Any other water conservation practice, method, or technique shows to be appropriate for achieving the stated goal or goals o conservation plan. y. No gas well drilling and production shall be permitted withi (1,200) feet of the flood pool elevation of Lake Ray Roberts or unless the Operator first obtains a SUP. . 7. Supplemental drilling. a. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the conditions for the applicable S or underlying zoning classification that permits gas development operator shall provide the Oil and Gas Inspector a copy of addi permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the approved Gas Well Permit for th with the City. 8. Watershed Protection Requirements for Wells located in Flood ESA's. The standards in this subsection are adopted pursuant to the aut Texas Local Government Code, Section 551.002 and are intended to adverse impacts on areas within the Flood Fringe or ESA, reduce lessen the potential for contaminating surface water or any wate 23 a. The provisions of 35.22.5A.6 and 35.22.5A.8 shall apply to a Drilling and .. Production Site required to have a Watershed Protection Permit w corporate limits of the City of Denton. The provisions of 35.2 to a Drilling and Production Site required to have a Watershed P located within the corporate limits of the City of Denton or wit City of Denton. b. Drilling and Production Sites shall be located outside ESAs w to minimize adverse impacts on these areas, reduce flood damage, potential for contaminating surface water or any water supply. c. Prior to location of any gas well in the Flood Fringe or ESA, or applicant shall first obtain approval of an application that the Application Criteria Manual for a Watershed Protection Permi comply with the provisions of 35.22.5. d. A Watershed Protection Permit containing an ESA assessment of Production Site shall be approved by the Department of Environm i.For all ESAs prior to the approval of a Gas Well Development 1. If a riparian buffer is designated as "fair" to "excellent" E protective stream buffer width as specified in Subchapter 17 of Development Code shall apply, and no encroachments shall be allo 2. Within all areas except unstudied floodplains, if the stream as a "poor" ESA, the designated width of the protective stream b `shall be decreased by either fifty (50) percent or to the limit floodway whichever is greater, but in no instance shall the prot stream buffer width be decreased below twenty-five (25) feet mea each direction from the centerline of the existing channel. ii. For all flood fringe ESAs prior to the approval of a Gas We Site Plan or Plat. e. Tree mitigation for gas wells located in an ESA shall be requ calculated on a one to one replacement value for one hundred (10 dbh of trees removed from the Drilling and Production Site.. Tre be accomplished by planting replacement trees, within a floodpla site with similar tree species or by payment into a Tree Mitigat Mitigation Funds that are specific to ESA's will be kept separat Mitigation Funds and will only be used to either acquire wooded riparian property that remains in a naturalistic state in perpetuity, or to purchase conservation easements within riparian or floodplain areas. Fund purchase, plant, and maintain trees on public property, as long property is within a riparian area or floodplain. 24 f. The Watershed Protection Permit application shall contain the information and such information as may be required by the Devel Committee which is reasonably necessary to review and determine proposed development and required facilities meet the requiremen Subchapter and as required by the Application Criteria Manual. T that is required for the Watershed Protection Permit shall inclu limited to: i.A Tree Inventory Plan shall show the location of ESAs on any p Drilling and Production Site. ii. Any request to remove tree(s) shall be accompanied by a lett certified geologist or engineer that indicates why the well site located to avoid the trees. If Operator has chosen to pay into Mitigation Fund, such funds shall be paid prior to final approva and Production Site within an ESA. iii. Show location of ESAs on proposed Drilling and Production S g. Only one (1) well head, may be placed in the Flood Fringe or following conditions: i. Storage tanks or separation facilities shall be constructed (18) inches above the established Base Flood elevation plus the depth for encroachment to the limits of the floodway having a on chance of being equaled or exceeded in any year. ii. A hydrologic and hydraulic engineering study shall be perfor Registered Professional Engineer. The study shall be submitted to the Engineering Department in a technical report for review by the C or his designated representative. The report shall demonstrate t proposed facilities will have no adverse impacts on the carrying the adjacent waterway nor cause any increases to the elevations for the floodplain. When the Special Flood Hazard Areas (SFHA) o subject site is designated as "Zone A" on the FIRM Panel, or the identified on the FIRM Panel, the following approximate method m to evaluate the impacts from gas well development. A flow rate s calculated using procedures set forth in the City of Denton Drai Manual. Using Manning's Equation with an estimate of the average the stream, measurements of a single irregular cross-section geo well site, and the one hundred (100) year discharge rate, the av and normal depth may be calculated. Calculations shall be provid unaltered existing channel cross-section and for the proposed mo 25 channel cross-section and submitted to the City for review and a to construction within these areas. iii. No more than ten (10) percent of the floodplain, within the Well Development Site Plan or Gas Well Development Plat, may be h. If evidence from water quality monitoring efforts indicates t occurring from gas wells, the Operator shall remove, cause to be otherwise remediate contamination, as required by the oil and ga including but not limited to Waste Minimization Practices establ RRC. Cleanup operations shall begin immediately. A re-inspection charged as established by the City Council and published in the Criteria Manual. B. Drilling and Production Sites shall comply with all federal, applicable to gas well drilling, production and operations. C. Noise Management Standards. The following standards apply to production in the City limits. 1. The Operator shall submit with its Gas Well Site Plan a con hour pre-drilling Ambient Noise Level measured three hundred (30 boundaries of the Drilling and Production Site. The seventy-two shall include at least one (1) twenty-four-hour reading during e Sunday. 2. No gas well drilling equipment, production equipment, re-dril other associated equipment shall be operated at any Drilling a within the City in such a manner so as to create any noise level (65) decibels. The dB level shall be measured at a distance of one thousand ( boundaries of the Drilling and Production Site or one hundred ( any Protected Use setback line, whichever distance is nearer to Production Site. 3. The distances described in 35.22.5.C.2 shall be measured fro Drilling and Production Site depicted on the Gas Well Developme Development Site Plan, in a straight line, without regard to int objects, and outward from the boundary of the Drilling and Prod 26 4.If the ambient noise level that was established and submitted accordance with 35.22.5.C.1 is higher than the levels set forth noise generated from the Drilling and Production Site may not established ambient noise level by more than five (5) decibels d and three (3) decibels during nighttime hours, except as provide below. 5. The following adjustments to the noise standards as set forth intermittently during daytime hours only, except in the case of Maximum Permitted Increase above 65 dB or established ambient, Maximum Duration ambient exceeds 65 dB (minutes)* 10 dB 5 minutes 15 dB 1 minute 20 dB Less than 1 minute *Cumulative minutes during any one hour. 6. Acoustical blankets, sound walls, mufflers or other alternati by the City may be used to ensure noise limitation compliance. A shall comply with accepted industry standards and be subject to 7. The sound level meter used in conducting noise evaluations sh National Standard Institute's Standard for sound meters or an in associated recording and analyzing equipment which will provide equivalent data. 8. The noise level generated during gas drilling activities shal monitored by the Operator to ensure compliance with the noise li established herein, if the Drilling and Production Site is withi feet of a Protected Use. The cost of such monitoring shall be bo In addition, the Operator shall also provide the following data: i. The continuous noise monitoring data shall include an audio identify the source of sound level fluctuations throughout the l continuous noise monitoring equipment shall be capable of remote real-time noise and audio data in a format acceptable to the Ins the real-time data shall be made available to the Oil and Gas Inspector; 27 ii. The continuous noise monitoring data shall be summarized i and submitted to the Oil and Gas Inspector each Monday for the p through Sunday reporting week, which may be combined with the su week if the number of monitoring days for any given week is thre The report shall be in an electronic format or other format spec Gas Inspector. The weekly report shall contain all noise data, tones and low frequency readings, and shall be averaged in twent intervals; and iii. The weekly noise report shall state whether the Drilling a compliance with acceptable noise standards. If the report identifies that the Drilling and Production Site is not compliant, then the report s measures being taken to return the site to compliance and the ti implementing these remedial measures. 9. For Drilling and Production Sites not continuously monitored, received after the commencement of drilling activities by eith City, the Operator shall immediately upon receipt of the complai monitor the exterior noise level generated by the gas well drilling or production for a seventy-two(72) hour period and take the action necessary to aba violation exists. The monitoring shall be performed in accordan and ii. 10. In the event of a violation of this subsection, the City may citation to the Operator for the violation. 35.22.6. - Gas Well Development Site Plan and Watershed Protecti A. Applicability. 1. A Gas Well Development Site Plan shall be approved for any la limits before a Gas Well Permit may be issued or any gas well dr activities may occur. Approval of a Gas Well Development Site Pl processing of a complete application for a Gas Well Permit. If he Watershed Protection Permit application shall accompany the appl Development Site Plan or Gas Well Development Plat, but shall be 2. A Watershed Protection Permit shall be approved prior to appr Development Site Plan, Gas Well Development Plat, or Gas Well Pe land in any floodplain or ESA within the corporate limits of th Watershed Protection Permit authorizes the processing of a compl Gas Well Development Site Plan or Gas Well Development Plat, as that includes land in a floodplain or ESA. B. Application Requirements—Gas Well Development Site Plan. 28 1. An application for a Gas Well Development Site Plan shall not complete or deemed complete until: a. Any required Specific Use Permit has been approved by the Cit b. A complete application for a Watershed Protection Permit, whe been filed with the City pursuant to this subchapter. Any condit approval of the Watershed Protection Permit shall be deemed inco the conditions of approval for the Gas Well Development Site Pla 2. Approval of a Gas Well Development Site Plan authorizes the h Site Plan to apply for a Gas Well Permit. 3. An application for a Gas Well Development Site Plan, in addit forth in Subsection 1, shall: a. Clearly delineate the boundaries of the gas well drilling or metes and bounds description, and list the exact acreage of the drilling and production activities shall be limited to this area b. Identify all ingress and egress points. c. Show the location of all floodplains and ESAs. d. Show the location of all freshwater wells currently in use at the time of filing of the application within one thousand (1,000) feet of the Drilling Site. e. Show the location of all structures with a protected use with (1,000) feet of the Drilling and Production Site; f. Identify and show proposed method of erosion and sediment con g. Identify the location of proposed lease lines; h. Identify the location of all proposed gas wells, mud pits, po equipment; i.Label distances between gas wells and property lines; j. Provide site specific well schematics showing layout during completion of drilling; k. Show location of all existing and proposed underground pipeli drawings shall be filed with the City (in a digital form as spec and as a condition of maintaining the annual operating permit). 29 proposed in public rights-of-way shall require a Right-of-Way Us The City Manager shall have the authority to enter into a Right- Agreement; l. Show the location of all pipelines and identify if pipelines connect with a Gas Distribution System; m. Identify the height, size, bulk and location of all structure dehydrators, parking areas, security cameras, lighting, tanks, t rigs, separators, compressors, perimeter walls, utilities, and a objects contemplated within the boundaries of the gas well drill area; n. Provide a Tree Protection Plan demonstrating compliance with Preservation Code; o. Provide a Signage Plan, complying with this Subchapter for bo and pipelines; p. A Screening, Fencing, and Landscape Plan, in accordance with established for Industrial land uses in Subchapter 13 of the DDC compliance with all landscape and screening measures to be taken irrigate all landscaping including the water source for irrigati efforts to replace dead or dying screening vegetation; and q. A Noise Mitigation Plan that includes: i.A description of the proposed facility/operation; ii.The established ambient noise level; iii.An analysis of any significant sources of noise generated on and Production Site; and iv.An analysis of any abatement measures necessary to bring the activity into compliance with the City’s noise standards. r. A Site Reclamation Plan that establishes the existing conditi prior to drilling activities. The Site Reclamation Plan shall and Post-Closure Plans. i. Closure Plan. Site closure includes well plugging and abandon equipment removal, and site clean-up. This plan should describe Drilling and Production Site will be closed, how the proposed fi closure will be achieved, and a detailed description of the clos 30 ii. Post-Closure Plan. Post-closure care includes any subsequent necessary to minimize the need for care after closure and should anticipated work activities necessary to achieve this objective. s. The Operator shall submit an Erosion and Sediment Control Pla with the applicable City Criteria Manual. t. The Operator shall notify all private freshwater well owners in writing that they have the right to have their wells tested. Proof of such writte submitted to the City as part of the Site Plan application. Exceptasprovidedinsubsection35.22.6.B.3.u.iiibelow,areportdetailingall privatewaterwellswithin1,500feetoftheDrillingandProductionSite’s boundaryandmethodforwhichsuchinformationwasobtained.Thereport shouldincludefreshwaterwellsamplingpre-drillinganalysisthatmeetsthe followingrequirements: i.Water sampling must be collected and analyzed in accordance with established federal sampling and laboratory protocol. All labor TCEQ or EPA certified laboratories. Pre-approval by the City’s Environmental Services Director, or designee, of all sampling methods, preservation techniques, analytical methods and contract laborat required. This information is required to be submitted with the Permit application. ii.At a minimum, the following parameters shall be tested for: meth chloride, sodium, barium, strontium, total dissolved solids, tot solids, and pH. Other parameters may be required at the discret City’s Environmental Services Director, or designee. iii.This freshwater well sampling requirement may be partly or entir a well(s) is(are) abandoned, or if one or more of the freshwater within 1,500 feet of the Drilling and/or Production Site deny ths request to have the well(s) sampled. The Operator must produce evidence to support that the well(s) is(are) abandoned or that t request(s) was(were) denied by the freshwater well owner(s). u. The Operator shall submit a deed, lease, contract or similar evidencing the location of the Drilling and Production Site, whi be filed with the County Records Department upon approval of the Development Site Plan. v. The Operator shall provide a copy of its Emergency Action Pla prepare one pursuant to federal or state law. 31 w. Any other information deemed necessary by the Oil and Gas In compliance with these standards. C. Processing of Applications. 1. An application for a Gas Well Development Site Plan shall be manner for an application for a gas well development plat, as pr 35.16.19 of the DDC. , and shall be decided by the Oil and Gas Inspector 2. A Watershed Protection Permit shall be processed in accordanc a. All applications for Watershed Protection Permits shall be fi Department, who shall immediately forward all applications to th review. Incomplete applications shall be returned to the applica the City shall provide a written explanation of the deficiencies applicant. The City shall retain a processing fee determined by The City may return any application as incomplete if there is a before the Railroad Commission regarding the determination of th application shall be deemed accepted for filing until the applic b. The DRC may attach such conditions to approval of a Watershed Permit as are necessary to assure that the requirements of Subse met. c. Each Watershed Protection Permit approved by the DRC shall: i.Identify the name of each well subject to the permit; ii.Specify the date on which the Permit was issued; iii.Incorporate by reference all applicable standards of approva iv. Incorporate by reference all applicable conditions of approv D. Criteria for Approval. 1.No Gas Well Development Site Plan shall contain more than one Production Site, and the Drilling and Production Site shall not acres in size. All standards in Section 35.22.5 shall be met, an to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 32 2. The following standards apply to an application for a Watersh a. For land inside the City limits, all conditions imposed by an MPC District or a PD District for the land subject to the Waters Permit. b. Standards in Subsection 35.22.5A.6 and 35.22.5A.8. .. 3. An Operator shall submit an amended Gas Well Development Site approval if the items required by 35.22.6.B.3, subsections b., different than those contained in the earlier approved Gas Well Plan. The Oil and Gas Inspector shall review the amended Gas We Site Plan in accordance with this Subsection D. E. Expiration. 1. A Gas Well Development Site Plan shall automatically expire o date of approval, unless a Gas Well Permit has been issued by th site. a. A Gas Well Development Site Plan shall not be extended unless exception has been approved by the Board of Adjustment pursuant 35.22.16. The applicant may submit a new Gas Well Development Si application for review and approval in accordance with all appli requirements of the DDC then in effect. b. If the Gas Well Development Site Plan expires, then all permi or simultaneous with the site plan for the same activity shall l the same date. 2. An associated Watershed Protection Permit shall expire with t Well Development Site Plan and may not be extended prior to expi 35.22.7. - Gas Well Permit Required. A. Any person, acting for himself or acting as an agent, employe or servant for any person, shall not engage in the drilling and within the corporate limits of the City without first obtaining under this Subchapter. B. When a Gas Well Permit has been issued covering a well, the P authority for drilling, operation, production, gathering of prod re-working, testing, site preparation consisting of rigs or tank abandonment, and any other activity authorized by this Subchapte drilling or production by the Operator and their respective empl contractors. A Gas Well Permit shall also constitute authority f 33 of all facilities reasonably necessary or convenient in connecti gathering lines and discharge lines, by the Operator and its res contractors and subcontractors. C. A Gas Well Permit shall not be required for exploration for g geologic or geophysical activities, including, but not limited t exploration, related to the search for oil, gas, or other sub-su seismic permit is required for impact-based exploration. . D.A Gas Well Permit shall not, however, constitute authority for of a plugged and abandoned well. Re-entry and drilling of a plug shall require a new Gas Well Permit. E. Applications for Gas Well Permits shall be in accordance with 1. Shall be in writing; 2. Shall be on forms provided by the City; 3. Shall be signed by the Operator; 4. Shall include the application fee; 5.Shall include a copy of the applicable SUP, PD District, or Ga Site Plan; and 6. Shall include the information required by the Application Criteria Manual unless such information has been previously provided to the City. 35.22.8. - Insurance and Indemnification. The Operator shall provide or cause to be provided the insurance well for which a Gas Well Permit is issued, such insurance to co abandoned and the site restored. The operator may provide the re "blanket basis for multiple wells". Such coverage shall be appro the City of Denton. A. General Requirements. Indemnification and Express Negligence Pro 1. Each Gas Well Permit issued by the City shall include the fol Operator does hereby expressly release and discharge, all claims judgments, and executions which it ever had, or now have or may may have, or claim to have, against the City of Denton, and/or i agents, officers, servants, successors, assigns, sponsors, volun 34 created by, relating to or arising out of personal injuries, kno injuries to property, real or personal, or in any way incidental the performance of the work performed by the operator under a Ga the Operator caused by or arising out of, that sequence of event the Gas Well Permit, and work performed by the Operator shall fu indemnify, and hold harmless the City of Denton, Texas, and/or i agents, officers, servants, employees, successors, assigns, spon from and against each and every claim, demand, or cause of actio liability, damages, obligations, judgments, losses, fines, penal expenses incurred in defense of the City of Denton, Texas, and/o agents, officers, servants, or employees, including, without lim injuries and death in connection therewith which may be made or Operator, its agents, assigns, or any third parties on account o any way incidental to or in connection with the performance of t by the Operator under a Gas Well Permit and, the Operator agrees hold harmless the City of Denton, Texas, and/or its departments, agents, servants, employees, successors, assigns, sponsors, or v liabilities or damages suffered as a result of claims, demands, against the City and/or, its departments, it's officers, agents, created by, relating to or arising out of the acts or omissions occurring on the Drilling and Production Site or operation site of inspecting and permitting the gas wells INCLUDING, BUT NOT LI CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not renewed without thirty (30) days advanced written notice to the except when this policy is being cancelled for nonpayment of pre ten (10) days advance written notice is required". 3. Liability policies shall be written by carriers licensed to d with companies with A: VIII or better rating in accordance with 35 Rating Guide, or with nonadmitted carriers that have a financial carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the Cit employees, and volunteers. 5. Certificates of insurance shall be presented to the City evid endorsements required by this Section 35.22.8, and the acceptanc without the required limits and/or coverage's shall not be deeme requirements. 6. Claims made policies will not be accepted except for excess p otherwise provided by this Subchapter. B. Required Insurance Coverages. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of one mil ($1,000,000) per occurrence for Bodily Injury and Property Damag coverage shall include premises, operations, blowout or explosio completed operations, blanket contractual liability, underground broad form property damage, independent contractors protective l personal injury. b. Environmental Impairment (or Seepage and Pollution) shall be the coverage or written as separate coverage. Such coverage shal damage to the lease site. If Environmental Impairment (or Seepag Coverage is written on a "claims made" basis, the policy shall p retroactive date applicable precedes the effective date of the i Permit. Coverage shall apply to sudden and non-sudden pollution resulting from the escape or release of smoke, vapors, fumes, ac chemicals, liquids or gases, waste material or other irritants, pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit dollars ($1,000,000) per occurrence for Bodily Injury and Proper coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum s requirements, coverage shall include Employer's Liability limits hundred thousand dollars ($100,000) for each accident, one hundr ($100,000) for each employee, and a one million dollars ($1,000, occupational disease, and the insurer agrees to waive rights of City, its officials, agents, employees, and volunteers for any w City by the operator. 36 4. Excess (or Umbrella) Liability Insurance. Minimum limit of te ($10,000,000) covering in excess of the preceding insurance poli 5. Control of Well Insurance. a. Minimum limit of five million dollars ($5,000,000) per occurr b. Policy shall cover the Cost of controlling a well that is out or Restoration expenses, Seepage and Pollution Damage. Damage to the Operator's Care, Custody, and Control with a sub-limit of fi thousand dollars ($500,000) may be added. 35.22.9. - Security. A. A security instrument that covers each well shall be delivere Inspector before the issuance of the Gas Well Permit for the wel provide that it cannot be cancelled without at least thirty (30) the City and, if the instrument is a performance bond, that the without at least ten (10) days' prior written notice for non-pay instrument shall secure the obligations of the operator related to the well to: 1. Repair damage, excluding ordinary wear and tear, if any, to p but not limited to bridges, caused by the operator or by the ope agents, contractors, subcontractors or representatives in the pe activity authorized by or contemplated by the Gas Well Permit; 2. Comply with the insurance and security provisions set forth i Section 35.22.9; 3. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas Well Permit; and 4. Comply with Site Reclamation requirement. B. The security instrument may be in the form of an irrevocable bond issued by a bank or surety approved by the City. The instru City for the benefit of the City, shall become effective on or b Permit is issued, and shall remain in effect until the well is a restored. C.A certificate of deposit may be substituted for the letter of certificate shall be issued by a bank in Denton County, Texas, s City, shall be payable to the order of the City to secure the obligations of the Operator described above, and shall be pledged to the bank with evidence 37 the Director of Planning and Community Development. Interest on the certificate shall be payable to the operator. E.The security instrument may be provided for an individual well each Drilling and Production Site. The amount of the security s City Engineer, with due regard to the costs and risks to be secu above, either on a per-application basis, or as administratively in the Application Criteria Manual, in the minimum amount of on dollars ($100,000.00) for a single well on the site, two hundred ($200,000) for two (2) to four (4) wells on the same site, or t dollars ($300,000.00) for 5 or more wells on the same site.The when the Oil and Gas Inspector confirms in writing that one of t occurred: 1. The Gas Well Permit is transferred, and the Operator-transf security that complies with this section; or 2. The well is plugged and abandoned and the site restored. F. An appeal of the determination of the amount of security req may be made to the Planning and Zoning Commission for recommenda Council for final determination of the amount of security. 35.22.10. - Review of Permits for Gas Well Drilling and Producti A. All applications for Gas Well Permits shall be filed with the immediately forward all applications to the DRC for review. Inco shall be returned to the applicant, in which case the City shall explanation of the deficiencies if requested by the applicant. T processing fee determined by ordinance. The City may return any incomplete if there is a dispute pending before the Railroad Com determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval o 1. A SUP, where required, a Detailed Plan in a PD district, or a authorization in a MPC district; 2. A Watershed Protection Permit, where applicable; and 3. A Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be conditional approval of the Gas Well Permit. B. The DRC shall review each application consistent with the pr 35.16.8 and shall determine: 38 1.Whether the application includes all of the information requir 2.Whether the application is in conformance with the applicable Development Site Plan, applicable SUP, MPC Zoning District or PD and 3. Whether the application is in conformance with the insurance requirements set forth in Subsection 35.22.8 and Subsection 35.2 . C.The Oil and Gas Inspector may not release the approved Gas Operator has provided: 1. the security required by Subsection 35.22.9; 2. upon the Operator entering into a Road Damage Remediation Ag obligate the operator to repair damage excluding ordinary wear a public streets, including but not limited to, bridges caused by operator's employees, agents, contractors, subcontractors or rep performance of any activity authorized by or contemplated by the Permit; and 3.a copy of the recordable instrument filed with the County Reco required by Subsection 35.22.6.B.3.u. D.The failure of the DRC or the Oil and Gas Inspector to review Permit within the time limits specified above shall not cause th Permit to be deemed approved. E. Each Gas Well Permit issued by the Oil and Gas Inspector sha 1. Identify the name of each well and its Operator; 2. Specify the date on which the Oil and Gas Inspector issued e 4.Specify the date by which drilling shall commence, otherwis (such date shall not be less than 6 months after the date of is 4. Specify that if drilling is commenced before the Permit expi continue until the well covered by the Permit is abandoned and 5. Incorporate, by reference, the insurance and security require Subsection 35.22.8 and Subsection 35.22.9 ; 39 6.Incorporate, by reference, the requirement for periodic report 35.22.11 and for Notice of Activities set forth in Subsection 35 7.Incorporate the full text of the release of liability provisio 35.22.8.A.1; 8.Incorporate, by reference, the conditions of the applicable Wa Permit, Gas Well Development Site Plan, and applicable SUP, MPC or PD Zoning District, and Gas Well Ordinance applicable at the well drilling and production project; 9.Incorporate, by reference, the information contained in the Pe 10.Incorporate, by reference, the applicable rules and regulatio the applicable "field rules"; 11.Specify that no drilling operations (including the constructi access roads) shall commence until the operator has provided the Subsection 35.22.9; 12.Contain the name, address, and phone number of the person des notices from the City, which person shall be a resident of Texas person or by registered or certified mail; 13.Incorporate by reference all permits and fees required by the 14.Incorporate the well’s RRC permit number and the American Pet (API) number; 15.Incorporate, by reference all other applicable provisions set 16.Contain a notarized statement signed by the Operator, or desi information is, to the best knowledge and belief of the Operator and correct. 17.Contain a statement that the Operator is required to comply w and state laws and regulations, which the City will verify compliance as part of its periodic inspections. F. The decision of the Oil and Gas Inspector to deny an applica shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision . G. If an application for a Gas Well Permit is denied by the Oil herein contained shall prevent a new Permit application from bei for the same well. 40 H. Expiration of Gas Well Permit. 1. A Gas Well Permit is valid for six (6) months and shall autom gas well drilling and production have commenced prior to expira 2. If a Gas Well Permit has been issued by the City but gas well have not commenced prior to the expiration of the permit, the pe extended unless a special exception has been approved by the Boa pursuant to 35.22.16; however, the Operator may reapply for a ne 3. If gas well drilling and production have commenced prior to t Well Permit issued by the City, the permit shall continue, and O subject to an Annual Inspection and Administration fee. 4. If gas well drilling and production have commenced following Well Permit by the City before the expiration date, the approved Production Site and all activities shall be subject to inspecti compliance with terms and conditions of the Gas Well Permit and standards of the DDC. 35.22.11. - Periodic Reports. A. The Operator shall notify the Oil and Gas Inspector of any c information within one (1) business day after the change occurs 1.The name, address, and phone number of the Operator; 2.The name, address, and twenty-four (24)-hour phone number of t supervisory authority over the Drilling and Production Site; 3.The name, address, and phone number of the person designated t from the City, which person shall be a resident of Texas that ca or by registered or certified mail; and 4. The Operator's Emergency Action Plan if required to file one state law. B. The Operator shall provide a copy of any "incident reports" o submitted to the RRCor any other state or federal agency within operator has notice of the existence of such reports or complaints. This includes the recording of both reportable and non-reportable events as noted Code, Title 30. . 41 C. Beginning the January after each well is spud, and continui thereafter until the operator notifies the Oil and Gas Inspector that the well has been plugged and abandoned and the Drilling and Production Site resto prepare a written report to the Oil and Gas Inspector identifyi information that was included in the application for the applica have not been previously reported to the City. D. The Operator must provide a copy to the Oil and Gas Inspecto with the TCEQ in connection with an installed vapor recovery uni 35.22.5.A.2.n. The Operator shall also provide the City with co provided by TCEQ. Such reports and responses shall be kept on t Production Site and shall be available for inspection when reque Inspector. E. The Operator shall provide the City with copies filed with t reports for setting surface casing, blowout preventer (BOP) pres testing, pressure relief valve testing, and level control testin provide the City with copies of any responses provided by the RR reports and responses shall be kept on the Drilling and Producti available for inspection when requested by the Oil and Gas Inspe F. The Operator shall submit a copy of a soil sampling analysis 35.22.5.A.2.q upon request by the Oil and Gas Inspector. G. In addition to the records listed in Subsections 35.22.5.A.6. Operator shall provide the City with a copy of all records filed by the Operator or by third parties. Copies of such records sha and Production Site and shall be available for inspection when r Gas Inspector. 35.22.12. - Notice of Activities. A. Any Operator who intends to perform the following activities work a well using a drilling rig; (3) to fracture stimulate a we operations; (5) plug a well; (6) perform any other maintenance at a Drilling and Production Site; or (7) to conduct seismic exploration not invol shall give written notice to the City at least two (2) days bef Damage Remediation Fees shall be paid to the City and submitted Activities. B. All dwellings within one thousand (1,000) feet of a well shal forty-eight (48) hours prior to the activities. 1. The notice shall identify where the activities will be condu activities in reasonable detail, including but not limited to th and the time of day they will be conducted. 42 2.The notice shall also provide the address and twenty-four (24) the person conducting the activities. C.The Operator responsible for the activities shall post a si Drilling and Production Site giving the public notice of the act address, and twenty-four (24)-hour phone number of the person co D. If upon receipt of the notice the City determines that an ins Inspector is necessary, the operator will pay the City's customa inspection. E. Surface Casing. 1. The Operator shall notify the Inspector within 24 hours of se 2. Casing procedures shall follow RRC Rule 3.13, or any success F.If a proposed Drilling and Production Site is located within o protected use, the Operator shall also host a public meeting at convenient to surrounding property owners and residents at least more than forty-five (45) days, prior to either: (1) the public and Zoning Commission in connection with an SUP application, or a Gas Well Development Site Plan if an SUP is not required. The written notice of the meeting to all property owners located wit feet of the proposed Drilling and Production Site. A mailing li property and property owner shall be submitted to the Oil and Ga compliance with this requirement. The meeting should provide in planned activities and timelines for the site and must provide a to ask questions about the proposed site. All notification and borne by the Operator. G.All surrounding property owners, businesses and residents with feet of a Drilling and Production Site shall be notified a minim hours prior to fracturing of a wellhead. In addition, at least fracturing operations commence, the Operator shall post a sign a advising the public of the date the operations will begin and se 35.22.13. - Amended Gas Well Permits. A. AnOperator may submit an application to the Oil and Gas Insp Gas Well Permits to: 1. Commence drilling from a new drill site that is not shown on reference as part of) the existing permit; 2. To relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing Gas Well Permit; or 43 3. To otherwise amend the existing Gas Well Permit, for land sub approved Gas Well Development Site Plan. B. Applications for amended Gas Well Permits shall be in writing provided by the Department of Planning and Development, shall be operator, and shall include the following: 1.The application fee as set by City ordinance; 2.A description of the proposed amendments; 3.Any changes to the information submitted with the application Well Permit (if such information has not previously been provide 4.Such additional information as is reasonably required by the demonstrate compliance with the applicable Gas Well Development applicable SUP or PD District; and 5. Such additional information as is reasonably required by the prevent imminent destruction of property or injury to persons. C. All applications for amended Gas Well Permits shall be filed Planning and Development, and the Department shall immediately f applications to the Oil and Gas Inspector for review. Incomplete applications may be returned to the applicant, in which case the City shall provide deficiencies; however, the City may retain a processing fee as d Gas Inspector. The City may return any application as incomplete pending before the RRC regarding the determination of the Operat D. If the activities proposed by the amendment are not materiall activities covered by the existing Gas Well Permit or Gas Well D and if the proposed activities are in conformance with the appli Protection Permit, Gas Well Development Site Plan, applicable SU PD District, or site-specific authorization in a MPC District, then the Oil and Gas Inspector shall approve the amendment within ten (10) days after E. If the activities proposed by the amendment are materially di covered by the existing gas well permit, and if the proposed act with the applicable Watershed Protection Permit, Gas Well Develo applicable SUP or Detailed Plan in a PD District, or site-specif District, then the Oil and Gas Inspector shall approve the amen days after the application is filed. In addition, if the activit are materially different or, in the judgment of the Oil and Gas risk of imminent destruction of property or injury to persons th the activities covered by the existing permit or that was not ot 44 consideration by the existing permit, the Oil and Gas Inspector amendment to be processed as a new Gas Well Permit application. F. The failure of the Oil and Gas Inspector to review and issue Permit within the time limits specified above shall not cause th amended Permit to be deemed approved. G. The decision of the Oil and Gas Inspector to deny an amendme shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. The oper denial in accordance with Section 35.22.16.A.1. 35.22.14. - Transfer of Gas Well Permits. A Gas Well Permit may be transferred by the Operator with the written consent of the City if the transfer is in writing signed by both parties, if the transf terms and conditions of the transferred Permit, if all information previously provided to the City as part of the application for the transferred Permit is up and if the transferee provides the insurance and security requir Section 35.22.9. The insurance and security provided by the tran copy of the written transfer is provided to the City and all oth subsection are satisfied. The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transf 35.22.15. - Inspection. A. The Oil and Gas Inspector shall have the authority to issue a required to carry out the intent and purpose of this Subchapter. comply with any such order or directive shall constitute a viola B. The Oil and Gas Inspector shall have the authority to enter a covered by the provisions of this subchapter, to determine compl and all applicable laws, rules, regulations, standards, or direc federal authority. C. Pursuant to inspection authority granted by the Texas Clean A Code, the Oil and Gas Inspector shall conduct periodic inspectio under this Subchapter. D. Inspections may include periodic evaluations of air quality, of, Drilling and Production Sites. Inspections will also includ conformance with their Hazardous Materials Management Plan and o requirements to their site. 45 35.22.16. – Appeals and variances. A. Procedures. 1.The Board of Adjustment shall hear and decide appeals of order determinations made by the Oil and Gas Inspector relative to the interpretation of this Subchapter, except for those matters desc 35.22.4.F.3 and 35.22.17; furthermore the Board of Adjustment sh requests for variances to the provisions of this Subchapter unde set forth below. The Board may also grant a special exception ex expiration date of a Gas Well Development Site Plan or a Gas Wel period not to exceed one year pursuant to the criteria set forth who desires to appeal the type of action described in this subse variance may file an appeal or variance to the Board of Adjustm procedural process outlined in Section 35.3.6 of the DDC. Appeal fees shall be required for every appeal or variance request. The Board of Adj the appeal or variance and any other related information. a. Standard of review for appeals. The members of the Board of have and exercise the authority to hear and determine appeals wh there is error or abuse of discretion regarding the approval or Development Site Plan, or the issuance or non-issuance of a Gas b. Standard of review for variances. In deciding variance req Adjustment shall consider, where applicable, the following relev i. Whether there are special circumstances existing on the property on which the application is made related to size, shape, area, topography, su conditions and location that do not apply generally to other pro vicinity; ii. Whether a variance is necessary to permit the applicant the use of his property that are presently enjoyed by other similarl properties, but which rights are denied to the property on which application is made; iii. Whether the granting of the variance on the specific property will adversely affect any other feature of the comprehensive master plan of the iv. Whether the variance, if granted, will be of no material det welfare or injury to the use, enjoyment, or value of property in 46 v. Whether the operations proposed are reasonable under the circ conditions prevailing in the vicinity considering the particular character of the improvements located there; vi. Whether the drilling of the maximum number of potential well proposed drill site would conflict with the orderly growth and d the town; vii. Whether there are other alternative well site locations; viii. Whether the operations proposed are consistent with the he welfare of the public when and if conducted in accordance with t combined well permit conditions to be imposed; ix. Whether the operations proposed are consistent with protecti integrity and environmental quality, including protection of sur ground water sources, of potentially impacted environmentally se x. Whether there is reasonable access for town fire personnel an equipment, including the ability to safely evacuate potentially residents; xi. Whether the impact upon the adjacent property(ies) and the g operations conducted in compliance with the oil, gas, or combine conditions are reasonable and justified, balancing the following 1. The reasonable use of the mineral estate by the mineral estat explore, develop, and produce the minerals; and 2. The availability of alternative drilling sites; and xii. Where a variance is requested to reduce separation standar in addition to other relevant criteria, the extent to which owne Uses, or freshwater wells currently in use, or previously platte where one or more lots have habitable structures, have consented reduction in separation standards in writing. c. The Board of Adjustment shall determine whether to grant an e expiration date for a Gas Well Development Site Plan or Gas Well upon whether there are circumstances reasonably beyond the contr 47 Operator, including any delay on the part of the City in issuing permits, that justify an extension of the Site Plan or Permit, in order that the Operator may enjoy the same rights in the use of the property th enjoyed by other similarly situated properties, but which rights property for which the Site Plan or Permit expires. 2. The Board of Adjustment may reverse or affirm, in whole or i Oil and Gas Inspector's order, requirement, decision or determin appeal is taken and make the correct order, requirement, decisio from which an appeal is taken and make the correct order, requir determination. The Board of Adjustment may issue a variance to t the criteria referenced in Subsection A.1.b., and may grant a sp the criteria referenced in A.1.c. Any action under this subsect three-fourths majority vote of the entire Board of Adjustment. 3. Any Operator aggrieved by any decision of the Board of Adjus court of record a petition, duly verified, stating that such dec or in part, and specifying the grounds of the alleged illegality. Such petition shall be presented within ten days after the date on which the decision o Adjustment was rendered and not thereafter, and judicial review be pursuant to Texas Local Government Code, § 211.011, as amende B. Watershed Permit Appeals. 1.The applicant may appeal the denial or conditional approval of Protection Permit on grounds pertaining to the standards in Subs 35.22.5.A.6 and 35.22.5.A.8 to the Planning and Zoning Commission within ten (10) calen days of the decision by the DRC. In deciding the appeal, the Pl Commission shall decide the appeal based upon the standards ma permit by Subsection 35.22.5.A.6 and 35.22.5.A.8. 2.The applicant may file a petition for review pursuant to Subse 35.22.5.A.6 and 35.22.5.A.8 on grounds therein specified to the City Council within ten days of the decision by the Planning and Zoning Commission. The decide the petition based upon the criteria in Subsection 35.22.5.A.6 and 35.22.5.A.8. C. Preemption Appeal. 1.. The regulation of gas well drilling and production in this s Purpose potentially overlaps with regulation of gas well drilling and pr Texas and the United States of America. The purpose of this sec 48 Operators the opportunity to demonstrate to the City that one or procedures contained in this subchapter are preempted by state o 2.. An Operator who is aggrieved by the promulgation or Petition Contents application of the standards or procedures in this subchapter an or more such standards or procedures are preempted by state or f submit a petition to the Oil and Gas Well Inspector explaining t bases upon which the Operator relies to support his contention t subchapter is preempted. The petition shall be accompanied by an waiver of any statutory time periods or time periods established review of any filed applications which are the subject of the pe shall include, at a minimum, the following: a. The name, mailing address, phone number and fax number of th person's duly authorized agent); b. Identification of all property owned or under the control of affected by the preemption claim; c. Identification of the permit applications for which the appl this section; d. Identification of all regulations in this subchapter that th not apply to the project due to preemption of the subject matter law; e. For each regulation in this subchapter that is the subject o preemption claim, specification of the state or federal law, sta administrative rule or order that allegedly preempts the regulat an explanation of why such law, standard, administrative rule or the regulation. 3. Procedure and Decision. The Oil and Gas Inspector shall first determine whether the appl to DDC section 35.16.8. Once the application has been determine complete, the Director shall forward the preemption petition, to supporting information or documentation, to the City Manager and respective reviews. Prior to rendering his final determination a pre-determination conference with the petitioner to discuss th ensure that the nature of the claim is fully and completely unde The City Manager, after consultation with the City Attorney, sha administrative determination that grants the relief requested in part, or denies the requested relief in whole or in part within is complete. The City Manager’s determination shall include a s the decision, and shall identify the regulations that are preemp to the petitioner’s permit application(s) for approval under thi 49 Manager may also recommend to the City Council that one or more this subchapter should be repealed or modified so as to avoid ot 35.22.17. - Remedies of the City. A. If an Operator (or its officers, employees, agents, contracto representatives) fails to comply with any requirement of a Gas W any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil and Gas Inspector may, in connection with or separate from 35.2 to the operator specifying the nature of the alleged failure and reasonable time to cure, taking into consideration the nature an failure, the extent of the efforts required to cure, and the pot safety, and welfare of the community. The Operator shall respon forty-eight (48) hours and indicate how the violation(s) shall b however, shall the cure period be less than thirty (30) days unl presents a risk of imminent destruction of property or injury to alleged failure involves the operator's failure to provide perio Marshal or Oil and Gas Inspector may issue a Stop Work Order und B. If the Operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oi notify the RRC and request that the RRC take appropriate action notice provided to the operator), and the City may pursue any ot C. If the operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector recommendation of the Health and Building Standards Commission 1. Recommend to the City Council that the Gas Well Permit be sus alleged failure is cured; or, 2. Recommend to the City Council that the Gas Well Permit be rev suspension the Operator does not cure the alleged failure. D. The decision of the Fire Marshal and/or Oil and Gas Inspector or revocation of a Gas Well Permit shall be provided to the Oper ten (10) days before any action by the City Council unless the a risk of imminent destruction of property or injury to persons. E. If a Gas Well Permit is revoked, the Operator may submit info Well Inspector evidencing that the alleged failure resulting in Well Permit have been corrected, and an application for a new Ga submitted for the same well. 35.22.18. - Enforcements, Right of Entry. 50 A. The Fire Marshal and the Oil and Gas Inspector are authorized this Subchapter and the provisions of any Gas Well Permit. Whene enforce any provision of this Subchapter or a Gas Well Permit, o reasonable cause to believe there has been a violation of this S Permit, the Fire Marshal or Oil and Gas Inspector, may enter upo by this Subchapter or a Gas Well Permit at any reasonable time t duty imposed by this Subchapter. If entry is refused, the City s remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the 1. Engage in any activity not permitted by the terms of a Gas We this Subchapter; 2. Fail to comply with any conditions set forth in a Gas Well Pe Subchapter; or 3. Violate any provision or requirement set forth under this Sub C. The enforcement and penalty provision under Subsection 35.1.1 violation of this Subchapter. D. The Fire Marshal or Oil and Gas Inspector is authorized to is court for violations of this Subchapter or Gas Well Permit. E. The City may also notify the EPA, TCEQ, RRC or other applicab agency in connection with violations of this Subchapter. 51 2.docx s:\planning\cc related\year 2013\01- jan\01.08.13\staff reports\dca12-0005 subchapter 22\dca12-0005 subchapter 22_exhibit Exhibit 2 Clean Ordinance Version 35.22.1. - Purpose, Authority and Applicability. A.. The drilling and production of gas and the development of gas Purpose within the corporate limits of the City necessitate promulgation to prevent devaluation of property; to protect watersheds; to pr groundwater resources that actually or potentially threaten the proximity to drilling and production activities; to prevent or of gases that potentially threaten the health of nearby resident injury to persons and property; to ensure that gas well drillin are compatible with adjacent land uses throughout the duration o assure that such activities conform to The Denton Plan. The regu Subchapter are designed to protect the health, safety, and gener and to assure that the orderly and practical development of mine compatible with the quiet enjoyment of affected surface estates. contained in this Subchapter are designed to implement the purpo subsection and are supported by the following findings of fact: 1.Gas well drilling and production activities create externaliti the health, safety and general welfare of persons residing or wo proximity to such operations. 2.Gas well drilling and production activities, in the absence of may generate noxious aerial emissions, introduce contaminants in emit high noise levels, produce large volumes of dust, congest l fire hazards and produce other deleterious effects, all of which on adjacent land uses, and which can result individually or cumu persons and destabilization of property values in the vicinity o 3.The City of Denton recognizes that the United States and the S gas well drilling and production activities for the purpose of i quality and water quality goals. The regulations in this Chapte supplement such standards in order to implement compatible local assure the health, safety and general welfare of the City’s resi B.. This Subchapter is adopted pursuant to authority vested under Authority constitution and laws of the United States, the State of Texas a Each authorization identified in this Subchapter shall be constr City's zoning powers, pursuant to the Denton City Charter, Texas Code Chapters 211 and 212 and the provisions of Subchapter 35.5 Development Code (DDC). C. The provisions of this Subchapter apply only within the corpora Applicability. of the City of Denton, except as otherwise stated in section 35. 35.22.2. - Definitions. All technical industry words or phrases related to the drilling specifically defined shall have the meanings customarily attribu operators in the gas industry. For the purposes of this Subchapt without regard to whether the defined terms are capitalized when context clearly indicates or requires a different meaning. An all-encompassing noise level associated with a given environ Ambient Noise Level. composite of sounds from all sources (excluding the noise in que approximate time at which a comparison with the noise in questio the ambient noise level constitutes the normal or existing level location. The ambient noise level is established by recording so the noise in question) over a continuous seventy-two (72) hours drilling. The seventy-two (72) hour time span shall include at l reading during either a Saturday or Sunday. A mechanical, hydraulic, or pneumatic apparatus, or combination Blowout Preventer (BOP). such apparati, that can be secured over top of an open wellbor that,, via remote actuators, can be actuated remotely in the ev situation arises. The primary function of the BOP is to shut th control of the formation fluids from blowing out of the well. A system that uses a combination of solids control equipment Closed-loop mud system. incorporated in a series of steel tanks that eliminates the use The reflection of either "Spud Well" or "Nipple Up" the Commencement of Drilling Activities. Blow Out Protectors (BOP) by the drilling contractor on the IADC Form maintained by the Operator's tool pusher on the pad site. . Any ignition device, installed horizontally or vertically, us Completion combustion device in exploration and production operations to combust otherwise ve completions. The date the work is completed for Completion of drilling, re-drilling and re-working. drilling, re-drilling, or re-working, and the crew is released b by its employer. Any substance capable of contaminating a non-related homogeneou Contaminant. fluid, gas or environment. The period from 7:00 a.m. to 7:00 p.m., Monday through Daytime. Friday; and from 8:00 a.m. to 5:00 p.m., Saturdays and Sundays. 2 . A well drilled in order to determine the boundary of a field Delineation well reservoir. Term used to typically describe the means by which the earth Drilling. pathway to formations containing hydrocarbons to allow for their can employ various types of mobilized drilling equipment to crea incorporating drilling fluids to cool the bit, to condition the most critically, to maintain an overbalanced pressure gradient a contained inherently pressurized well fluids. Drilling and Production Site (A/K/A Gas Well Park, Gas Well Pad The area dedicated to all gas well drilling or production act Production Area). including the drilling and production area , all structures, clo parking areas, security cameras, lighting, tanks, tank battery ( drilling rigs, separators, compressors, perimeter walls, utiliti contemplated for use during and after gas well drilling or produ the Gas Well Development Plat or Gas Well Development Site Plan. definition are gathering and transmission lines and compressor s The area used for drilling, completing, or re-working a well. Drill Site. A written document which includes a set of procedures Emergency Action Plan (EAP). intended to guide an organization’s response to an accident or e Geologic or geophysical activities, including, but not limited Exploration. seismic exploration, related to the search for oil, gas, or othe Natural gas extracted from a production well prior to entering Field Natural Gas. of processing, such as dehydration. The process of allowing fluids to flow from a natural gas well Flowback. either in preparation for a subsequent phase of treatment or in returning the well to production. The flowback period begins whe well during the treatment returns to the surface immediately fol refracturing. The flowback period ends with either well shut in continuously to the flow line or to a storage vessel for collect A private water well used by a protected use. Freshwater Well. Gas or natural gas, as such terms are used in the rules, regula Gas. Typically, a naturally-occurring gaseous substance primarily com light, gaseous hydrocarbons. A processing site engaged in the extraction of natural gas liq Gas Processing Facility. field natural gas, or the fractionation of mixed natural gas liq combination of both. 3 The phase that occurs after successful exploration, Gas Production (A/K/A Production). drilling and development involving operations including, but not dehydrators, separators, mud pits, ponds, tank batteries or asso during which hydrocarbons are extracted from the gas field, excl facilities as defined and regulated by the Pipeline Safety Act o 60137. Any well drilled for the production of gas or classified as a g Gas Well. Natural Resources Code. Any written license granted by the City of Denton for the explo Gas Well Permit. drilling, development, production, and operation of natural gas, regulations of this Subchapter. A Gas Well Permit is required f Structures suitable for human habitation or occupation for whic Habitable Structure. Certificate of Occupancy or Final Inspection Certificate is requ single or multi-family dwellings, accessory guest houses, hotels buildings, and enclosed buildings used for commercial or industr structure shall not include accessory buildings, barns, garages The hazardous materials management plan and Hazardous Materials Management Plan. hazardous materials inventory statements required by the Fire Co The process of directing pressurized fluids containing any com Hydraulic Fracturing. of water, proppant, and any added chemicals to penetrate tight f formations, that subsequently require high rate, extended flowba solids during completions. Conducting a subsequent hydraulic fracturing operation at a wel Hydraulic Refracturing. has previously undergone a hydraulic fracturing operation. A mechanized device that compresses gas prior to its introducti Lift Compressor. for use in lifting well liquids to the surface. An integrated system designed to ground metal equipment on a Lightning Protection System. rig, well pad or at a tank battery location for protection again due to lightning. An electrical or gas-powered-pumping device that increases the Line Compressor. natural gas so that its pressure exceeds that of the inherent line pressure of the pipe to which it is being introduced. In pit construction, a liner is an impervious material, either Liner. used to line the interior of a pit to prevent pit fluids from leaking or leaching into the environment. In well construction, a liner is a tubular sheath 4 purposes, such as isolating a particular zone, repairing casing the hole size, among others. . A well with reservoir pressure and vertical well depth such t Low pressure gas well times the reservoir pressure (in psia) minus 0.038 times the ver 67.578 psia is less than the flow line pressure at the sales met A well bore drilled from surface or new lateral wellbore drille New Well. vertical pilot hole at a depth different from other laterals in existing well that is purposefully deviated or “kicked-off” arou the initial hole. Not to be confused with recompletion. The period commencing at 7:00 p.m. and ending at 7:00 a.m., Mon Nighttime. Friday and from 5:00 p.m. to 8:00 a.m., Saturdays and Sundays. The process of assembling well-control or pressure-control equi Nipple Up. wellhead. An inspector designated by the City of Denton that is Oil and Gas Inspector or Inspector. responsible for evaluating the impacts of exploration, developme gas wells. Responsibilities include environmentally sensitive ar inspection, monitoring, and evaluating compliance with federal, Also responsible for processing and approving Gas Well Developme Development Site Plan and Gas Well Permit applications. The person(s) in charge and in control of drilling, maintainin Operator. or controlling any well or pipeline including without limitation A person familiar with and educated in the oil and gas industry Petroleum Specialist. been retained by the City. A temporary or permanent containment for circulated fluids. A Pit. Completion/Workover pit: Pit used for storage or disposal of sp workover fluids and drilling fluid, silt, debris, water, brine, materials which have been cleaned out of the wellbore of a well worked over. Drilling fluid disposal pit: Pit, other than a reserve pit, use fluid. Fresh makeup water pit: Pit used in conjunction with drilling r used to make up drilling fluid. 5 Mud circulation pit: Pit used in conjunction with drilling rig currently being used in drilling operations. Reserve pit: Pit used in conjunction with drilling rig for coll cuttings, sands, and silts; and wash water used for cleaning dri at the well site. Reserve pits are sometimes referred to as slus Saltwater disposal pit: Pit used for disposal of produced saltwater. Washout pit: Pit located at a truck yard, tank yard, or disposa disposal of oil and gas waste residue washed out of trucks, mobi tanks. Water Condensate pit: Pit used in conjunction with a gas pipeli station for storage or disposal of fresh water condensed from na “Plugging” as defined by the RRC and includes the plugging of Plugging and Abandonment. the well, abandoned, orphaned or otherwise, and restoration of t as required by this Subchapter. Any dwelling, church, public park, public library, hospital, p Protected Use. kindergarten or elementary, middle or high school, public pool, center, public recreation center, hotel or motel. The Railroad Commission of Texas. Railroad Commission (RRC). A well completion following fracturing or refracturing where Reduced emissions completion. gas flowback that is otherwise vented is captured, cleaned, and collection system, re-injected into the well or another well, us for other useful purpose that a purchased fuel or raw material w to the atmosphere. Re-completion or re-entry of an existing well within the existi Re-working. deepening or sidetrack operations which do not extend more than from the existing well bore, or replacement of well liners or ca means the prior approval by ordinance of City Council, of one o Site-specific authorization more specifically located and defined gas well site locations, s development, regulatory and permitting requirements, as set fort within the site approval ordinance (or both), as applicable. The first time the drill bit enters the ground for gas well dri Spud. A natural or man-made container, covered or uncovered, in which Tank. liquids or hydrocarbons used or produced in conjunction with the production operations of an oil or gas well. 6 Such person(s) familiar with and educated in the oil and gas in Technical advisor. law as it relates to oil and gas matters who may be retained fro Denton. A hole or bore drilled to any horizon, formation, or strata for Well. natural gas, or liquid hydrocarbons. The process that allows for the flowback of petroleum or natur Well completion. newly drilled wells to expel drilling and reservoir fluids and t characteristics, which may vent produced hydrocarbons to the atm tank. . Any well completion with fracturing or refracturing occurring Well completion operation gas well affected facility. A well outside known fields or the first well drilled in an oil Wildcat well. other oil and gas production exists. Work performed on a well after its initial completion to secure Workover Operation. production where there has been none, to restore production that has ceased, or to enhance or increase production within the zone originally completed. 35.22.3. - Zoning District Classifications for Gas Well Drilling A.The drilling and production of gas within the corporate limits of the City shall be permitted by right within the Rural Residential (RD-5) or within City that is subject to the use regulations of the RD-5 District Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (N Center Commercial Neighborhood (RCC-N), Regional Center Commerci (RCC-D), Employment Center Commercial (EC-C), Employment Center I), Industrial Center Employment (IC-E) and Industrial Center Ge Districts, except as provided in subsection B, and subject to co requirements of this Subchapter. B.The drilling and production of gas within the corporate limits zoning districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6, or through approval of a Detailed Plan in a Planned Develo site-specific authorization in Master Planned Community (MPC) district. Notwithstanding the provisions of Subsection A, approval of a Sp shall be required for gas well drilling and production on any la year flood fringe or within one thousand, two hundred (1,200) f elevation of Lake Ray Roberts or Lake Lewisville. 1.An application for a Specific Use Permit, or site-specific aut development district (PD) or master planned community district ( 7 drilling and production of a gas well shall be filed by the pers authority to do so. That person is presumed to be the record own the duly authorized agent of either the record owner or the mine Director of Planning and Development may require an applicant to information of authority to file an application. 2. The Chairman of the DRC has the authority to establish requir in the Application Criteria Manual. No application shall be accepted for filing until it is complete and the fee established by the City Council of the C been paid. Incomplete applications shall be returned less a fee determined by the Director of Planning and Development. 3.Approval of a SUP, a detailed plan in a PD District or site-sp MPC district, shall be conditioned on compliance with the requir Subchapter. 35.22.4. - Required Authorization for Gas Well Drilling and Prod A. No gas well drilling or production activities may commence wi the following authorizations have been obtained, in the followin 1. Approval of a Specific Use Permit, where required by Section a Detailed Plan in a PD district, or site-specific authorization 2. Approval of a Watershed Protection Permit, where location of production activities is proposed on land in the flood fringe or Sensitive Area (ESA), subject to the application requirements an Section 35.22.5.A.8; 3. Approval of a Gas Well Development Site Plan, subject to the requirements and standards of Section 35.22.6; and 4.Approval of a Gas Well Permit, subject to the application requ of Section 35.22.7. B. An application for any authorization for gas well drilling an Subsection A may be submitted simultaneously with any other list applications must be approved in the numerical order listed. No shall be determined to be complete and hereby is deemed to be in required prior applications have been approved, and no completen be made until such prior applications have been approved. C. Approved applications for gas well drilling and production sh following circumstances: 8 1. A Specific Use Permit, or site-specific authorization in a P expires according to its terms; 2. A Watershed Protection Permit expires with the expiration of Development Site Plan. 3. A Gas Well Development Site Plan expires unless a complete ap Well Permit has been filed within one (1) years of the date of a plan. 4. A Gas Well Permit expires if gas well drilling activities hav six (6) months of the date of approval of the Gas Well Permit. 5.The expiration of any subsequent application results in the expiration of all prior approved applications for the same activity. D.Approved applications for gas well drilling and production may expiration. Following expiration of an approved application for production, a new application must be submitted, which shall be standards and procedures then in effect. E. The authorizations required by this Subchapter are in additio permits that may be required by any other provision of the Dento other government agency. F. Legal Non-Conformity; Exceptions. The provisions of Subchapter 11 are applicable to gas well drill 1. activities. For purposes of Subchapter 11, the drilling of a ne associated production activities do not constitute an existing u Drilling and Production Site that has been annexed into the City Drilling and Production Site within 30 days of the effective dat Unless the City determines that an exemption provided under Texa 2. Government Code, Section 245.004 or successor statute applies to the standards and procedures in DDC Subchapters 35.16, 35.22 and Texas Local Government Code, Chapter 245 otherwise is inapplicab gas well drilling and production, such standards or procedures, necessary to give effect to this subsection F, do not apply to the authorizations identified in subsection 35.22.4.A, if, on the effective date of ordinance, the following circumstances existed: a. For a specific use permit, an application was pending on the amendatory ordinance; or 9 b. For a detailed plan for a PD district created on or after Apr application for the detailed plan was pending on the effective d amendatory ordinance; or c. For a detailed plan for a PD district created on or after Apr the effective date of the amendatory ordinance, an application for the detailed plan submitted after the effective date of the amendatory ordina to a conceptual plan for development approved with the ordinance the PD district that identifies the location and the nature and activities to be developed on land designated for future gas wel production; or d. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was effective date of the amendatory ordinance; or e. For a Gas Well Development Site Plan or Gas Well Development any associated Watershed Protection Permits), an application was the effective date of the amendatory ordinance for a Drilling an that was the subject of: (1) a specific use permit approved or p effective date of the amendatory ordinance; or (2) a detailed pl created on or after April 27, 2005, but before the effective dat ordinance, that identifies the location and the nature and extent of the activities to be developed on land designated for future gas well drilling or an MPC district created on or after April 27, 2005, but before t the amendatory ordinance, that identifies the location and the n the activities to be developed on land designated for future gas production. f. For a Gas Well Permit, an application was pending on the effe amendatory ordinance; or g. For a Gas Well Permit, an application was submitted after the amendatory ordinance pursuant to a Gas Well Development Site Pla Development Plat approved or pending on the effective date of th ordinance that identifies the Drilling and Production Site to wh applies. 3. Authorizations or applications excepted under this subsection well drilling and production standards in effect immediately pri of the amendatory ordinance, and to any standards effected by th ordinance which the City determines to be exempt from the applic Local Government Code Chapter 245. 4. To the extent that any exception provided under this subsecti application pending on the effective date of an amendatory ordin application must have been approved subsequently in order for th apply. 10 5. Any person who has been denied an exception under Subsecti pending applications, or who otherwise claims that he has obtai pursuant to Texas Local Government Code, Chapter 245 or other ap law for such applications, may request a determination pursuant the DDC. 35.22.5. - Standards for Gas Well Drilling and Production. A. The drilling and production of gas wells within the City limi following standards. 1. The following requirements apply only within City limits. Separation standards. a. No Drilling and Production Site may be located within one tho of any Protected Use, or freshwater well currently in use at the application for a Gas Well Development Site Plan is filed, or wi (1,000) feet of any lot within a previously platted residential one (1) or more lots have one (1) or more habitable structures. b. Except where more stringent separation distances are specifie separation distance between a Drilling and Production Site and a structures other than those listed in 35.22.5.A.1.a, shall be fi c. The minimum separation requirement established in 35.22.5.A.1 reduced via the granting of a variance by the Zoning Board of Ad that the Zoning Board of Adjustment shall not reduce the minimum distance any less than five hundred (500) feet. d. Notwithstanding any other provision of this subsection, a Pro within a previously platted residential subdivision where one (1 one (1) or more habitable structures may be located as close as (250) feet of a pre-existing Drilling and Production Site, provi Protected Use is not served by a freshwater well that is located thousand (1,000) feet of the drilling and production area. e. Separation distances shall be measured from the boundary of t Production Site identified on the Gas Well Development Site Pl line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwate use at the time a complete application for a gas well developmen filed, or the closest lot line of any undeveloped lot within a p residential subdivision where one (1) or more lots have one (1) 2. The following requirements apply only within City limits. On-site requirements. 11 a. An entrance gate shall be required. Street lighting shall be Section 26-76 of the Utility Code of the Code of the City of Den sign identifying the entrance to the drill site or operation site shall be reflective. b. Fencing, buffering, landscaping and screening shall be requir Production Sites. All required fencing, landscaping, buffering be installed in accordance with the approved Landscape Plan with and eighty (180) days after initial drilling of the first approv Operator decide to fence in gathering and transmission lines or stations, or both, Operator shall install the fencing in accorda the DDC. c. No refining process, or any process for the extraction of pro be carried on at a Drilling and Production Site, except that a d separator may be maintained on a Drilling and Production Site fo of liquids from gas. Any such dehydrator or separator may serve well. Gas Processing Facilities shall require a Specific Use Per d. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOW in both English and Spanish, in a minimum of four-inch lettering at the entrance of each Drilling and Production Site. The sign s development or operating company that is currently responsible f plat or site plan, the RRC Well Identification Number and the Am Petroleum Institute number for the well, the phone number for em services (911), the number for the operator, and any other well required by the RRC in two-inch lettering. e. No person shall place, deposit, or discharge (or cause or al deposited, or discharged) any oil, naphtha, petroleum, diesel, g tar, hydrocarbon substance, or any refuse, including wastewater any gas operation or the contents of any container used in conne operation in, into, or upon any public right-of-way, storm drain sanitary drain or sewer, any body of water, or any private prope corporate limits of the City of Denton. f. All installed, mounted, and/or permanent equipment on Drillin Sites shall be coated, painted, and maintained at all times, inc gas processing units, pumping units, storage tanks, above-ground appurtenances, buildings, and structures, in accordance with app adopted by The Society for Protective Coatings (SSPC). In addit following standards are applicable: i. Protective coatings and paints shall comply with any applicable State or City requirements. In absence of any such requirement, protective co paints shall be of a neutral color that is compatible with the s environment. 12 ii. All exposed surfaces of the identified equipment must be coa and free from rust, blisters, stains, or other defects. g. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding areas or subdivisi h. All fire suppression and prevention equipment required by any state, or local law shall be provided by the Operator, at the Op maintenance and upkeep of such equipment shall be the responsibi Operator. i. No Operator shall excavate or construct any lines for the con water, or minerals on, under, or through the streets or alleys o City without an easement or right-of-way license from the City, agreed upon, and then only in strict compliance with this Subcha ordinances of the City, and with the specifications established Department. j. The digging up, breaking, excavating, tunneling, undermining, damaging of any public street or leaving upon any public street materials is prohibited. Construction activities or deposition o objects creating an obstruction within limits of public right-of are prohibited unless the Operator has first obtained written ap Engineering Department and, if applicable, has filed a right-of- agreement, and then only if in compliance with specifications es Department. k. No Gas Well Permit shall be issued for any well to be drilled streets or alleys of the City and/or streets or alleys shown by 1999-2020 and no street shall be blocked or encumbered or closed exploration, drilling, or production activities unless prior con the City Manager, and then only temporarily. l. All pits shall be lined and shall be designed, constructed, a accordance with the liner standards set forth by the RRC. Any n Production Sites proposed after December 18, 2012 shall utilize mud system. m. Any Drilling and Production Sites shall be screened with an o masonry fence that shall be no less than eight (8) feet in heigh i. In lieu of this requirement, an alternative fence that is co surrounding the Drilling and/or Production Site may be approved Director of Planning and Development. 13 ii. Required fencing must be located within three hundred (300) equipment necessitating fencing requirements under this Subchapt n. Vapor Recovery Units. i. Vapor recovery equipment is required for facilities not inclu Rule§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; successor regulation. ii. An Operator shall notify the Oil and Gas Inspector within tw the first sale of gas from a well. o. Any lift compressor which is installed within an approved Dr Site shall be located at least twenty-four (24) feet from the ou site. p. Commencing on the December 18, 2012, except as provided in s of this section, for each well completion operation with hydraul i. For the duration of flowback, recovered liquids shall be rout more storage vessels or re-injected into the well or another wel recovered gas shall be routed into a gas flow line or collection injected into the well or another well, used as an on-site fuel for another useful purpose that a purchased fuel or raw material with no direct release to the atmosphere. If this is infeasible, the requirements in sub-paragraph (iii) of this paragraph shall be followed. ii. All salable quality gas shall be routed to the gas flow line practicable. In cases where flowback emissions cannot be directe line, the requirements in sub-paragraph (iii) of this section sh iii. Flowback emissions shall be captured and directed to a comp combustion device, except in conditions that may result in a fir explosion, or where high heat emissions from a completion combus may negatively impact waterways. Completion combustion devices m equipped with a reliable continuous ignition source over the dur flowback. iv. Releases to the atmosphere during flowback and subsequent re minimized. v. The requirements of sub-paragraphs (i) and (ii) shall not app 1. Each well completion operation with hydraulic fracturing at meeting the criteria for wildcat or delineation well. 14 2. Each well completion operation with hydraulic fracturing at meeting the criteria for non-wildcat low pressure gas well or no delineation low pressure gas well. q. Soil sampling: Pre- and post-drilling; periodic soil sampli be required for all new Drilling and Production Sites. Soil sam subject to the following requirements: i.Upon application for an Oil and Gas Well Permit, soil sampling conducted prior to the commencement of any drilling at the propo and Production Site to establish a baseline study of site condit minimum of one soil sample shall be taken at the location of any equipment to be utilized at the Drilling and Production Site to existing conditions at the Drilling and Production Site. ii.A licensed third party consultant shall be utilized to collec pre-drilling and post-drilling soil analyses. The cost of such be borne by the Operator. iii.Soil samples must be collected and analyzed utilizing proper laboratory protocol from a United States Environmental Protectio Texas Commission on Environmental Quality approved laboratory. results of the analyses will be addressed to the City and a copy shall be provided to the Operator and surface estate owner. The include the following analyses at a minimum: TPH, VOCs, SVOCs, Barium, Chromium and Ethylene Glycol. iv.Post-drilling soil samples shall be collected and analyzed af of drilling of each well. Subsequent to the drilling of each wel samples shall be taken as determined by the Oil and Gas Inspecto inspection events to document soil quality data at the Drilling Site. Samples shall include, but not be limited to, areas where equipment was located. Results of the analyses shall be provide in Subsection A.2.q.iii. v.Whenever abandonment occurs pursuant to the requirements of th as referenced in 35.22.5.A.6.k, the Operator so abandoning shall production soil sampling within three (3) days after equipment h removed from the Drilling and Production Site to document that t conditions are within regulatory requirements. Results of the a provided as described in Subsection A.2.q.iii. vi.If any soil sample results reveal contamination levels that exceed the minimum state or federal regulatory levels, the City shall submi sample results to the appropriate state or federal regulatory ag enforcement. 15 r. Any rubbish or debris that might constitute a fire hazard sh distance of at least 150 feet from the vicinity of any well, tan s. An Operator shall not maintain or use any pit for storage of oil field fluids, or for storage or disposal of oil and gas wast 3.The following requirements Operations and equipment practices and standards. apply only within City limits. a. Adequate nuisance prevention measures shall be taken to preve offensive odor, fumes, dust, noise and vibration. b. Directional lighting shall be provided for the safety of gas completion and production operations and shall be installed and fashion designed to disturb adjacent developments in the least c. The Operator shall at all times comply with the applicable ru the RRC including but not limited to all applicable Field Rules. d. To address noise concerns, only electric motors shall be used drilling, transferring or blending chemicals, compressing gas, l wells, The Oil and Gas Inspector may approve the use of an alter produces lower noise levels than an electric motor. e. There shall be no venting or flaring of gases in residential by the RRC or TCEQ. If venting or flaring is allowed by the RRC activities shall not be located closer than one thousand (1,000) protected use, unless: (1) a setback variance has been granted p or (2) if practical and if approved by the City Fire Marshal, gr wholly enclosed or screened with a masonry wall. . f. Vehicles, equipment, and machinery shall not be placed or loc and Production Site (or on any public street, alley, driveway, o of-way) in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Only Light Sand Fracture Technology or fracture stimulations RRC shall be used to fracture stimulate a well. h. Fracing operation shall be scheduled to occur during daylight Operator has notified the Oil and Gas Inspector that fracing will occur before or after daylight hours to meet safety requirements. i.Pneumatic drilling shall not be permitted. 16 j. Any notices required herein shall be made pursuant to Subsect k. Except in the case of an emergency, gas well flaring shall on during day-time hours. 4. The following requirements apply only within City Storage tanks and separators. limits. a. An Operator is allowed to construct, use, and operate such st separation equipment as shown on the approved Gas Well Develop Plan, except that permanent storage equipment and separation equ exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well Development Site Plan. c. No Drilling and Production Site is allowed in the FEMA design (100) year floodway. A Drilling and Production Site is allowed w thousand two hundred (1,200) feet of the flood pool elevation of Roberts or Lake Lewisville with an approved Specific Use Permit. d. No storage tanks or separation facilities shall be placed in other ESA except in accordance with Subsection 35.22.5A.8. . 5. Flow lines and gathering lines. a. Each Operator shall place pipeline marker sign at each point gathering line crosses a public street or road. b. Each Operator shall place a warning sign for lines carrying H Sulfide) gas as required by the Railroad Commission. c. All flow lines and gathering lines within the corporate limits of the City (excluding City utility lines and franchise distribution systems transport oil, gas, and/or water shall be limited to the maximum operating pressure applicable to the pipes installed and shall b least the minimum cover or backfill specified by the American Na Institute Code, as amended. 6. The provisions of this section Additional safety and environmental requirements. shall apply within the corporate limits of the City of Denton. a. The drilling and production of gas and accessing the Drilling shall be in compliance with all state and federal environmental gas well development or activity is allowed in the FEMA designat (100) year floodway. Drilling within Flood Fringe or other ESA s 17 Map adopted by the City is allowed under the restrictions set fo 35.22.5A.8. . b. Erosion and sediment control practices shall be conducted for Operator shall comply with the Erosion and Sediment Control Plan by the City. c. As an exception to 35.22.5.A.6.a. or a Specific Use Permit re gas wells may have a target location or bottom-hole location tha floodway, an ESA or within one thousand two hundred (1,200) fee pool elevation of lake Ray Roberts or Lake Lewisville when the g directionally from a location outside such areas. d. Each well shall be equipped with an automated valve that clos event of an abnormal change in operating pressure. All wellheads emergency shut off valve to the well distribution line. e. Each storage tank shall be equipped with a level control devi automatically activate a valve to close the well in the event of accumulation in the tank. f. All storage tanks shall be anchored for stability. g. All storage tanks shall be equipped with either steel or conc containment systems including lining with an impervious material containment system shall be of a sufficient height to contain on (1½) times the contents of the largest tank in accordance with t pots shall be provided at pump out connections to contain the li storage tank. h. Outside storage areas shall be equipped with a secondary cont designed to contain a spill from the largest individual vessel. rainfall, secondary containment shall be designed to include the twenty-four (24)-hour rainfall as determined by a twenty-five (2 provisions shall be made to drain accumulations of ground water i. Drilling and Production Sites shall be equipped with a ligh system, in accordance with the City’s Fire Code and the National Association’s NFPA-780. In addition, tank battery facilities sh with a remote foam line and a lightning arrestor system. j. A Hazardous Materials Management Plan shall be on file with t Any updates or changes to this plan shall be provided to the Fir three (3) working days of the change. All chemicals and/or hazar shall be stored in such a manner as to prevent, contain, and fac remediation and cleanup of any accidental spill, leak, or discha 18 material. Operator shall have all material safety data sheets (M hazardous materials on site. All applicable federal and state re requirements for the proper labeling of containers shall be foll pollution prevention actions shall be required and include, but chemical and materials raised from the ground (e.g., wooden pall storage, installation and maintenance of secondary containment s protection from storm water and weather elements. k. All wells shall be plugged and abandoned in accordance with t RRC; however, all well casings shall be cut and removed to a dep (10) feet below the surface unless the surface owner submits a w otherwise. Three (3) feet shall be the minimum depth. In additi shall: i. Submit a copy of its RRC Form W-3A (Notice of Intention to Abandon) and Form W-3 (Plugging Record) to the Inspector within business days of filing with the RRC; ii. Notify the Oil and Gas Inspector of the intention to plug a at least twenty-four (24) hour prior to commencing activities; a iii. Submit to the Oil and Gas Inspector the surface hole locati acceptable Geographic Information System (GIS) format to accurat and track well locations. The GIS data may be submitted with an Well Permit application or with the annual administrative report of GIS location data is only required once. iv. Submit a copy of a soil sampling analysis as required by Sub 35.22.5.A.2.q. l. Operators must close each Drilling and Production Site in a m minimizes the need for care after closure. To achieve this requ shall be reclaimed to the condition identified on the Site Recla nearly as practicable. In the event development encroaches up t after drilling and production activities, a reasonable rehabilit be approved by the City to ensure the reclaimed site is compatib surrounding properties. m. No gas well drill sites shall be allowed on slopes greater th n. No Class II injection wells shall be located within the City o. No gas well permit will be issued for any well where the Dril Site is located within one thousand (1,000) feet of an existing unless a variance, or consent from neighboring property owners, obtained per 35.22.5.A.1. 19 p. Pits shall always be operated with a minimum of at least two above the contents within it. q. For safety reasons, fencing shall be installed to restrict ac other type of open pit utilized in gas well drilling operation a the corporate limits of the City. r. Drip pans, catchment basins and other secondary containment d absorbing materials shall be placed or installed underneath all pumps, lubricating oil systems, engines, fuel and chemical stora valves, connections, and any other areas or structures that coul discharge, or otherwise spill hazardous or solid materials. . s. After the well has been completed, or plugged and abandoned, clean and repair all damage to public property caused by such op thirty (30) days. t. After any spill, leak or discharge, the Operator shall remove removed all contamination and associated waste materials. Clean- shall begin immediately. u. The Drilling and Production Site and site access road shall a free of debris, pools of water or other liquids, contaminated so trash or other waste material outside the Drilling and Productio v. All pits associated with Drilling and Production Sites shall requirements. i. The type of pit used in drilling operations shall be specifie permitting. The Oil and Gas Inspector may perform a contaminatio assessment for any reserve pit, completion/work-over pit, drilli disposal pit, fresh makeup water pit, mud circulation pit, washo condensate pit. The following concentrations for contaminants wi determine if contamination exists within any materials in the pi Compound Concentration limit TPH15 mg/L BTEX500 µg/L 20 Benzene50 µg/L From 30TAC 321.131.138 If concentrations exceeding these values are detected, the opera remove, cause to be removed, or otherwise remediate contaminants the limits provided herein. Cleanup operations shall begin immed Cleanup activities that do not begin within twenty-four (24) hou notification by the oil and gas inspector shall be considered a Subchapter. ii. Only freshwater-based mud systems shall be permitted. Saltwater-based mud systems and oil-based mud systems are prohibited. iii. Chloride content of fluids held in pits may not exceed thre milligrams per liter. iv. No metal additives may be added to any drilling fluids. v. All fluid produced from the well during completion of product held in enclosed containers while stored on the property. vi. All fluids shall be removed ("de-watering") from the pits wi days of completion of drilling operations. vii. The pit and its contents shall be removed from the premises days after completion of the drilling of a well; provided, howev permittee may apply for a ninety (90)-day extension from such re based on showing of good cause, necessity to maintain said pit, weather, or other factors. The City may designate a period of ti the ninety (90)-day extension set out herein. w. All pits shall be backfilled in accordance with the following Director of Planning and Development may grant permission for a the site if the surface property owner submits a written request i. Reserve pits and mud circulation pits shall be dewatered wi and backfilled and compacted within ninety (90) days of cessatio drilling activities. ii. All completion/workover pits used when completing a well sh dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of well completion. 21 iii. All completion/workover pits used when working over a well dewatered within thirty (30) days and backfilled and compacted w one hundred and twenty (120) days of completion of re-work opera iv. Basic sediment pits, flare pits, fresh mining water pits, a condensate pits shall be dewatered, backfilled, and compacted wi hundred and twenty (120) days of final cessation of use of the p x. Each operator must submit to the City a water conservation pl The plan must provide information in response to each of the fol i. A description of the use of the water in the production proce the water is diverted and transported from the source(s) of supp water is utilized in the production process, and the estimated q consumed in the production process and therefore unavailable for discharge, or other means of disposal; ii. If long-term, five (5) to ten (10) years, water storage is a five-year and ten-year targets for water savings and the basis f development of such goals; iii. A description of the device(s) and/or method(s) within an a minus 5.0% to be used in order to measure and account for the am water diverted from the source of supply; iv. Leak-detection, repair, and accounting for water loss in the system; v. Application of state-of-the-art equipment and/or process modi improve water use efficiency; and vi. Any other water conservation practice, method, or technique shows to be appropriate for achieving the stated goal or goals o conservation plan. y. No gas well drilling and production shall be permitted withi (1,200) feet of the flood pool elevation of Lake Ray Roberts or unless the Operator first obtains a SUP. 7. Supplemental drilling. a. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the conditions for the applicable S or underlying zoning classification that permits gas development operator shall provide the Oil and Gas Inspector a copy of addit that allow drilling to a deeper depth. 22 b. Supplemental drilling to deepen or directional drill an exist conducted in accordance with the approved Gas Well Permit for th with the City. 8. Watershed Protection Requirements for Wells located in Flood ESA's. The standards in this subsection are adopted pursuant to the aut Texas Local Government Code, Section 551.002 and are intended to adverse impacts on areas within the Flood Fringe or ESA, reduce lessen the potential for contaminating surface water or any wate a. The provisions of 35.22.5A.6 and 35.22.5A.8 shall apply to a Drilling and .. Production Site required to have a Watershed Protection Permit w corporate limits of the City of Denton. The provisions of 35.2 to a Drilling and Production Site required to have a Watershed P located within the corporate limits of the City of Denton or wit City of Denton. b. Drilling and Production Sites shall be located outside ESAs w to minimize adverse impacts on these areas, reduce flood damage, potential for contaminating surface water or any water supply. c. Prior to location of any gas well in the Flood Fringe or ESA, or applicant shall first obtain approval of an application that the Application Criteria Manual for a Watershed Protection Permi comply with the provisions of 35.22.5. d. A Watershed Protection Permit containing an ESA assessment of Production Site shall be approved by the Department of Environme i.For all ESAs prior to the approval of a Gas Well Development 1. If a riparian buffer is designated as "fair" to "excellent" designated protective stream buffer width as specified in Subcha the Denton Development Code shall apply, and no encroachments sh allowed. 2. Within all areas except unstudied floodplains, if the stream as a "poor" ESA, the designated width of the protective stream b `shall be decreased by either fifty (50) percent or to the limit floodway whichever is greater, but in no instance shall the prot stream buffer width be decreased below twenty-five (25) feet mea each direction from the centerline of the existing channel. 23 ii. For all flood fringe ESAs prior to the approval of a Gas Wel Site Plan or Plat. e. Tree mitigation for gas wells located in an ESA shall be requ calculated on a one to one replacement value for one hundred (10 dbh of trees removed from the Drilling and Production Site. Tree be accomplished by planting replacement trees, within a floodpla site with similar tree species or by payment into a Tree Mitigat Mitigation Funds that are specific to ESA's will be kept separat Mitigation Funds and will only be used to either acquire wooded riparian property that remains in a naturalistic state in perpetuity, or to purchase conservation easements within riparian or floodplain areas. Fund purchase, plant, and maintain trees on public property, as long property is within a riparian area or floodplain. f. The Watershed Protection Permit application shall contain the information and such information as may be required by the Devel Committee which is reasonably necessary to review and determine proposed development and required facilities meet the requiremen Subchapter and as required by the Application Criteria Manual. T that is required for the Watershed Protection Permit shall inclu limited to: i.A Tree Inventory Plan shall show the location of ESAs on any p Drilling and Production Site. ii. Any request to remove tree(s) shall be accompanied by a lett certified geologist or engineer that indicates why the well site located to avoid the trees. If Operator has chosen to pay into Mitigation Fund, such funds shall be paid prior to final approva and Production Site within an ESA. iii. Show location of ESAs on proposed Drilling and Production S g. Only one (1) well head may be placed in the Flood Fringe or E following conditions: i. Storage tanks or separation facilities shall be constructed (18) inches above the established Base Flood elevation plus the depth for encroachment to the limits of the floodway having a on chance of being equaled or exceeded in any year. ii. A hydrologic and hydraulic engineering study shall be perfor Registered Professional Engineer. The study shall be submitted to the Engineering Department in a technical report for review by the C or his designated representative. The report shall demonstrate t 24 proposed facilities will have no adverse impacts on the carrying the adjacent waterway nor cause any increases to the elevations for the floodplain. When the Special Flood Hazard Areas (SFHA) o subject site is designated as "Zone A" on the FIRM Panel, or the identified on the FIRM Panel, the following approximate method m to evaluate the impacts from gas well development. A flow rate s calculated using procedures set forth in the City of Denton Drai Manual. Using Manning's Equation with an estimate of the average the stream, measurements of a single irregular cross-section geo well site, and the one hundred (100) year discharge rate, the av and normal depth may be calculated. Calculations shall be provid unaltered existing channel cross-section and for the proposed mo channel cross-section and submitted to the City for review and a to construction within these areas. iii. No more than ten (10) percent of the floodplain, within the Well Development Site Plan or Gas Well Development Plat, may be h. If evidence from water quality monitoring efforts indicates t occurring from gas wells, the Operator shall remove, cause to be otherwise remediate contamination, as required by the oil and ga including but not limited to Waste Minimization Practices establ RRC. Cleanup operations shall begin immediately. A re-inspection charged as established by the City Council and published in the Criteria Manual. B. Drilling and Production Sites shall comply with all federal, applicable to gas well drilling, production and operations. C. Noise Management Standards. The following standards apply to production in the City limits. 1. The Operator shall submit with its Gas Well Site Plan a conti hour pre-drilling Ambient Noise Level measured three hundred (30 boundaries of the Drilling and Production Site. The seventy-two shall include at least one (1) twenty-four-hour reading during e Sunday. 2. No gas well drilling equipment, production equipment, re-dril other associated equipment shall be operated at any Drilling and within the City in such a manner so as to create any noise level (65) decibels. The dB level shall be measured at a distance of one thousand (1 boundaries of the Drilling and Production Site or one hundred (1 25 any Protected Use setback line, whichever distance is nearer to Production Site. 3. The distances described in 35.22.5.C.2 shall be measured from Drilling and Production Site depicted on the Gas Well Developmen Development Site Plan, in a straight line, without regard to int objects, and outward from the boundary of the Drilling and Produ 4.If the ambient noise level that was established and submitted accordance with 35.22.5.C.1 is higher than the levels set forth noise generated from the Drilling and Production Site may not e ambient noise level by more than five (5) decibels during daytim decibels during nighttime hours, except as provided by 35.22.5.C 5. The following adjustments to the noise standards as set forth intermittently during daytime hours only, except in the case of Maximum Permitted Increase above 65 dB or established ambient, Maximum Duration ambient exceeds 65 dB (minutes)* 10 dB 5 minutes 15 dB 1 minute 20 dB Less than 1 minute *Cumulative minutes during any one hour. 6. Acoustical blankets, sound walls, mufflers or other alternati by the City may be used to ensure noise limitation compliance. A shall comply with accepted industry standards and be subject to 7. The sound level meter used in conducting noise evaluations sh National Standard Institute's Standard for sound meters or an in associated recording and analyzing equipment which will provide equivalent data. 8. The noise level generated during gas drilling activities shal monitored by the Operator to ensure compliance with the noise li established herein, if the Drilling and Production Site is withi 26 feet of a Protected Use. The cost of such monitoring shall be bo In addition, the Operator shall also provide the following data: i. The continuous noise monitoring data shall include an audio identify the source of sound level fluctuations throughout the l continuous noise monitoring equipment shall be capable of remote real-time noise and audio data in a format acceptable to the Ins the real-time data shall be made available to the Oil and Gas Inspector; ii. The continuous noise monitoring data shall be summarized in and submitted to the Oil and Gas Inspector each Monday for the p through Sunday reporting week, which may be combined with the su week if the number of monitoring days for any given week is thre The report shall be in an electronic format or other format spec Gas Inspector. The weekly report shall contain all noise data, tones and low frequency readings, and shall be averaged in twent intervals; and iii. The weekly noise report shall state whether the Drilling a compliance with acceptable noise standards. If the report identifies that the Drilling and Production Site is not compliant, then the report s measures being taken to return the site to compliance and the ti implementing these remedial measures. 9. For Drilling and Production Sites not continuously monitored, received after the commencement of drilling activities by either City, the Operator shall immediately upon receipt of the complai monitor the exterior noise level generated by the gas well drilling or production for a seventy-two (72) hour period and take the action necessary to ab violation exists. The monitoring shall be performed in accordan and ii. 10. In the event of a violation of this subsection, the City may citation to the Operator for the violation. 35.22.6. - Gas Well Development Site Plan and Watershed Protecti A. Applicability. 1. A Gas Well Development Site Plan shall be approved for any la limits before a Gas Well Permit may be issued or any gas well dr activities may occur. Approval of a Gas Well Development Site Pl processing of a complete application for a Gas Well Permit. If he Watershed Protection Permit application shall accompany the appl Development Site Plan or Gas Well Development Plat, but shall be 27 2. A Watershed Protection Permit shall be approved prior to appr Development Site Plan, Gas Well Development Plat, or Gas Well Pe land in any floodplain or ESA within the corporate limits of the Watershed Protection Permit authorizes the processing of a compl Gas Well Development Site Plan or Gas Well Development Plat, as that includes land in a floodplain or ESA. B. Application Requirements—Gas Well Development Site Plan. 1. An application for a Gas Well Development Site Plan shall not complete or deemed complete until: a. Any required Specific Use Permit has been approved by the Cit b. A complete application for a Watershed Protection Permit, whe been filed with the City pursuant to this subchapter. Any condit approval of the Watershed Protection Permit shall be deemed inco the conditions of approval for the Gas Well Development Site Pla 2. Approval of a Gas Well Development Site Plan authorizes the h Site Plan to apply for a Gas Well Permit. 3. An application for a Gas Well Development Site Plan, in addit forth in Subsection 1, shall: a. Clearly delineate the boundaries of the gas well drilling or metes and bounds description, and list the exact acreage of the drilling and production activities shall be limited to this area b. Identify all ingress and egress points. c. Show the location of all floodplains and ESAs. d. Show the location of all freshwater wells currently in use at the time of filing of the application within one thousand (1,000) feet of the Drilling Site. e. Show the location of all structures with a protected use with (1,000) feet of the Drilling and Production Site; f. Identify and show proposed method of erosion and sediment con g. Identify the location of proposed lease lines; h. Identify the location of all proposed gas wells, mud pits, po equipment; 28 i.Label distances between gas wells and property lines; j. Provide site specific well schematics showing layout during d completion of drilling; k. Show location of all existing and proposed underground pipeli drawings shall be filed with the City (in a digital form as spec and as a condition of maintaining the annual operating permit). proposed in public rights-of-way shall require a Right-of-Way Us The City Manager shall have the authority to enter into a Right- Agreement; l. Show the location of all pipelines and identify if pipelines connect with a Gas Distribution System; m. Identify the height, size, bulk and location of all structure dehydrators, parking areas, security cameras, lighting, tanks, t rigs, separators, compressors, perimeter walls, utilities, and a objects contemplated within the boundaries of the gas well drill area; n. Provide a Tree Protection Plan demonstrating compliance with Preservation Code; o. Provide a Signage Plan, complying with this Subchapter for bo and pipelines; p. A Screening, Fencing, and Landscape Plan, in accordance with established for Industrial land uses in Subchapter 13 of the DDC compliance with all landscape and screening measures to be taken irrigate all landscaping including the water source for irrigati efforts to replace dead or dying screening vegetation; and q. A Noise Mitigation Plan that includes: i.A description of the proposed facility/operation; ii.The established ambient noise level; iii.An analysis of any significant sources of noise generated on Production Site; and iv.An analysis of any abatement measures necessary to bring the activity into compliance with the City’s noise standards. 29 r. A Site Reclamation Plan that establishes the existing conditi prior to drilling activities. The Site Reclamation Plan shall and Post-Closure Plans. i. Closure Plan. Site closure includes well plugging and abandon equipment removal, and site clean-up. This plan should describe Drilling and Production Site will be closed, how the proposed fi closure will be achieved, and a detailed description of the clos ii. Post-Closure Plan. Post-closure care includes any subsequent necessary to minimize the need for care after closure and should anticipated work activities necessary to achieve this objective. s. The Operator shall submit an Erosion and Sediment Control Pla with the applicable City Criteria Manual. t. The Operator shall notify all private freshwater well owners in writing that they have the right to have their wells tested. Proof of such writte submitted to the City as part of the Site Plan application. Exceptasprovidedinsubsection35.22.6.B.3.u.iiibelow,areportdetailingall privatewaterwellswithin1,500feetoftheDrillingandProductionSite’s boundaryandmethodforwhichsuchinformationwasobtained.Thereport shouldincludefreshwaterwellsamplingpre-drillinganalysisthatmeetsthe followingrequirements: i.Water sampling must be collected and analyzed in accordance with established federal sampling and laboratory protocol. All labor TCEQ or EPA certified laboratories. Pre-approval by the City’s Environmental Services Director, or designee, of all sampling me preservationtechniques, analytical methods and contract laboratories is required. This information is required to be submitted with the Permit application. ii.At a minimum, the following parameters shall be tested for: meth chloride, sodium, barium, strontium, total dissolved solids, total suspended solids, and pH. Other parameters may be required at the discret City’s Environmental Services Director, or designee. iii.This freshwater well sampling requirement may be partly or entird if a well(s) is(are) abandoned, or if one or more of the freshwater within 1,500 feet of the Drilling and/or Production Site deny th request to have the well(s) sampled. The Operator must produce evidence to supportthat the well(s) is(are) abandoned or that their sample request(s) was(were) denied by the freshwater well owner(s). 30 u. The Operator shall submit a deed, lease, contract or similar evidencing the location of the Drilling and Production Site, whi be filed with the County Records Department upon approval of the Development Site Plan. v. The Operator shall provide a copy of its Emergency Action Pla prepare one pursuant to federal or state law. w. Any other information deemed necessary by the Oil and Gas Ins compliance with these standards. C. Processing of Applications. 1. An application for a Gas Well Development Site Plan shall be manner for an application for a gas well development plat, as pr 35.16.19 of the DDC. , and shall be decided by the Oil and Gas Inspector 2. A Watershed Protection Permit shall be processed in accordanc a. All applications for Watershed Protection Permits shall be fi Department, who shall immediately forward all applications to th review. Incomplete applications shall be returned to the applica the City shall provide a written explanation of the deficiencies applicant. The City shall retain a processing fee determined by The City may return any application as incomplete if there is a before the Railroad Commission regarding the determination of th application shall be deemed accepted for filing until the applic b. The DRC may attach such conditions to approval of a Watershed Permit as are necessary to assure that the requirements of Subse met. c. Each Watershed Protection Permit approved by the DRC shall: i.Identify the name of each well subject to the permit; ii.Specify the date on which the Permit was issued; iii.Incorporate by reference all applicable standards of approva iv. Incorporate by reference all applicable conditions of approv D. Criteria for Approval. 1.No Gas Well Development Site Plan shall contain more than one Production Site, and the Drilling and Production Site shall not 31 acres in size. All standards in Section 35.22.5 shall be met, an to prior approvals shall be incorporated in the approval of the Gas Well Development Site Plan. 2. The following standards apply to an application for a Watersh a. For land inside the City limits, all conditions imposed by an MPC District or a PD District for the land subject to the Waters Permit. b. Standards in Subsection 35.22.5A.6 and 35.22.5A.8. .. 3. An Operator shall submit an amended Gas Well Development Site approval if the items required by 35.22.6.B.3, subsections b., different than those contained in the earlier approved Gas Well Plan. The Oil and Gas Inspector shall review the amended Gas We Site Plan in accordance with this Subsection D. E. Expiration. 1. A Gas Well Development Site Plan shall automatically expire o date of approval, unless a Gas Well Permit has been issued by th site. a. A Gas Well Development Site Plan shall not be extended unless exception has been approved by the Board of Adjustment pursuant 35.22.16. The applicant may submit a new Gas Well Development Si application for review and approval in accordance with all appli requirements of the DDC then in effect. b. If the Gas Well Development Site Plan expires, then all permi or simultaneous with the site plan for the same activity shall l the same date. 2. An associated Watershed Protection Permit shall expire with t Well Development Site Plan and may not be extended prior to expi 35.22.7. - Gas Well Permit Required. A. Any person, acting for himself or acting as an agent, employe or servant for any person, shall not engage in the drilling and within the corporate limits of the City without first obtaining under this Subchapter. B. When a Gas Well Permit has been issued covering a well, the P authority for drilling, operation, production, gathering of prod 32 re-working, testing, site preparation consisting of rigs or tank abandonment, and any other activity authorized by this Subchapte drilling or production by the Operator and their respective empl contractors. A Gas Well Permit shall also constitute authority f of all facilities reasonably necessary or convenient in connecti gathering lines and discharge lines, by the Operator and its res contractors and subcontractors. C. A Gas Well Permit shall not be required for exploration for g geologic or geophysical activities, including, but not limited t exploration, related to the search for oil, gas, or other sub-su seismic permit is required for impact-based exploration. D. A Gas Well Permit shall not, however, constitute authority fo of a plugged and abandoned well. Re-entry and drilling of a plug shall require a new Gas Well Permit. E. Applications for Gas Well Permits shall be in accordance with 1. Shall be in writing; 2. Shall be on forms provided by the City; 3. Shall be signed by the Operator; 4. Shall include the application fee; 5.Shall include a copy of the applicable SUP, PD District, or Ga Site Plan; and 6. Shall include the information required by the Application Criteria Manual unless such information has been previously provided to the City. 35.22.8. - Insurance and Indemnification. The Operator shall provide or cause to be provided the insurance well for which a Gas Well Permit is issued, such insurance to co abandoned and the site restored. The operator may provide the re "blanket basis for multiple wells". Such coverage shall be appro the City of Denton. A. General Requirements. Indemnification and Express Negligence Pro 1. Each Gas Well Permit issued by the City shall include the fol Operator does hereby expressly release and discharge, all claims judgments, and executions which it ever had, or now have or may 33 may have, or claim to have, against the City of Denton, and/or i agents, officers, servants, successors, assigns, sponsors, volun created by, relating to or arising out of personal injuries, kno injuries to property, real or personal, or in any way incidental the performance of the work performed by the operator under a Ga the Operator caused by or arising out of, that sequence of event the Gas Well Permit, and work performed by the Operator shall fu indemnify, and hold harmless the City of Denton, Texas, and/or i agents, officers, servants, employees, successors, assigns, spon from and against each and every claim, demand, or cause of actio liability, damages, obligations, judgments, losses, fines, penal expenses incurred in defense of the City of Denton, Texas, and/o agents, officers, servants, or employees, including, without lim injuries and death in connection therewith which may be made or Operator, its agents, assigns, or any third parties on account o any way incidental to or in connection with the performance of t by the Operator under a Gas Well Permit and, the Operator agrees hold harmless the City of Denton, Texas, and/or its departments, agents, servants, employees, successors, assigns, sponsors, or v liabilities or damages suffered as a result of claims, demands, against the City and/or, its departments, it's officers, agents, created by, relating to or arising out of the acts or omissions occurring on the Drilling and Production Site or operation site of inspecting and permitting the gas wells INCLUDING, BUT NOT LI CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON OCCURRING ON THE DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not renewed without thirty (30) days advanced written notice to the except when this policy is being cancelled for nonpayment of pre ten (10) days advance written notice is required". 34 3. Liability policies shall be written by carriers licensed to d with companies with A: VIII or better rating in accordance with Rating Guide, or with nonadmitted carriers that have a financial carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the Cit employees, and volunteers. 5. Certificates of insurance shall be presented to the City evid endorsements required by this Section 35.22.8, and the acceptanc without the required limits and/or coverage's shall not be deeme requirements. 6. Claims made policies will not be accepted except for excess p otherwise provided by this Subchapter. B. Required Insurance Coverages. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of one mil ($1,000,000) per occurrence for Bodily Injury and Property Damag coverage shall include premises, operations, blowout or explosio completed operations, blanket contractual liability, underground broad form property damage, independent contractors protective l personal injury. b. Environmental Impairment (or Seepage and Pollution) shall be the coverage or written as separate coverage. Such coverage shal damage to the lease site. If Environmental Impairment (or Seepag Coverage is written on a "claims made" basis, the policy shall p retroactive date applicable precedes the effective date of the i Permit. Coverage shall apply to sudden and non-sudden pollution resulting from the escape or release of smoke, vapors, fumes, ac chemicals, liquids or gases, waste material or other irritants, pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit dollars ($1,000,000) per occurrence for Bodily Injury and Proper coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum s requirements, coverage shall include Employer's Liability limits hundred thousand dollars ($100,000) for each accident, one hundr ($100,000) for each employee, and a one million dollars ($1,000, occupational disease, and the insurer agrees to waive rights of 35 City, its officials, agents, employees, and volunteers for any w City by the operator. 4. Excess (or Umbrella) Liability Insurance. Minimum limit of te ($10,000,000) covering in excess of the preceding insurance poli 5. Control of Well Insurance. a. Minimum limit of five million dollars ($5,000,000) per occurr b. Policy shall cover the Cost of controlling a well that is out or Restoration expenses, Seepage and Pollution Damage. Damage to the Operator's Care, Custody, and Control with a sub-limit of fi thousand dollars ($500,000) may be added. 35.22.9. - Security. A. A security instrument that covers each well shall be delivere Inspector before the issuance of the Gas Well Permit for the wel provide that it cannot be cancelled without at least thirty (30) the City and, if the instrument is a performance bond, that the without at least ten (10) days' prior written notice for non-pay instrument shall secure the obligations of the operator related to the well to: 1. Repair damage, excluding ordinary wear and tear, if any, to p but not limited to bridges, caused by the operator or by the ope agents, contractors, subcontractors or representatives in the pe activity authorized by or contemplated by the Gas Well Permit; 2. Comply with the insurance and security provisions set forth i Section 35.22.9; 3. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas Well Permit; and 4. Comply with Site Reclamation requirement. B. The security instrument may be in the form of an irrevocable bond issued by a bank or surety approved by the City. The instru City for the benefit of the City, shall become effective on or b Permit is issued, and shall remain in effect until the well is a restored. C.A certificate of deposit may be substituted for the letter of certificate shall be issued by a bank in Denton County, Texas, s City, shall be payable to the order of the City to secure the obligations of the Operator 36 described above, and shall be pledged to the bank with evidence the Director of Planning and Community Development. Interest on the certificate shall be payable to the operator. E.The security instrument may be provided for an individual well each Drilling and Production Site. The amount of the security sh City Engineer, with due regard to the costs and risks to be secu above, either on a per-application basis, or as administratively in the Application Criteria Manual, in the minimum amount of on dollars ($100,000.00) for a single well on the site, two hundred ($200,000) for two (2) to four (4) wells on the same site, or t dollars ($300,000.00) for 5 or more wells on the same site. Th when the Oil and Gas Inspector confirms in writing that one of t occurred: 1. The Gas Well Permit is transferred, and the Operator-transfe security that complies with this section; or 2. The well is plugged and abandoned and the site restored. F. An appeal of the determination of the amount of security req may be made to the Planning and Zoning Commission for recommenda Council for final determination of the amount of security. 35.22.10. - Review of Permits for Gas Well Drilling and Producti A. All applications for Gas Well Permits shall be filed with the immediately forward all applications to the DRC for review. Inco shall be returned to the applicant, in which case the City shall explanation of the deficiencies if requested by the applicant. T processing fee determined by ordinance. The City may return any incomplete if there is a dispute pending before the Railroad Com determination of the operator. No Gas Well Permit shall be approved under this Section unless the property owner or applicant first receives approval o 1. A SUP, where required, a Detailed Plan in a PD district, or a authorization in a MPC district; 2. A Watershed Protection Permit, where applicable; and 3. A Gas Well Development Site Plan. Denial or conditional approval of any such applications shall be conditional approval of the Gas Well Permit. 37 B. The DRC shall review each application consistent with the pro and shall determine: 1.Whether the application includes all of the information requir 2.Whether the application is in conformance with the applicable Development Site Plan, applicable SUP, MPC Zoning District or PD and 3. Whether the application is in conformance with the insurance requirements set forth in Subsection 35.22.8 and Subsection 35.2 . C. The Oil and Gas Inspector may not release the approved Gas We Operator has provided: 1. The security required by Subsection 35.22.9; 2. Upon the Operator entering into a Road Damage Remediation Ag obligate the operator to repair damage excluding ordinary wear a public streets, including but not limited to, bridges caused by operator's employees, agents, contractors, subcontractors or rep performance of any activity authorized by or contemplated by the Permit; and 3.A copy of the recordable instrument filed with the County Reco required by Subsection 35.22.6.B.3.u. D.The failure of the DRC or the Oil and Gas Inspector to review and issue a Gas Well Permit within the time limits specified above shall not cause th Permit to be deemed approved. E. Each Gas Well Permit issued by the Oil and Gas Inspector shal 1. Identify the name of each well and its Operator; 2. Specify the date on which the Oil and Gas Inspector issued ea 4.Specify the date by which drilling shall commence, otherwise t (such date shall not be less than 6 months after the date of iss 4. Specify that if drilling is commenced before the Permit expir continue until the well covered by the Permit is abandoned and t 5. Incorporate, by reference, the insurance and security require Subsection 35.22.8 and Subsection 35.22.9 ; 38 6.Incorporate, by reference, the requirement for periodic report 35.22.11 and for Notice of Activities set forth in Subsection 35 7.Incorporate the full text of the release of liability provisio 35.22.8.A.1; 8.Incorporate, by reference, the conditions of the applicable Wa Permit, Gas Well Development Site Plan, and applicable SUP, MPC or PD Zoning District, and Gas Well Ordinance applicable at the well drilling and production project; 9.Incorporate, by reference, the information contained in the Pe 10.Incorporate, by reference, the applicable rules and regulatio the applicable "field rules"; 11.Specify that no drilling operations (including the constructi access roads) shall commence until the operator has provided the Subsection 35.22.9; 12.Contain the name, address, and phone number of the person des notices from the City, which person shall be a resident of Texas person or by registered or certified mail; 13.Incorporate by reference all permits and fees required by the 14.Incorporate the well’s RRC permit number and the American Pet (API) number; 15.Incorporate, by reference all other applicable provisions set 16.Contain a notarized statement signed by the Operator, or desi information is, to the best knowledge and belief of the Operator and correct. 17.Contain a statement that the Operator is required to comply w and state laws and regulations, which the City will verify compliance as part of its periodic inspections. F. The decision of the Oil and Gas Inspector to deny an applicat shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. G. If an application for a Gas Well Permit is denied by the Oil herein contained shall prevent a new Permit application from bei for the same well. 39 H. Expiration of Gas Well Permit. 1. A Gas Well Permit is valid for six (6) months and shall autom gas well drilling and production have commenced prior to expirat 2. If a Gas Well Permit has been issued by the City but gas well have not commenced prior to the expiration of the permit, the pe extended unless a special exception has been approved by the Boa pursuant to 35.22.16; however, the Operator may reapply for a ne 3. If gas well drilling and production have commenced prior to t Well Permit issued by the City, the permit shall continue, and O subject to an Annual Inspection and Administration fee. 4. If gas well drilling and production have commenced following Permit by the City before the expiration date, the approved Dril Site and all activities shall be subject to inspections by the C with terms and conditions of the Gas Well Permit and all applica DDC. 35.22.11. - Periodic Reports. A. The Operator shall notify the Oil and Gas Inspector of any ch information within one (1) business day after the change occurs. 1.The name, address, and phone number of the Operator; 2.The name, address, and twenty-four (24)-hour phone number of t supervisory authority over the Drilling and Production Site; 3.The name, address, and phone number of the person designated t from the City, which person shall be a resident of Texas that ca or by registered or certified mail; and 4. The Operator's Emergency Action Plan if required to file one state law. B. The Operator shall provide a copy of any "incident reports" o submitted to the RRC or any other state or federal agency within operator has notice of the existence of such reports or complaints. This includes the recording of both reportable and non-reportable events as noted Code, Title 30. C. Beginning the January after each well is spud, and continuing until the operator notifies the Oil and Gas Inspector that the well has been plugged and 40 abandoned and the Drilling and Production Site restored, the ope written report to the Oil and Gas Inspector identifying any chan was included in the application for the applicable Gas Well Perm previously reported to the City. D. The Operator must provide a copy to the Oil and Gas Inspector with the TCEQ in connection with an installed vapor recovery uni 35.22.5.A.2.n. The Operator shall also provide the City with co provided by TCEQ. Such reports and responses shall be kept on t Production Site and shall be available for inspection when reque Inspector. E. The Operator shall provide the City with copies filed with t reports for setting surface casing, blowout preventer (BOP) pres testing, pressure relief valve testing, and level control testin provide the City with copies of any responses provided by the RR reports and responses shall be kept on the Drilling and Producti available for inspection when requested by the Oil and Gas Inspe F. The Operator shall submit a copy of a soil sampling analysis 35.22.5.A.2.q upon request by the Oil and Gas Inspector. G. In addition to the records listed in Subsections 35.22.5.A.6. Operator shall provide the City with a copy of all records filed by the Operator or by third parties. Copies of such records sha and Production Site and shall be available for inspection when r Gas Inspector. 35.22.12. - Notice of Activities. A. Any Operator who intends to perform the following activities work a well using a drilling rig; (3) to fracture stimulate a we operations; (5) plug a well; (6) perform any other maintenance at a Drilling and Production Site; or (7) to conduct seismic exploration not invol shall give written notice to the City at least two (2) days bef Damage Remediation Fees shall be paid to the City and submitted Activities. B. All dwellings within one thousand (1,000) feet of a well shal forty-eight (48) hours prior to the activities. 1. The notice shall identify where the activities will be condu activities in reasonable detail, including but not limited to th and the time of day they will be conducted. 41 2.The notice shall also provide the address and twenty-four (24) the person conducting the activities. C. The Operator responsible for the activities shall post a sign and Production Site giving the public notice of the activities, and twenty-four (24)-hour phone number of the person conducting D. If upon receipt of the notice the City determines that an ins Inspector is necessary, the operator will pay the City's customa inspection. E. Surface Casing. 1. The Operator shall notify the Inspector within 24 hours of s 2. Casing procedures shall follow RRC Rule 3.13, or any success F.If a proposed Drilling and Production Site is located within o protected use, the Operator shall also host a public meeting at convenient to surrounding property owners and residents at least more than forty-five (45) days, prior to either: (1) the public and Zoning Commission in connection with an SUP application, or a Gas Well Development Site Plan if an SUP is not required. The written notice of the meeting to all property owners located wit feet of the proposed Drilling and Production Site. A mailing li property and property owner shall be submitted to the Oil and Ga compliance with this requirement. The meeting should provide in planned activities and timelines for the site and must provide a to ask questions about the proposed site. All notification and borne by the Operator. G.All surrounding property owners, businesses and residents with feet of a Drilling and Production Site shall be notified a minim hours prior to fracturing of a wellhead. In addition, at least fracturing operations commence, the Operator shall post a sign a advising the public of the date the operations will begin and se 35.22.13. - Amended Gas Well Permits. A. An Operator may submit an application to the Oil and Gas Insp Gas Well Permits to: 1. Commence drilling from a new drill site that is not shown on reference as part of) the existing permit; 42 2. To relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing Gas Well Permit; or 3. To otherwise amend the existing Gas Well Permit, for land sub approved Gas Well Development Site Plan. B. Applications for amended Gas Well Permits shall be in writing provided by the Department of Planning and Development, shall be operator, and shall include the following: 1.The application fee as set by City ordinance; 2.A description of the proposed amendments; 3.Any changes to the information submitted with the application Well Permit (if such information has not previously been provide 4.Such additional information as is reasonably required by the demonstrate compliance with the applicable Gas Well Development applicable SUP or PD District; and 5. Such additional information as is reasonably required by the prevent imminent destruction of property or injury to persons. C. All applications for amended Gas Well Permits shall be filed Planning and Development, and the Department shall immediately f applications to the Oil and Gas Inspector for review. Incomplete returned to the applicant, in which case the City shall provide deficiencies; however, the City may retain a processing fee as d Gas Inspector. The City may return any application as incomplete pending before the RRC regarding the determination of the Operat D. If the activities proposed by the amendment are not materiall activities covered by the existing Gas Well Permit or Gas Well D and if the proposed activities are in conformance with the appli Protection Permit, Gas Well Development Site Plan, applicable SU PD District, or site-specific authorization in a MPC District, then the Oil and Gas Inspector shall approve the amendment within ten (10) days after E. If the activities proposed by the amendment are materially di covered by the existing gas well permit, and if the proposed act with the applicable Watershed Protection Permit, Gas Well Develo applicable SUP or Detailed Plan in a PD District, or site-specif District, then the Oil and Gas Inspector shall approve the amend days after the application is filed. In addition, if the activit are materially different or, in the judgment of the Oil and Gas 43 risk of imminent destruction of property or injury to persons th the activities covered by the existing permit or that was not ot consideration by the existing permit, the Oil and Gas Inspector amendment to be processed as a new Gas Well Permit application. F. The failure of the Oil and Gas Inspector to review and issue within the time limits specified above shall not cause the application for the amended Permit to be deemed approved. G. The decision of the Oil and Gas Inspector to deny an amendmen shall be provided to the operator in writing within ten (10) day including an explanation of the basis for the decision. The oper denial in accordance with Section 35.22.16.A.1. 35.22.14. - Transfer of Gas Well Permits. A Gas Well Permit may be transferred by the Operator with the written consent of the City if the transfer is in writing signed by both parties, if the transf terms and conditions of the transferred Permit, if all information previously provided to the City as part of the application for the transferred Permit is up and if the transferee provides the insurance and security requir Section 35.22.9. The insurance and security provided by the tran copy of the written transfer is provided to the City and all oth subsection are satisfied. The transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transf 35.22.15. - Inspection. A. The Oil and Gas Inspector shall have the authority to issue a required to carry out the intent and purpose of this Subchapter. comply with any such order or directive shall constitute a viola B. The Oil and Gas Inspector shall have the authority to enter a covered by the provisions of this subchapter, to determine compl and all applicable laws, rules, regulations, standards, or direc federal authority. C. Pursuant to inspection authority granted by the Texas Clean A Code, the Oil and Gas Inspector shall conduct periodic inspectio under this Subchapter. D. Inspections may include periodic evaluations of air quality, of, Drilling and Production Sites. Inspections will also includ conformance with their Hazardous Materials Management Plan and o requirements to their site. 44 35.22.16. – Appeals and variances. A. Procedures. 1.The Board of Adjustment shall hear and decide appeals of order determinations made by the Oil and Gas Inspector relative to the interpretation of this Subchapter, except for those matters desc 35.22.4.F.3 and 35.22.17; furthermore the Board of Adjustment sh requests for variances to the provisions of this Subchapter unde set forth below. The Board may also grant a special exception ex expiration date of a Gas Well Development Site Plan or a Gas Wel period not to exceed one year pursuant to the criteria set forth who desires to appeal the type of action described in this subse variance may file an appeal or variance to the Board of Adjustme procedural process outlined in Section 35.3.6 of the DDC. Appea required for every appeal or variance request. The Board of Adj the appeal or variance and any other related information. a. Standard of review for appeals. The members of the Board of have and exercise the authority to hear and determine appeals wh there is error or abuse of discretion regarding the approval or Development Site Plan, or the issuance or non-issuance of a Gas b. Standard of review for variances. In deciding variance req Adjustment shall consider, where applicable, the following relev i. Whether there are special circumstances existing on the property on which the application is made related to size, shape, area, topography, su conditions and location that do not apply generally to other pro vicinity; ii. Whether a variance is necessary to permit the applicant the use of his property that are presently enjoyed by other similarl properties, but which rights are denied to the property on which application is made; iii. Whether the granting of the variance on the specific property will adversely affect any other feature of the comprehensive master plan of the iv. Whether the variance, if granted, will be of no material det welfare or injury to the use, enjoyment, or value of property in 45 v. Whether the operations proposed are reasonable under the circ conditions prevailing in the vicinity considering the particular character of the improvements located there; vi. Whether the drilling of the maximum number of potential well proposed drill site would conflict with the orderly growth and d the town; vii. Whether there are other alternative well site locations; viii. Whether the operations proposed are consistent with the he welfare of the public when and if conducted in accordance with t or combined well permit conditions to be imposed; ix. Whether the operations proposed are consistent with protecti integrity and environmental quality, including protection of sur ground water sources, of potentially impacted environmentally se x. Whether there is reasonable access for town fire personnel an equipment, including the ability to safely evacuate potentially residents; xi. Whether the impact upon the adjacent property(ies) and the g operations conducted in compliance with the oil, gas, or combine conditions are reasonable and justified, balancing the following 1. The reasonable use of the mineral estate by the mineral estat explore, develop, and produce the minerals; and 2. The availability of alternative drilling sites; and xii. Where a variance is requested to reduce separation standard in addition to other relevant criteria, the extent to which owne Uses, or freshwater wells currently in use, or previously platte where one or more lots have habitable structures, have consented reduction in separation standards in writing. c. The Board of Adjustment shall determine whether to grant an e expiration date for a Gas Well Development Site Plan or Gas Well upon whether there are circumstances reasonably beyond the contr 46 Operator, including any delay on the part of the City in issuing permits, that justify an extension of the Site Plan or Permit, in order that the Operator may enjoy the same rights in the use of the property th enjoyed by other similarly situated properties, but which rights property for which the Site Plan or Permit expires. 2. The Board of Adjustment may reverse or affirm, in whole or i Oil and Gas Inspector's order, requirement, decision or determin appeal is taken and make the correct order, requirement, decisio from which an appeal is taken and make the correct order, requir determination. The Board of Adjustment may issue a variance to t the criteria referenced in Subsection A.1.b., and may grant a sp the criteria referenced in A.1.c. Any action under this subsect three-fourths majority vote of the entire Board of Adjustment. 3. Any Operator aggrieved by any decision of the Board of Adjus court of record a petition, duly verified, stating that such dec or in part, and specifying the grounds of the alleged illegality. Such petition shall be presented within ten days after the date on which the decision o Adjustment was rendered and not thereafter, and judicial review be pursuant to Texas Local Government Code, § 211.011, as amende B. Watershed Permit Appeals. 1.The applicant may appeal the denial or conditional approval of Protection Permit on grounds pertaining to the standards in Subs and 35.22.5.A.8 to the Planning and Zoning Commission within ten days of the decision by the DRC. In deciding the appeal, the Pl Commission shall decide the appeal based upon the standards ma permit by Subsection 35.22.5.A.6 and 35.22.5.A.8. 2.The applicant may file a petition for review pursuant to Subse 35.22.5.A.8 on grounds therein specified to the City Council wit days of the decision by the Planning and Zoning Commission. The decide the petition based upon the criteria in Subsection 35.22. C. Preemption Appeal. 1.. The regulation of gas well drilling and production in this s Purpose potentially overlaps with regulation of gas well drilling and pr Texas and the United States of America. The purpose of this sec 47 Operators the opportunity to demonstrate to the City that one or procedures contained in this subchapter are preempted by state o 2.. An Operator who is aggrieved by the promulgation or Petition Contents application of the standards or procedures in this subchapter an or more such standards or procedures are preempted by state or f submit a petition to the Oil and Gas Well Inspector explaining t bases upon which the Operator relies to support his contention t subchapter is preempted. The petition shall be accompanied by an waiver of any statutory time periods or time periods established review of any filed applications which are the subject of the pe shall include, at a minimum, the following: a. The name, mailing address, phone number and fax number of th person's duly authorized agent); b. Identification of all property owned or under the control of affected by the preemption claim; c. Identification of the permit applications for which the appl this section; d. Identification of all regulations in this subchapter that th not apply to the project due to preemption of the subject matter law; e. For each regulation in this subchapter that is the subject o preemption claim, specification of the state or federal law, sta administrative rule or order that allegedly preempts the regulat an explanation of why such law, standard, administrative rule or the regulation. 3. Procedure and Decision. The Oil and Gas Inspector shall first determine whether the appl pursuant to DDC section 35.16.8. Once the application has been is deemed complete, the Director shall forward the preemption pe the required supporting information or documentation, to the Cit Attorney for their respective reviews. Prior to rendering his City Manager may request a pre-determination conference with the petitioner to discuss the preemption claim and to ensure that the nature of th completely understood by the City Manager. The City Manager, a with the City Attorney, shall render a final administrative dete the relief requested in the petition in whole or in part, or denies the requested relief in whole or in part within 30 days of the date the petition is comp Manager’s determination shall include a statement of the reasons shall identify the regulations that are preempted on their face 48 petitioner’s permit application(s) for approval under this subch Manager may also recommend to the City Council that one or more contained in this subchapter should be repealed or modified so a preemption claims. 35.22.17. - Remedies of the City. A. If an Operator (or its officers, employees, agents, contracto representatives) fails to comply with any requirement of a Gas W any requirement incorporated by reference as part of the Permit), the Fire Marshal or Oil and Gas Inspector may, in connection with or separate from 35.2 to the operator specifying the nature of the alleged failure and reasonable time to cure, taking into consideration the nature an failure, the extent of the efforts required to cure, and the pot safety, and welfare of the community. The Operator shall respon forty-eight (48) hours and indicate how the violation(s) shall b however, shall the cure period be less than thirty (30) days unl presents a risk of imminent destruction of property or injury to alleged failure involves the operator's failure to provide perio Marshal or Oil and Gas Inspector may issue a Stop Work Order und B. If the Operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Fire Marshal and/or Oi notify the RRC and request that the RRC take appropriate action notice provided to the operator), and the City may pursue any ot C. If the operator does not cure the alleged failure within the Marshal and/or Oil and Gas Inspector, the Oil and Gas Inspector recommendation of the Health and Building Standards Commission 1. Recommend to the City Council that the Gas Well Permit be sus alleged failure is cured; or, 2. Recommend to the City Council that the Gas Well Permit be rev suspension the Operator does not cure the alleged failure. D. The decision of the Fire Marshal and/or Oil and Gas Inspector or revocation of a Gas Well Permit shall be provided to the Oper ten (10) days before any action by the City Council unless the a risk of imminent destruction of property or injury to persons. E. If a Gas Well Permit is revoked, the Operator may submit info Well Inspector evidencing that the alleged failure resulting in Well Permit have been corrected, and an application for a new Ga submitted for the same well. 49 35.22.18. - Enforcements, Right of Entry. A. The Fire Marshal and the Oil and Gas Inspector are authorized this Subchapter and the provisions of any Gas Well Permit. Whene enforce any provision of this Subchapter or a Gas Well Permit, o reasonable cause to believe there has been a violation of this S Permit, the Fire Marshal or Oil and Gas Inspector, may enter upo by this Subchapter or a Gas Well Permit at any reasonable time t duty imposed by this Subchapter. If entry is refused, the City s remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the 1. Engage in any activity not permitted by the terms of a Gas We this Subchapter; 2. Fail to comply with any conditions set forth in a Gas Well Pe Subchapter; or 3. Violate any provision or requirement set forth under this Sub C. The enforcement and penalty provision under Subsection 35.1.1 violation of this Subchapter. D. The Fire Marshal or Oil and Gas Inspector is authorized to is court for violations of this Subchapter or Gas Well Permit. E. The City may also notify the EPA, TCEQ, RRC or other applicab agency in connection with violations of this Subchapter. 50