HomeMy WebLinkAboutMarch 24, 2015 Agendatru�Mltli
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Tuesday, March 24, 2015
City of Denton
Meeting Agenda
City Council
2:30 PM
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a Special Called Work Session on Tuesday, March 24, 2015 at 2:30 p.m. 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 Reports
A. ID 15 -059 Receive a report and hold discussion on the implementation of the Travel Demand
Model of the Denton roadway system, and the resulting proposed updates to the
current Mobility Plan that are necessary to implement the Road Impact Fees.
Attachments: Exhibit 1 Mobility Plan Presentation
B. ID 15 -134 Receive a report, hold a discussion, and give staff direction regarding delivery
trucks stopping in the roadway on the Downtown Square.
C. ID 15 -191 Receive a report, hold a discussion, and give staff direction regarding the regulation
of fees for the nonconsensual towing of vehicles from private property.
D. ID 15 -247 Receive a report, hold a discussion, and give staff direction regarding an
amendment to the membership of the Economic Development Partnership Board.
Attachments: Exhibit 1 - Option 1 with highlighted changes
Exhibit 2 - Option 2 with highlighted changes
E. 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.
City ofDenton Page I Printed on 311912015
City Council Meeting Agenda March 24, 2015
Following the completion of the Special Called Work Session, the City Council will convene in a
Special Called 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 Meetinu
A. ID 15 -222 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Discuss, deliberate, and receive information from staff and provide staff with
direction pertaining to the acquisition of real property interests located in the
Morreau Forrest Survey, Abstract Number 417, located generally in the 200 block
of North Mayhill Road, City of Denton, Denton County, Texas. Consultation with
the City's attorneys regarding legal issues associated with the acquisition or
condemnation of the real property interests 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 the 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 proceeding or potential litigation.
(Mayhill Road Widening and Improvements project - Parcel M085 - CCBV, LLC)
B. ID 15 -238 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys litigation styled In re: Arsenal
Minerals and Royalty, et al. v. City of Denton; cause number 4:14 -cv- 00639,
currently pending in the US District Court, Eastern District Sherman Division where
a public discussion of these legal matters would conflict with the duty of the City's
attorneys under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas.
C. ID 15 -234 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and
strategies associated with the current Gas Well Ordinance, and proposed Gas Well
Ordinance amendment, regulation of gas well drilling and production within the
City Limits and the extraterritorial jurisdiction, including: Constitutional
limitations, statutory limitations upon municipal regulatory authority; statutory
preemption and vested rights; impacts of federal and state law and regulations;
impacts of gas well drilling upon protected uses and vice - versa; current and
proposed extension to, moratorium on drilling and production; other concerns about
municipal regulatory authority or matters relating to enforcement of the Gas Well
Ordinance, both current and proposed; settlement matters concerning gas well
drilling in the City; surface development issues involving surface and mineral
estates; and legal matters associated with a citizen's initiative ordinance and
pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office
v. City of Denton Texas, Cause No. D- 1- GN -14- 004628 currently pending in the
City ofDenton Page 2 Printed on 311912015
City Council Meeting Agenda March 24, 2015
53rd District Court of Travis County and Texas Oil and Gas Association v. City of
Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of
Denton County regarding hydraulic fracturing where a public discussion of these
legal matters would conflict with the duty of the City's attorneys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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.
Special Called 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:
Items For Individual Consideration
A. ID 15 -248 Consider adoption of an ordinance amending Ordinance No. 2003 -258, as amended
by Ordinance No. 2011 -042 and Ordinance No. 2014 -009, relating to the Economic
Development Partnership Board ( "the Board ") to add to the membership of the
Board; repealing all conflicting ordinances and portions thereof, and providing an
effective date.
Attachments: Exhibit 1 - Option 1
Exhibit 2 - Option 2
Exhibit 3 - Ordinance 2003 -258
Exhibit 4 - Ordinance 2011 -042
Exhibit 5 - Ordinance 2014 -009
Public Hearings
A. DCA14 -0009 Continue a public hearing and consider adoption of an ordinance amending
e Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well
Drilling and Production, Definitions and Procedures; amending Ordinance No.
2013 -248, relating to planning and development fees and road damage remediation
fees relating to gas well drilling and production activities; adding new Subchapter
22A to the Denton Development Code, relating to Oil and Gas Pipelines,
Definitions, Procedures; providing a cumulative clause; providing a severability
clause; providing for a penalty; and providing for an effective date (DCA14- 0009e).
The Planning and Zoning Commission recommends denial (4 -3). A supermajority
vote by City Council is required to adopt a motion to approve this ordinance.
City ofDenton Page 3 Printed on 311912015
City Council Meeting Agenda March 24, 2015
Attachments: Exhibit 1 Table of Revised Ordinances
Exhibit 2 Clean Ordinance and Redlined Draft of DDC Subchapter 22
Exhibit 3 Clean Ordinance Draft of DDC Subchapter 7.16
Exhibit 4 Clean Ordinance Draft of DDC Subchapter 16.7
Exhibit 5 Clean Ordinance Draft of DDC Subchapter 5
Exhibit 6 Clean Ordinance Draft of DDC Subchapter 22A
Exhibit 7 Fee Ordinance
Exhibit 8 Public Responses to CC and P &Z from Dec 2014 meeting
Exhibit 9 Public Responses to Additional Questions from PZ and the Public
Exhibit 10 Draft Minutes of the February 4, 2015 P &Z Meeting
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 , 2015 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 4 Printed on 311912015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -059, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Utility Administration
CM/ ACM: Howard Martin, 349 -8232
Date: March 24, 2015
SUBJECT
Receive a report and hold discussion on the implementation of the Travel Demand Model of the Denton roadway system,
and the resulting proposed updates to the current Mobility Plan that are necessary to implement the Road Impact Fees.
BACKGROUND
The City Council authorized the contract with Kimley -Horn & Associates, Inc. (KMH) on January 7, 2014 to implement
the Road Impact Fees in Denton. During the work effort on development of the impact fee project it was determined that
it was necessary to update the current Mobility Plan as it had become dated. The Mobility Plan is a core component of the
Denton Development Code. Exactions for road improvements from proposed developments are based on the Mobility
Plan along with the road cross - sections in the Transportation Criteria Manual. In addition, all of the road construction that
is related to capacity upgrades and mobility improvements is tied to the Mobility Plan. To develop a Mobility Plan or
Master Thoroughfare Plan, computer models are now used to determine the travel demands for the entire road network.
To bring the Denton Mobility Plan to modern standards, it was therefore necessary to use the applicable computer model
that would allow the city to then rely on a technically sound master transportation plan that is based on actual traffic
counts, that is calibrated for the existing conditions, and that would project build out needs of the transportation system.
Staff, also wanted to better assess the traffic on existing streets and determine the level of service that is currently
provided by all of the arterial and collector streets. This more precise determination of the current level of traffic on the
existing streets would then also provide for excess capacity determination of the existing streets that would be eligible for
impact fees.
To accomplish the above tasks a Travel Demand model needed to be developed. The City Council authorized an
amendment to the consultant contract for implementation of this model in May 2014. The following provides a brief
summary of the scope of consultant work for implementation of the Travel Demand Model;
• Develop a travel demand model that the City can utilize to evaluate travel demand needs and continue to use the
travel demand model on an on -going basis;
• Expand and evaluate the functional classification of the current Mobility Roadway Plan to include type of
roadway;
• Develop alternative design cross sections for the type of roadway and incorporate the pedestrian and bicycle
components into the overall Mobility Roadway Plan; and
• Evaluate future roadway level of service and alignments to provide recommendations to the current Mobility
Roadway Plan
As part of the project, KMH has developed an existing condition Base Year Model (Year 2014) that is calibrated with
City of Denton Page 1 of 3 Printed on 3/19/2015
File #: ID 15 -059, Version: 1
current traffic data. KMH then utilized the Base Year Model to assist in the development of the Year 2040 Build Out
Model. The purpose of the 2040 Build Out model is to develop the ultimate Mobility Roadway Plan. The Build Out
model development required use of the Land Use Plan to determine future vehicle trips. The Land Use Plan was
coordinated with the Denton 2030 Plan as part of the Comprehensive Plan Update.
Based on the 2040 Build Out Model the following tasks are currently being performed;
A. Functional Street Classifications: This task includes research of national best practices and industry
standards, and makes recommendations for new functional street classifications to be considered as part of
the plan update.
B. Define Type of Streets: Recommendations to consider Context Sensitive Design for all transportation modes
that are built upon concepts under consideration locally and regionally. This concept breaks down the
functional street classification into types of streets which may be based on the surrounding land uses. Cross
sections and plan views have been developed.
C. Design Criteria Manual Revision: Explore how the new functional street classifications and cross sections
will be incorporated into the Design Criteria Manual. A list of necessary revisions to the Design Criteria
Manual will be produced and a process will be created to implement the changes.
D. Alignment Considerations: KMH has analyzed the alignment alternatives at a conceptual level for the
Mobility Roadway Plan. The consultant use available contours, parcel data /right -of -way information,
utilities, flood plain and gas well locations to aid in the recommendation of alignment. This task anticipates
looking at up to ten (10) roadway alignments (new and existing).
E. Intersection Improvements: KMH will identify intersection improvement to aid in the overall mobility of the
City. These improvements may include but are not limited to signals, turn lanes, roundabouts, etc.
Working with city staff that included representatives from the Street Operations, Engineering and Planning departments,
KMH has completed majority of the work identified in Items A through E above. Staff will present the results of the
Travel Demand Model, the proposed changes to the current Mobility Plan, provide a brief update on Road Impact Fees
implementation, and seek guidance on recommendation for approval of the proposed changes to the current Mobility
Plan.
RECOMMENDATION
Staff is seeking guidance and recommendation for the proposed changes to the Mobility Plan.
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 5, 2011: Staff presentation to the City Council regarding supplemental street funding
February 6, 2012: Staff presentation to the City Council to provide an update regarding supplemental street funding
September 10, 2013: Staff presentation to the City Council to provide an update and seek direction regarding
supplemental street funding
November 15, 2013: Staff presentation of proposed road impact fees to the Developer's Committee
December 10, 2013: Work Session on Kimley -Horn and Associates, Inc consultant contract for implementation of road
impact fees
January 7, 2014: Approval of the Kimley -Horn and Associates, Inc consultant contract for implementation of road impact
fees
May -, 2014: Approval of the amendment to the Kimley -Horn and Associates, Inc consultant contract for implementation
City of Denton Page 2 of 3 Printed on 3/19/2015
File #: ID 15 -059, Version: 1
of road impact fees
December 9, 2014: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Mobility
Committee
January 12, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Traffic
Safety Commission
January 13, 2015: Presentation of update on the implementation of the
system, the resulting proposed changes to the current Mobility Plan tha
Fees, and street sections options conforming to context sensitive solutions.
FISCAL INFORMATION
N/A
BID INFORMATION
N/A
EXHIBIT
Exhibit 1 Mobility Plan Presentation
Travel Demand Model of the Denton roadway
t are necessary to implement the Road Impact
Respectfully submitted:
P.S. Arora
Division Manager
City of Denton Page 3 of 3 Printed on 3/19/2015
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -134, Version: 1
DEPARTMENT:
CM /ACM:
DATE:
Police
Jon Fortune
March 24, 2015
Legislation Text
Agenda Information Sheet
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding delivery trucks stopping in the roadway
on the Downtown Square.
BACKGROUND
In several areas of the city, particularly in retail hubs like the Downtown Square and near Fry Street, it is not
uncommon to see delivery trucks stopped in a traffic lane to load /unload merchandise. The presence of these
vehicles typically requires other motorists to change lanes to avoid the stopped vehicle, which results in a
temporary road hazard and some traffic delays. On the Downtown Square, the stopped vehicles also block the
path of motorists trying to back out of angled parking spaces. While these delays are relatively short in
duration, they are frustrating for motorists.
While the practice is disruptive and frustrating, it does not appear to be readily dangerous. In a Police
Department study of downtown traffic crashes from 2009 - 2013, 16% of the 140 total crashes were factored
for "backing without safety." However, none of these crashes were reported to have involved delivery vehicles
stopped in the roadway. Similarly, 15% of the crashes were factored for "unsafe lane change ", with none
detailing information related to a delivery vehicle being stopped in the road. It is possible that these vehicles
could contribute to a crash, but there was no specific documentation to that effect during the study's timeframe.
One possible explanation could be that motorists and pedestrians have accepted the presence of these vehicles
and have adjusted their behavior accordingly to avoid crashes.
The basic design and infrastructure of the buildings on the Square are primarily responsible for the continued
practice of the delivery trucks stopping in the road. Unlike a typical business building, the vast majority of the
businesses along the Square have zero lot lines and no off - street parking. There are no readily accessible areas
on or near the Square where on- street loading zones could be established. In 1998, the City created on- street
loading zones in the Fry Street area in conjunction with the Fry Street Small Area Plan. The intent was to
provide a way for delivery trucks to park near businesses but not block traffic lanes. The zones were initially
used by some companies, but eventually abandoned due to convenience and the lack of enforcement authority
(see below) to mandate the practice. The only available parking lots in the area are not convenient to the
businesses of the Square. The presence of trucks in these few lots is also disruptive to citizens and patrons of
the area businesses. To further complicate the issue, many of the buildings in this area are not designed to
receive deliveries in the rear of the business. Most lack a loading dock designed for a truck, and many lack the
physical means for a dolly, hand truck or similar device to bring packages into the rear of the business. In
City of Denton Page 1 of 2 Printed on 3/19/2015
File M ID 15 -134, Version: 1
addition, parking a delivery truck in the single lane of travel on one of the outer streets of the Square increases
the danger to other motorists, as vehicles would be forced into on- coming traffic to move around a parked
truck. Given the overall circumstances, delivery vehicles stopped temporarily in the road is likely the better of
the available choices.
Legal Parameters
The Texas Transportation Code provides guidance for this practice is several areas. Chapter 541.401 (6)
provides a definition for parking:
"Park or parking means to stand (halt) an occupied or unoccupied vehicle, other than temporarily
while loading or unloading merchandise or passengers. "
Chapter 545.302 - Stopping, Standing, or Parking Prohibited in Certain Places details the various restrictions
on parking. Section (c) of this chapter includes an exception to "temporarily load or unload merchandise or
passengers. " The Transportation Code does not provide a definition of "temporarily" as it relates to these
provisions. In short, the practice of stopping temporarily in the road to unload merchandise is legally
authorized. While there may be some area to explore as it relates to a local definition of "temporarily" or to
ascertain a reasonable amount of time required to unload merchandise, such an endeavor would be difficult to
establish and even harder to enforce. As it stands, most delivery companies value prompt service and prefer
their employees to make their delivery rounds expeditiously.
The most likely of options to reduce the impact of this practice on the flow of traffic would be to enlist the help
and cooperation of the local businesses. Where possible, if local businesses worked with their delivery
companies to schedule deliveries for less -busy traffic times and to limit the amount of time spent on loading
and receiving merchandise, it could provide a way to lessen the overall effect.
RECOMMENDATION
Staff recommends a continued effort to enlist the help of local business owners in scheduling deliveries at
lower traffic times, and actively working to lower /limit the time delivery drivers spend at each business.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
Respectfully submitted:
Lee Howell
Chief of Police
Prepared by:
Scott Fletcher
Deputy Chief
City of Denton Page 2 of 2 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -191, Version: 1
DEPARTMENT:
CM /ACM:
DATE:
Police
John Cabrales
March 24, 2015
Legislation Text
Agenda Information Sheet
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the regulation of fees for the
nonconsensual towing of vehicles from private property.
BACKGROUND
The State of Texas regulates towing companies through the Texas Towing and Booting Act located in Title 14,
Chapter 2308 of the Texas Occupations Code. Similarly, the State regulates vehicle storage facilities (VSF)
pursuant to Chapter 2303 of the Occupations Code. Under the provisions of both chapters, the Texas
Department of Licensing and Regulation (TDLR) is authorized to issue and enforce rules regarding the towing
and storage of vehicles. Included in the rules that have been established for towing and storage of vehicles are:
1) Minimum insurance requirements for towing companies and vehicle storage facilities.
2) Licensing and permitting requirements for towing companies and vehicle storage facilities.
3) Requirements for tow truck drivers, including licensing, drug and alcohol testing, and criminal
background checks.
4) Provisions for some local regulation of towing fees.
5) Requirements for specific signage for towing from private parking lots.
6) Establishment of hearings in Justice of the Peace Courts for towing issues.
7) Limitations on fees for incident management and private property nonconsensual tows.
8) Requirements for itemized towing and storage tickets.
9) Limitations on fees charged by vehicle storage facilities.
10) Requirements for the operation of vehicle storage facilities.
TDLR has a complaint resolution process that includes an on -line portal for filing complaints related to towing
and /or vehicle storage issues. TDLR conducts investigations and can assess penalties and sanctions against
individuals and companies for violations of the law or TDLR rules.
Nonconsensual Tows
Nonconsensual towing is defined as the removal of a vehicle by tow truck without the consent of the vehicle's
owner. Under State law, there are two legal ways that nonconsensual towing can occur: Police initiated
(incident management) tows and private property tows. A tow truck operator must possess a license through
TDLR that specifically allows them to perform non consent tows.
City of Denton Page 1 of 5 Printed on 3/19/2015
File M ID 15 -191, Version: 1
Police initiated tows are typically done on vehicles that are disabled, damaged in a vehicle crash, or otherwise
left in a position that creates an immediate hazard to traffic on a roadway. Other police initiated tows are
performed on vehicles subsequent to the arrest of the driver. Police initiated tows are regulated locally through
the provisions of Chapter 23, Article IV of the City's Code of Ordinances. The City establishes a rotation list of
towing companies that apply to perform these tows and meet the City's requirements. Chapter 23 requires that
towing companies on the rotation list apply for and receive a city towing permit. Towing companies that
perform police- initiated tows must have a place of business inside the city limits. Further, the tow company
must take the vehicle to a licensed vehicle storage facility that is located within the city limits.
Private property tows are authorized by the owner or manager of the property, including multifamily residential
properties and retail parking lots. Property owners that want to have a vehicle removed without the consent of
the vehicle's owner must have the required signage posted on the property at least 24 hours in advance of the
tow. Signage requirements are established by TDLR and located in the Texas Occupations Code in sections
2308.301 - 2308.305. The property owner can legally enter into contract with a licensed towing company to
have the property monitored and to have vehicles parked there without owner authorization removed. The City
of Denton does not provide any regulation of private property towing companies. Under the provisions of the
Occupations Code, a political subdivision can require the registration and /or the permitting of a tow truck that
performs private property tows in that subdivision, even if the owner of the tow truck has a place of business
outside of the political subdivision boundaries. Vehicle storage facilities (VSF) that receive a vehicle from a
private property non - consent tow inside the city limits are required to report the tow within two (2) hours to the
Police Department. These tows are documented and used to assist citizens who call the Police Department to
report a missing /stolen vehicle. Staff examined private property non - consent tows that occurred in the City
from 2/1/12 through 1/31/15. These numbers were taken directly from Police Department records, and are
exclusive of repossessions of vehicles by owners or financial /lending institutions. The chart below provides a
breakdown of the tows by year and reported towing service.
Private Property Non - Consent Tows
Wrecker Cc
2012
2013
2014
Wrecker Cc
2012
2013
2014
Akers
47
62
25
Motorsport
13
12
6
All City Tow
0
1
0
On The Roa
2255
1980
1776
A Plus Towi
2
0
0
Prestige M
1
0
0
Archer Tow
0
1
0
Pro Tow
132
141
49
Bob's Towir
735
405
92
Ron's Towir
10
14
1
Brad's Towi
1
0
0
Signature T 1
O
1
0
E.J.'s Towin
315
206
144
Southwest j
0
0
102
Excalibur
0
9
0
Stan's Towi
605
437
82
Extreme To
33
5
3
Texas Impo
0
2717
3538
Insta -tune
1
0
0
Two Steppi
24
10
13
Jordan Tow
1
0
United Tow
0
6
0
LW's Towin
2
0
0
University 114
0
0
Mike's Tow
J2
0
0
Yearly Tota
4192
6008
5831
City of Denton Page 2 of 5 Printed on 3/19/2015
File #: ID 15 -191, Version: 1
Towing Fees
The City of Denton regulates the fees that may be charged for towing and storage of vehicles related to police -
initiated tows. Chapter 18 -104 of the Code of Ordinances establishes the amounts and types of charges allowed
for these services. The City does not currently regulate the fees charged for private property towing.
Maximum private property tow fees are established in Texas Administrative Code, Chapter 16 Section 86.455.
This section sets the maximum fees that can be charged for towing vehicles based on the vehicle's gross weight
rating. While there are no current local ordinances governing private property tows, there is a provision in
Chapter 2308 of the Occupations that allows for municipalities to establish fees for private property tows at a
lower rate than those in Section 86.455. If a municipality chooses to enact lower private property towing rates,
the municipality is also required to include provisions to allow a towing company to request a fee study.
Further, the municipality must establish the allowable fees for non - consent tows that represent the fair value of
the services of a towing company and are reasonably related to any financial or accounting information
provided to the governing body. By law, TDLR commissions a study on private property tow fees once every
two (2) years. This study examines tow studies conducted by municipalities in the State, and analyzes the cost
of towing services by company, the consumer price index, the geographic area, and individual cost
components. Following one of these studies and a series of hearings, TDLR adopted new maximum private
property tow rates on March 1, 2015.
Vehicle Storage Facility Fees
Maximum fees that may be charged by a licensed Vehicle Storage Facility are established in Chapter 2030 of
the Texas Occupations Code. A licensed facility is authorized to charge a one -time impoundment fee of $20, a
daily storage fee of not less than $5 or more than $20, and a one -time notification fee of up to $50. The facility
may also charge any fees related to the towing of the vehicle as outlined in chapter 2308. There are additional
charges that may be authorized related to biohazard and other hazardous material issues.
Other Municipal Fee Regulation
While the vast majorities of political subdivisions in the State of Texas do not regulate private property tow
fees, there are several that set rates below the State maximum. A small minority of those that regulate tow fees
also set lower limits on vehicle storage facility fees. The authority for local regulation of Vehicle Storage
Facility Fees is not clear in chapter 2303. Several municipalities also establish a "drop fee" by ordinance. A
drop fee is defined as the maximum fee that may be charged for the release of a vehicle before its removal from
the property or parked location (if the vehicle is hooked up). Some municipalities establish a specific drop fee
amount, while others establish it as a percentage of the standard tow fee. The following chart provides a
depiction of the current State maximum fees and the available municipal fees for private property tows and
vehicle storage facilities.
City of Denton Page 3 of 5 Printed on 3/19/2015
Towing Fees
Vehicle Storage Fees
Municipality
Light Duty
Drop Fee
Storage
Fee
Impound
Fee
Notificat
Fee
Corpus Christi'
$115
$50
$20
$20
$50
City of Denton Page 3 of 5 Printed on 3/19/2015
File #: ID 15 -191, Version: 1
Wichita Falls
$90
n/a
$20
$20
$50
San Marcos
$75
$50
$20
$20
$50
Austin
$150
$50
$20
$20
$50
Haltom Cityz
$95
$38
$20
$20
$50
Richland Hills
$120
n/a
$15
$20
$32
San Anton iO3
$177
$89
$20
$20
$50
Houston
$160
n/a
$15
$20
$50
Nacogdoches3
$150
$75
$20
$20
$50
Amarillo3
$175
$88
$20
$20
$50
Bryan
$125
$50
$20
$20
$50
Addison2
$95
$38
$20
$20
$50
Average
$127
$59
$19
$20
$49
State Maximum3
$255
$128
$20
$20
$50
1- Corpus Christi allows for additional labor that increases the fee to $145
Z -Drop fee is 40% of standard tow fee
s - Drop fee is 50% of standard tow fee
OPTIONS
The City has the authority to set private property fees at a rate lower than the State maximum. As stated above,
the fees must represent the fair value of the services of a towing company and have to be reasonably related to
financial or accounting information for the towing companies. If the City chooses to set private property fees, it
will require the performance of a fee study to set the rates. Subsequently, the City will need to establish
provisions to conduct future fee studies. Several municipalities that regulate these fees provide a means for tow
companies to request the study in 2 year increments. They also require payment by the requesting firm(s) to
help cover the cost of the study.
The City also has the ability to require the registration and /or permitting of towing trucks performing private
property non - consent tows in the city limits. The fee for this permit is limited by law to a maximum of $15. The
City could easily extend the majority of the insurance and registration requirements already outlined in the
ordinance for police- initiated tows.
The City could also establish a stronger presence in monitoring and enforcing the other (non -fee) provisions of
the Towing Act, such as inspection of signage and providing assistance to citizens with requesting tow hearings
and filing complaints with TDLR. There is no current monitoring or enforcement of towing signage by City
employees. Violations of any provisions of the Towing Act or TDLR rules are made directly to TDLR by the
complainant.
RECOMMENDATION
City of Denton Page 4 of 5 Printed on 3/19/2015
File #: ID 15 -191, Version: 1
Staff recommends the following items regarding private property towing in the City of Denton:
1) Creation and adoption of a comprehensive Towing Ordinance - this ordinance would incorporate the
existing regulations on police- initiated towing and be expanded to cover private property non - consent
towing. The ordinance should include provisions for the following, to the extent authorized and allowed
under the Texas Occupations Code and other State regulations:
a. Registration of tow trucks performing private property non - consent towing.
b. Insurance requirements for tow trucks performing private property non - consent tows.
c. Equipment requirements for tow trucks.
d. Criminal background checks for tow truck drivers operating within the city limits.
e. Signage requirements for private property non - consent tows.
f. Maximum fee rates for all non - consent tows.
g. Requirements for periodic fee studies for non - consent tows.
h. Requirements that private property non - consent tow vehicles be taken to a licensed vehicle
storage facility (VSF) within the city limits.
i. Requirement for a property owner or representative (not employed or affiliated with a towing
service) be present at the time and authorize the non - consent towing of a vehicle from private
property.
2) Establishment of an Ad Hoc Towing Committee - this committee of appointed citizens and (ex- officio)
representatives of the towing industry would work with staff to develop the comprehensive towing
ordinance outlined above and make a formal recommendation to City Council.
3) Creation of a "Towing Bill of Rights" - this document (written and electronic) would detail the various
courses of action available to a person who has had their vehicle towed, including contact information
for reporting violations, requesting tow hearings, current towing and storage fees, links to pertinent
towing regulations, and a link to file an on -line complaint with TDLR.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Citizen Presentation - City Council Meeting - 03/03/15
FISCAL INFORMATION
While there will be some necessary use of staff time in the development and enforcement of the proposed
changes, there is no measurable negative fiscal impact to the City related to the majority of the recommended
ordinance changes. Depending on the structure, there could be some cost associated with performing the fee
studies. Many municipalities require some amount of payment from the requesting tow services to defray or
cover the cost of the studies. Should the Council choose to require tow trucks be permitted for private property
non - consent tows, the State authorizes an annual registration fee of up to $15 per truck. There would be a
nominal amount of revenue generated from this permit process.
Respectfully submitted:
Lee Howell
Chief of Police
Prepared by:
Scott Fletcher
Deputy Chief
City of Denton Page 5 of 5 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -247, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM: George Campbell
Date: March 24, 2015
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an amendment to the membership of the
Economic Development Partnership Board.
BACKGROUND
The Economic Development Partnership (EDP) Board was established on August 19, 2003 (Ordinance No.
2003 -258) following the development of the first Economic Development Strategic Plan by consultant TIP
Strategies. The EDP Board is responsible for implementation of the current Economic Development Strategic
Plan; making recommendations regarding both City and Chamber economic development annual action plans
and budgets; and reviewing prospect incentive packages and making recommendations to City Council.
The EDP Board Ordinance was amended to include an aviation representative on March 1, 2011 (Ordinance
No. 2011 -042) and again on January 7, 2014 to include the Denton Independent School District Superintendent
as an ex- officio member (Ordinance No. 2014 -009).
The EDP Board has considered a variety of options over the last several months to add diversity to the board
membership. The original proposal was suggested by Mayor Watts to add a representative from the Black
Chamber of Commerce and a representative from the Hispanic Chamber of Commerce (Exhibit A - Option 1).
Ultimately, the EDP Board made a recommendation for an alternate option that adds two at -large members
while taking nominations from the Black and Hispanic Chambers of Commerce and considering the ethnic,
racial, and gender diversity objectives of the City Council (Exhibit B - Option 2).
PRIOR ACTION/REVIEW
The EDP Board discussed this item on August 12, 2014; September 9, 2014; February 3, 2015; and February
10, 2015.
On February 10, 2015, the EDP Board recommended approval (9 -0) of Option 2 for an amendment to the EDP
Ordinance.
FISCAL INFORMATION
There will be no fiscal impact as a result of this Amendment. This Ordinance documents the addition of two
members to the Board and repeals all conflicting Ordinances.
City of Denton Page 1 of 2 Printed on 3/19/2015
File M ID 15 -247, Version: 1
EXHIBITS
Exhibit 1 - Option 1 with highlighted changes
Exhibit 2 - Option 2 with highlighted changes
Respectfully submitted:
Aimee Bissett
Economic Development Director
City of Denton Page 2 of 2 Printed on 3/19/2015
Exhibit A - Option 1 with highlighted changes
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003 -258, AS AMENDED BY
ORDINANCE NO. 2011 -042 AND ORDINANCE NO. 2014 -009, RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ( "THE BOARD ") TO ADD TO THE
MEMBERSHIP OF THE BOARD; REPEALING ALL CONFLICTING ORDINANCES AND
PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has expressed the intent to
diversify the Economic Development Partnership Board, it is in the public interest to modify the
membership of the Economic Development Partnership Board to include participation of the
Black Chamber of Commerce and the Hispanic Chamber of Commerce; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2 -251 of Ordinance No. 2003 -258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2 -251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board "). The Board shall consist of eleven members.
The nine board members currently serving shall serve as originally appointed. The members, as
described in Sec. 2 -251 C (7) below, shall be appointed to serve effective in 2015. These two
members shall draw straws to determine wliicli will serve an initial one year term and wliicli will
serve an initial two year term. Thereafter, six members shall be appointed for a two -year term in
even numbered years and five members shall be appointed for a two -year term in the odd
numbered years. No member shall serve more than three consecutive terms except for the
President of the University of North Texas ( "UNT "), or his designee, who may serve unlimited
terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Denton Chamber of Commerce
( "Chamber ") member to act as a nominating committee (the "Committee "). The Committee
members are qualified for appointment to the Board. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
Exhibit A - Option 1 with highlighted changes
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Denton Chamber of
Commerce Board of Directors ( "Chamber Board ") at the time of their
appointment to their original term. They may serve out all three terms,
even if they are no longer members of the Chamber Board after the
original appointment as long as they continuously serve throughout the
three terms. They must reside or work in the City of Denton. The
Chamber Board will recommend the two nominees for consideration by
the Committee and the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation -
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
Page 2
Exhibit A - Option 1 with highlighted changes
8. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non - voting
members of the Board.
SECTION 3. This Ordinance amends Ordinance No. 2003 -258, Ordinance 2011 -042,
and Ordinance 2014 -009 and supercedes and repeals any provision of those ordinances, or any
other, in conflict herewith.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
: •
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 3
CHRIS WATTS, MAYOR
Exhibit B - Option 2 with highlighted changes
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003 -258, AS AMENDED BY
ORDINANCE NO. 2011 -042 AND ORDINANCE NO. 2014 -009, RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ( "THE BOARD ") TO ADD TO THE
MEMBERSHIP OF THE BOARD; REPEALING ALL CONFLICTING ORDINANCES AND
PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has expressed the intent to
diversify the Economic Development Partnership Board, it is in the public interest to modify the
membership of the Economic Development Partnership Board to include participation of the
Black Chamber of Commerce and the Hispanic Chamber of Commerce; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2 -251 of Ordinance No. 2003 -258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2 -251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board "). The Board shall consist of eleven members.
The nine board members currently serving shall serve as originally appointed. Two new
members, hereby added as "at large" members in Sec. 2 -251 C (6) below, shall be appointed to
serve effective in 2015. These two members shall draw straws to determine wllicli will serve an
initial one year term and wliicli will serve an initial two year term. Thereafter, six members shall
be appointed for a two -year term in even numbered years and five members shall be appointed
for a two -year term in the odd numbered years. No member shall serve more than three
consecutive terms except for the President of the University of North Texas ( "UNT "), or his
designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Denton Chamber of Commerce
( "Chamber ") member to act as a nominating committee (the "Committee "). The Committee
members are qualified for appointment to the Board. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
Exhibit B - Option 2 with highlighted changes
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Denton Chamber of
Commerce Board of Directors ( "Chamber Board ") at the time of their
appointment to their original term. They may serve out all three terms,
even if they are no longer members of the Chamber Board after the
original appointment as long as they continuously serve throughout the
three terms. They must reside or work in the City of Denton. The
Chamber Board will recommend the two nominees for consideration by
the Committee and the City Council.
3. Two members will be, or be employed by a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation -
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. Three members will be citizens of the City of Denton who, in the
discretion of the City Council, have specific knowledge skills and abilities
to assist in all or any one of the functions and responsibilities of the
Economic Development Partnership Board.
Page 2
Exhibit B - Option 2 with highlighted changes
7. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non - voting
members of the Board.
SECTION 3. This Ordinance amends Ordinance No. 2003 -258, Ordinance 2011 -042,
and Ordinance 2014 -009 and supercedes and repeals any provision of those ordinances, or any
other, in conflict herewith.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ffig
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 3
CHRIS WATTS, MAYOR
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: , Version: 1
Agenda Information Sheet
SUBJECT
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.
City of Denton Page 1 of 1 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -222, Version: 1
Agenda Information Sheet
SUBJECT
Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with
Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the
acquisition of real property interests located in the Morreau Forrest Survey, Abstract Number 417, located
generally in the 200 block of North Mayhill Road, City of Denton, Denton County, Texas. Consultation with
the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property
interests 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 the 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 proceeding or potential litigation. ( Mayhill Road Widening and Improvements project - Parcel
M085 - CCBV, LLC)
City of Denton Page 1 of 1 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -238, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys litigation styled In re: Arsenal Minerals and Royalty, et
al. v. City of Denton; cause number 4:14 -cv- 00639, currently pending in the US District Court, Eastern District
Sherman Division where a public discussion of these legal matters would conflict with the duty of the City's
attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
Legislation Text
File #: ID 15 -234, Version: 1
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the
current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and
production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations,
statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of
federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; current
and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory
authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement
matters concerning gas well drilling in the City; surface development issues involving surface and mineral
estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry
Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D- 1- GN -14- 004628
currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of
Denton, Cause No. 14- 09833 -431 currently pending in the 431st District Court of Denton County regarding
hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's
attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 3/19/2015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 15 -248, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Economic Development
CM/ ACM: George Campbell
Date: March 24, 2015
SUBJECT
Consider adoption of an ordinance amending Ordinance No. 2003 -258, as amended by Ordinance No. 2011-
042 and Ordinance No. 2014 -009, relating to the Economic Development Partnership Board ( "the Board ") to
add to the membership of the Board; repealing all conflicting ordinances and portions thereof, and providing an
effective date.
BACKGROUND
The Economic Development Partnership (EDP) Board was established on August 19, 2003 (Ordinance No.
2003 -258) following the development of the first Economic Development Strategic Plan by consultant TIP
Strategies. The EDP Board is responsible for implementation of the current Economic Development Strategic
Plan; making recommendations regarding both City and Chamber economic development annual action plans
and budgets; and reviewing prospect incentive packages and making recommendations to City Council.
The EDP Board Ordinance was amended to include an aviation representative on March 1, 2011 (Ordinance
No. 2011 -042) and again on January 7, 2014 to include the Denton Independent School District Superintendent
as an ex- officio member (Ordinance No. 2014 -009).
The EDP Board has considered a variety of options over the last several months to add diversity to the board
membership. The original proposal was suggested by Mayor Watts to add a representative from the Black
Chamber of Commerce and a representative from the Hispanic Chamber of Commerce (Exhibit 1 - Option 1).
Ultimately, the EDP Board made a recommendation for an alternate option that adds two at -large members
while taking nominations from the Black and Hispanic Chambers of Commerce and considering the ethnic,
racial, and gender diversity objectives of the City Council (Exhibit 2 - Option 2).
PRIOR ACTION/REVIEW
The EDP Board discussed this item on August 12, 2014; September 9, 2014; February 3, 2015; and February
10, 2015.
On February 10, 2015, the EDP Board recommended approval (9 -0) of Option 2 for an amendment to the EDP
Ordinance.
FISCAL INFORMATION
There will be no fiscal impact as a result of this Amendment. This Ordinance documents the addition of two
City of Denton Page 1 of 2 Printed on 3/19/2015
File M ID 15 -248, Version: 1
members to the Board and repeals all conflicting Ordinances.
EXHIBITS
Exhibit 1 -
Option 1
Exhibit 2 -
Option 2
Exhibit 3 -
Ordinance 2003 -258
Exhibit 4 -
Ordinance 2011 -042
Exhibit 5 -
Ordinance 2014 -009
Respectfully submitted:
Aimee Bissett
Economic Development Director
City of Denton Page 2 of 2 Printed on 3/19/2015
sAlegal\our doctunents\ordinances\ I 5\edp ordinance option I.docx
Exhibit A - Option I
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258, AS AMENDED BY
ORDINANCE NO. 2011-042 AND ORDINANCE NO. 2014-009, RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ("'THE BOARD") TO ADD -rOTI-IE
MEMBERSHIP OF THE BOARD; REPEALING ALL CONFLIC"I"ING ORDINANCES AND
PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has expressed the intent to
diversify the Economic Development Partnership Board, it is in the public interest to modify the
membership of the Economic Development Partnership Board to include participation of the
Black Chamber of Commerce and the Hispanic Chamber of Commerce; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
See. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board"). The Board shall consist of eleven members.
The nine board members currently serving shall serve as originally appointed. The members, as
described in Sec. 2-251 C (7) below, shall be appointed to serve effective in 2015. These two
members shall draw straws to determine which will serve an initial one year term and which will
serve an initial two year ten-n. Thereafter, six members shall be appointed for a two-year term in
even numbered years and five members shall be appointed for a two-year term in the odd
numbered years. No member shall serve more than three consecutive terms except for the
President of the University of North Texas ("UNT"), or his designee, who may serve unlimited
terms.
B. 'The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Denton Chamber of Commerce
("Chamber") member to act as a nominating committee (the "Committee"). The Committee
members are qualified for appointment to the Board. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
sAlegaMur documents\ordinances\1 5\edp ordinance option Ldoex
Exhibit A - Option I
Committee will solicit recommendations from the Denton Chamber Board of Directors, the
President of UNT, and the Black and Hispanic Chamber Boards of Directors. If any such
nomination is not submitted, the Committee will consider the racial, ethnic, and gender diversity
objectives of the City Council when making its nomination recommendations to the City
Council. After evaluating the recommended nominees the Committee will present to the City
Council a slate of Board nominees for City Council consideration.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. 'Two members of the Board shall be members of the Denton Chamber of
Commerce Board of Directors ("Chamber Board") at the time of their
appointment to their original term. They may serve out all three terms,
even if they are no longer members of the Chamber Board after the
original appointment as long as they continuously serve throughout the
three terms. 'They must reside or work in the City oil' Denton. 'The
Chamber Board will recommend the two nominees for consideration by
the Committee and the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
S. One member will have knowledge or experience in general aviation-
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
Page 2
sAlegal\our documents\ordinances\1 5\edp ordinance option I.docx
Exhibit A - Option I
7. With the intent to enhance the diversity of the Board, one nominee shall be
a representative nominated by the Black Chamber Board of Directors and
one nominee shall be a representative nominated by the Hispanic Chamber
Board of Directors. If a nomination is not made by either one of these
Boards, the Committee and the City Council shall consider the racial,
ethnic, and gender diversity of the Board as well as the knowledge, skills,
and abilities of the nominees to assist in all or any one of the functions of
the Economic Development Partnership Board when making selections.
'These members must reside or work in the City of Denton.
8. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non-voting
members of the Board.
SECTION 2. This Ordinance amends Ordinance No. 2003-258, Ordinance 2011-042,
and Ordinance 2014-009 and supersedes and repeals any provision of those ordinances, or any
other, in conflict herewith.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Nom
APPROVED AS TO LEGAL, FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 3
CHRIS WATTS, MAYOR
sAlegakour docurnents\ordinances\1 5\edp ordinance option 2.docx
Exhibit B - Option 2
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258, AS AMENDED BY
ORDINANCE NO. 2011-042 AND ORDINANCE NO, 2014-009, RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ("THE BOARD") TO ADD TO THE
MEMBERSHIP OF "THE BOARD; REPEALING ALL CONFLICTING ORDINANCES AND
PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has expressed the intent to
diversify the Economic Development Partnership Board, it is in the public interest to modify the
membership of the Economic Development Partnership Board to include participation of the
Black Chamber of Commerce and the Hispanic Chamber of Commerce; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON I IEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
See. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board"). The Board shall consist of eleven members.
The nine board members currently serving shall serve as originally appointed. 'Two new
members, hereby added as "at large" members in Sec. 2-251 C (6) below, shall be appointed to
serve effective in 2015. These two members shall draw straws to determine which will serve an
initial one year term and which will serve an initial two year term. Thereafter, six members shall
be appointed for a two-year term in even numbered years and five members shall be appointed
for a two-year term in the odd numbered years. No member shall serve more than three
consecutive terms except for the President of the University of North Texas ("UNT"), or his
designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. 'To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Denton Chamber of Commerce
("Chamber") member to act as a nominating committee (the "Committee"). The Committee
members are qualified for appointment to the Board. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
sAlegakour documents\ordinances\15\edp ordinance option 2.docx
Exhibit B - Option 2
Committee will solicit recommendations from the Denton Chamber Board of Directors, the
President of UNT, and the Black and Hispanic Chamber Boards of Directors. If any such
nomination is not submitted, the Committee and the City Council will consider the racial, ethnic,
and gender diversity of the community as well as the knowledge, skills, and abilities of the
nominees to assist in all or any one of the functions of the Economic Development Partnership
Board when making its selections. After evaluating the recommended nominees the Committee
will present to the City Council a slate of Board nominees for City Council consideration.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. 'Two members of the Board shall be members of the Denton Chamber of
Commerce Board of Directors ("Chamber Board") at the time of their
appointment to their original term. They may serve out all three terms,
even if they are no longer members of the Chamber Board after the
original appointment as long as they continuously serve throughout the
three terms. 'They must reside or work in the City of Denton. The
Chamber Board will recommend the two nominees for consideration by
the Committee and the City Council.
3. Two members will be, or be employed by a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City ol.'Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. one member will have knowledge or experience in general aviation-
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. Three members will be citizens of the City of Denton who, in the
discretion of the City Council, have specific knowledge skills and abilities
to assist in all or any one of the functions and responsibilities of the
Economic Development Partnership Board.
Page 2
sAlegakour documents\ordinances\1 5\edp ordinance option 2,doex
Exhibit B - Option 2
7. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non-voting
members of the Board.
SECTION 2. This Ordinance amends Ordinance No. 2003-258, Ordinance 2011-042,
and Ordinance 2014-009 and supersedes and repeals any provision of those ordinances, or any
other, in conflict herewith.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CHRIS WATTS, MAYOR
Page 3
U
Exhibit C - Ordinance 2003-258
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING AN
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of City of Denton, Texas has determined that it is
beneficial and in the public interest to establish an Economic Development Partnership
Board to provide economic development policy guidance for the City; NOW,
THEREFORE-;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. Findings.
The findings contained in the preamble of this ordinance are incorporated into the
body of this Ordinance.
SECTION 2, The Code of Ordinances of the City of Denton is hereby amended
to add Article IX of Chapter 2 to read as follows:
0 ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOA1401
See. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton
Economic Development Partnership Board (the "Board"). The Board shall consist of
seven members, The board members shall be appointed for two-year terms except that
four members shall only serve a one-year term for their first term. Thereafter, four
members shall be appointed for a two-year term in the even numbered years and three
members shall be appointed for a two-year term in the odd numbered years. No member
shall serve more than three consecutive terms except for the President of the University
of North Texas ("UNT"), or his designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve
at the City Council's pleasure. To aid the City Council in making appointments to the
Board the City Council will appoint two City Council members and one Chamber of
Commerce ("Chamber") member to act as a nominating committee (the "Committee").
The Committee members are qualified for appointment to the Board. The City Manager
and President of the Chamber will serve as ad hoc non-voting members of the
Committee, The Committee will solicit nominations, contact nominees to relate duties
and responsibilities and to confirm willingness to serve, The Board will solicit
recommendations from the Chamber Board of Directors and the President of UNT. After
evaluating the recommended nominees the Committee will present to the City Council a
slate of Board nominees for City Council approval.
11
17
Exhibit C - Ordinance 2003-258
C. Notwithstanding anything contained herein to the contrary the
membership make-up of the Board shall consist of the following
Two members of the Board shall be City Council members at the
time of their appointment to their original term. They may serve
out all three terms, even if they are no longer members of the City
Council after the original appointment as long as they continuously
serve throughout the three terms. They must be residents of the
City of Denton.
2. Two members of the Board shall be members of the Chamber
Board of Directors ("Chamber Board") at the time of their
appointment to their original term. They may serve out all three
terms, even if they are no longer members of the Chamber Board
after the original appointment as long as they continuously serve
throughout the three terms. They must reside or work in the City of
Denton, The Chamber Board will recommend the two nominees
for consideration by the Committee and approval by the City
Council.
3 Two members will be, or be employed by, a top twenty City of
Denton ad valorem or sales tax payer. Such members must reside
or work in the City of Denton.
4. One member will be the President of UNT or a UNT faculty or
staff member designated by the President. Such member need not
reside in the City of Denton and is not restricted to the three term
limits. However, such member must be appointed by the City
Council for each term.
D. The Board shall elect its chairperson and vice-chairperson from among its
members who shall serve for one-year terms or until his or her successor is elected or
qualified. The Board may remove and re-elect a chairperson or vice - chairperson at
anytime with an affinnative vote of at least five members.
E. The Denton City Manager and the Chamber President shall be ex-officio
members of the Board.
F. Board members shall serve without compensation. Board members may be
allowed ovit-of-pocket expenses for activities performed in furtherance of their duties to
the Board. Such expenses must be pre-approved by the City Manager if paid for out of
City funds, or the Chamber President if paid for out of Chamber funds.
0 Page 2
S:\Our Documents4Ordinanccs\03\EDP Ordinance.doc
17
Exhibit C - Ordinance 2003-258
See. 2-252. Meetings.
The Board shall meet on a regular basis and no less than on a quarterly basis.
Monthly meetings are encouraged. The chairperson, vice-chairperson or any three Board
members may call any regular or special meeting. Notice of the meetings shall be posted
and conducted in accordance with the Texas Open Meetings law, being Chapter 551 of
the Government Code, as amended. A majority of the qualified voting members of the
Board shall constitute a quorum for the transaction of business at any meeting of the
Board. The act of a majority of the qualified voting members of the Board present at a
meeting at which a quorum is present shall be the act of the Board.
See. 2-253. Rules of Procedure.
The Board shall adopt rules of procedure governing the operation of the Board
incorporating Sections 2, 3, 5, and 7 of City Council Rules of Procedure insofar as it is
possible.
See. 2-254. Duties and Responsibilities of the Board.
The role of the Board is to provide economic development policy guidance, The
Board may make recommendations to the City Council and Chamber, The Boards duties
include:
A. The Board will implement Denton's Economic Development Action Plan
which includes the implementation of specific projects, The Board may
create committees or task forces consisting of Board members and/or non-
Board members to assist with the implementation of projects or activities.
Committee task force chairpersons shall be appointed by the Board and
will serve at the pleasure of the Board.
B. The Board will be responsible for designing economic development
incentive policies and recommending those policies to the City Council for
adoption. These policies may include tax abatement, Chapter 380
agreements, infrastructure assistance, etc. In making any
recommendations the Board shall comply with applicable law. It will be
the Board's responsibility to review policies of other cities and to be
informed as to legislative changes affecting state and local incentive
programs.
C, The Board shall act as the recommending body to the City Council for
specific project economic development incentives authorized by law,
including without limitation tax abatements and incentives authorized
under Chapter 312 of the Tax Code, economic development agreements
authorized under Chapter 380 of the Local Government Code, and public
improvement districts authorized under Chapter 372 of the Local
Page 3
SA0ur Docurncnts\0rdinances\03\EDP Ordinance.doc
17
Exhibit C - Ordinance 2003-258
Government Code. However, utility incentives based on thresholds, such
as the Electric Utility Industrial Development Rider and the
Water/Wastewater Plan Line Extension may be made without Board
review or recommendation. Nothing herein shall be construed so as to
invalidate an economic development incentive authorized by the City
Council or Chamber that did not receive a recommendation from the
Board.
D. The Board will review and recommend both the City and Chamber annual
economic development budgets. These recommendations will be made to
the City Manager and Chamber President for inclusion in the overall City
and Chamber budgets.
E. The Board will review and recommend the annual work plans for the City
and Chamber economic development programs. Work plans must be
consistent with the annual budgets.
SECTION 3. This ordinance supercedes any provision in any City ordinance that
is conflict with this ordinance including without limitation Section 2-61 of the Code of
Ordinances of the City of Denton.
SECTION 4. The Economic Development Partnership Board replaces the Joint
Committee on Tax Abatement (the " Joint Committee") and shall exercise all of the rights
and duties of the Joint Committee. The Joint Committee is hereby dissolved to be
effective from and after the appointment of the Board members, and they are qualified to
serve (the "Effective Date"). This shall not effect the validity of any action taken by the
Joint Committee prior to the Effective Date.
SECTION S. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the M4 day of 2003.
EULINE BROCK, MAYOR
11 MEMO
BY:'14
-Pacre 4
C�
S:\Our Documents\0rdinances\03\ED11 Ordinance.doc
\ \codad \departments\1ega1\our documents \ordinances\1 0 \edp amended ord.docx
Exhibit D - Ordinance 2011 -042
ORDINANCE NO. 2011 -042
AN ORDINANCE AMENDING ORDINANCE NO. 2003 -258 RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD (THE BOARD) TO ADD TO THE
MEMBERSHIP OF THE BOARD AND TO EXPAND THE DUTIES OF THE BOARD TO
INCLUDE BRANDING AND MARKETING FOR THE DENTON MUNICIPAL AIRPORT IN
SUPPORT OF THE DENTON AIRPORT 2010 BUSINESS PLAN AND TO FURTHER
INCLUDE DUTIES RELATED TO AIRPORT ECONOMIC DEVELOPMENT INCENTIVES;
REPEALING ALL CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to modify the Economic Development Partnership Board to encompass certain
responsibilities concerning the City of Denton Municipal Airport; and
WHEREAS, the City of Denton commissioned an Airport Business Plan study which was
approved by the Denton City Council on November 16, 2010, which Plan recommended the
modification of the Denton Airport governance structure to assist with vetting financial proposals
for the Airport, as well as providing policy input related to targeted marketing initiatives and
development; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2 -251 of Ordinance No. 2003 -258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2 -251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the `Board). The Board shall consist of nine members. The
seven board members currently serving shall serve as originally appointed. The member, as
described in Sec. 2 -251 C.(5) below, shall be appointed to serve until the City Council shall
make its 2012 board appointments. The member, as described in Sec. 2 -251 C.(6) below, shall
be appointed to serve until the City Council shall make its 2011 board appointments. Thereafter,
five members shall be appointed for a two -year term in the even numbered years and four
members shall be appointed for a two -year term in the odd numbered years. No member shall
Uodad\departmentsVegahour documents \ordinances \10 \edp amended ord.docx
Exhibit D - Ordinance 2011 -042
serve more than three consecutive terms except for the President of the University of North
Texas (UNT), or his designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Chamber of Commerce (`Chamber
member to act as a nominating committee (the "Committee. The Committee members are
qualified for appointment to the Board. The City Manager and President of the Chamber will
serve as ad hoc non - voting members of the Committee. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
Board will solicit recommendations from the Chamber Board of Directors and the President of
UNT. After evaluating the recommended nominees the Committee will present to the City
Council a slate of Board nominees for City Council approval.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Chamber Board of
Directors (`Chamber Board) at the time of their appointment to their
original term. They may serve out all three terms, even if they are no
longer members of the Chamber Board after the original appointment as
long as they continuously serve throughout the three terms. They must
reside or work in the City of Denton. The Chamber Board will
recommend the two nominees for consideration by the Committee and
approval by the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation -
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
Page 2
Uodad\departmentsVegaRour documents \ordinances \10 \edp amended ord.docx
Exhibit D - Ordinance 2011 -042
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
SECTION 2. Sec. 2 -254 is amended to add a section F. as follows:
Sec. 2 -254. Duties and Responsibilities of the Board.
F. The Board will review, consider and make recommendations to the Denton City
Council regarding Airport Branding and Marketing to support the implementation of the Denton
Airport 2010 Business Plan. The Board will review, consider and make recommendations to the
Denton City Council regarding Denton Municipal Airport incentive polices, as assigned by the
City Council or requested by the City Manager, and will act as a recommending body to the City
Council for specific airport economic development incentives, as assigned by the City Council or
requested by the City Manager and permitted by City and State law.
SECTION 3. This Ordinance amends Ordinance No. 2003 -258 and supercedes and
repeals any provision of that ordinance, or any other, in conflict herewith.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
E�
PASSED AND APPROVED this the J day of '2011. —&AM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B - " /f
AROVEE VAS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: JAA i
Page 3
\\codad\departmentsUegakour documents \ordinances \13 \edp amendment.doc
Exhibit E - Ordinance 2014 -009
ORDINANCE NO. 2014 -009
AN ORDINANCE AMENDING ORDINANCE NO. 2003 -258, AS AMENDED BY
ORDINANCE 2011 -042, RELATING TO THE ECONOMIC DEVELOPMENT
PARTNERSHIP BOARD ( "THE BOARD ")
BOARD; REPEALING ALL CONFLICTING
AND PROVIDING AN EFFECTIVE DATE.
TO ADD TO THE MEMBERSHIP OF THE
ORDINANCES AND PORTIONS THEREOF;
WHEREAS, the City Council of the City of Denton, Texas has determined that due to the
impact that economic development has upon the school district, it is in the public interest to
modify the membership of the Economic Development Partnership Board to include
participation of the Denton Independent School District; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2 -251 of Ordinance No. 2003 -258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2 -251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board "). The Board shall consist of nine members. The
seven board members currently serving shall serve as originally appointed. The member, as
described in Sec. 2 -251 C.(5) below, shall be appointed to serve until the City Council shall
make its 2012 board appointments. The member, as described in Sec. 2 -251 C.(6) below, shall
be appointed to serve until the City Council shall make its 2011 board appointments. Thereafter,
five members shall be appointed for a two -year term in the even numbered years and four
members shall be appointed for a two -year term in the odd numbered years. No member shall
serve more than three consecutive terms except for the President of the University of North
Texas ( "UNT "), or his designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Chamber of Commerce ( "Chamber ")
member to act as a nominating committee (the "Committee "). The Committee members are
qualified for appointment to the Board. The Committee will solicit nominations, contact
nominees to relate duties and responsibilities and to confirm willingness to serve. The Board will
Exhibit E - Ordinance 2014 -009
solicit recommendations from the Chamber Board of Directors and the President of UNT. After
evaluating the recommended nominees the Committee will present to the City Council a slate of
Board nominees for City Council approval.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Chamber Board of
Directors ( "Chamber Board ") at the time of their appointment to their
original term. They may serve out all three terms, even if they are no
longer members of the Chamber Board after the original appointment as
long as they continuously serve throughout the three terms. They must
reside or work in the City of Denton. The Chamber Board will
recommend the two nominees for consideration by the Committee and
approval by the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation -
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
7. The City Manager, the President of the Chamber, and the Superintendent
of the Denton Independent School District will serve as ad hoc non - voting
members of the Board.
;..
Exhibit E - Ordinance 2014 -009
SECTION 2. Sec. 2 -254 is amended to add a section F. as follows:
Sec. 2 -254. Duties and Responsibilities of the Board.
F. The Board will review, consider and make recommendations to the Denton City
Council regarding Airport Branding and Marketing to support the implementation of the Denton
Airport 2010 Business Plan. The Board will review, consider and make recommendations to the
Denton City Council regarding Denton Municipal Airport incentive polices, as assigned by the
City Council or requested by the City Manager, and will act as a recommending body to the City
Council for specific airport economic development incentives, as assigned by the City Council or
requested by the City Manager and permitted by City and State law.
SECTION 3. This Ordinance amends Ordinance No. 2003 -258 and Ordinance 2011 -042
supercedes and repeals any provision of that ordinance, or any other, in conflict herewith.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day y of '201
ATTEST:
JENNIFER WALTERS,, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,w.
BY:
Page 3
MARK A"'�-BUR 1 OUG1 -I , MAYOR
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: DCA14- 0009e, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM: Jon Fortune
Date: March 24, 2015
SUBJECT
Continue a public hearing and consider adoption of an ordinance amending Subchapters 5, 7, 16 and 22 of the
Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures;
amending Ordinance No. 2013 -248, relating to planning and development fees and road damage remediation
fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton
Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause;
providing a severability clause; providing for a penalty; and providing for an effective date (DCA14- 0009e).
The Planning and Zoning Commission recommends denial (4 -3). A super inajority vote by City Council is
required to adopt a motion to approve this ordinance.
BACKGROUND
On May 6, 2014, the City Council passed and approved City Ordinance No. 2014 -137 declaring a moratorium
on the receipt, processing, and approval of certain applications for gas well permits, specific use permits (SUP),
site plans, development plans, or amendments as they relate to gas well drilling and production activities. The
moratorium ordinance recites that the City Council is aware of an increased interest in, and concern about, gas
exploration and production and has received from the public a multitude of environmental and land use
compatibility concerns regarding the City's ordinances and regulations now applicable to gas well drilling and
production activities. In adopting the moratorium ordinance, the City Council announced that it believed it was
reasonable and necessary to again review the municipal ordinances and regulations germane to gas well drilling
and production operations. City staff was charged with the responsibility to make the important changes.
In charging the staff with revising the ordinances, City Council recognized that the City's current regulations
may not fully implement the City's goals of allowing gas well operations while protecting the public's health,
safety, and general welfare. In addition, the City Council witnessed the conflict between increased drilling and
urban expansion and acknowledged the need to regulate the conflicting land use issues between gas well
operations and surface owners seeking the peaceful and quiet enjoyment of their property.
The potentially harmful impacts of gas well drilling and production within the City fall most heavily upon
neighborhoods and properties adjacent and in close proximity to gas well drilling and production operations.
Several sections of the Denton Development Code (DDC) are proposed for revision to address these concerns.
The proposed revisions are described in further detail under the Proposal heading. The proposals are based
upon the work performed by the gas well Task Force that convened during 2012, the Denton Area Drilling
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Advisory Group (DAG), the Planning and Zoning Commission, as well as the multitude of public comments
received before these groups and numerous City Council deliberations on various issues germane to gas well
drilling and production. In addition, the City staff and the City Council reviewed numerous published articles
regarding the impacts of gas well drilling, including:
1. Best Practices Handbook to Assist Communities in the Eagle Ford Shale, 2nd Edition,
Identification and Implementation of Best Practices, San Antonio River Authority;
2. Visual Impacts of Natural Gas Drilling in the Marcellus Shale Region, Cornell
University, Dept. of City and Regional Planning: CRP 3072 Land Use, Environmental
Planning, and Urban Design Workshop, Fall 2010, Sarita Rose Upadhyay and Min Bu;
3. Demonstrating the Impacts of Oil and Gas Exploration on Water Quality and How to
Minimize these Impacts Through Targeted Monitoring Activities and Local Ordinances,
Kenneth E. Banks, Ph.D and David J. Wachal, M.S. in Cooperation with the United States
Environmental Protection Agency;
4. Oil and Gas Regulation: A Guide for Local Governments, Colorado Department of Local
Affairs;
5. Shale Gas Production Subcommittee 90 -Day Report, August 18, 2011, Secretary of
Energy Advisory Board, U.S. Department of Energy;
6. Development, Land Use, and Collective Trauma; The Marcellus Shale Gas Boom in
Rural Pennsylvania, Simona L. Perry, The Journal of Culture & Agriculture;
7. Modern Shale Gas Development in the United State: A Primer, April 2009, U.S.
Department of Energy;
8. Environmental Impacts of Unconventional Natural Gas Development and Production,
May 29, 2014, U.S. Department of Energy;
9. A Comprehensive Economic Impact Analysis of Natural Gas Extraction in the Marcellus
Shale, May 2011, Susan Christopherson and Ned Rightor, Cornell University;
10. Recommended Best Practices for Marcellus Shale Gas Development in Maryland, Keith
N. Eshleman & Andrew Elmore, Appalachain Laboratory, University of Maryland Center
for Environmental Science;
11. Landscape Consequences of Natural Gas Extraction in Bradford and Washington
Counties, Pennsylvania, 2004 -2010, E.T. Slonecker, L.E. Milheim, C.M. Roig- Silva, A.R.
Malizia, D.A. Marr, and G.B. Fisher, U.S. Department of the Interior;
12. A Menu of State Policy Good Practices for Unconventional Natural Gas Development,
2014, General Electric Company;
13. Practices For Mitigating Surface Impacts Associated with Hydraulic Fracturing,
American Petroleum Institute;
14. Hydrofracking: Disturbances Both Geological and Political: Who Decides? By John R.
Nolon and Victoria Polidoro, 44 Urb. Law. 507 (2012); and
15. Oil and Gas Fracking: State and Federal Regulation Does not Preempt Needed Local
Government Regulation by Dr. Robert H. Freilich and Neil M. Popowitz, 44 Ur. Law. 533
(2012).
This item has been heard on six separate agendas before both the P &Z and City Council. The initial
presentation of the clean and redline draft ordinances occurred during a joint public hearing on December 16,
2014. On that date, the P &Z closed their public hearing, but delayed action as an Item for Individual
Consideration and City Council continued their portion of the public hearing. On January 6, 2015, City Council
again continued their public hearing and on January 7, 2015, the P &Z further delayed their action. The delays
provided City staff with an opportunity to address questions raised by the general public, the P &Z, and City
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Council during the December 16, 2014 public hearing. The questions were researched and answers were
provided to both the City Council and P &Z. In addition, the responses were published to the City's website for
public viewing.
City Council again continued their public hearing for DCA14 -009 during their January 13, 2015 meeting. This
continuation was not date specific and instead was continued to an event certain. The specific event was the
receipt of P &Z's recommendation report. The P &Z once again had an agenda item for DCA14 -0009 and
delayed their action during the January 21, 2015 meeting until their February 4, 2015 meeting. Additional
questions were raised by the public and various P &Z Commissioners over the course of deliberation during the
agenda discussions that occurred in front of both bodies. The responses to these additional questions were
presented and discussed with P &Z during their closed session meeting posted for the February 4, 2015 meeting.
These additional responses were also posted to the City's website for public viewing.
In light of all the discussions, question and answer sessions, and deliberations by both bodies, the P &Z voted 4-
3 on February 4, 2015 to recommend denial of DCA14 -0009, as initially presented. The P &Z recommendation
vote is forwarded as a report to the City Council for final action. Per the City of Denton's charter and state laws
germane to general zoning regulations, the City Council provides that the affirmative vote of at least three -
fourths (3/4) of all its members is required to overrule a recommendation of the City's P &Z that a proposed
change to a regulation be denied. As such, any action by the City Council to adopt all, or portions of, the
proposed ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, or to make
revisions to any of the presented ordinances, shall require an affirmative vote of at least three- fourths (3/4) of
all its members.
A copy of the draft minutes from the February 4, 2015 P &Z meeting are included as Exhibit 10. The minutes
detail the wording of the motion and the subsequent discussions that occurred by the P &Z Commissioners. The
motion was made by Commissioner Strange and seconded by Commissioner Connor. In making the motion,
Commissioner Strange referenced his thoughts for the purpose of the revisions. While those ideas do not fully
incorporate the reasons and details presented in this report, the commissioner also expressed concern that the
ordinance revisions go further than the State's permitting requirements germane to oil and gas drilling and
production activities. Commissioner Strange also shared his concern about the proposed ordinance's impact to
vested rights and a potential takings claim. After both the 4 -3 vote and Future Agenda Items section of the
agenda, several additional comments were proffered to describe the rationale behind the respective
commissioner's actions.
Commissioner Briggle asked about the responses provided in the question and answer documents and whether
any recommendations for amending the presented ordinances will be forwarded to City Council. In addition,
Commissioner Connor clarified that his position is not that he is opposed to the ordinance, but rather he
mentioned the ordinance puts restrictions on business that can impact vested rights. Commissioner Connor
summarized his concerns by stating he is worried about the long -term impact from lawsuits and putting
restrictions on oil and gas companies. Finally, Commissioner Dudowicz agreed with Commissioner Connor and
further stated he felt the current ordinance is "pretty tight with the added stuff to it," however, the new
ordinance could be litigated against the City and wipeout the current ordinance along with any revisions.
Commissioner Dudowicz was not willing to take the risk that a lawsuit would challenge the revised ordinance
and result in the negating of other ordinances.
PROPOSAL
The proposed revisions are intended to remedy the impacts of gas well drilling in an urban environment, to
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include noise, dust, odor, light pollution, vibrations, fire safety, visual aesthetics, e.g., fencing and landscaping,
construction standards and materials, buffers, preservation of surface property values and the character of
neighborhoods, incompatibility, infrastructure related to public health and welfare such as water wells,
setbacks, landscaping, public notice, signage, issues related to operating hours, operator insurance issues, road
impacts, and other quality of life issues.
Subchapter 22 of the Denton Development Code (DDC) was reorganized to enable both staff and operators to
better understand the requirements for gas wells inside the city limits. In addition to changes contained within
Subchapter 22, additional DDC Chapters will be revised. In some cases, existing provisions have been
amended, such as for Subchapter 5, which contains the use charts and the limitations by type of zoning district.
In other cases, an entire new subsection is being added, such as the provisions relating to the Gas Well
Combining District, which is proposed as an addition to Subchapter 7, pertaining to overlay districts. The list of
new ordinance amendments is as follows:
1) Amendments to Subchapter 5, Zoning Districts and Limitations. Changes use chart designations and
limitations for "gas wells ";
2) Amendments to Subchapter 7, Special Purpose and Overlay Districts, adds new subsection 22.7.16, Gas
Well Combining Districts;
3) Amendments to Fee Ordinance 2013 -248;
4) Amendments to Subchapter 16, Subdivisions, etc.; and
5) Addition of Subchapter 22.A, Oil and Gas Pipeline Ordinance
While specific language changes are found throughout the redlined exhibits attached herein and will be further
defined during the public presentation, the main themes of the revised ordinance are summarized in the table as
Exhibit 1.
OPTIONS
1. Uphold the P &Z recommendation for denial.
2. Overturn the P &Z recommendation by a 3/4 vote to approve as submitted.
3. Overturn the P &Z recommendation by a 3/4 vote to approve with conditions.
4. Continue the Public Hearing.
5. Close the Public Hearing and Table action on the item.
RECOMMENDATIONS
February 4, 2015 - The Planning and Zoning Commission voted 4 -3 to recommend DENIAL of DCA14 -0009.
The Development Review Committee recommends APPROVAL of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On December 16, 2014, the City Council and Planning and Zoning Commission (P &Z) held a joint Public
Hearing concerning ordinance amendments to Subchapters 5, 7, 16, and 22 of the Denton Development Code.
City Council continued the public hearing to their January 6, 2015 meeting and P &Z closed their public
hearing, but delayed action as an Item for Individual Consideration.
On January 6, 2015, City Council voted 6 -0 to continue the public hearing for DCA14 -0009 to their next
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meeting.
On January 7, 2015, P &Z voted 7 -0 to delay action on the Item for Individual Consideration of DCA14 -0009
until their next meeting.
On January 13, 2015, City Council voted 7 -0 to continue the public hearing for DCA14 -0009 to an event
certain, which is the meeting following receipt of a recommendation report from P &Z.
On January 21, 2015, P &Z voted 7 -0 to delay action on the Item for Individual Consideration of DCA14 -0009
until their next meeting.
On February 4, 2015, P &Z voted 4 -3 to recommend DENIAL of DCA14 -0009, as presented.
On February 17, 2015, City Council voted 7 -0 to continue the public hearing for DCA14 -0009 to March 3,
2015.
On March 3, 2015, City Council voted 7 -0 to continue the public hearing for DCA14 -0009 to March 24, 2015.
EXHIBITS
1. Table of Revised Ordinances
2. Clean Ordinance and Redlined Draft of DDC Subchapter 22
3. Clean Ordinance and Redlined Draft of DDC Subchapter 7
4. Clean Ordinance and Redlined Draft of DDC Subchapter 16
5. Clean Ordinance and Redlined Draft of DDC Subchapter 5
6. Clean Ordinance and Redlined Draft of DDC Subchapter 22A
7. Fee Ordinance
8. Public Responses to CC and P &Z from Dec 2014 meeting
9. Public Responses to Additional Questions from PZ and the Public
10. Draft Minutes of the February 4, 2015 P &Z Meeting
Respectfully submitted:
Aimee Bissett
Interim Director of Planning & Development
Prepared by:
Darren Groth, AICP, CPM, REP
Gas Well Administrator
City of Denton Page 5 of 5 Printed on 3/19/2015
Exhibit 1
TOplc Existing Ordinance Proposed Ordinance
Production
No such program.
Inspections performed by 3rd Party will now determine
Monitoring
if equipment is properly functioning.
New DDC Subchapter 22.A fulfills objective to capture
Pipeline
No such program.
all authority allowed under state law in order to map
Regulations
gas pipelines within the city of Denton and its
extraterritorial jurisdiction.
Surface plats will now note the location of the Pad Site;
existence of well(s); possibility of new wells;
Gas Well
Recently used in two land
possibility of more drilling and fracturing; possibility of
Notifications
development examples.
re- working. In addition, Declaration of Restrictive
and Disclosures
Covenant shall advise purchasers of existence of well(s)
and notice document shall be recorded in County
Clerk's Office.
Proposal intended to minimize surface impacts; select
optimum surface site location within leased acreage;
capitalize on technological advances to require co-
location of multiple wells on a single site; open land for
surface development; and restrict leased acreage from
Co- Location
No such program.
future gas well development. Every new well will
require approval of Consolidated Site, in accordance
with the following scenarios:
1. Combining District (City Council rezoning) for new
sites.
2. Consolidation Permit (administrative review) for
existing sites.
Each Operator must produce a certificate of insurance
and copy of endorsements adding city as additional
insured. If the insurance is cancelled, the gas well
Permit will be suspended. The insurance must be issued
by financially sound company. The expert
recommended the following insurance coverage:
• Commercial General Liability = $1M /occurrence with
Existing coverage
a $2M aggregate.
Operator
reviewed by legal expert
• Environmental Impairment = $5M (up from $1M). If
Insurance
with specific insurance
"claims made" coverage, 4 yrs after Gas Well Permit
experience.
expiration.
• Auto Liability = $1 M /accident.
• Worker's Comp = $1M /accident and $1M /disease (up
from $100,000 /accident).
• Umbrella Liability = $24M per occurrence w/ $24M
aggregate. Coverage in excess of commercial general,
auto, & workers comp.
• Control of Well = $5M per occurrence
Exhibit 10
Draft Minutes of the February 4, 2015 P &Z Meeting
1. ITEM FOR INDIVIDUAL CONSIDERATION:
A. Consider making a recommendation to City Council regarding an ordinance
amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating
to Gas Well Drilling and Production, Definitions and Procedures; amending
Ordinance No. 2013 -248, relating to planning and development fees and road
damage remediation fees relating to gas well drilling and production activities;
adding new Subchapter 22A to the Denton Development Code, relating to Oil and
Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing
a severability clause; providing for a penalty; and providing for an effective date.
(DCA14 -0009, Development Code Amendments, Darren Groth)
Reece introduced Munal Mauladad, Assistant Director of Planning and Development. Mauladad
stated Groth will provide a brief synopsis of this item. Groth stated this item is carried over from
the December 16, 2015, Joint City Council Planning and Zoning Commission meeting. He stated
there were several questions discussed during that meeting. The ordinance was posted after the
meeting, comments were received, and drafted into a Question and Answer form, which was
later placed on the City of Denton website. He stated he doesn't have a presentation since this is
a continued item.
Strange stated this Commission and staff have worked on this item for a while now. The
ordinance came before this Commission to clean up the definitions. He stated over the last few
months there have been numerous additions to the ordinance. Then there was the request for a
moratorium. Throughout that process this Commission has expressed their concerns that the City
is binding them in this ordinance; because, it goes earlier than what the state requirements allow.
He stated he also has concerns of the principles of vesting that the existing wells have. He stated
the vested rights will go away. Strange stated he cannot support a motion for this item to move
forward. He would motion to deny this item. Conner stated he would second the motion for
denial.
Briggle questioned if she could make a superior motion. Leal stated there are superior motions;
such as to postpone the item to a date certain or to amend the motion on the table. He stated a
counter motion is not allowed. Briggle acknowledged; she stated the vote will continue and if it
fails then there can be another motion. Leal confirmed. Bentley stated he understands the
concerns of Strange and Conner. He stated he has other issues that can be addressed if this item
moves forward. This is a recommendation to City Council; this Commission is not the final
decision of this item. Bentley stated he will not support the motion at this time to deny the item;
he feels it needs to move forward.
Taylor stated he remembers the process a little differently than Strange recalls the process. This
revision came during the last revision that was in process. At the time of approval there were
several items that were pushed off to be done in the future, and some were thought to have been
completed administratively. He stated although the ordinance is not perfect, there are still good
items in the ordinance that should be moved forward. He stated he also cannot support the
motion to deny this request.
Commissioner Jim Strange motioned, Commissioner Frank Conner seconded to deny this
request. Motion carried (4 -3). Commissioner Jim Strange, aye, Commissioner Frank Conner,
aye, Commissioner Frank Dudowicz, aye, and Chair Thom Reece, aye. Commissioner Amber
Briggle, nay, Commissioner Brian Bentley, nay, and Commissioner Devin Taylor, nay.
2. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,
respond to inquiries from the Planning and Zoning Commission 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.
Mauladad stated staff will be providing a report in the future to discuss an outline to the plats,
she stated it will be very brief, but will help this Commission understand the plats.
Bentley stated the vote from Item for Individual Consideration 3A was a shock to a majority of
this Commission. He stated this Commission has the power to reopen the item and postpone it to
a date certain. Leal stated the vote was taken so the item is finished at this time. He stated
Bentley is probably referring to a Motion for Reconsideration from Chapter 2 of the City code.
He stated since this is a zoning item as well, the zoning law trumps the city code. The motion
will now move forward to City Council. If they choose the option to vote for the ordinance over
the recommended denial from this Commission then a Super Majority vote would be required.
Briggle referred to the amendments that this Commission has; she questioned if they would be
submitted to City Council in the backup materials. Leal stated no.
Conner stated he doesn't have an issue with the ordinance. He stated it is the best attempt;
however, it puts restrictions on businesses that can later get into a lawsuit. He stated he is
concerned for the City's future. Dudowicz stated he agrees with Conner. He stated this would be
putting this Commission into a place that the current ordinance is tight; there could be litigation
against the City. Leal stated this discussion is not on the agenda. There was no further
discussion. Chair Reece adjourned the Regular Meeting at 7:36 p.m.
Exhibit 2
35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate limits of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to prevent deleterious uses of
groundwater resources that actually or potentially threaten the health of persons in
proximity to drilling and production activities; to monitor noxious emissions of gases that
potentially threaten the health of nearby residents and employees; to prevent injury to
persons and property; to ensure that gas well drilling and production activities are
compatible with adjacent land uses throughout the duration of such activities; and to
assure that such activities conform to The Denton Plan. The regulations contained in this
Subchapter are designed to protect the health, safety, and general welfare of the public
and to assure that the orderly and practical development of mineral resources is
compatible with the quiet enjoyment of affected surface estates. The regulations
contained in this Subchapter are designed to implement the purposes set forth in this
subsection and are supported by the following findings of fact:
1. Gas well drilling and production activities create externalities that potentially threaten
the health, safety and general welfare of persons residing or working on property in
proximity to such operations.
2. Gas well drilling and production activities, in the absence of local regulatory controls,
may emit high noise levels, produce large volumes of dust, congest local streets,
present fire hazards and produce other deleterious effects, all of which fall
disproportionately on adjacent land uses, and which can result individually or
cumulatively in injury to persons, destabilization of property values, and inhibit the
quiet peace and enjoyment of surface uses of real property in the vicinity of such
operations.
3. The City of Denton recognizes that the United States and the State of Texas regulate
gas well drilling and production activities for the purpose of implementing broad air
quality and water quality goals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and general welfare of the City's residents and businesses.
4. The proliferation of gas wells and gas well pad sites within the City of Denton creates
conflicts between such developments and other existing and future surface uses of the
property. In order to assure the compatibility of residential, commercial and
industrial uses with gas well development, it is necessary for the City to regulate the
location of gas well locations relative to other surface uses within the City and to
consolidate sites for development of gas wells consistent with the rights of mineral
owners to reasonably access subsurface resources.
B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be construed as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate limits
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC.
ON
35.22.1. - Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate limits of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to prevent deleterious uses of
groundwater resources that actually or potentially threaten the health of persons in
proximity to drilling and production activities; t monitor noxious
emissions of gases that potentially threaten the health of nearby residents and employees;
to prevent injury to persons and property; to ensure that gas well drilling and production
activities are compatible with adjacent land uses throughout the duration of such
activities; and to assure that such activities conform to The Denton Plan. The regulations
contained in this Subchapter are designed to protect the health, safety, and general
welfare of the public and to assure that the orderly and practical development of mineral
resources is compatible with the quiet enjoyment of affected surface estates. The
regulations contained in this Subchapter are designed to implement the purposes set forth
in this subsection and are supported by the following findings of fact:
1. Gas well drilling and production activities create externalities that potentially threaten
the health, safety and general welfare of persons residing or working on property in
proximity to such operations.
2. Gas well drilling and production activities, in the absence of local regulatory controls,
may
emit high noise levels, produce large volumes of dust, congest local streets, present
fire hazards and produce other deleterious effects, all of which fall disproportionately
on adjacent land uses, and which can result individually or cumulatively in injury to
persons - destabilization of property values, and inhibit the quiet peace and
enjoyment of surface uses of real property in the vicinity of such operations.
The City of Denton recognizes that the United States and the State of Texas regulate
gas well drilling and production activities for the purpose of implementing broad air
quality and water quality goals. The regulations in this Chapter are intended to
supplement such standards in order to implement compatible local objectives that
assure the health, safety and general welfare of the City's residents and businesses.
4. The proliferation of gas wells and gas well pad sites within the City of Denton creates
conflicts between such developments and other existing and future surface uses of the
property. In order to assure the compatibility of residential, commercial and
industrial uses with gas well development, it is necessary for the City to regulate the
location of gas well locations relative to other surface uses within the City and to
consolidate sites for development of gas wells consistent with the rights of mineral
owners to reasonablv access subsurface resources.
B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be construed as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC).
C. Applicability. The provisions of this Subchapter apply only within the corporate limits
of the City of Denton, except as otherwise stated in section 35.16.19 of the DDC.
Pj
35.22.2. - Definitions.
For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows.
Interpretations of meaning shall be made by the Director of Planning and Development based on the
provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of
Adjustment proceeding in accordance with Subsection 35.3.6.
Closed -loop mud system. A system that uses a combination of solids control equipment
incorporated in a series of removable tanks that eliminates the use of a mud circulation pit or a
reserve pit.
Completion combustion device. Any ignition device, installed horizontally or vertically, used
in exploration and production operations to combust otherwise vented emissions from
completions.
Completion Operations. The portion of the Drilling Activities that includes the work that is
performed after Initial Drilling Activities and prior to Production Activities in order to optimize
the production of a well, often by inserting equipment into the hole.
Compressor station. A facility that compresses natural gas for delivery by pipeline through a
transmission pipeline.
Consolidated Site. A Drilling and Production Site designated for consolidation of gas well
development either through approval of a Gas Well Combining District or a Consolidation
Permit.
Contaminant. Any substance capable of contaminating a non - related homogeneous material,
fluid, gas or environment.
Daytime. The hours between sunrise and sunset on any given day.
Delineation well. A well drilled in order to determine the boundary of a field or producing
reservoir.
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formations containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and,
most critically, to maintain an overbalanced pressure gradient against the formation that may
contained inherently pressurized well fluids.
Drilling Activities. Those activities commonly performed at a drilling and production site
necessary or incidental to getting hydrocarbons to market; including and not limited to initial
drilling, hydraulic fracturing, flow back, and completion operations, but not including production
activities, a well redrill or any hydraulic refracturing.
Drilling and Production Site. The area dedicated to all authorized gas well drilling and
production activities and containing all structures, closed -loop systems, dehydrators, parking
areas, security cameras, lighting, tanks, tank battery (or any other tank grouping area), drilling
rigs, separators, lift compressors, perimeter walls, utilities, and all other features or objects
contemplated for use during and after gas well drilling or production activities, as designated on
the Gas Well Development Plat or Gas Well Development Site Plan, but excluding gathering and
transmission lines and compressor stations. Drilling and Production Site includes the terms Gas
Well Park, Gas Well Pad Site and Drilling and Production Area.
Existing Drilling and Production Site or Existing Site. A gas well drilling and production site
that was designated through approval of a gas well development site plan or a gas well
development plat prior to , 20, and on which one or more gas well
developments have commenced. Where the boundaries of such site have not been designated by
an approved gas well development plat, the term defines the area incorporating all facilities
devoted to authorized drilling activities or production activities.
Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub - surface hydrocarbons.
Flowback. The process of allowing fluids to flow from a natural gas well following a treatment,
either in preparation for a subsequent phase of treatment or in preparation for cleanup and
returning the well to production. The flowback period begins when material introduced into the
well during the treatment returns to the surface immediately following hydraulic fracturing or
refracturing. The flowback period ends with either well shut in or when the well is producing
continuously to the flow line or to a storage vessel for collection, whichever occurs first.
Freshwater Well. A private water well used by a Protected Use.
Gas. A naturally - occurring gaseous substance, including substances primarily composed of
methane and other light, gaseous hydrocarbons.
Gas Processing Plant. A facility, separate and distinct from a Drilling and Production Site,
engaged in the extraction of natural gas liquids from field natural gas, or the fractionation of
mixed natural gas liquids to natural gas products, or a combination of both.
Gas Well. A hole or bore drilled to any horizon, formation, or strata for the purpose of producing
natural gas, or liquid hydrocarbons.
Gas Well Development. Any drilling activity or production activity.
Gas Well Drilling and Production Activities. (A/K/A drilling and production activity(ies),
drilling and production) As used in this Chapter, gas well drilling and production activities
encompasses all three of the following: Initial Drilling Activities, Completion Operations and
Production Activities.
0a
Gas Well Permit. A two -stage written license granted by the City of Denton that authorizes
drilling, completion and production activities, issued pursuant to rules and regulations of this
Subchapter. A Gas Well Permit is required for each separate well and for each redrill of any gas
well.
Habitable Structure. Structures suitable for human habitation or occupation for which a
Certificate of Occupancy or Final Inspection Certificate is required, including but not limited to,
public buildings and enclosed buildings used for commercial or industrial purposes. A habitable
structure shall not include accessory buildings, barns, garages and sheds.
Hazardous Materials Management Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hydraulic Fracturing. The process of directing pressurized fluids containing any combination
of water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowback to expel fracture fluids and
solids during completions.
Hydraulic Refracturing. Conducting a subsequent hydraulic fracturing operation at a well that
has previously undergone a hydraulic fracturing operation.
Initial Drilling Activities. The portion of the Drilling Activities that includes the means by
which a portion of the earth is originally bored in order to create a pathway to formations
containing hydrocarbons to allow for their production to the surface.
Lift Compressor. A mechanized device that compresses gas prior to its introduction into a well
for use in lifting well liquids to the surface.
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
Liner. In pit construction, a liner is an impervious material, either synthetic or natural, that is
used to line the interior of a pit to prevent pit fluids from leaking or leaching into the
environment.
New Drilling and Production Site or New Site. A proposed drilling and production site that is
other than an existing drilling and production site.
Nighttime. The hours between sunset and sunrise on any given day.
Oil and Gas Inspector or Inspector. An inspector designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and /or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance with federal, state, and local regulations.
3
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping,
or controlling any well or pipeline including without limitation, a unit operator.
Pit. A temporary or permanent containment for circulated fluids. A pit shall include:
Completion/Workover Pit: Pit used for storage or disposal of spent completion fluids, workover
fluids and drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other materials which
have been cleaned out of the wellbore of a well being completed or worked over.
Drilling fluid disposal pit: Pit, other than a reserve pit, used for disposal of spent drilling fluid.
Fresh makeup water pit: Pit used in conjunction with drilling rig for storage of fresh water used
to make up drilling fluid or hydraulic fracturing.
Mud circulation pit: Pit used in conjunction with drilling rig for storage of drilling fluid
currently being used in drilling operations.
Reserve pit: Pit used in conjunction with drilling rig for collecting spent drilling fluids; cuttings,
sands, and silts; and wash water used for cleaning drill pipe and other equipment at the well site.
Reserve pits are sometimes referred to as slush pits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced saltwater.
Washout pit: Pit located at a truck yard, tank yard, or disposal facility for storage or disposal of
oil and gas waste residue washed out of trucks, mobile tanks, or skid - mounted tanks.
Water Condensate pit: Pit used in conjunction with a gas pipeline drip or gas compressor station
for storage or disposal of fresh water condensed from natural gas.
Plugging and Abandonment. Includes the plugging of the well, abandoned, orphaned or
otherwise, in accordance with RRC Statewide Rule 3.14 and restoration of the Drilling and
Production Site as required by this Subchapter.
Production Activities (A/K/A Production). The phase that occurs after successful exploration,
drilling and development involving operations including, but not limited to, gas wells, tanks,
dehydrators, separators, mud pits, ponds, tank batteries or associated mechanical equipment, and
during which hydrocarbons are extracted from the gas field, excluding those operations and
facilities as defined and regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101
60137.
Protected Use. Any dwelling, church, public park, public library, hospital, pre- kindergarten,
kindergarten or elementary, middle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
e!
Reduced emissions completion. A well completion following fracturing or refracturing where
gas flowback that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re- injected into the well or another well, used as an on -site fuel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Site - specific authorization means the prior approval by ordinance of City Council, of one or
more specifically located and defined gas well site locations, subject to further site design,
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Redrill. Any work to an existing well bore or an existing surface hole location after initial
drilling that requires a new permit from the Texas Railroad Commission. This definition
includes, but is not limited to, recompletions, sidetrack wells, drilling into a new horizon or
drilling multiple directionals from the same surface hole location or using the same vertical
wellbore. Redrill does not include Workover Operations.
Site Preparation. To ready a Drilling and Protection Site for Drilling Activities by staking the
location, installing erosion and sediment control practices, site clearing and grading, initial rig
moves, and product deliveries.
Tank. A natural or man -made container, covered or uncovered, in which to store, contain or mix
liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production activities of an oil or gas well.
Wildcat well. A well outside known fields or the first well drilled in an oil or gas field where no
other oil and gas production exists.
Workover Operation. Work performed on a well after its initial completion to secure
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed or to repair the well. Workover
Operations may include refracturing activities.
61
tt��- ttaeEi+�ta -si=t ls�-€3 a r� � l�ttE- i�ae -��41- rra�1- � +r- t�t+t3- l�r«�L- tte-ea rtaErol -a�f -i lae- farr't�r�t# i+�ra- f�ttiE4
-For the yurlose of this C hater. certain words and terms shall be defined and interyleted as follows.
Intel retations of meaning shall be made by the Director of Planning and Development based on the
rrovisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of
Adjustment proceedin& m accordance with Subsection 35.3.6.
® -..
Formatted: Font: Times New Roman, 12 pt
Closed -loop mud system. A system that uses a combination of solids control equipment *v Formatted: Indent: Lett: 0.08 ", Pattern: Clear
incorporated in a series of ~ removable, tanks that eliminates the use of a mud circulatio (Backgrou nd 1)
,.
a reserve. pit- Formatte
d: Pattern: Clear (Background 1)
Formatted: Font: Times New Roman, 12 pt
Formatted: Font: Times New Roman, 12 pt
,Completion combustion device. Any ignition device, installed horizontally or vertically, used- ;. { Formatted: Font: 12 pt
in exploration and production operations to combust otherwise vented emissions from Formatted: Pattern: Clear (Background 1)�
completions, ( Formatted: Font: Times New Roman, 12 pt
• ~ ` , r € �k ,. b-aa� ~ r�rt;. T— x4x�tlat�t�� � 1� -erst - � .' 1- ftra� -re-.
Completion Cipeu ations. dhe portion of the Drilling Activities that includes the work that is
pert <rrmed after Initial I)rillin Activities and prior t<r Iroduction Activities in order to optimize
the production <rl'a well, often Iry insertin 5 cclnipment into the hole.
- (Formatted: Font: Times New Roman, 12 pt
Formatted: Pattern: Clear (Background 1)
Compressor station. A facility that compresses natural gas for delivery by pipeline through a
transmission pipeline.
Consolidated Site A drilling and production site desinated for consolidation of has well
devclo mcnt either thrau�h appraval cif a Gas Well Cambinin� District or a c-Consolidation
fPcrmit .
substance capable of contaminating a non - related homo
fluid, gas or environment.
Formatted: Font: Times New Roman, 12 pt
Formatted: Pattern: Clear (Background 1)
Daytime.
}� rt# tt .ttt tt l he hCrL1rS between 5t1nC1Se al]d 5tlnSet on an given day, [- Formatted: Font: Times New Roman, 12 pt
JDelineation well. A well drilled in order to determine- the boundary of a field or producing (Formatted: Font: 12 pt
reservoir, —( Formatted: Font: Times New Roman, 12 pt
------------------------------------------------------------------------------------- -------------------------------
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formations containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and,
most critically, to maintain an overbalanced pressure gradient against the formation that may
contained inherently pressurized well fluids.
Drilling Activities. Those activities coanmonly perfarmcd at a dDrillin� and pProduction sSite
nLCCSSary or incidental to �ir�g hydrocarbons to market; including and not limited to initial
drilling, hydraulic fracturing, flow bath, and completion operations, but not including production
ac tvitics, a well redrill or any hydranlic refractarin��.
Drilling and Production Site
The area dedicated to all authorlrLd. gas well drilling -�+— _ tr + r
, ' xfft-pndproduction fff-&a;- a utivlti-e- s and c-o- nwin- i-n- -all - structures, closed- - -
--
loop systems, dehydrators, parking areas, security cameras, lighting, tanks, tank battery (or any
other tank grouping area), drilling rigs, separators, lift comprressors-a -._ s- 4e4-A .
Vii - perimeter walls, utilities, and all other features or objects contemplated for use during and
after gas well drilling or production activities, as designated on the Gas Well Development Plat
or Gas Well Development Site excluding gathering and
transmission lines and compressor stations. Drillino and Production Site includes the terms Gas
Well Park Gas Well Pad Site and Drilling and Production Area
#�� =ill -—t-I, � . � «Gcf- ferr�4t tf4trag -eat# tray- ::rri= e-fiwst 1�+taep-
€*ra+de- htr- �r€*�tt�i�tE
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----------------------------------------------
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]Existing Drilling and Production Site or lExistin� Site. A gas well drilling and production site
that was desi 5nated throe 5h approval <,P a gas well development site plan or a gas well
Formatted: Footer, Tab stops: 0 ", Left
2 �/
20 lam, and on which one or more gas well devel<apments have commenced. Where the
boundaries of such site have not been desil5nated b an annroved gas well devel<rnment lat, the
term defines the area incorporating all f {tcilities devoted to authorir.ed drilling activities or
production activities.
Xxploration. Geologic or geophysical- activities, including,- but not limited- to surveying ands .. -- { Formatted: Font: Times New Roman, 12 pt
seismic exploration, related to the search for oil, gas, or other sub - surface hydrocarbons. [ Formatted: pattern: Clear (Background 1)
Formatted: Font: Times New Roman, 12 pt
..
-------- -------- ---------
*- �a�z�- c�lrytltrtFt�t�-
Ylowback. The process of allowing fluids to flow from a natural gas well following a treatment,- „ { Formatted: Font: Times New Roman, 12 pt
either in preparation for a subsequent phase of treatment or in preparation for cleanup and Formatted: pattern: Clear (Background 1)�
returning the well to production. The flowback period begins when material introduced into the
well during the treatment returns to the surface immediately following hydraulic fracturing or
refracturing. The flowback period ends with either well shut in or when the well is producing
continuously to the flow line or to a storage vessel for collection, whichever occurs first.
Freshwater Well. A private water well used by a Protected Use.
of methane
and other light, gaseous hydrocarbons.
Gas Processing a, Plant. Apra + € fac lht cparate and distlnut from a Drilling and
Production `site,, engaged in the extraction of natural gas liquids from field natural gas,- or the
fractionation of mixed natural gas liquids to natural gas products, or a combination of both.
natural us, or liquid hydrocarbons.
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Not Bold
---------------------------------------------------------------------------------- - - - - --
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Not Bold
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E -
Formatted: Font: Times New R oman, 12 pt
Gas Well: Develorzment.
II
Gas Well Drilling and Production Activities. (�A/K/A drilling and production
activity(ies), drilling and production) As used in this Chapter, gas well drilling and production
activities encompasses all three of the following: Drilling Activities, Completion Operations and
Production Activities.
Formatted: Font: Times New Roman, 12 pt
Formatted: Font: Times New Roman, 12 pt
Formatted: Font: Times New Roman, 12 pt
- - - - - -- - - - - -- -- - - - - -- ---- - - - - --
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------------------- ------------------------------- - - -------------------------- -------------------------------
,Gas Well Permit. A two- stage: written license- granted by the City of Denton ' ' - l Formatted: Font: Times New Roman, 12 pt
ea that authorizes drilling errt c<rmplc flan and production Formatted Font Times New Roman 12 pt
iu at*a,., activities, issued pursuant to rules and regulations of this Subchapter. A Gas Well � Formatted: Font: rimes New Roman, 12 - pt
Permit is required for each w -- separate well and for each redrill of any uas well. pt
Formatted- Times New Roman, 12 pt
- Habitable Structure. Structures suitable for human habitation or occupation for which a Certificate of
mm mm mm mm..
(Occupancy or Final Inspection Certificate is required, including but not limited to Formatted: Font: Times New Roman, 12 pt
public buildings; and enclosed
buildings used for commercial or industrial purposes. A habitable structure shall not include accessory
buildings, barns, garages and sheds.
,Hazardous Materials Management- Plan. The hazardous materials management plan and--"-,,- Formatted: Font: Times New Roman, 12 pt
hazardous materials inventory statements required by the Fire Code. Formatted: pattern: clear (Background 1)
Hydraulic Fracturing. The process of directing pressurized fluids containing any combination
of water, proppant, and any added chemicals to penetrate tight formations, such as shale or coal
formations, that subsequently require high rate, extended flowback to expel fracture fluids and
solids during completions.
Hydraulic Refracturing. Conducting a subsequent hydraulic fracturing operation at a well that l Formatted: Font: 12 pt
has previously undergone a hydraulic fracturing operation, Formatted. Font. 12 pt, Font color. auto,
Border.: (No border)
Initial frilling Activities. The portion of the Drilling Activities that includes the means by
which a portion of -the e"11111 is ori,5inally bored in order to create a pathway to 1 <rrmations
containing hydrocarbons to allow for their production to the surface.
a Formatted: Font: Times New Roman, 12 pt
' ------ --------------------------------------------------------------------------------
---- - - -- - -- - - - --
�,
Lift Compressor. A mechanized device that compresses gas prior to its introduction into a well Formatted: Pattern clear (Background 1 )
for use in liftin g well liquids to the surface.
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
Formatted: Footer, Tab stops: 0 ", Left
------------------- ------------------------------- - - -------------------------- -------------------------------
-I°dew IOrillin and Production Site or I°dew Site. A proposed drilling and production site that is
other than an existinu drilling and production site.
The
and
on
Oil and Gas Inspector or Inspector. An inspector designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and /or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance with federal, state, and local regulations.
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping,
or controlling any well or pipeline including without limitation, a unit operator.
#"- a'siezrs- nit€ alit— A- perl�rta- f�ttrai- 4+�rt- ��a+alr- Strad- edu�rEe'. aY- t?�ari1- �rrac�- ��t�- +taEk�tt�- ��ala�,7 -n _ ',G:;a
A temnorary or nermanent containment for circulated fluids. A nit shall include:
Completion/Workover p�Pit;: Pit used for storage or disposal of spent completion fluids,
workover fluids and drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other materials
which have been cleaned out of the wellbore of a well being completed or worked over.
Drilling fluid disposal pit: Pit, other than a reserve pit, used for disposal of spent drilling
Formatted: Font: Times New Roman, 12 pt
Formatted: Font: Times New Roman, 12 pt
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Formatted: Pattern: Clear (Backaround 1)
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- (Background 1)
- -------------------------------------------------------------------------------- -------------------------------
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Fresh makeup water pit: Pit used in conjunction with drilling rig for storage of fresh water used . - -- [ Formatted: Font: -Times New Roman, 1z pt
- - -- - - -- - - -- - - -- - - --
to make up drilling fluid or hydraulic fracturm� — Formatted Font Times New Roman 12 pt
Mud circulation pit: Tit used in conjunction with drilling- rig for storage of drilling fluid Formatted: Font: 12 pt
currently being used in drilling operations.
Reserve pit: Pit used in conjunction with drilling rig for collecting spent drilling fluids; cuttings,
sands, and silts; and wash water used for cleaning drill pipe and other equipment at the well site.
Reserve pits are sometimes referred to as slush pits or mud pits.
Saltwater disposal pit: Pit used for disposal of produced saltwater.
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------------------- ------------------------------- - - ---------------------------------------------------------
5
Washout pit: Pit- located at a truck yard,- tank yard, or disposal facility- for storage or disposal- of Formatted: Font: 12 pt
oil and gas waste residue washed out of trucks, mobile tanks, or skid - mounted tanks.
Water Condensate pit: Pit used in conjunction with a gas pipeline drip or gas compressor station
for storage or disposal of fresh water condensed from natural gas. , Formatted: Font: Times New Roman, 12 pt
°
[Formatted: Pattern: Clear (Background 1)
Plugging and Abandonment. - 'r e Formatted: Font: Times New Roman, 12 pt
of the well, abandoned, orphaned or otherwise, in accordance with RRC Statewide Rule 3.14 and _ - Formatted: Font: Times New Roman, 12 pt
restoration of the Drilling and Production Site as required by this Subchapter.
Production A {Formatted: Font: Times New Roman, 12 pt
drilling and development involving= or�erations ineludin�, but not linnited to, gas wells, tanks,
dehydrators, separators, rnud pits, ponds, tank batteries or associated mechanical equipment. and
during which hydrocarbons are extracted from the gas field, excluding those operations and
facilities as defined and reGulated by the Pipeline Safety Act of 1994. �.C. bb 60101 —
60137.
Protected Use. Any dwelling, church, public park, public library, hospital, pre - kindergarten,
kindergarten or elementary, middle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
- --- l Formatted: Pattern: Clear (Background 1)
Railroad Commission (RRC). The Railroad Commission of Texas.
Reduced emissions completion. A well completion following fracturing or refracturing where Formatted: Font: 12 pt
gas flowback that is otherwise vented is captured, cleaned, and routed to the flow line or
collection system, re- injected into the well or another well, used as an on -site fuel source, or used
for other useful purpose that a purchased fuel or raw material would serve, with no direct release
to the atmosphere.
Site- specific authorization means the prior approval by ordinance of City Council, of one or- , , { Formatted: Font: Times New Roman, 12 pt
more specifically located and defined gas well site locations, subject to further site design, Formatted: Pattern: Clear (Background 1)�
development, regulatory and permitting requirements, as set forth in this Code or as specified
within the site approval ordinance (or both), as applicable.
Formatted: Font: Times New Roman, 12 pt
Redrill. Any work to an existing well bore ar an existing surface hole location after initial
drilling that requires a new pern�ft from the d'exas Railroad Commission. This definition
includes, but is not limited t<a, recomnletions, sidetrack wells, drillin(� into a new horizon or
drillin(� multiple drectionals fron7 the same sulf {lce hole location or using the same vertical
wellbore. Redrill does not include Workover C)nerations.
Formatted: Footer, Tab stops: 0 ", Left
------------------- ------------------------------- - - -------------------------- -------------------------------
`site preparation �a ready a I7rillin� and F'ratectian Site far I7rillin� /lctivities by stal�in___the
1<rcatian installing erasian and sediment central practices, site clearing and grading, initial rig
moves, and product. deliveries.
Tank. A natural or man -made container, covered or uncovered in which to store contain or mix
-------------------------------------------------------
liquids or hydrocarbons used or produced in conjunction with the drilling, stimulation or
production t sactivities, of an oil or gas well.
-+E
ti�7Hk3rit� $£tFf33�3eL#tiH$Hpk3NF)FFiit
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Bold
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---------------------------
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Wildcat well. A well outside known fields or the first well drilled in an oil or gas field where no* • � Font color: Black, Border:: (No border)
other oil and gas production exists. Formatted: Font: 12 pt
Formatted: Pattern: Clear (Background 1)
Workover Operation. Work performed on a well after its initial completion to secure �� Formatted: Font: Times New Roman, 12 pt
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed or to repair the well. Workover
neratlanS may include Tefractt7:ring actlyltlC;S - - -- ,Formatted: Font: Times New Roman, 12 pt
- Formatted: Font: Times New Roman, 12 pt,
Font color: Black, Border:: (No border)
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(Background 1)
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35.22.3. - Required Authorization for Gas Well Drilling and Production in City Limits.
A. Zoning District Classifications for Gas Well Drilling and Production.
1. The drilling and production of gas within the corporate limits of the City on
existing Drilling and Production Sites shall be permitted by right within the Rural
Residential (RD -5) or within any unzoned area of the City that is subject to the
use regulations of the RD -5 District, Rural Commercial (RC), Neighborhood
Residential 1 (NR -1), Neighborhood Residential 2 (NR -2), Regional Center
Commercial Neighborhood (RCC -N), Regional Center Commercial Downtown
(RCC -D), Employment Center Commercial (EC -C), Employment Center
Industrial (EC -I), Industrial Center Employment (IC -E) and Industrial Center
General (IC -G) Zoning Districts, except as provided in subsection B, and subject
to obtaining a Consolidation Permit and compliance with the requirements of this
Subchapter.
2. The drilling and production of gas within the corporate limits of the City on
existing Drilling and Production Sites in all other 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 Development (PD) district, or site -
specific authorization in Master Planned Community (MPC) district.
Notwithstanding the provisions of Subsection A, approval of a Specific Use
Permit also shall be required for gas well drilling and production on any land
located within the 100 -year flood fringe or within one thousand, two hundred
(1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville.
Such drilling and production activities shall be subject to obtaining a
Consolidation Permit and compliance with the requirements of this Subchapter.
3. Drilling and production of gas within the corporate limits of the City on new
drilling and production sites shall be permitted through approval of a Gas Well
Combining District pursuant to the requirements of Section 35.22.7.16.
B. No gas well drilling or production activities may commence within the City limits until
the following authorizations have been obtained, in the following sequence:
1. Approval of a Gas Well Combining District to establish any new Drilling and
Production Site pursuant to Section 35.22.7.16, or approval of a Consolidation Permit
to authorize a new gas well on an existing Drilling and Production Site pursuant to
Section 35.22.4.
2. Approval of a Preliminary Gas Well Development Site Plan pursuant to Section
35.22.6.A. Upon receipt of an approved Preliminary Final Gas Well Development
Site Plan, the operator may commence construction of a Drilling and Production Site.
No disturbance of the land is allowed until a Preliminary Final Gas Well
Development Site Plan is obtained. An application for a Site Preparation Permit must
accompany a request for a Gas Well Combining District or an application for a
Consolidation Permit.
3. Upon completion of Drilling and Production Site construction, and prior to any
additional activity on the site, the operator must obtain a Final Gas Well Development
Site Plan pursuant to Section 35.22.6.B.
4. Approval of a Gas Well Permit authorizing Initial Drilling Activities from the Denton
Gas Well Division pursuant to the application requirements and standards of Section
35.22.7.
5. Approval of a Temporary Above - Ground Storage Tank Permit from the Denton Fire
Department.
6. Approval of Gas Well Operational Permit from the Denton Fire Department.
7. When all approvals contained in Sections 1 - 6 above have been obtained, applicant
may commence Initial Drilling Activities.
8. Approval of a Flammable and Combustible Liquids Construction Permit from the
Denton Fire Department.
9. Approval of a Flammable and Combustible Liquids Operational Permit from the
Denton Fire Department.
10. Approval of a Gas Well Permit authorizing Completion Operations and Production
Activities from the Denton Gas Well Division pursuant to the application
requirements and standards of Section 35.22.7.
11. When all approvals contained in Sections 1 - 10 above have been obtained, applicant
may commence Completion Operations and Production Activities.
12. Amendments to the authorizations set forth in this Section shall be as required in the
provisions governing the original application.
13. New drilling or production activities on an existing Drilling and Production Site that
is subject to an approved Watershed Permit, or on sites which required a Watershed
Permit under prior regulations, but for which site no Watershed Permit was issued,
are subject to the requirements of Section 35.22.5.C. The applications for any
authorization for gas well drilling and production listed in Subsection must be
submitted and approved in the numerical order listed. No subsequent application shall
be determined to be complete and hereby is deemed to be incomplete until all
2
required prior applications have been approved, and no completeness determination
shall be made until such prior applications have been approved.
D. Applications for gas well drilling and production shall expire under the following
circumstances:
1. A Specific Use Permit, or site - specific authorization in a PD district or MPC district,
which was approved under prior gas well regulations expires according to its terms;
2. A Watershed Protection Permit, if applicable, expires with the expiration of a Final
Gas Well Development Site Plan.
3. A Consolidation Permit expires unless a complete application for a Final Gas Well
Development Site Plan has been filed within two (2) years of the approval of the
Consolidation Permit.
4. A Preliminary Gas Well Development Site Plan expires either with the expiration of a
Consolidation Permit, or in other circumstances, unless a complete application for a
Final Gas Well Site Development Plan has been filed within one (1) year of the date
of the approval of the Preliminary Gas Well Development Site Plan.
5. A Final Gas Well Development Site Plan expires unless a complete application for a
Gas Well Permit has been filed within one (1) years of the date of approval of the
Final Gas Well Site Plan.
6. A Gas Well Permit expires if the particular stage of authorized activity (i.e, Drilling
Activities or Completion Operations and Production Activities) has not commenced
within six (6) months of the date of approval of the Gas Well Permit.
7. The expiration of any subsequent application results in the expiration of all prior
approved applications for the same activity.
E. Following expiration of an approved application for gas well drilling and production, a
new application must be submitted.
F. The authorizations required by this Subchapter are in addition to, and not in lieu of, any
permits that may be required by any other provision of the Denton City Code or by any
other government agency.
G. Legal Non - Conformity; Exceptions.
1. Non - conformities. The provisions of Subchapter 11 are applicable to gas well
drilling and production activities, except as provided hereinafter.
a. For purposes of Subchapter 11, the drilling of a new gas well and associated
production activities do not constitute an existing lawful use.
3
b. Every Operator of a Drilling and Production Site that has been annexed into the
City shall register the Drilling and Production Site within 30 days of the effective
date of the annexation.
c. The adoption of zoning district regulations for a Gas Well Combining District, the
creation or amendment of a Combining District, or amendment of the permitted
use tables and limitations in Subchapter 35 -5 to provide for gas well drilling and
production activities shall not affect the legal status of drilling and production
activities existing on the effective date of this amendatory ordinance.
d. The adoption of regulations for designation of consolidated drilling and
production sites, or the application of such regulations to existing drilling and
production sites shall not affect the legal status of drilling and production
activities existing on the effective date of this amendatory ordinance.
e. The adoption of regulations requiring setbacks from protected uses, or the
application of such regulations to existing Drilling and Production Sites shall not
affect the legal status of drilling and production activities existing on the effective
date of this amendatory ordinance.
2. The standards or procedures implemented by this amendatory ordinance (Ordinance
No. ) shall not affect the processing and approval or disapproval of an
application for a gas well permit that was pending for decision on the effective date of
this amendatory ordinance, or any subsequent permit applications for the same gas
well, or for a gas well for which a gas well permit was approved prior to the effective
date of this amendatory ordinance, except to the extent necessary to give effect to this
subsection F. For purposes of this subsection 2, an amended gas well site plan
application is not a subsequent permit application.
3. Authorizations or applications excepted under subsection 2 are subject to all gas well
drilling and production standards in effect immediately prior to the effective date of
the amendatory ordinance (Ordinance No. ).
4. To the extent that any exception provided under subsection 2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
9
II)m 11- 3.11-- - - - - -- Formatted: R- -i -g h-t- -------------------------------- — — — — ----
11 ------------------------- -------
--------------------------------------------------------------------------------------------------------------------
35.22.4-3. - Required Authorization for Gas Well Drilling and Production in City Limits. Formatted: Indent: Left: 0"
Formatted: Font: Bold, Font color: Auto
Production.
1 the drilling and production of gas within the corporate limits of the City on
existing dDrillin and pProduction sSites shall be permitted by gri ht within he
Rural Residential (PD -5) or within env unzoned area of the Ci that is subect to
the Neighborhood
R Regional Center
C Commercial Downtown
I Industrial Center
(several �-oLzonrngy Districts except as provided �m subsection �Band �sLibcct,
to retuirements of
this Subchapter.
2. the drilling and production of gas within the corporate limits of the City on
existing dDrillin and pPr<'rductian sSites in all ether zoning districts shall be
permitted only by `�necitic �7se Permit. pursuant to subchapter 35.x, or throu�517
approval of a Detailed Plan in a Planned Development ID district or site -
specilic authorization in Master Planned Community (NII'C)
Notwithstandin(5 the rovisions of Subsection A, approval <,l' a Specific �7se
Permit also shall be reduired for gas well drilling and production on any land
located within the 100 -year flood fringe ar within ape thousand, twa hundred
(1,200) feet <,P the flood pool elevation <,P Lake Ray Roberts or Lake Lewisville.
Such—drillin—and production _activiti�essIyrllbc subject _toobtauun,—�a
L2
eConsolidation pPermit and compliance with the requirements <,Pthis Subchapter.
3. Drillings
drillin,—and production sites shall be
Combining District pursuant to the reduirements of Section 35.22.7.16.
L3. No gas well drilling or production activities may commence within the City limits until
the following authorizations have been obtained, in the following sequence: [Formatted: Indent: Hanging: - 0.25"
I
1. Approval of a 4F,c, : c; Q rsl
r„ —,is Well Combining
District to establish any
4sit �-s 'Production -�sSitc pursuant to Section
35.22.7.16, or approval of a Consolidation Permit to authorize a new gas well on an
existing and P�roduction �-sSite purswin�tto Section-A-g-,_35.22.4.
Approval of a 7
Prelinminary- Gas Well Development Site Plan t nu want; to
Section 35.22.6.A. Upon receipt of an approved Prehminary i as WLII Development
well 4Drilling and c r Produc tlon sS1tL Nu dl5turbanc L of the land
is allowed until a Prehminary iras Well Development Sitc flan 1s obtained. An
application for a Site Preparation Permit must accompany quest for a Gas Well
Combining District or an application for a Consolidation Permit.
f1fNi1
additional activity on the site, the <rperator must obtain a Final Gas Well Develo nit
Site Plan pursuant to Section 35.22.013
4- Approval of a Gas Well
of Section- 35.22.7.
Formatted: Font color: Auto
Formatted: Font color: Auto
- -- - - - - -- -- - - - - -- -- - - - - --
----------------- - - - - --
Formatted: Font color: Auto
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Formatted: Font color: Auto
Formatted: Font: Times New Roman, 12 pt,
Font color: Auto
Formatted: List Paragraph, Tab stops: Not at
0.75"
Formatted: Font color: Auto
)rizing Initial Drilling Activities _ r , from -� Formatted: List Paragraph, Indent: Left: 0.5 ",
to the application re q uirements and standards Hanging: 0.25"
Formatted: Indent: Left: 0.5 ", Hanging:
0.25 ", No bullets or numbering, Tab stops: Not
a, at 0.5" + 0.75"
1. ii+rr5. Approval <,l' a d'en7porary Above - Ground Stora(e d'anlc Permit
from the Denton Fire Department.
C. Approval <,l'Gas Well Operational Permit from. the Denton Fire Department.
7. When all approvals contained in Sections 1 - �6 above have been obtained, a licant
may cammence Initial Drilling Activities.
�. Approval of a F'larnmable and Combustible Liquids Construction Permit from the
Denton Fire Department.
�). Approval <,l' a Flammable and Combustible I,icuii ds Operational Permit from the
Denton Fire Department.
14. Approval of a Gas Well Permit authorizinL Completion Operations'
and Froduction Activities from the Denton Gas
Well Division pursuant to the application requirements and standards of Section
Ir,X)7
114. When all approvals contained in Sections 1 - 10 above have been obtained,
applicant may commencL Completion Operations and Production Activities.
Formatted: Font color: Auto
-- --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - --
Formatted. Font color: Auto
Formatted: Indent: Hanging: 0.25 ", Tab
stops: Not at 0.75"
Formatted: Left, Tab stops: 0 ", Left
2
35.22.3 -Required Authorization for Gas Well Drilling and Production (AL Redline 12 -8 -1414) m�
12. Amendments to the authorizations set forth in this Section shall be as required in the
provisions (�overnin(,� the ori(,�inal application.
13. New drllhn� aT Taduetlan aet1y1t1eS an an eXlstln , dDrlllm and Production BSite. Formatted: Indent: Left: 0.5"
that is sLiVect to an approved Watershed Permit, or on sites which required a
Watershed Permit under prier re�ulatians, but far which site na Watershed Permit
was issued, are sabred to the requirements of Section 35.22.S.C. 'f'he applications
for any authorization for gas well drilling and production listed in Subsection A
ff+a�,Lnust be submitted r lip l- i r- Nt tk
approved in the numerical order listed. No subsequent
application shall be determined to be complete and hereby is deemed to be
incomplete until all required prior applications have been approved, and no
completeness determination shall be made until such prior applications have been
approved.
reaeD_�____Agplications for gas well drilling and production shall
expire under the following circumstances:
-- - Formatted: Indent: Hanging: 0.25 ", Tab
1. A Specific Use Permit, or site - specific authorization in a PD district or MPC district, stops: Not at 0.75"
which was approved under prior pas well regulations expires according to its terms;
2. A Watershed Protection Permit, if applicable, expires with the expiration of a Final
Gas Well Development Site Plan.
Formatted: Indent: Left: 0.5 ", Hanging:
3. rel1 -A eConsolidation pPermit expires unless a 1 0.25" J
complete application for a Final Gas Well Development Site Plan has been t11ed
within two (2) years of the approval g,f the Consolidation Permit.
4. A Preliminary F4+kt —Gas Well Development Slte Plan expires either with the" � Formatted: Pattern: Clear (Background 1)
eiration of a Consolidation Permit, or in other circumstances, unless a cam P lete
application fora Final Gas Well Site Development Plan has been filed within one (1)
yew ear of the date of the approval of the siitf> frht Preliminary Gas Well
Develgpment Site flan.
4
5. A Final Gas Well Develgpment Site flan expires unless a con? lete application f <rr a
Gas Well Permit has been filed within one (1) year of the date of approval of the
Final Gas Well Site Plan.
6. A Gas Well Permit expires if the particular stage of authorized activity�� Formatted: Pattern: clear
4illit b aetiv ties (i.e., Drilling Activities or Completion Operations and Production
Activities ) has-,ze not commenced within six (6) months of the date of approval of the
Gas Well Permit.
Formatted: Normal, Indent: Left: 0.5 ",
-2 7_. The expiration of any subsequent application results in the expiration of all prior4� Hanging: 0.25 ", No bullets of numbering,
approved applications for the same activity. Pattern: clear, Tab stops: Not at 0.5"
Formatted. Left, Tab stops: 0 ", Left
3
35.22.3 -Required Authorization for Gas Well Drilling and Production (AL Redline 12 -8 -1414) m�
l a — Formatted: Normal, Indent: Left: 0.25 ",
--_---Following expiration of an approved application for gas well drilling and Hanging: 0.25 ", No bullets or numbering, Tab
stops: Not at 0,5"
production, new application must be submitted �-� e� * ¢ ^" T'
EF. The authorizations required by this Subchapter are in addition to, and not in lieu of, any
permits that may be required by any other provision of the Denton City Code or by any
other government agency.
_120. Legal Non - Conformity; Exceptions.
Non - conformities. The provisions of Subchapter 11 are applicable to gas well
drilling and production activities — except as provided hereinafter.
a. For purposes of Subchapter 11, the drilling of a new gas well and associated
production activities do not constitute an existing lawful use.
4- b. Every Operator of a Drilling and Production Site that has been annexed* Formatted: Normal, Indent: Left: 0.75',
into the City shall register the Drilling and Production Site within 30 days of the Hanging: 0.25", No bullets or numbering, Tab
effective date of the annexation. stops: Not at 0.5" + 0.75"
2 P—rrAt C. Me adoption of zoning district regulations for a Gas Well
Combining District, the ii+rrp °°
T „i rz�.=� � n�.uz�..�. � creation or ,.
a*- amendment
an 4- 24of a Combinin-) District, or
"''-5 -+ tnez= -r i iE ab t e it- immendment of the permitted use tables
and limit tations in Subchapter 35-5 to provide for gas well drilling and production,
itea r pie e altar activities shall not affect the le Sal status <rf drillin 5
and Production activities existing5 on the effective date <,f' this amendatory
ordinance.
d. The adoptian crf re�ulatians f<rr desienatian crf cansolidated drilling and
production sites, or the application of such regulations to existui (Y drilling and
production sites shall not affect the legal status of drilling and production
activities existing5 on the effective date <rfthis amendatory ordinance.
e. The adoption of re(�ulations recinirin(5 setbacks from protected uses, or the
application of such regulations to existing dE)nllin and PProduction aSites shall
not affect the legal st <ftns <,P drillings a r?d production activities existing on the
effective date of this amendatory ordinance.
2. The standards or procedures effected by this amendatory ordinance (Ordinance No.
shall not affect the processin(� and approval or disapproval <,P an application f <rr
a ras well permit that was pendin(� fur decision on the effective date of s�this
amendatory ordinance, or any subset tri ent permit aFsplications f <rr the same (5as well,
or for a ,5as well for which a (5as well permit was ap roved prior to the effective date
of thise amendatory ordinance, except to the extent necessary to give effect to this
subsection ses of this
subsection
Formatted: Left, Tab stops: 0 ", Left
35.22.3 -Required Authorization for Gas Well Drilling and Production (AL Redline 12 -8 -1414)
3. Authorizations or applications excepted under4kis, subsection 2 are subject to all gas
well drilling and production standards in effect immediately prior to the effective date
of the amendatory ordinance (Ordinance No. ). Ord t
w++-44+e
r 45.
4. To the extent that any exception provided under subsection 2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
Formatted: Left, Tab stops: 0 ", Left
35.22.3 -Required Authorization for Gas Well Drilling and Production (AL Redline 12 -8 -1414)
TI �-
Formatted: Left, Tab stops: 0 ", Left
35.22.3 -Required Authorization for Gas Well Drilling and Production (AL Redline 12 -8 -1414)
35.22.4. — Consolidation Permits
A. Purpose
It is the intent of this section to establish a consolidated gas well site that allows
reasonable exploitation of mineral resources through gas well development while
minimizing to the greatest extent practicable conflicts between gas well developments
and existing and future residential, commercial and industrial developments and, in
particular, conflicts that arise between gas well developments and protected uses.
Through approval of a Consolidation Permit, existing and future gas well development
may be authorized on the best situated existing drilling and production site, while future
gas well development may be restricted on other existing drilling and production sites.
B. Applicability
1. Consolidation Permit. Except as provided in subsection (2), no watershed
protection permit, original or amended gas well development site plan or gas well
permit application may be approved for an existing drilling and production site
which has not been authorized through creation or amendment of a Gas Well
Combining District, unless the applicant has first obtained a gas well
consolidation permit designating a consolidated drilling and production site.
2. Exceptions. A gas well consolidation permit is not required if, on the effective
date of this Section, one of the following circumstances exists:
a. An unexpired Gas Well Permit already has been issued for a gas well to be
located on an existing drilling and production site; or
b. A complete application for a Gas Well Permit has been filed for a
proposed new well on an existing Drilling and Production Site and is
pending for decision. If the permit application is denied, a subsequent
application shall undergo consolidation review; or
C. No Gas Well Permit is required for the proposed drilling or production
activity, unless the Operator desires to perform re- drilling or re-
completion activities so as to require compliance with this Chapter; or
d. The existing Drilling and Production Site is located within an approved
Master Planned Community (MPC) District, Planned Development (PD)
District or is subject to a Specific Use Permit, which designates drilling
and production sites and establishes rules for consolidation of gas wells on
such sites consistent with the intent of this section.
All separation standards in Section 35.22.8.A shall apply to any well that
qualifies for an exception under this subsection.
C. Application Requirements
Pre - application Conference. The applicant shall schedule a conference with the
Oil and Gas Inspector before filing an application for a Consolidation Permit in
order to discuss alternative locations for a consolidated gas well site and available
options.
2. Application Contents. The mineral lessee or operator shall be the applicant. The
applicant shall designate an existing Drilling and Production Site as a
consolidated well site, providing the following information:
a. A property description of all lands for which applicant holds or controls the
mineral lease within one mile of proposed gas well location, including areas
within the City's extraterritorial jurisdiction;
b. A metes and bounds description of the proposed consolidated site;
C. Location of all existing, approved Drilling and Production Sites including
consolidated sites, owned or under lease by the applicant within one mile of the
proposed consolidated site, including areas within the City's extraterritorial
jurisdiction;
d. All existing and authorized wells owned, leased or operated by the applicant
within one mile of the proposed consolidated site;
e. The distance of the proposed Drilling and Production Site and each existing or
newly planned Drilling and Production Sites described in subsections (b) through
(d) to existing or approved Protected Uses.
£ Separation distances drawn and labeled on the plan from each proposed well to
the nearest internal boundary lines of the proposed consolidated site and
separation distances from drawn between each existing or proposed well;
g. A Preliminary Gas Well Development Site Plan for the proposed consolidated
site, prepared in accordance with Section 35.22.6.A;
h. A detailed site plan that clearly depicts the proposed consolidated site and
surrounding properties that includes zoning district labels for the site and
surrounding properties; notes indicating whether a Gas Well Development Site
Plan, Gas Well Development Plat, Consolidated Site or an SUP was previously
approved for the subject site; and dimensions of any required buffers per DDC
Section 35.13.8. The Plan shall include distance measurements to Protected Uses
within 1,200 feet of the site, identify Environmentally Sensitive Areas ( "ESAs ")
and label any FEMA 100 -year floodplain and floodway. Flood plain information
must be shown for all areas within one mile of proposed consolidated site.
D. Processing of Application
L Filing and Completeness Review. The application for a consolidation permit shall
be filed with the Department. The application shall be reviewed for completeness
by the Oil and Gas Inspector in accordance with the procedures of Section
35.16.8.
2. DRC Review. If the application is determined to be complete, it shall be sent to
the DRC for review, which must be completed within 10 days of the filing of a
complete application.
3. Applicant's Request for Limitation on Contiguous Leased Area. If an applicant
contends that one or more areas within the contiguous area subject to mineral
leases held by or under the control of the applicant should not be considered in
designating a consolidated site, it shall identity such areas and present its reasons
with the application for a consolidation permit. The Oil and Gas Inspector shall
notify the applicant of its rights to request a special exception from the Board of
Adjustment pursuant to Section 35.22.14. If an applicant chooses to appeal the
matter to the Board, all further review of the Consolidation Permit application
shall be suspended pending the Board's decision on the appeal.
E. Criteria and Decision
1. Designation of Contiguous Leased Area. From the information submitted by the
applicant, or as determined by the Board pursuant to section 35.22.3.D, the Oil
and Gas Inspector shall designate the boundaries of the area subject to contiguous
mineral leases owned by or under the applicant's control within one -half mile of
the proposed gas well location and which constitute the area within which the
request for a consolidated site will be evaluated.
2. Criteria. In evaluating an application for a Consolidation Permit, the Oil and Gas
Inspector shall apply the following criteria:
a. An existing Drilling and Production Site may not be designated as a
consolidated gas well site if-
(1) The site is located within a flood plain or other ESA;
(2) The boundaries of the site are 500 feet or less from a protected use;
(3) The site is located within 2,640 feet of an approved consolidated
site under the control of the same operator; or
(4) There is another Drilling and Production Site within the contiguous
leased area that is a greater distance from protected uses;
3
b. The proposed site must be able to accommodate the number of additional
wells permitted for the area subject to the mineral lease(s). The number of
wells authorized for a consolidated site shall be computed at the ratio of
one additional well per 20 acres subject to the lease(s), up to 32 gas wells
per square mile of leased area. The number of gas wells allowed shall be
reduced by the number of gas wells authorized on other existing drilling
and production within the leased area, but an additional well shall be
authorized for every plugged and abandoned well on another drilling and
production site within the contiguous leased area. The maximum area for
a consolidated site shall not exceed five acres unless the consolidated site
accommodates more than one operator. The maximum area can be
increased one (1) acre for each additional operator that locates wells on the
consolidated site.
C. The gas well administrator may not approve a consolidated site that is less
than the following minimum separation distance from a protected use,
relative to the size of the contiguous leased area to be restricted, unless the
Board of Adjustment authorizes a lesser separation distance:
Minimum Separation Distance
1000 feet
800 feet
Contiguous Leased Acreage
1 -160 acres
161 -640 acres
d. The site must be served by a road network that has adequate capacity to
serve all proposed gas well development proposed for the site.
e. In comparing the proposed site with other existing Drilling and Production
Sites that meet the criteria for a consolidated gas well site, the following
shall be taken into consideration:
(1) Land within the mineral leasehold that is zoned for industrial
purposes shall be prioritized over all other locations for the gas
well consolidation permit.
(2) In considering relative separation distances, residential uses shall
be given preference over other Protected Uses
3. Decision. The gas well administrator shall approve or deny the permit within 5
days of receiving the report of the DRC and shall notify the applicant in writing of
his decision. If the permit application is denied, the administrator shall state the
reasons for denial and may state whether an alternative Drilling and Production
Site within the area subject to the mineral lease(s) would qualify for designation
H
as a consolidated gas well site. If the permit application is approved, the Oil and
Gas Inspector shall act upon the preliminary Final Gas Well Development Site
Plan submitted with the application in accordance with the procedures in Section
35.22.6.B.
4. Permit Provisions. The consolidation permit shall specify the following:
a. The maximum number of gas wells authorized for the consolidated site;
b. Identification of the approved and recorded development plat that (i)
identifies the consolidated site, (ii) the boundaries of the area within which
no future drilling or production activities shall take place, and (iii)
identification of the other drilling and production sites within such
restricted area; and
C. A statement that no new wells shall be established on other Drilling and
Production Sites shown on the development plat.
5. Conditions. As a condition of granting the consolidation permit, the applicant
shall:
a. file a development plat for the designated contiguous leased area that:
(1) vacates any existing development plats designating Drilling and
Production Sites;
(2) designates the consolidated site by metes and bounds description
and incorporates the terms of the consolidation permit;
(3) limits drilling and production activities on all other Drilling and
Production Sites to existing well(s) or wells authorized under an
exception to the requirements for a Consolidation Permit pursuant
to subsection 35.22.4.B.2; and
(4) states that no other Drilling and Production Sites may be
established within the boundaries of the plat.
b. The applicant shall record the development plat within 30 calendar days
following approval by the Oil and Gas Inspector.
C. Provide roadway improvements needed to offset the impacts of traffic
from the consolidated gas well site.
6. Appeal. Appeal of the gas well administrator's denial of the consolidation permit
application shall be to the Board of Adjustment pursuant to Section 35.22.14.A.
5
F. Effect of Approval.
The approval of a Consolidated Permit designating a consolidated site shall have the
following effects:
a. All Gas Well Permit applications submitted thereafter for the consolidated site
shall not be subject to the separation standards in Section 35.22.5.A.1.
b. Gas well drilling and production activities on all other Drilling and Production
Sites within the area subject to the development plat shall be limited to existing
activities or those authorized by an exception pursuant to subsection 35.22.4.B.2.
C. Surface developments will be subject to the minimum reverse setbacks from the
consolidated site and from all other Drilling and Production Sites included within
the area subject to the Consolidation Permit in accordance with Section
35.22.8.A.2.
G. Option.
An applicant for a Gas Well Permit for an existing Drilling and Production Site, in lieu of
submitting the application for a Consolidation Permit as required by this Section, and
following consultation with the Oil and Gas Inspector, may apply for a Gas Well
Combining District pursuant to Section 35.7.16 of the Denton Development Code.
C,
Section 35.22.5. Watershed Permits for Gas Well Developments
A. Applicability.
I. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes
land in any floodplain or ESA within the corporate limits or ETJ of the city. Approval
of a Watershed Protection Permit authorizes the processing of a complete application
for a Gas Well Development Site Plan or Gas Well Development Plat, as the case
may be, that includes land in a floodplain or ESA.
2. A Watershed Protection Permit application may be submitted simultaneously with an
application for a Gas Well Development Site Plan or Gas Well Development Plat.
B. Application Requirements and Processing. A Watershed Protection Permit shall be
processed in accordance with the following:
I. An application for a Watershed Protection Permit shall contain the following
information and such information as may be required by the Development Review
Committee and the Environmental Services Department, which is reasonably
necessary to review and determine whether the proposed development and required
facilities meet the requirements of this Subchapter and as required by the Application
Criteria Manual. In addition the information shall include the following:
a. A Tree Inventory Plan shall show the location of ESAs on any proposed Drilling
and Production Site.
b. Any request to remove tree(s) shall be accompanied by a letter from a certified
geologist or engineer that indicates why the well site cannot be located to avoid
the trees. If Operator has chosen to pay into the Tree Mitigation Fund, such funds
shall be paid prior to final approval of a Drilling and Production Site within an
ESA.
c. Show location of ESAs on proposed Drilling and Production Sites.
2. All applications for Watershed Protection Permits shall be filed with the Department,
who shall immediately forward all applications to the DRC for review. Incomplete
applications shall be returned to the applicant, in which case the City shall provide a
written explanation of the deficiencies if requested by the applicant. The City shall
retain a processing fee determined by the City Council. The City may return any
application as incomplete if there is a dispute pending before the Railroad
Commission regarding the determination of the operator. No application shall be
deemed accepted for filing until the application is complete.
C. Decision.
1. Each application for a Watershed Protection Permit for gas well development shall be
decided by the Director of Environmental Services following DRC review.
2. Criteria for Approval. In deciding the application for a Watershed Protection Permit,
the DRC shall apply those standards set forth in Section 35.22.6.D. The DRC may
attach such conditions to approval of a Watershed Protection Permit as are necessary
to assure that the requirements of Subsection D are met.
3. Each Watershed Protection Permit approved by the DRC shall:
a. Identify the name of each well subject to the permit;
b. Specify the date on which the Permit was issued;
c. Incorporate by reference all applicable standards of approval; and
d. Incorporate by reference all applicable conditions of approval.
D. Watershed Protection Permit Criteria
The standards in this subsection are adopted pursuant to the authority granted by Texas
Local Government Code, Section 551.002 and Chapter 211 and are intended to minimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential for contaminating surface water or any water supply.
1. Location of Sites. Drilling and Production Sites shall be located outside ESAs
whenever practicable to minimize adverse impacts on these areas, reduce flood
damage, and lessen the potential for contaminating surface water or any water supply.
2. Riparian Buffers. For all ESAs prior to the approval of a Gas Well Development
Plan:
a. If a riparian buffer is designated as "fair" to "excellent" ESA, the designated
protective stream buffer width as specified in Subchapter 17 of the Denton
Development Code shall apply, and no encroachments shall be allowed.
b. Within all areas except unstudied floodplains, if the stream is designated as a
"poor" ESA, the designated width of the protective stream buffer shall be
decreased by either fifty (50) percent or to the limits of the floodway whichever is
greater, but in no instance shall the protective stream buffer width be decreased
below twenty -five (25) feet measured each direction from the centerline of the
existing channel.
3. Tree Mitigation. Tree mitigation for gas wells located in an ESA shall be required and
shall be calculated on a one to one replacement value for one hundred (100) percent
of the dbh of trees removed from the Drilling and Production Site. Tree mitigation
shall be accomplished by planting replacement trees, within a floodplain, on -site or
off -site with similar tree species or by payment into a Tree Mitigation Fund. Tree
Mitigation Funds that are specific to ESA's will be kept separate from other Tree
Mitigation Funds and will only be used to either acquire wooded floodplain or
riparian property that remains in a naturalistic state in perpetuity, or to purchase
conservation easements within riparian or floodplain areas. Funds may be used to
purchase, plant, and maintain trees on public property, as long as the public property
is within a riparian area or floodplain.
4. Tree Removal Any request to remove tree(s) shall be accompanied by a letter from a
certified geologist or engineer that indicates why the well site cannot be located to
avoid the trees. If Operator has chosen to pay into the Tree Mitigation Fund, such
funds shall be paid prior to final approval of a Drilling and Production Site within an
ESA.
5. Limitation on Well Heads. Only one (1) well head may be placed in the Flood Fringe
or ESA under the following conditions:
a. Storage tanks or separation facilities shall be constructed at least eighteen (18)
inches above the established Base Flood elevation plus the surcharge depth for
encroachment to the limits of the floodway having a one (1) percent chance of
being equaled or exceeded in any year.
b. A hydrologic and hydraulic engineering study shall be performed by a Registered
Professional Engineer. The study shall be submitted to the Engineering
Department in a technical report for review by the City Engineer or his designated
representative. The report shall demonstrate that the proposed facilities will have
no adverse impacts on the carrying capacity of the adjacent waterway nor cause
any increases to the elevations established for the floodplain. When the Special
Flood Hazard Areas (SFHA) on the subject site is designated as "Zone A" on the
FIRM Panel, or the SFHA is not identified on the FIRM Panel, the following
approximate method may be used to evaluate the impacts from gas well
development. A flow rate shall be calculated using procedures set forth in the City
of Denton Drainage Criteria Manual. Using Manning's Equation with an estimate
of the average slope of the stream, measurements of a single irregular cross -
section geometry at the well site, and the one hundred (100) year discharge rate,
the average velocity and normal depth may be calculated. Calculations shall be
provided for the unaltered existing channel cross - section and for the proposed
modified channel cross - section and submitted to the City for review and approval
prior to construction within these areas.
c. No more than ten (10) percent of the floodplain, within the limits of the Gas Well
Development Site Plan or Gas Well Development Plat, may be filled.
6. Additional Standards inside City Limits. For land inside the City limits, all
conditions imposed by any applicable SUP, MPC District or a PD District for the land
subject to the Watershed Protection Permit, as well as the standards in Section
35.22.5.17, shall apply.
E. Post- approval Procedures.
I If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the Operator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the Oil and Gas Inspector
including but not limited to Waste Minimization Practices established by the RRC.
Cleanup operations shall begin immediately. A re- inspection fee shall be charged as
established by the City Council and published in the Application Criteria Manual.
2. An associated Watershed Protection Permit shall expire with the expiration of the Gas
Well Development Site Plan and may not be extended prior to expiration.
35.22.65. - Watershed Protection Permits for Gas --- I Formatted
Well Develo>GZments.
A. Applicability. Formatted: Font: Bold
-2 I. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes
land in any floodplain or ESA within the corporate limits or ETJ of the city. Approval
of a Watershed Protection Permit authorizes the processing of a complete application
for a Gas Well Development Site Plan or Gas Well Development Plat, as the case
may be, that includes land in a floodplain or ESA.
t - - -. -_l Formatted: Indent: Left: 0.5"
An apphcation for a Watershed Protection Permit shall contain the following Formatted: List Paragraph, Numbered + Level:
information and Such information as may be r 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5 + Indent at:
Environmental Set-vices Department, which is reasonably necessary to review and
0.75"
determine whether the )r posed devel<rpment and required facilities meet the
reduirements of this Subchapter and as reduired b the lication Criteria Manual.
In addition the information shall include the followingy information � Formatted Indent: Left 0
.� Formatted: List Paragraph, Numbered + Level:
1 + Numbering Style: a, b, c, ... + Start at: 1 +
a. A Free IriventoTy Plan Shall ShC)W file 1CJeatiCJn of I;SAS on any proJfJSed Drilling Alignment: Left + Aligned at: 0.75' + Indent
and Production Site. at: 1"
- -- [ :_Indent:_ Left: 0"
- - -- - - - -- - - --
b. A from a certified- — Formatted: List Paragraph, Numbered + Level:
eolo�ist or engineer that indicates Why the Well site cannot be pleated to avoid 1 + Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75' + Indent
at: 1"
the trees. If the ()aerator has chosen toy into the d'ree Vliti(5ation Fund, such
funds shall be paid prior to final approval of a Drilling and Production Site within
an ESA.
c. Show location of ESAs on
and Production Sites.
for Watershed Protection Permits shall be filed with
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Department, who shall immediately forward all applications to the DRC for review.
Incomplete applications shall be returned to the applicant, in which case the City shall
provide a written explanation of the deficiencies if requested by the applicant. The
City shall retain a processing fee determined by the City Council. The City may
return any application as incomplete if there is a dispute pending before the Railroad
Commission regarding the determination of the O(Verator. No application shall be
deemed accepted for filing until the application is complete.
decided by the Director of Environmental Services following DRC review
2. Crite rotection Permit;
the DRC shall a ly those standards set forth in Section 35.22.6.D. The DRC may
attach such conditions to approval of a Watershed Protection I'errnit as are necessary
to assure that the requirements <,l' Subsection D ale met.
3. Each Watershed I "rotection Permit aaproved by the DRC shall:
iS. 'i- 1iE;`- -�lri�. - "cescreec „I• „l• :` "1(kEPr1as°°t J'�°— £r°= rrzc }rs'.r-sar �.. `:M -ii1
+ a. identifv the name of each well subject to the
Formatted: Font: (Default) Times New Roman,
12 pt, Font color: Black
Formatted: Left, Indent: Left: 0.5 ", Space
After: 10 pt, Line spacing: Multiple 1.15 li, No
bullets or numbering, Pattern: Clear
Formatted: Font: (Default) Times New Roman,
12 pt, Font color: Black
Formatted: List Paragraph, Numbered + Level:
1 + Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1"
Formatted: Indent: Left: 0.5”
Formatted: Font: (Default) Times New Roman,
12 pt, Font color: Black
Formatted: List Paragraph, Numbered + Level:
1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at:
0.75 ", Tab stops: 0.5 ", Left + Not at 1"
Formatted: Font: (Default) Times New Roman,
12 pt, Font color: Black
Formatted: Indent: Left: 0 ", First line: 0 ",
Tab stops: 0.5 ", Left + Not at 1"
Formatted: Font: Bold
-- - - - - -- --
Formatted: List Paragraph, Numbered + Level:
1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at:
0.75 ", Tab stops: 0.5 ", Left + Not at 1"
Formatted: Font: Bold
Formatted: Indent: Left: 0 ", First line: 0 ",
Tab stops: 0.5 ", Left + Not at 1"
Formatted
Formatted
----------------------------------------------------------
Formatted
Formatted
-----------------------------------------------------------------------------
Formatted: Font: Not Bold
Formatted
Formatted
-k- bb Specify the date on which the Permit was issued; "[Formatted
Formatted
--------------------------
+i+- ". ncorporate by reference all applicable standards of approval; and gi Formatted
------------------------
Formatted
i-k d. Incorporate by reference all applicable conditions of approval. Formatted
Formatted
SD. Watershed Protection n,., ,.:.,.file .a.. for- 1z7,.n.. 11,.,.. tpa OIR -WARa -FAIRO A4u Formatted
ESA's. Permit Criteria Formatted
Formatted
The standards in this subsection are adopted pursuant to the authority granted by Texas -- Formatted: Indent: Lett: os"
Local Government Code, Section 551.002 and Chapter 211 and are intended to minimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential for contaminating surface water or any water supply.
-- -- Formatted: Indent: Hanging: 0.25', Tab
a. Tt,o „+ n 6 ,a n e ,hall apply to Trip:.,, .,a U,eEkletie1 s4e stops: 1 ", Left
.-„to limits 444@ Git. „ P@Qt,,., 41;i , tl,o RTT „Ftl,o C';t, 4P@t4t,,.4
b---1. Location of Sites. Drilling and Production Sites shall be located outside ESAs— — Formatted: Indent: Lett: 0.5"
whenever practicable to minimize adverse impacts on these areas, reduce flood
damage, and lessen the potential for contaminating surface water or any water supply.
2. Riparian Buffers. For all -ESAs prior to the approval of a Gas Well Development — Formatted: Normal, Indent: Left: 0.5',
Plan: Hanging: 0.25', No bullets or numbering, Tab
stops: Not at 1" + 1.25'
tea. If a riparian buffer is designated as "fair" to "excellent" ESA, the designated- - -- Formatted: Indent: Left: 0.75', Hanging:
protective stream buffer width as specified in Subchapter 17 of the Denton 0.25', Tab stops: Not at 1.5
Development Code shall apply, and no encroachments shall be allowed.
— __ — Formatted: Indent: Hanging: 0.25'
fib. Within all areas except unstudied floodplains, if the stream is designated as ate-- Formatted: Indent: Left: 0.75', Hanging:
"poor" ESA, the designated width of the protective stream buffer `shall be 0.25', Tab stops: Not at 1.5
decreased by either fifty (50) percent or to the limits of the floodway whichever is
greater, but in no instance shall the protective stream buffer width be decreased
below twenty -five (25) feet measured each direction from the centerline of the
existing channel.
— — Formatted: Indent: Left: 0.75'
e3. Tree Mitigation. Tree mitigation for gas wells located in an ESA shall be required Formatted: Indent: Left: 0.5 ", Tab stops:
and shall be calculated on a one to one replacement value for one hundred (100) 0.75', Left + Not at 1"
percent of the dbh of trees removed from the Drilling and Production Site. Tree
mitigation shall be accomplished by planting replacement trees, within a floodplain,
on -site or off -site with similar tree species or by payment into a Tree Mitigation
Fund. Tree Mitigation Funds that are specific to ESA's will be kept separate from
other Tree Mitigation Funds and will only be used to either acquire wooded
floodplain or riparian property that remains in a naturalistic state in perpetuity, or to
purchase conservation easements within riparian or floodplain areas. Funds may be
used to purchase, plant, and maintain trees on public property, as long as the public
property is within a riparian area or floodplain.
U r l tiet shall eeimini the fel'
�Te�t�- appric -aa�� g
l; ;.,.a t
A T,-oo IQ @t4wr 121at �,L,�11 �,L,.... tl,o lReatiRp „F RQ A s oa
4-4. Tree Removal Any request to remove tree(s) shall be accompanied by a letter - - Formatted: Indent: Lett: 0.5, Tab stops: Not
from a certified geologist or engineer that indicates why the well site cannot be at 1.25"
located to avoid the trees. If Operator has chosen to pay into the Tree Mitigation
Fund, such funds shall be paid prior to final approval of a Drilling and Production
Site within an ESA.
5. Limitation on
Well Heads. Only one (1) well head may be placed in the Flood Fringe or ESA under -- -- Formatted: Indent: Lett: 0.5, Tab stops: Not
the following conditions: at 1"
-- Formatted: Indent: Hanging: 0.25'
tea. Storage tanks or separation facilities shall be constructed at least eighteen— - Formatted: Indent: Lett: 0.75 ", Tab stops;
(18) inches above the established Base Flood elevation plus the surcharge depth Not at 1.25'
for encroachment to the limits of the floodway having a one (1) percent chance of
being equaled or exceeded in any year.
4b. A hydrologic and hydraulic engineering study shall be performed by a Registered
Professional Engineer. The study shall be submitted to the Engineering
Department in a technical report for review by the City Engineer or his designated
representative. The report shall demonstrate that the proposed facilities will have
no adverse impacts on the carrying capacity of the adjacent waterway nor cause
any increases to the elevations established for the floodplain. When the Special
Flood Hazard Areas (SFHA) on the subject site is designated as "Zone A" on the
FIRM Panel, or the SFHA is not identified on the FIRM Panel, the following
approximate method may be used to evaluate the impacts from gas well
development. A flow rate shall be calculated using procedures set forth in the City
of Denton Drainage Criteria Manual. Using Manning's Equation with an estimate
of the average slope of the stream, measurements of a single irregular cross -
section geometry at the well site, and the one hundred (100) year discharge rate,
the average velocity and normal depth may be calculated. Calculations shall be
provided for the unaltered existing channel cross- section and for the proposed
modified channel cross - section and submitted to the City for review and approval
prior to construction within these areas.
c. No more than ten (10) percent of the floodplain, within the limits of the
Gas Well Development Site Plan or Gas Well Development Plat, may be filled.
-- — Formatted: Indent: Left: 0 ", Tab stops: Not
at 0.75"
rie shall lb t F �ha-11 b s
9j3C3r�2zxvzx9 9�hi�r�vcg- tH— iiimx2Eliac213�f�— i2-- 1ii9�0E�xv'r'rz22 .mar— v�E�li%g2� —&..i
6.
Additional Standards inside City Limits. For land inside the City limits, all
conditions imposed by any applicable SUP, MPC District or a PD District for the land
subject to the Watershed Protection Permit, as well as the standards in Section
35.22.51, shall apply.
I If evidence from water quality monitorin( efl «rts indicates that contamination is
occnrrin(5 fron7 (5as wells, the ()aerator shall remove, cease to be removed, or
inclndin(� bat not lin7ited to Waste Minimir.ation I�ractices established by the I�1�C.
Cleanna operations shall bed in immediately. A re- inslsection fee shall be cllar ed as
established by the City Council and published in the Application Criteria Manual.
Well Devel<rpn7ent Site flan and may not be extended prior to expiration.
Formatted: Indent: Left: 0 ", First line: 0"
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font: (Default) Times New Roman,
12 pt
Formatted: Tab stops: 0.75 ", Left
Formatted: Tab stops: 0.75 ", Left + Not at
1"
35.22.6. Gas Well Development Site Plans
A. Preliminary Gas Well Site Plan
1. Applicability
An application for a Preliminary Gas Well Development Site Plan must accompany
a request for a Gas Well Combining District. The application will not be deemed
complete until a decision has been rendered on the Gas Well Combining District. A
request for an amendment to an existing Gas Well Development Site Plan approved
prior to the effective date of this amendatory ordinance (Ordinance No. ) shall
also require submittal of an application for a Preliminary Gas Well Development
Site Plan, and may require submittal of an application for a Consolidation Permit. If
an application for a Consolidation Permit is required, the application for the
Preliminary Gas Well Development Site Plan will not be deemed complete until a
decision has been rendered on the Consolidation Permit.
2. Application Requirements
a. A cover page that includes a vicinity map of the Drilling and Production Site; a
Sheet Index that identifies the number of Exhibits with titles for each (exhibit
titles shall begin with the word `Exhibit' and include the respective letter); the
Project Title; the date of preparation; the preparer, operator, and property owner's
names; space for the City project number; and a signature block for both the Gas
Well Administrator and the City Secretary;
b. A map showing transportation route and road for equipment, supplies, chemicals,
or waste products used or produced by the gas operation. The map shall include a
list of the length of all public roads that will be used for site ingress and egress
and the water source proposed for both the drilling and fracturing stages, showing
whether the water is to be hauled or piped to the site;
c. A site plan of the Drilling and Production Site showing clear site boundary lines
and the location of all on -site improvements and equipment, including: tanks,
pipelines, compressors, separators, and other appurtenances in relation to the
boundaries of the site;
d. A legal description of the proposed Drilling and Production Site; and
e. An Erosion and Sediment Control Plan. Exhibit must include contact information;
a physical site description including: land uses, general vegetation and surface
water in near proximity; topography /contour lines both pre- and post -
construction; hydrologic analysis including: stormwater directional flow, outfalls,
water well related structures and water sources; receiving waters; soils; project
narrative with general timeline; well pad site plan including: fueling areas, waste
disposal containers, hazardous materials storage, and product and condensate
storage tanks ; soil stabilization and erosion control measures including: list of
selected stormwater measures, site map of selected stormwater measures locations
and final stabilization plans; solid waste management plan, septic /portolet
location; and maintenance plan for stormwater controls including schedule and
transfer of ownership provision. See Gas Well Erosion and Sediment Control
Plan Guidance Document for details.
f Upon the decision by the City Council or Gas Well Administrator, a copy of the
approved Gas Well Combining District or Consolidation Permit, together with a
copy of the approved Watershed Protection Permit, where applicable.
3. Procedures and Criteria
a. Processing of application. An application for a Preliminary, Final or Amended
Gas Well Development Site Plan shall be processed in accordance with the
requirements of Section 35.16.19 of the DDC, and shall be decided by the Oil and
Gas Inspector.
b. Criteria. The Oil and Gas Inspector shall approve the application if it meets the
following standards:
i. The application is consistent with the Gas Well Combining District or
Consolidation Permit and any conditions incorporated therein.
ii. The application is consistent with any applicable SUP, MPC or PD site
specific authorization, or Watershed Protection Permit and any conditions
incorporated therein.
iii. The application meets applicable requirements of section 35.22.8.
iv. The size of the Drilling and Production Site is not more than five (5) acres in
size, unless such requirement has been modified under the terms and
conditions of a Gas Well Combining District.
c. Conditions. The Oil and Gas Inspector may impose conditions that assure
compliance with the terms of the prior approvals or standards of this Subchapter.
4. Effect.
Upon receipt of an approved Preliminary Gas Well Development Site Plan, the operator
may commence construction of a gas well drilling and production site. Following
construction of the site, the operator is authorized to submit an application for a Final Gas
Well Development Site Plan.
B. Final Gas Well Site Plan
1. Applicability.
A Final Gas Well Development Site Plan is required following construction of the Gas
Well Drilling and Production Site and prior to issuance of any Gas Well Permit.
2. Application Requirements
a. A mapping exhibit with an accurate legal description of the as -built Drilling and
Production Site that was prepared and certified by a Registered Professional Land
Surveyor of the State of Texas. Provide closure sheet of bearings and distances used
in legal description. The exhibit shall include exact location, dimension, and
description of all existing public, proposed, or private easements, and public right -of-
way within the lease area, intersecting or contiguous with its boundary, or forming
such boundary. Describe and locate all permanent survey monuments, pins, and
control points and tie and reference the survey corners to the Texas State Plane
Coordinate System North Central Zone 1983 -1999 datum. Provide proposed pipeline
route —note that a separate application may be necessary if the proposed route
encroaches onto any public easement, right -of -way or land owned by the City of
Denton;
b. A Landscape Plan. The project review planner will determine if a buffer is required
based on the adjacent land use(s). If Planner determines buffer is required, then a
landscape plan must be submitted in accordance with the City of Denton's Landscape
Plan Checklist. Not every Drilling and Production Site requires a landscape plan; and
c. A Tree Survey, for sites with trees. If trees are not present, provide an aerial image for
verification. The date of the tree survey must be no greater than two years prior to the
Gas Well Development Site Plan application date.
d. A copy of the approved Preliminary Gas Well Development Site Plan.
3. Procedures and Criteria
a. Processing of application. An application for a Final Gas Well Development Site
Plan shall be processed in accordance with the requirements of Section-35.16.19 of
the DDC, and shall be decided by the Oil and Gas Inspector.
b. Criteria. The Oil and Gas Inspector shall approve the application if it meets the
following standards:
i. The application is consistent with the approved Preliminary Gas Well
Development Site Plan.
ii. The application meets applicable standards in Section 35.22.8.
c. The Final Gas Well Development Site Plan shall incorporate all conditions required
by prior approvals.
4. Effect.
The approval of a Final Gas Well Development Site Plan authorizes the operator to apply
for a Gas Well Permit and other permits required before commencement of drilling
activities on the Drilling and Production Site.
C. Amended Gas Well Site Plan
If the operator proposes to do any of the following, amended Preliminary and Final Gas Well
Development Site Plans shall be required. The applications shall be reviewed and decided in
the same manner as the original application:
I. Relocate the boundaries of the Drilling and Production Site.
2. Relocate proposed gas wells in relation to the boundaries of the approved Drilling and
Production Site
3. Change the access road(s) or the location of the access road(s)
4. Change the location of built structures within the approved Drilling and Production Site.
35.22.6. Gas Well Development Site Plans Style Definition: List Paragraph: Font:
(Default) Calibri, Space After: 0 pt, Add space
between paragraphs of the same style, Line
-A- A. Preliminary Gas Well Site flan spacing: single
---------------------------------------------------------------------------------------------
Formatted: Left Indent: Left: 0"
1. licabili
gi -
PP-----
1, Formatted
Formatted: Font: 11 pt, Font color: Auto,
4-.---A An application for a Preliminary Gas Well Development Site Plan
Border:: (No border)
Formatted: Left, Indent: Left: 0.5 ", Hanging:
�=Y1
0.25", Space After: 10 pt, Pattern: Clear, Tab
`h4 stops: Not at 0.5"
2m17.5t Formatted: Font: 11 pt, Font color: Auto,
aecompany a rec nest for a Gas Well ' rr Border:: (No border)
\_
4!ertl3it-- CombinlnO District . the application 434 - `- - `- - -- ` kC- c�M-�t� Formatt ed: Font: 11 pt, Font color: Auto,
6;f� T11 r,r d1 s Border:: (No border)
-- -----------------------------------------------------------
Formatted: Font color: Black
z:---- ,hr°°• P�.�- `cc'�ci:�ii'r..u- �s� ' ` :H -it1 -= - -. 1
e-
I- l>--- ��1- i�t- i�ltrl�
_ e1 - ? +4 will not be 4e4efn ieJ -tc3
deemed complete until=
a decision has been
r , ,
ins (sas Well Development �1t Ilantap rAovedlprst for
the at 1" Hanging:
Left. 0.5"
stops: Not
amendment fo pan exlst n t e Gas e om inin� r he 0 3
Formatted: Indent:
effective date of this amendatory ordinance (Ordinance No. )shall also require
submittal of an application for a Preliminary (r`as Well Development Site Plan and
ma recuire submittal of an application for a C onsolidation Permit. If an application
for a 4e+4 °i -�--T' +Ae, * IeR+ii �C onsolidation Permit is re(Luired,
the application for the Preliminary Gas Well Development Site flan will not be
deemed complete until a decision has been
eve-��a- lend ere d on the Consolidation Permit
Formatted: Font: 11 pt, Font color: Auto, l
,,,1 „1 Border:: (No border)
z---- �� - °<-2. A�ry�llc itia n Rc.�luire;mc.nts
3x1,.1 T11 S
Formatted: Font: 11 pt, Border:: (No border)
�: a Sheet Index that identifies the number of
Exhibits with titles for each (exhibit titles Shall begin, with *42FE4gi n
ands its _'r
the
respective letter);. the
4. �a� ���¢ ^� �` I�roject Iitle: the date of I etaration: the Darer.
operator., and nronerty
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between Latin and Asian text, Don't adjust
space between Asian text and numbers,
Pattern: Clear
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Border:: (No border)
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113P�r 'T "f� owner's names slate for�the City r�a "3 Formatted: Font: 11 pt, Border:: (No border)
:R- **- r''. ,
4R-* ° ,
o --- -44 fi dam' a ' t troje ct number; and a -- Formatted: List Paragraph, Don't adjust space
signature block for both the rl� ,1rr�Cats Well Admmtshttoitnd the between Latin and Asian text, Don't adjust
t t'6 -- space between Asian text and numbers,
C ity Secretary Pattern: Clear, Tab stops: Not at 1"
hA b, T mif showm� tianstoitition route. and1� V `�F — — —
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£3�E9tY��x3tiee ' '¢vd32ir- -mil£' �c ! ��, s hl; ! - � . ] 1 � �
�a�Eraoa for �Ftr —rrr— i Y Formatted: Font: 11 pt, Font color: Auto,
uipment. su plres. chemicals or waste Products used of Produced by Border:: (No border)
thus operation. The mal shall include a lrst� of the Formatted: Font: 11 pt, Border:: (No border)
len *t� h of all �'epubltc ro atds that will be used for site, mire and 9 Formatted: Font: 11 pt, Border:: (No border)
Formatted Font: 11 t Border No border
dress and the water source pro for both the drrllin� and fracturmr" stages. p ( --
-- - -- -- - - -- -- --
showin whether the water is to be 4..SRT -eft u ed or Prped to the site: Formatted: Font: 11 pt, Border (No border)
Formatted: Font: 11 pt, Border:: (No border)
c. A site flan of the I7ri11ing and Production Site showing clear site boundary lines and the< Formatted: Font: 11 pt, Border:: (No border)
location of all Boon site mpio�ements and cguipmcnt. including a"Y�
- -- ?' -� -- - - - -- Formatted: Font: 11 pt, Border:: (No border)
tanks l iPelines compressors. Formatted• Font: 11 pt Border: (No border)
sep rr rtors. and oth r aurtenances m relation to
-- -- -- — � � Formatted: List Paragraph, Don't adjust space
€, i+*�thc boundaries of the, site between Latin and Asian text, Don't adjust
�\\
,. space between Asian text and numbers,
Pattern:
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intion of the
fk:°-- i- r"rc°e`.s*ez�`r'rcr."ri'r• "! 11z �t �'r`irsc°r'c'�v-cr
Production Site; and
J "°,- se°c`..- scams?,- ic:'as- •. - -. xx.c, c c, .�cn -c
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Formatted: Font: 11 pt, Border:: (No border)
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Border:: (No border)
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Formatted: Indent: Left: 0.75 ", Hanging:
0.25 ", No bullets or numbering, Don't adjust
space between Latin and Asian text, Don't
adjust space between Asian text and numbers,
Pattern: Clear, Tab stops: Not at 1.25"
Formatted: Font: 11 pt, Border:: (No border)
Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
3=e. in Erosion rnd 5udrment C ontrol Pl rn. I xhrbrt must rnclude contact inform �rtion: a Formatted: Font: 11 pt, Font color: Auto
1ysical site description includrng: land uses general �ugutatton and surface water in
near nrc>xmity: ta:> ray /contour lines both pre- and nc>st- cc>nstnictic>n: lyyclrc>Ic>ic
analvsis includine: stormwater directional flow. outfalls. water well related structures and
water sources:, receiving waters: soils, project narrative with general timeline: w l pad
sit plan including: fueling areas, wart disposal containers. hazardous materials storage.
and f roduct and condensate storage tanks ;soil stabilization and erosion control measures
including: list of selected stormwater measures. site map of selected stormwater measures
locations and final stabliraticxY plans; solid waste management elan. septic /lcxtc> let
location; and maim Hance lan for stormwater controls including schedule and transfer of
ownership lrc>viscxY. See Gas W 11 Erc>scnY and iediment C'c>ntrol Plan Guidance
Document for details.
i�f, ,.. -. +:r" c°°iii= i,�c.�- i- .- .x -c-cc • 4'tr., - 1 _,.scric°a,- ite1.! ,! - . ' 4.sc' °crr"rc
• art , �t � i-�ik ..
��4'PiTCt f G'�YiE'Cd"tiY$ "'C' 4�ff' 9" G[ �'YCG''r'P�G'Y'SAV�YCYYZCf2'Y2'
_ L41
s
i�r� --are
fat
GUpe>n the decisexY l�v th+C'ty C'e>uncl en- Gas Well Lldministraten-. a ce>py e>f the approved
Gas Well Combining District or Consolidation Permit. together with a copy of the
approved Watershed Protection Permit where applicable.
3. Procedures and Criteria
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Border:: (No border)
Formatted: List Paragraph, Indent: Left:
0.75 ", Hanging: 0.25 ", Don't adjust space
between Latin and Asian text, Don't adjust
space between Asian text and numbers,
Pattern: Clear
�i,. Processing ofMt1 Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
4--a
j)plication. An application for a Preliminary, Final or Amended Gas Well
Development Site Plan shall be processed in accordance with the reduirements of
Section 35.16.19+ffaffn- L- r-fcrteg- of the DDC , and shall be decided by the oil and Gas
Insp ector.
-------- - -- ----- ---- -- - ---- --- - -
b. Criteria. The if it meets the -f-Formatted: Font: 1-1 pt,-Font color-: Auto ----------------
following standards
i. The; arplicai on is consistent with the Caas Well C ombining District or C onsolidation
Permit and any conditions �incor orated th�erein
----- ------- --- ---- - ---- --- - - - ----- ---- - - ------- - ---------
Formatted: Font: 11 pt, Font color: Auto D
-------------------------- ---------------------------------
conditions incur orated
therein.
iii 'The application meets "REIcable regturenents of section 35.22.8.
(5) acre -in [Formatted: Font 1-1 pt, ---Font --color: --Auto ----------------- I
unless such requirement s
Well Combining District.
c. Conditions. The e
with the terms ofLt�herior approvals �orstan�dards of�thisSubc�hater.
4. Effect.
F7pon receipt <,l' an approved Irrelin7inal-y Csas Well Developn7ent `site Ilan, the o erator
may commence et)nstrl7etlCJn ofa gas well dri
Formatted. Font color: Auto
Following an application for
a Final Gas Well Development Site Plan.
B. Final Gas Well Site Plan
I _Applicability,
A Final Cias W ll I7evelc>pment Site flan is required f>Ilc>wng ccxistructcxi c>f the Gas Well
Drilling and Production Site and rrior to issuance of any Cans Well Permit.
2. _Application Requirements
a. A magi r exhibit with in accut tte le al descriptuxi c>f th as built I7tilling ind Productrcxi
-t-Formatted:
----- --- ---- - ---- --- - - - ----- ---- - - ------- - ----------
- - - - -- Font: -- 1 -- 1 pt, -- Font -- color: Auto,
Site that
Border: (No border)
of -lexas. Provide closure sheet of bearings and distant s used in legal descrintic>n. 'I he
exhibit shall include exact location, dimension. and description of all existing public,
ase area. intersecting or
contiguous with its boundary. or forming such boundary. Describe and locate all anent
survey monuments. ties. and control points and tie and reference the survey corners to the
Texas State Plane Ccxxdinate ystem North Central 7cxie 1983 -1999 datum. Provide
necessary if the proposed
route encroaches onto any—v2hlic easement. ----------- . r
-i& j it-of-way- or land- owned- I.Ty- the -City of
Dento_n.
b. A Landscape Plan. The project review planner will determine if a buffer is required based on
the ad P1111, —11-st
w Demon's Landscape Plan Checklist. Not every
be submitted in accordance with the Cjky A I
Drilling and Production Site requires
c. A 'I"ree Survey. f:x sites with trees. If trees are nc)t present. provide an aerial image fa:>r
verification. The date of the tree survev must be no ereater than two vears prior to the Gas
Well Development Site flan application date.
d. A copy of the approved preliminary Gas Well Development Site plan.
3- procedures and Criteria
shall be processed in accordance with the recauirernents of Section-35.16.19 of the
DDC, and shall be decided by the Oil and Gas Inspector.
iS. i-l3E;`- -�lri�. - "cescreec „I• „l• :` "1(kEPr1as°°t J'�-- £r°= rrzc }rs'.i-sar ).. `:M -ii1
Criteria. The Oil and Gas
Inspector shall approve the application if it meets the f:)llc)win standards:
i. I'he application is consistent with the anprc)ved preliminary Gas Well I7evelc)Hment Site
Plan.
ii. The application meets applicable standards in Section 35.22.8.
c. The Final Gas Well Devel opment Site flan shall incoraorate all conditions recguired 1.7 nria:)r
I
4. Effect.
I'he apprc)val c)f a Final Gas Well I7evelc)pment Site flan authcnves the operatcx- to appl fy a:>r a
Gas Well permit and c)ther Hermits required bef:xe ccxnmencement c)f drilling activities on the
Drilling and production Site.
C. Amended Gas Well Site plan
If the o. erator proposes to do any of the following, amended preliminary and Final C)as Well
I7evelc)Hment Site Flans shall be required. The applcaticnas shall be reviewed and decided in the
same manner as the original application:
1. Relocate the boundaries of the Drilline and production Site.
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Border:: (No border)
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Hanging: 0.25 ", Don't adjust space between
Latin and Asian text, Don't adjust space
between Asian text and numbers, Pattern:
Clear, Tab stops: Not at 1"
Formatted: Space After: 10 pt, Pattern: Clear,
Tab stops: Not at 0.75"
2. Rely cats f ra f a sed *as wells 1n relatia n to the ba undaries a f the o f ra ved Drilling and Production
Site
3. Change. the 4W=� Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
47
access road �or the -n�� of
�L�
+t-- e4y4 Change the
ithin the Ref+,i+4
4--N-44
44aa-
�4RG44F4,f�e� 4i-*f
Reffn,4-
Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
Formatted: Normal, Left, Indent: Left: 0.25",
Hanging: 0.25", No bullets or numbering,
Pattern: Clear, Tab stops: Not at 1.25"
Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
I ----------------- --------------------------------------
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...........................................................................
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Border:: (No border)
Formatted: List Paragraph, Indent: Left: 0.5",
Hanging: 0.25", Don't adjust space between
Latin and Asian text, Don't adjust space
between Asian text and numbers, Pattern:
Clear, Tab stops: Not at 1"
Formatted: Left, Indent: Left: 0.25", Space
After: 10 pt, Tab stops: Not at 1"
-'—' - –I Formatted: Font: 11 pt, Font color: Auto,
and Border:: (No border)
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Border:: (No border)
L-}fic.r- 'c`ra- rnc°rn -TC°ar
Production . Site,. — Formatted: Font: 11 pt, Font color: Auto,
Border:: (No border)
I
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Formatted: Font: 11 pt, Not Bold, Font color:
Auto, Border:: (No border)
Formatted: Left, Indent: Left: 0 ", Space
After: 10 pt
35.22.7. - Gas Well Permits
A. Applicability and Exceptions
1. Any person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall not engage in the drilling, re- drilling or
production of gas wells within the corporate limits of the City without first obtaining
a Gas Well Permit issued under this Subchapter.
2. A Gas Well Permit is issued in two stages. The first stage authorizes an Operator to
commence Initial Drilling Activities. The second stage authorizes an Operator to
commence Completion Operations and Production Activities.
3. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas
means geologic or geophysical activities, including, but not limited to surveying and
seismic exploration not involving explosive charges, related to the search for oil, gas,
or other sub - surface hydrocarbons. A seismic permit is required for impact -based
exploration.
4. A Gas Well Permit shall not, however, constitute authority for the re- entering and
drilling a well. Re -entry and drilling of a well shall require a new Gas Well Permit.
All re- drills require a new and separate Gas Well Permit.
B. Application Requirements
Applications for Gas Well Permits shall include the following:
1. A completed form provided by the City that is signed by the applicant;
2. The application fee.
3. A copy of the Gas Well Combining District or Consolidation Permit, or a copy of the
applicable SUP, PD or MPC District site specific approval.
4. A copy of the Final Gas Well Development Site Plan; and
5. The information required by the Application Criteria Manual, unless such information
has been previously provided to the City.
C. Procedures and Criteria.
1. Processing of application. All applications for Gas Well Permits shall be filed with
the Department who shall immediately forward all applications to the DRC for
review. Incomplete applications shall be returned to the applicant, in which case the
City shall provide a written explanation of the deficiencies if requested by the
applicant. The City shall retain a processing fee determined by ordinance. The City
may return any application as incomplete if there is a dispute pending before the
Railroad Commission regarding the determination of the Operator.
2. Criteria. The Oil and Gas Inspector shall approve the application if it meets the
following standards:
a. The application is consistent with the approval Final Gas Well Development Site
Plan and any conditions incorporated therein.
b. The application meets applicable standards of Section 35.22.8.
c. The application is in conformance with the insurance and security requirements
set forth in Subsection 35.22.9 and Subsection 35.22.10.
3. Conditions. The Oil and Gas Inspector may not release the approved Gas Well
Permit until after the Operator has provided:
a. The security required by Subsection 35.22.10;
b. Upon the Operator paying the required Road Damage Remediation Fee that will
obligate the operator to repair damage excluding ordinary wear and tear, if any, to
public streets, including but not limited to, bridges caused by the operator or by
the Operator's employees, agents, contractors, subcontractors or representatives in
the performance of any activity authorized by or contemplated by the approved
Gas Well Permit; and
4. Contents of Permit. Each Gas Well Permit issued by the Oil and Gas Inspector shall:
a. Indicate whether Initial Drilling Activities or Completion Operations and
Production Activities are authorized;
b. Identify the name of each well and its Operator;
c. Specify the date on which the Oil and Gas Inspector issued each Permit;
d. Specify the date by which drilling shall commence, otherwise the Permit expires
(such date shall not be less than 6 months after the date of issuance).
e. Specify that if drilling is commenced before the Permit expires, the Permit shall
continue until the well covered by the Permit is abandoned and the site restored;
£ Incorporate, by reference, the insurance and security requirements set forth in
Subsection 35.22.8 and Subsection 35.22.9;
g. Incorporate, by reference, the requirement for periodic reports set forth in
Subsection 35.22.11 and for Notice of Activities set forth in Subsection 35.22.13;
K
h. Incorporate the full text of the release of liability provisions set forth in
Subsection 35.22.8.A.1;
i. Incorporate, by reference, the conditions of the applicable Gas Well Combining
District or Consolidation Permit, or if applicable, the terms of the SUP, MPC or
PD District site specific authorization or Watershed Protection Permit to which
the Gas Well Permit is subject.
j. Incorporate, by reference, the information contained in the Permit application;
k. Incorporate, by reference, the applicable rules and regulations of the RRC,
including the applicable "field rules ";
1. Specify that no drilling operations (including the construction of internal private
access roads) shall commence until the operator has provided the security
required by Subsection 35.22.9;
m. Contain the name, address, and phone number of the person designated to receive
notices from the City, which person shall be a resident of Texas that can be served
in person or by registered or certified mail;
n. Incorporate by reference all permits and fees required by the Fire Code;
o. Incorporate the well's RRC permit number and the American Petroleum Institute
(API) number;
p. Incorporate, by reference all other applicable provisions set forth in the DDC; and
q. Contain a notarized statement signed by the Operator, or designee, that the
information is, to the best knowledge and belief of the Operator or designee, is
true and correct.
r. Contain a statement that the Operator is required to comply with all applicable
federal and state laws and regulations, which the City will verify compliance as
part of its periodic inspections.
s. Contain a statement that the Operator acknowledges and voluntarily consents to
be inspected by the City to ensure compliance with this Subchapter, the DDC, the
City Code, and applicable state and federal laws.
5. Denial of Permit
a. The decision of the Oil and Gas Inspector to deny an application for a Gas Well
Permit shall be provided to the operator in writing within ten (10) days after the
decision, including an explanation of the basis for the decision.
3
b. If an application for a Gas Well Permit is denied by the Oil and Gas Inspector,
nothing herein contained shall prevent a new Permit application from being
submitted to the City for the same well.
D. Expiration of Gas Well Permit.
1. A Gas Well Permit is valid for six (6) months and shall automatically expire, unless
the particular stage of authorized gas well drilling and production activity has
commenced prior to expiration.
2. If a Gas Well Permit has been issued by the City but the particular stage of authorized
gas well drilling and production activity has not commenced prior to the expiration of
the permit, the permit shall not be extended unless a special exception has been
approved by the Board of Adjustment pursuant to 35.22.16; however, the Operator
may reapply for a new permit.
3. If Completion Operations and Production Activities have commenced prior to the
expiration of the Gas Well Permit issued by the City for that particular activity, the
permit shall continue, and Operator shall be subject to an Annual Inspection and
Administration Fee.
4. If gas well drilling and production activities have commenced for either stage of gas
well and production activities following issuance of a Gas Well Permit by the City
before the expiration date, the approved Drilling and Production Site and all activities
shall be subject to inspections by the City to ensure compliance with terms and
conditions of the Gas Well Permit and all applicable standards of the DDC.
E. Transfer of Gas Well Permit.
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 transferee agrees to be
bound by the 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 updated to
reflect any changes, and if the transferee provides the insurance and security required by
Section 35.22.9 and Section 35.22.10. The insurance and security provided by the
transferor shall be released if a copy of the written transfer is provided to the City and all
other requirements provided in this 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 transfer.
M
35.22.7. - Gas Well €-. e>r°mits
AA. Applicability and I xce tions
� �.at 0 5" Not .�
l
contractor, or or servant for himself or
person, shall not as an engage agent, the drib employee, independent- Formatted: Indent: Lett. 0.5 ", Tab stops:
c)r production of gas wells within the corporate limits of the City without first
obtaining a Gas Well Permit issued under this Subchapter.
Formatted: Indent: Left: 0.5 ", Hanging:
4'2.A Gas Well Permit is issued in two stages. The first stage authorizes an Operator to* 10.25 "
commence Initial Drilling Activities. The second stage authorizes an Operator to Formatted: Indent: Left: 0.5 ", Tab stops: Not
commence Completion Operations and Production Activities.
xxn eii ,, Oas xxL,.rr at 0.5"
--- ---g, testifig, Stte preparatteR - ---= =- ---a Of figS Of ----- Jafft4efieS, flldggifig Mid
ik r
Formatted: Indent: Left: 0.5 ", Hanging:
G3. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas 0.25"
means geologic or geophysical activities, including, but not limited to surveying and Formatted: Indent: Left: 0.5 ", Tab stops: Not
"
seismic exploration not involving explosive charges, related to the search for oil, gas, at 0.5
or other sub - surface hydrocarbons. A seismic permit is required for impact -based
exploration.
Formatted: Indent: Left: 0.5 ", Hanging:
_ however, constitute authority for the re- entering and- 0.25
I4 drilling l well hallshrequire lnot, �a well. Re -entry and drilling of a -,, ; ' Formatted: Indent: Left: 0.5 ", Tab stops: Not
a new Gas Well Permit. All re- drills require a new and [at o.5"
separate Gas Well Permit.
4--13. Application Retiuirements
Applications for Gas Well Permits shall b r��include the following:
1. �l�tlr�,r- ��a- Sao =-aYar
A completed form provided by the City;
l tll 13 that is signed by the it r— 4 licant;
4 k*e7 foe 44L-2. The application fee,.
- - . Formatted Tab stops 0 75 Left
- -
-�,, ° ^ ^' 3.A L copy of the Gas Well Combining District or Consolidation Permit, or a
.................. .
copy of the applicable SUP, PD or MPC Districtor- sitc specific approval.
Final Gas Well Development Site Plan; and
4. A c(My-Lfthc Fir indent: Left: 0.5" Hanging'.
No bullets or numbering
0.25", .............
------ -------------------------------------------------------
6--Sh4k++e4ff4e44+45. The information required by the Application Criteria Formatted: Indent: Left: 0.5", Hanging:
-
Manual, unless s uch information has been previously provided to the City. 0.215"
C. Procedures and Criteria.
1. Processing of a d with
the Department who shall unniedrately forward all applications to the QRC for
review. Incomplete E lications shall be returned to
RLI the applicant, which case casethe
City shall provide a written explanation <,1' the dc,liciencies if requested by the
{�nplicant. "1'he City shall retain a processin(� fee determined by ordinance. "1'he City
re the
Railroad Commissian re�ardin� the determination of the aOperator.
2. Criteria. The Oil and Gas Inspector shall approve the application if it meets
the follow-im,
standards:
a. "1'he application is consistent with the approval Final Csas Well Development Site
Plan and any conditions incorporated therein.
b. Tl application meets applicable standards oP Section 35.22.5.
c. The application is in conformance with the insurance and security requirements
set forth in Subsection 35.22.9 and Subsection 35.22. 10.
3. Conditions. The Oil I
Permit until after the operator has provided:
a "1'he security
re(�tiiredb�,Stibsec�tioii 35.22.10,
b. Upon
Re+AFee that will oblio ate the operator to repair damage excluding ordinary
wear and tear, if anu , to public streets including but pat limited to bridges caused
by
subcontractors or representatives in the peri <rrmance <,1' any activity authorize d by
or contemplated by the, approved. Csas Well Permit; and.
4. Contents of Permit. Each Gas Well Permit issued by the ()il and Csas Inspector shall:
a. Indicate whether Initial Drilling Activities or Completion Operations and
Production Activities are authorized,
b. Identify the name of each well and its Qnerator
c�. Slsecily the date on which the C)il and. Csas Inslsector issued each Permit;
de. Specily the date by which drillin(� shall commence, otherwise the Permit expires
(such date shall not. be less than C months niter the date <,I' issuance).
e4 �Secif Specify if �drilhn is commenced before the Permit expires, the Permit shall
continue until the well covered by the Permit is abandoned and the site restored-
fe-. I requirements set forth in
Subsection 35.22.8 and Subsection. 35.22.9y F.,.,td. N. underline, Font .I., Auto
€g. Incor orate, b�refer�cnce t�here( requirement for periodic reports set —forth in
Subsection 35.22.11 and for Notice of Activities set forth in Subsection
35.22.1-23
h.Inc<rrperrate the firll text <,f the release <,f liability )visions set forth in
Subsection 35.22 _8 A 1
ih. I Well Combinimy
District or Consolidation
PD District site h
the Gas Well Permit is subject.
Inc<rmcrrate, Iry reference, the ini <armation contained in the Permit application;
+k. Inc<rrperrate, by reference, the applicable rules and lations of the _RRC
i!2L�Iudmu the �ahc�ablc �fi�cldrules��
kl. Specify that no drilling operations (including the construction cif internal linli—te
access roads security
required Iry Subsection 35.22.91
Im. Contain the name, address, and phone nun7ber <,f'the person desi(rnated to receive
notices from the served
iLi.Iserson <rr by r gvstered or certified nyul
ffill. Incrrrperrate by reference all permits and fees required by the Fire C ode;
1+0.1 troleurn Institute
(API number
2E Incor orate Iry reference all other applicable pr<rvisions set f <rrth in the DDC and
q Contain a notarized statement signed by the Operator, or desr�nc e, at the
i is
true and correct.
r Contain a statement that the Operator is required to comply with all Mlicable
federal and state as
part. <,P its periodic inspections.
s. Contain a statement that the Operator acknowledges and voluntarily consents to
be inspected by the City to ensure compliance with this Subchapter, the DDC, the
City Code, and applicable state and federal laws.
5. Denial of Permit
a. The decision of the Oil and Gas Inspector to den y in application for a Gas, Well
------------------ - --------
Permit
decision, including an ex lanation <,I'the basis I <rr the decision.
b. II' an application I <rr a Csas Well Permit is denied Iry the ()il and Csas Inspector,
Li.(2tInn& herein contained shall prevent a new I'errnit application from being
submitted to the City for the �well.
D.D. --IIX �lratlon ration of Permit
I. A Gas Well Permit is s
the particular stai2e of authorized Lyas well drillinLy and production activity has-,,e
commenced prior to expiration.
2. If a Gas Well Permit has been issued-by-the- City but the particular stage of authorized
was well drilling and production activit�hase not commenced prior to the [ration
of the permit, the permit shall not be extended unless a special exception has been
approved by the E4oard of Adrustment pursuant to 35.22.16; however, the Operator
may reapply t<rr a new permit.
3. If Completion Operations and Production Activities
have commenced prior to the expiration <,Pthe Csas Well Permit issued by the City for
that particular activity the permit shall continue, and Operator shall be subject to an
Annual Inspection and Administration IFee
4- If gas well drilling and production have comnenccd for either stage of a well and
production activities followino iSSMInce of Gas Well Permij �bthe Citbel®rethe
expiration date, the approved Drilling and Production Site and all activities shall be
subject to inspections by the City to ensure compliance with terms and conditions of
the Gas Well Permit and all applicable standards of the DDC.
E. Transfer of Gas Well Permit.
Gas Well nsent of the City
if the transfer is in writi
the terms and conditions of the transferred Permit if all information previously provided
to the for the transferred Pernut is updated to reflect any
chan(5es, and if the transferee pr�avides the insurance and security required by `iection
35.22.9 and Section 35.22. 10. The insurance and securrtyjjEjyjded by the transferor shall
be released r
recluiren7ents pr<avided in this subsection are satisfied. "1'he transfer shall not relieve the
transfer<rr from any liability to the C ity arisin( out <af any activities conducted pri<rr to the
transfer.
Formatted: Indent: Left: 0.25', Hanging:
0.25"
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Formatted: Font: Not Bold, Font color: Black
35.22.8. - Standards for Gas Well Drilling and Production.
The drilling and production of gas wells within the City limits shall be subject to the
following standards.
A. Separation standards.
1. Well Setbacks
a. No new gas well may be located on an approved Drilling and Production Site that
is within twelve hundred (1,200) feet of any Protected Use, or freshwater well
currently in use at the time a complete application for a Gas Well Permit is filed,
or within twelve hundred (1,200) feet of any lot within a previously platted
residential subdivision where one (1) or more lots have one (1) or more habitable
structures, unless the gas well drilling and production site has been approved
under a Gas Well Combining District pursuant to Section 35.7.16, or has met the
criteria for a Consolidation Permit under section 35.22.4.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a Drilling and Production Site subject to this
subsection and all other habitable structures other than those listed in
35.22.8.A.l.a, shall be five hundred (500) feet. In the case where the habitable
structure is an industrial use, the minimum separation distance may be reduced to
not less than two hundred fifty (250) feet if the owner of the industrial use
consents to the reduction in a notarized written waiver.
c. The minimum separation requirement established in 35.22.8.A.2.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the minimum separation
distance to any less than five hundred (500) feet.
d. Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the Gas Well Development Site Plan, in a straight
line, without regard to intervening structures or objects, to the closest exterior
point of any structure occupied by a Protected Use, or freshwater well currently in
use at the time a complete application for a Preliminary Gas Well Development
Site Plan is filed, or the closest lot line of any undeveloped Protected Use lot
within a proposed subdivision plat.
e. The separation standards of this section apply to a site containing a compressor
station.
2. Reverse Setbacks
a. A reverse setback is the distance that a proposed use or structure other than uses
or structures associated with gas well development must be separated from an
approved Drilling and Production Site. A reverse setback is measured by the
rules in Section 35.22.8.A.l.d.
b. A Protected Use may not be located within six hundred (600) feet of a
consolidated site established by a Gas Well Combining District or by approval of
a Consolidation Permit pursuant to Section 35.22.4.
A Protected Use may not be located within three hundred (300) feet of all other
Drilling and Production Sites, provided that the Protected Use is not served by a
freshwater well that is located within twelve hundred (1,200) feet of the Drilling
and Production Site.
d. All other habitable structures may be located within the distance prescribed by the
Fire Code from the Drilling and Production Site.
B. Prohibited or Restricted Locations, Uses and Activities
No gas well drilling and production sites are allowed in the FEMA designated one
hundred (100) year floodway. A Drilling and Production Site is not allowed
within one thousand two hundred (1,200) feet of the flood pool elevation of Lake
Ray Roberts or Lake Lewisville except upon approval of a Specific Use Permit.
2. No gas well drilling and production sites shall be allowed on slopes greater than
ten (10) percent.
Location of a gas well drilling and production site in a FEMA- designated flood
fringe area or in another ESA designated on the map adopted by the City requires
approval of a watershed permit subject to the requirements of section 35.22.6. No
storage tanks or separation facilities shall be placed in the flood fringe or other
ESA except in accordance with Subsection 35.22.6.D.5.a.
4. No gas well drilling and production site shall be located within any of the streets
or alleys of the City or streets or alleys shown by the current Denton Plan. No
street shall be blocked or encumbered or closed due to any exploration, drilling,
or production activities unless prior consent is obtained from the City Manager,
and then only temporarily.
Nothing in this Section is intended to prevent an operator from drilling
directionally to reach a target or bottom hole that is located beneath a prohibited
or restricted site. Gas wells may have a target location or bottom -hole location
that is under the floodway, an ESA or within one thousand two hundred (1,200)
feet of the flood pool elevation of lake Ray Roberts or Lake Lewisville when the
gas well is drilled directionally from a location outside such areas.
6. No refining process, or any process for the extraction of products from gas, shall
be carried on at a Drilling and Production Site, except that a dehydrator and
separator may be maintained on a Drilling and Production Site for the separation
of liquids from gas. Any such dehydrator or separator may serve more than one
well. Gas Processing Facilities shall require a Specific Use Permit.
7. No person shall place, deposit, or discharge (or cause or allow to be placed,
deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or brine, from
any gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any public right -of -way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private property within the
corporate limits of the City of Denton.
8. No Operator shall excavate or construct any lines for the conveyance of fuel,
water, or minerals on, under, or through the streets or alleys or other land of the
City without an easement or right -of -way license from the City, at a price to be
agreed upon, and then only in strict compliance with this Subchapter, with other
ordinances of the City, and with the specifications established by the Engineering
Department.
9. The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other
materials is prohibited. Construction activities or deposition of any materials or
objects creating an obstruction within limits of public right -of -way or easements
are prohibited unless the Operator has first obtained written approval from the
Engineering Department and, if applicable, has filed a right -of -way use
agreement, and then only if in compliance with specifications established by the
Department.
10. No pit shall be used or maintained for storage of oil or oil products or oil field
fluids, or for storage or disposal of oil and gas wastes. 11. No Class II injection
wells shall be located within the City of Denton.
C. Site Layout and Design Requirements. The following requirements apply only within
City limits.
1. Entrance Gate and Lighting. An entrance gate shall be required. Street lighting shall
be required pursuant to Section 26 -76 of the Utility Code of the Code of the City of
Denton, Texas or the sign identifying the entrance to the drill site or operation site
shall be reflective. Directional lighting shall be provided for the safety of gas well
drilling, completion and production operations and shall be installed and operated in
a fashion designed to disturb adjacent developments in the least possible manner.
2. Fencing and Landscaping. Fencing, buffering, landscaping and screening shall be
required on Drilling and Production Sites. All required fencing, landscaping,
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buffering and screening must be installed in accordance with the approved Landscape
Plan within one - hundred and eighty (180) days after initial drilling of the first
approved well. Landscaping and screening shall also be required for sites for
Compressor Stations. Landscaping and screening shall comply with the same
requirements for Drilling and Production Sites as set forth in this Subchapter and in
the DDC. Should the Operator decide to fence in gathering and transmission lines or
compressor stations, or both, Operator shall install the fencing in accordance with
Subchapter 13 of the DDC.
3. Signage.
a. A sign shall be immediately and prominently displayed at the gate of the
temporary and permanent Drilling and Production Site. Such sign shall be made
of durable material and shall be maintained in good condition. The sign shall
have a surface area of not less than 2 �/2 by 2 1/2 feet or more than 4 by 4 feet and
shall be lettered in minimum -inch lettering and shall include the following
information:
i. A statement identifying that there is /are gas well(s) at the Drilling and
Production Site, together with the Well Identification Number(s), American
Petroleum Institute well number(s) and any other well designation(s) required
by the RRC;
ii. Name of Operator;
iii. Operator's telephone number;
iv. Operator's business mailing address;
v. Address of Drilling and Production Site;
vi. The number for emergency services (911);
vii. Telephone numbers of two persons responsible for the well who may be
contacted 24 hours a day in case of an emergency; and
viii.A statement that reads as follows: "This site may be the subject of further
drilling and production and /or hydraulic fracturing." Further, if the Drilling
and Production Site has been approved as a Consolidated Site, then there shall
be an additional statement that identifies the maximum number of authorized
gas wells.
ix. The telephone number of the City's Gas Well Division for citizens to call with
questions, concerns or complaints.
M
b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED ",
in both English and Spanish, shall be posted at the entrance of each Drilling and
Production Site or in any other location approved or designated by the Fire
Marshal. Sign lettering shall be four inches in height and shall be red on white
background or white on red background. Each sign shall include the emergency
notification numbers of the City Fire Department and the Operator, well and lease
designations required by the RRC.
4. Painting. All installed, mounted, and /or permanent equipment on Drilling and
Production Sites shall be coated, painted, and maintained at all times, including the
wellhead, gas processing units, pumping units, storage tanks, above - ground pipeline
appurtenances, buildings, and structures, in accordance with applicable guidelines
adopted by The Society for Protective Coatings (SSPC). In addition, the following
standards are applicable:
a. Protective coatings and paints shall comply with any applicable State or City
requirements. In absence of any such requirement, protective coatings and paints
shall be of a neutral color that is compatible with the surrounding environment.
b. All exposed surfaces of the identified equipment must be coated and painted, and
free from rust, blisters, stains, or other defects.
5. Electric Lines. All electric lines to production facilities shall be located in a manner
compatible to those already installed in the surrounding areas or subdivision.
6. Screening. All Drilling and Production Sites shall be screened with an opaque
decorative masonry fence that shall be no less than eight (8) feet in height.
a. In lieu of this requirement, an alternative fence that is compatible with the area
surrounding the Drilling and /or Production Site may be approved by the Director
of Planning and Development.
b. Required fencing must be located within three hundred (300) feet of all
equipment necessitating fencing requirements under this Subchapter.
7. Lift Compressor Location. Any lift compressor which is installed within an approved
Drilling and Production Site shall be located at least twenty -four (24) feet from the
outer boundary of the site.
8. Storage Tanks and Separators.
a. An Operator is allowed to construct, use, and operate such storage equipment and
separation equipment as shown on the approved Gas Well Development Site Plan,
except that permanent storage equipment and separation equipment may not
exceed eight (8) feet in height.
5
b. The use of centralized tank batteries is permitted as shown on the applicable Gas
Well Development Site Plan.
9. Trash Locations. Any rubbish or debris that might constitute a fire hazard shall be
removed to a distance of at least 150 feet from the vicinity of any well, tank, or pump
station.
D. Site Development Standards
1. Hydraulic Fracturing. Commencing on the January 15, 2013, except as provided
in sub - paragraph (v) of this section, for each well completion operation with
hydraulic fracturing:
a. For the duration of flowback, recovered liquids shall be routed into one or
more storage vessels or re- injected into the Well or another Well, and the
recovered gas shall be routed into a gas flow line or collection system, re-
injected into the Well or another Well, used as an on -site fuel source, or used
for another useful purpose that a purchased fuel or raw material would serve,
with no direct release to the atmosphere. If this is infeasible, the requirements
in sub - paragraph (c) of this paragraph shall be followed.
b. All salable quality gas shall be routed to the gas flow line as soon as
practicable. In cases where flowback emissions cannot be directed to the flow
line, the requirements in sub - paragraph (c) of this section shall be followed.
c. Flowback emissions shall be captured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion combustion device
may negatively impact waterways. Completion combustion devices must be
equipped with a reliable continuous ignition source over the duration of
flowback.
d. Releases to the atmosphere during flowback and subsequent recovery shall be
minimized.
e. The requirements of sub - paragraphs (a) and (b) shall not apply to:
i. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for wildcat or delineation well.
ii. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for non - wildcat low pressure gas well or non -
delineation low pressure gas well.
C�
2. Soil Sampling. Soil sampling shall be required for all new Drilling and
Production Sites. Soil sampling shall be subject to the following requirements:
a. Upon application for an Oil and Gas Well Permit, soil sampling shall be
conducted prior to the commencement of any drilling at the proposed Drilling
and Production Site to establish a baseline study of site conditions. A
minimum of one soil sample shall be taken at the location of any proposed
equipment to be utilized at the Drilling and Production Site to document
existing conditions at the Drilling and Production Site.
b. A licensed third party consultant shall be utilized to collect and analyze all
pre- drilling and post- drilling soil analyses. The cost of such consultant shall
be borne by the Operator.
c. Soil samples must be collected and analyzed utilizing proper sampling and
laboratory protocol from a United States Environmental Protection Agency or
Texas Commission on Environmental Quality approved laboratory. The
results of the analyses will be addressed to the City and a copy of the report
shall be provided to the Operator and surface estate owner. The analyses will
include the following analyses at a minimum: TPH, VOCs, SVOCs, Chloride,
Barium, Chromium and Ethylene Glycol.
d. Post - drilling soil samples shall be collected and analyzed after the conclusion
of drilling of each well. Subsequent to the drilling of each well, periodic soil
samples shall be taken as determined by the Oil and Gas Inspector during
inspection events to document soil quality data at the Drilling and Production
Site. Samples shall include, but not be limited to, areas where removed
equipment was located. Results of the analyses shall be provided as described
in Subsection D.2.c.
e. Whenever abandonment occurs pursuant to the requirements of the RRC and
as referenced in 35.22.5.F.9, the Operator so abandoning shall conduct post
production soil sampling within three (3) days after equipment has been
removed from the Drilling and Production Site to document that the final
conditions are within regulatory requirements. Results of the analyses shall be
provided as described in Subsection A.2.c.
£ If any soil sample results reveal contamination levels that exceed the
minimum state or federal regulatory levels, the City shall submit the soil
sample results to the appropriate state or federal regulatory agency for
enforcement.
3. Pits. All pits shall be lined and shall be designed, constructed, and installed in
accordance with the liner standards set forth by the RRC. Any new Drilling and
Production Sites proposed after January 15, 2013 shall utilize a closed -loop mud
7
system. The following additional standards shall apply to pits within a Drilling and
Production Site.
a. The type of pit used in drilling operations shall be specified at the time of
permitting. The Oil and Gas Inspector may perform a contamination assessment
for any reserve pit, completion/work -over pit, drilling fluid disposal pit, fresh
makeup water pit, mud circulation pit, washout pit, or water condensate pit. The
following concentrations for contaminants will be used to determine if
contamination exists within any materials in the pits:
Compound
Concentration limit
TPH
15 mg /L
BTEX
500 µg /L
Benzene
50 µg /L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operator shall
remove, cause to be removed, or otherwise remediate contaminants, to below
the limits provided herein. Cleanup operations shall begin immediately.
Cleanup activities that do not begin within twenty -four (24) hours of
notification by the oil and gas inspector shall be considered a violation of this
Subchapter.
b. Only freshwater -based mud systems shall be permitted. Saltwater -based mud
systems and oil -based mud systems are prohibited.
c. Chloride content of fluids held in pits may not exceed three thousand (3,000)
milligrams per liter.
d. No metal additives may be added to any drilling fluids.
e. All fluid produced from the well during completion of production shall be held in
enclosed containers while stored on the property.
f. All fluids shall be removed ( "de- watering ") from the pits within thirty (30) days
of completion of drilling operations.
g. The pit and its contents shall be removed from the premises within ninety (90)
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 showing of good cause, necessity to maintain said pit, inclement
weather, or other factors. The City may designate a period of time shorter than the
ninety (90) -day extension set out herein.
h. All pits shall be backfilled in accordance with the following schedule. The
Director of Planning and Development may grant permission for a pit to remain at
the site if the surface property owner submits a written request.
(i) Reserve pits and mud circulation pits shall be dewatered within 30 days and
backfilled and compacted within ninety (90) days of cessation of drilling
activities.
(ii) All completion/workover pits used when completing a well shall be dewatered
within thirty (30) days and backfilled and compacted within one hundred and
twenty (120) days of well completion.
(iii)All completion/workover pits used when working over a well shall be
dewatered within thirty (30) days and backfilled and compacted within one
hundred and twenty (120) days of completion of re -work operations.
(iv)Basic sediment pits, flare pits, fresh mining water pits, and water condensate
pits shall be dewatered, backfilled, and compacted within one hundred and
twenty (120) days of final cessation of use of the pits.
i. Each operator must submit to the City a water conservation plan for uses of water.
The plan must provide information in response to each of the following elements.
(i) A description of the use of the water in the production process, including how
the water is diverted and transported from the source(s) of supply, how the
water is utilized in the production process, and the estimated quantity of water
consumed in the production process and therefore unavailable for reuse,
discharge, or other means of disposal;
(ii) If long -term, five (5) to ten (10) years, water storage is anticipated, quantified
five -year and ten -year targets for water savings and the basis for the
development of such goals;
(iii) A description of the device(s) and /or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of
water diverted from the source of supply;
X,
(iv) Leak - detection, repair, and accounting for water loss in the water distribution
system;
(v) Application of state -of -the -art equipment and /or process modifications to
improve water use efficiency; and
(vi) Any other water conservation practice, method, or technique which the user
shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
4. Erosion and Sediment Controls. Erosion and sediment control practices shall be
conducted for all gas wells. The Operator shall comply with the Erosion and
Sediment Control Plan as approved by the City.
E. Operations and Equipment Standards. The following requirements apply only within
City limits.
1. Nuisances. Adequate nuisance prevention measures shall be taken to prevent or
control offensive odor, fumes, dust, noise and vibration.
2. Vapor Recovery Units.
a. Vapor recovery equipment is required for facilities not included under Rule
§106.352 of TAC Title 30, Part 1, Chapter 106, Subchapter O; or its successor
regulation.
b. An Operator shall notify the Oil and Gas Inspector within two (2) days after the
first sale of gas from a well.
3. Compliance with Rules and Regulations. The Operator shall at all times comply with
the applicable rules and regulations of the RRC including but not limited to all
applicable Field Rules.
4. Debris. The Drilling and Production Site and site access road shall at all times be
kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush,
trash or other waste material outside the Drilling and Production Site.
5. Venting and Flaring. There shall be no venting or flaring of gases in residential areas
except as allowed by the RRC or TCEQ. If venting or flaring is allowed by the RRC
or TCEQ, a permit must be obtained from the Fire Marshal in accordance with the
Fire Code. Further, the venting or flaring activities shall not be located closer than
twelve hundred (1,200) feet from any Protected Use, unless: (1) a setback variance
has been granted pursuant to 35.22.5; or (2) if practical and if approved by the City
Fire Marshal, ground flaring that is wholly enclosed or screened with a masonry wall.
Except in the case of an emergency, gas well flaring shall only be conducted during
day -time hours.
10
6. Vehicle Placement. Vehicles, equipment, and machinery shall not be placed or
located on a Drilling and Production Site (or on any public street, alley, driveway, or
other public right -of -way) in such a way as to constitute a fire hazard or to
unreasonably obstruct or interfere with fighting or controlling fires.
7. Time of Fracturing. Fracturing operation shall be scheduled to occur during daylight
hours unless the Operator has notified the Oil and Gas Inspector that fracing will
occur before or after daylight hours to meet safety requirements.
8. Pneumatic Drilling Pneumatic drilling shall not be permitted.
F. Safety Requirements. The provisions of this section shall apply within the corporate
limits of the City of Denton.
1. The drilling and production of gas and accessing the Drilling and Production Site
shall be in compliance with all state and federal environmental regulations.
2. Gathering Lines
a. Each Operator shall place pipeline marker sign at each point where a flow line or
gathering line crosses a public street or road.
b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen
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) that are used to
transport oil, gas, and /or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
3. Operating Pressure. Each well shall be equipped with an automated valve that closes
the well in the event of an abnormal change in operating pressure. All wellheads shall
contain an emergency shut off valve to the well distribution line.
4. Control Device. Each storage tank shall be equipped with a level control device that
will automatically activate a valve to close the well in the event of excess liquid
accumulation in the tank.
5. Storage Tanks.
a. All storage tanks shall be anchored for stability.
11
b. As required by the Fire Code, all storage tanks shall be equipped with either steel
or concrete secondary containment systems including lining with an impervious
material. The secondary containment system shall be of a sufficient height to
contain one and one -half (11/2) times the contents of the largest tank in accordance
with the Fire Code. Drip pots shall be provided at pump out connections to
contain the liquids from the storage tank.
6. Outdoor Storage Areas. Outside storage areas shall be equipped with a secondary
containment system designed to contain a spill from the largest individual vessel. If
the area is open to rainfall, secondary containment shall be designed to include the
volume of a twenty -four (24) -hour rainfall as determined by a twenty -five (25) -year
storm and provisions shall be made to drain accumulations of ground water and
rainfall.
7. Lighting System. Drilling and Production Sites shall be equipped with a lightning
protection system, in accordance with the City's Fire Code and the National Fire
Association's NFPA -780. In addition, tank battery facilities shall be equipped with a
remote foam line and a lightning arrestor system.
8. Hazardous Materials Management Plan. A Hazardous Materials Management Plan
shall be on file with the Fire Marshal. Any updates or changes to this plan shall be
provided to the Fire Marshal within three (3) working days of the change. All
chemicals and /or hazardous materials shall be stored in such a manner as to prevent,
contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or
discharge of a hazardous material. Operator shall have all material safety data sheets
(MSDSs) for all hazardous materials on site. All applicable federal and state
regulatory requirements for the proper labeling of containers shall be followed.
Appropriate pollution prevention actions shall be required and include, but are not
limited to, chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
9. Plugged and Abandoned Wells. All wells shall be plugged and abandoned in
accordance with the rules of the RRC; however, all well casings shall be cut and
removed to a depth of at least ten (10) feet below the surface unless the surface owner
submits a written agreement otherwise. Three (3) feet shall be the minimum depth.
After the well has been plugged and abandoned, the Operator shall clean and repair
all damage to public property caused by such operations within thirty (30) days. In
addition, the Operator shall:
a. Submit a copy of its RRC Form W -3A (Notice of Intention to Plug and Abandon)
and Form W -3 (Plugging Record) to the Inspector within two (2) business days of
filing with the RRC;
b. Notify the Oil and Gas Inspector of the intention to plug and abandon a well at
least twenty -four (24) hour prior to commencing activities; and
12
c. Submit to the Oil and Gas Inspector the surface hole locations in an acceptable
Geographic Information System (GIS) format to accurately map and track well
locations. The GIS data may be submitted with an initial Gas Well Permit
application or with the annual administrative report. Submission of GIS location
data is only required once.
d. Submit a copy of a soil sampling analysis as required by Subsection 35.22.5.D.2 .
10. Reclamation Plan. Operators must close each Drilling and Production Site in a
manner that minimizes the need for care after closure. To achieve this requirement,
the site shall be reclaimed to the condition identified on the Site Reclamation Plan, as
nearly as practicable. In the event development encroaches up to the property after
drilling and production activities, a reasonable rehabilitation alternative may be
approved by the City to ensure the reclaimed site is compatible with the surrounding
properties.
11. Pits shall always be operated with a minimum of at least two (2) feet of freeboard
above the contents within it.
12. Pit Fencing. For safety reasons, fencing shall be installed to restrict access to a
reserve pit or other type of open pit utilized in gas well drilling operation at a drill site
within the corporate limits of the City.
13. Catchment Basins. Drip pans, catchment basins and other secondary containment
devices or oil absorbing materials shall be placed or installed underneath all tanks,
containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks,
system valves, connections, and any other areas or structures that could potential leak,
discharge, or otherwise spill hazardous or solid materials. .
14. Clean -up After Completion. After the well has been completed the Operator shall
clean and repair all damage to public property caused by such operations within thirty
(30) days.
15. Clean -up Operations. After any spill, leak or discharge, the Operator shall remove or
cause to be removed all contamination and associated waste materials. Clean -up
operations shall begin immediately.
16. Water Conservation Plan. Each operator must submit to the City a water conservation
plan for uses of water. The plan must provide information in response to each of the
following elements.
a. A description of the use of the water in the production process, including how the
water is diverted and transported from the source(s) of supply, how the water is
utilized in the production process, and the estimated quantity of water consumed
13
in the production process and therefore unavailable for reuse, discharge, or other
means of disposal;
b. If long -term, five (5) to ten (10) years, water storage is anticipated, quantified
five -year and ten -year targets for water savings and the basis for the development
of such goals;
c. A description of the device(s) and /or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of water
diverted from the source of supply;
d. Leak - detection, repair, and accounting for water loss in the water distribution
system;
e. Application of state -of -the -art equipment and /or process modifications to improve
water use efficiency; and
f. Any other water conservation practice, method, or technique which the user
shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
14
35.22.53. - Standards for Gas Well Drilling and Production.
., —The drilling and production of gas wells within the City limits shall be subject to the- -� Formatted: Indent: Left: 0.25 ", First pine: 0 ",
following standards. Tab stops: Not at 0.5"
- Formatted Indent: Left 0 25
4A.Separatlon standards 4 ' - Formatted: Font: Not Bold
_
�
Formatted: Indent: Left: 0.25 ", Tab stops:
1. Well Setbacks Not at 0.75"
a. No new has well may be located on an ap roved Drilling and Production Site +nay
4e - -k+e that is within twelve hundred (1,200) feet of any Protected Use, or
freshwater well currently in use at the time a complete application for a Gas Well
i I'kPermit is tiled, or within twelve hundred (1,200) feet of
any lot within a previously platted residential subdivision where one (1) or more
lots have one (1) or more habitable structures— unless the gas well drilling and
production site has been approved under a iras Well Combining District pursuant
to Section 35.7.16, or has met the criteria for a sConsolidation pPermit under
section 35.22.4.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a Drilling and Production Site subject to this
subsection and all other habitable structures other than those listed in
35.22.5.A. La, shall be five hundred (500) feet.
c. The minimum separation requirement established in 35.22.5.AA2.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except
that the Zoning Board of Adjustment shall not reduce the minimum separation
distance any less than five hundred (500) feet. In the case where the habitable
structure is an industrial use_ the minimum separation distance may be reduced to
not less than two hundred fifty (250) feet if the owner of the industrial use
consents to the reduction in a notarized written waiver.
ed. Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the Gas Well Development Site Plan, in a straight
line, without regard to intervening structures or objects, to the closest exterior
point of any structure occupied by a Protected Use, or freshwater well currently in
use at the time a complete application for a Preliminary Gas wWell
JQevelopment sSite pPlan is filed, or the closest lot line of any undeveloped
Protected Use lot within a propose—
€e. The separation standards of this section apply to a site containing a compressor
station.
Formatted: Indent: Left: 0.75 ", Hanging:
2. Oft-Reverse Setbacks 0.25 ", Tab stops: 1 ", Left
a. A reverse setback is the distance that a ro osed use or stnrcture other than uses
or structures associated with (5as well devel<apn7ent must be separated fron7 an
approved Drilling and pPr<aductioll_ smote, A reverse setback is
measured by the rules in Section 35.22.5.A. I .d.
b. A Protected Use may not be located within six hundred (600) feet of a
consolidated site established by a isas Well Con�binin 5 District or bproval <,P
a c-Consolidation pPennit pursuant to Section 35.22.4.
c. A Protected Use may not be located within three hundred (300) feet of all other
Drrllin� and Production Sites, provided that the Protected Use is not served by a_
freshwater well that is located within twelve hundred (1 200) feet of the dDrrlling
and Production sSite.
d. All other habitable stnrctores may be located within the distance prescribed by the
Fire Cade from the dDrillinu and pProduction sSite.
B. Prohibited or Restricted Locations Uses and Activities
I No 5as well drilling and production sites are allowed in the I'FN1A designated one
hundred (100wear flaodway A Drilling and Production Site is not allowed
within one thousand two hundred (1,200) feet of the flood pool elevation of Lake
Ray R<,berts or Lake Lewisville except a on approval <,P a Specific Use Permit.
2. No ,has well drilling and production sites shall be allowed on slo s greater than
ten (10) percent.
Formatted. Font: Not Bold
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Formatted: Font: Not Bold
3. Location of a pas well drilling and production site in a I'FNIA- designated flood
frin 5e area or in another I SA designated on the neap adopted by the City requires
approval of a watershed permit suboject to the�reguirements of section 35.22.6. No [F Font: Not Bold
st fnnue or other
FSA except in accordance with Subsection 35.22.6.D.5.a.
4 Na was well drilling and production site shall be located within any of the streets
or alleys oP the City or streets or alleys shown by the current Denton Plan. No
street shall be blocked or encumbered or closed due to anv exploration, drillin((,
or_production activities unless prior consent. is obtained fron7. the Cit 1Vlana�5cr,
and then only temporarily.
5. Nothint in this Section is intended to prevent an operator from drillin(
directionally to reach a target or bottom hole that is located beneath a prohibited
or restricted site Gas wells may have a target k�catian or bottom -hole krcatian
that is under the floodway an ESA or within one thousand two hundred (1,200
feet of the flood pool elevation of lake lay Roberts or bake Lewisville when the
(5as well is drilled directionally from. a location outside stroll areas.
6. No refinin3 process, or anNprocess for the extraction of products from gas. shall
be carried on at a DrillinG and Production Site, except that a dehydrator and
separator may be maintained on a Drilling and Production Site for the separation
Of liquids from asAny such dehydrator or separator may serve more than one
well. Gas ProcessinG Facilities shall require a Specific Use Permit.
7. No person shall place deposit, or discharge {or cause or allow to be placed,
posited, or discllar) any oil, naphtha, petroleum, diesel, gasoline, as 1Lr 1rlt�
tar, h ydrocarbon substance, or any refuse, including wastewater or brine from
arty &! operation or the contents of any container used in connection with any (Yas
operation in, int<a, or upon any public right -of=way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private propc,rfy within the
corporate limits <rf the City <rPI)enton.
8. No Operator shall excavate or constnrct any lines f <rr the conveyance <af fuel,
water, or minerals on under, or through the streets or alleys or other land of the
City without an easement or ri(5ht -of =way license from the City, at a price to be
creed upon, and then only in strict compliance with this Subcllaptc,r, with other
ordinances of the Citv. and with the specifications established by the En(5ineerin(5
Iartment.
3, I he di€€ ur7. breal�in€ excav mint , tunnelin ;t, undermrmnt , breakin€ ur7. car Formatted: Font: +Body, 11 pt, Font color: 1
darnavrn s of an pUblic street or leaven pop anKpUbhc Street any earth or other Auto, Border:: (No border) J
materials is prohibited. Construction activities or deposition of any materials or
objects creating an obstruction within limits of public right -of -way or easements
are prohibited unless the Operator bas first obtained written approval from the
En sineering Department and if ap rlicable, has filed a r. uht- of-way use
agreement, and then only if in compliance with specifications established by the
Department.
10. Formatted: Indent: Lett: o.s ", Hanging: 0.5^
flurds or for storage or disposal of oil and was wastes 11. No Class II infection
wells shall be located within the City of Denton.
[Formatted: Indent: Left: 0.5 ", Hanging: 0.5 ",
.C. Site Layout and Desion I2eguit ements. The following requirements apply only within Tab stops: 1 ", Left J
City limits. Formatted: Indent: Hanging: 0.5 ", Tab stops: 1
Not at 0.75' J
a- 1 Entrance irate and Lighting An entrance gate shall be required. Street lighting- - � Formatted: Indent: Left: 0.5, Tab stops: Not
shall be required pursuant to Section 26 -76 of the Utility Code of the Code of the City at I"
of Denton, Texas or the sign identifying the entrance to the drill site or operation site
shall be reflective. Directional lighting shall be provided for the safety of gas well
drilling, com letion and production operations and shall be installed and operated in
a 1 {rshion designed to distarb adjacent devel<rpments in the least possible manner.
a Formatted: Indent: Hanging: 0.25'
43---2. Fencing and Landscapiny_ Fencing, buffering, landscaping and screening shall be- Formatted: Indent: Lett: 0.5', Tab stops: Not
required on Drilling and Production Sites. All required fencing, landscaping, at I"
buffering and screening must be installed in accordance with the approved Landscape
Plan within one - hundred and eighty (180) days after initial drilling of the first
approved well. Landscaping and screening shall also be required for sites for
Compressor Stations. Landscaping and screening shall comply with the same
requirements for Drilling and Production Sites as set forth in this Subchapter and in
the DDC. Should the Operator decide to fence in gathering and transmission lines or
compressor stations, or both, Operator shall install the fencing in accordance with
Subchapter 13 of the DDC.
- Formatted Indent Hanging 0 25
IN
dA sien shall be immediately and prominently displayed at the gate of the tem orary
and permanent Drilling and Production Site. Such sign shall be made of durable
material and shall be maintained in good condition The sign shall have a surface
area of not less than scivare feet or mare than scluare feet and shall be
lettered in minimum -inch lettering and shall include the lcrllcrwin� infarmatian
i. A statement identifying that there is /are gas well(s) at the Drilling and
Production Site, together with the Well Identification Number (l, American
Petroleum Institute well numbers) and any ether well desionatian(s) required
by the ITC;
ii. Name of Operator;
iii. Operator's telephone number;
iv. Operator's business mailing address;
v Address of Drilling and Production Site-
vi. 'The number Lor iner-enc �servic�esl) I 11;
vii. Telephone numbers of two persons responsible �for t�hewell who may
contacted 24 hours -a- day -in- case -of an emergency- and
,—_—
viii.A statement that reads as follows: "This site may be tl7e subject <,P firrther
drilling and production and /or hydraulic fracturing." Further, if the Drilling
and Production Site has been approved as a Consolidated Site, then there shall
be an additional statement that identifies the maximum number of authorized
gas wells.
ix. The telephone number of the City's Gas Well Division for citizens to call with
questions, concerns or complaints.
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For List Paragraph, Tab stops: Not at
e 1 shall be fear inches in height and shall be red on white
background or white on red background
notification numbers of the City the Operator, well
and lease desrgrratrons reduired by the PI C.
- - - Formatted: Indent: Left: 0.5", Hanging:
l €----4. Nintino. All installed, mounted, and/or permanent equipment on Drilling and-
Production Sites shall be coated, painted, and maintained at all times, including the Formatted: Indent: Left: 0.5", Tab stops: Not
wellhead, gas processing units, pumping units, storage tanks, above-ground pipeline at 1"
appurtenances, buildings, and structures, in accordance with applicable guidelines
adopted by The Society for Protective Coatings (SSPC). In addition, the following
standards are applicable:
4 - t d: Indent: Left: 0.5", Hanging:
ia. Protective coatings and paints shall comply with any applicable State or City.- oF7`rae stops: Not at 1" _ I I
requirements. In absence of any such requirement, protective coatings and paints Formatted: Indent: Left: 0.75"
shall be of a neutral color that is compatible with the surrounding environment.
Formatted: Indent: Hanging: 0.25", Tab
stops: Not at 1"
iib. All exposed surfaces of the identified equipment must be coated and painted, ands Formatted: Indent: Left: 0.75"
free from rust, blisters, stains, or other defects.
Formatted: Indent: Left: 0.5 ", Hanging:
Electric Lines. All electric lines to production facilities shall be located in 0.25 , Tab stops: Not at 1"
Formatted: manner compatible to those already installed in the surrounding areas or subdivision. at 1" d: Indent: Left: 0.5 ", Tab stops: Not
-0-.0215"
1 tt1FI ( 1 lktt -pkli r
I 5 Han atted. Indent. Left. 0. Hang in:
• in
c
i-cr° ° "vrrei°
... "`!. ,•iii;- c'= s°r`rc°a -'rc f..r< ,! ;tri-, tl���,�, ;4 -. ,•iri. rri'ru- e°c�`i= y'— enc°�'r11- b
l�. !` s- �i�ro�c -�irr�-ur"s�n¢c= �r'?iziY -tJ .. ••� 4: ']ri- io- r�3`�6lrcitic—
f; 3C � }1kYi'-i�kcYi1- -E13=illfii�;- EYE- �iFE➢ �k§ ��1cYi1-- t$ ��k�k�] i�(;, �. �s-- �§ ii�lf?' �sEs --�?FtE:-Y�-�Ei}.s " "cai --is cr >�liiE?4�- -�}�%
odecorative masonry fence tthat shall be no less than ehght (8) feet in height. with an opaque - Formatted: - Indent:- -Left: 0.5 ", Tab stops: Not
a Formatted: Indent: Left: 0.5 ", Hanging:
ia. In lieu of this requirement, an alternative fence that is compatible with the 0.25 ", Tab stops: Not at 1"
area surrounding the Drilling and /or Production Site may be approved by the
Director of Planning and Development.
Formatted: Indent: Left: 0.75 ", Hanging:
-0-.2-5
2
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----- 4b. Required fencing must be located within three hundred (300) feet of ally - -- Formatted: Indent: Left: 0.75", Hanging:
equipment necessitating fencing requirements under this Subchapter. 0.25", Tab stops: Not at 1"
7. Lift Formatted: Indent: Hanging: 0.25", Tab
stops: Not at 1"
Formatted: Indent: Left: 0.5", Hanging:
0.25", Tab stops: Not at 1"
Formatted: Indent: Left: 0.75"
Formatted: Indent: Left: 0.75 ... . . First - line: 0 ",
------ (+--Any lift compressor which is installed within an approved Drilling and Production' [-Tab stops: Not at 0.69" ]
Site shall be located at least twenty-four (24) feet from the outer boundary of the site.
8. Storage d'anks and Separators.
------------------------------
a. A e equipment and- 1-Formatted:Tab- stops: Not -----------
separation Development Site Plan
except that permanent storage equipment and separation equipment maw
MC=Q�edel lu �8fect LuIllel 1�11t [Formatted: Tab stops: 1.5", Left + Not atl"_-]
--- ------ ------- --- - ---- __ __
b. The USC ot'centralized tank batteries is permitted as shown on the� a �ilica�ble(jas- -[Formatted: Tab stops: Not at 1
---------------------------------
Well Develo Enlent Site Plan.
----- - - - -- - --- - ------- - 0.5 ", --- -- ---- ----- ---- ----- -
Formatted: ---I-n-d-e-nt-: -- Left-: - - - --Tab --stops-:-- No - t
9. Trash Locations. at 1"
removed to a distance of at least 150 feet from the vicinity of any well tank or pump Formatted: Indent: Left: 0.5", Hanging:
Station. 0.25", Tab stops: Not at 0.75"
------------------
D. Site Development �,Standards
-- -------- -- -------- ---- ---- - -- - --- - --- ----- - --- ---- - -
1. Hydraulic Fracturingy. Commencing on the January 15, 2013, except as provided- � „Not atted: Indent: Hanging: O.5",Tabstops: in sub-paragraph (v) of this section, for each well completion operation with at 0.75”
hydraulic fracturing:
ia. For the duration of flowback, recovered liquids shall be routed into one or
more storage vessels or re-injected into the Well or another Well, and the
recovered gas shall be routed into a gas flow line or collection system, re-
injected into the Well or another Well, used as an on-site fuel source, or used
for another useful purpose that a purchased fuel or raw material would serve,
with no direct release to the atmosphere. If this is infeasible, the requirements
in sub-paragraph (imii�e) of this paragraph shall be followed.
iib. All salable quality gas shall be routed to the gas flow line as soon as
practicable. In cases where flowback emissions cannot be directed to the flow
line, the requirements in sub - paragraph ( c) of this section shall be followed.
im4e. Flowback emissions shall be captured and directed to a completion
combustion device, except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion combustion device
may negatively impact waterways. Completion combustion devices must be
equipped with a reliable continuous ignition source over the duration of
flowback.
mod. Releases to the atmosphere during flowback and subsequent recovery shall
be minimized.
tee. The requirements of sub - paragraphs (ia) and ( b) shall not apply to:
44. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for wildcat or delineation well.
-2ii. Each well completion operation with hydraulic fracturing at a gas well
meeting the criteria for non - wildcat low pressure gas well or non -
delineation low pressure gas well.
— Formatted: Tab stops: Not at 0.69" + 1.25" 1
rr + 1.5" J
Formatted: Indent: Hanging: 0.5 ", Tab stops: l
Not at 0.75" + 1" + 1.25" + 1.5" J
`soil
Sampling Soil sampling shall be required for all new Drilling and Production
Sites. Soil sampling shall be subject to the following requirements:
i- a_ Upon application for an Oil and Gas Well Permit, soil sampling shall be-- -- Formatted: Indent: Left: 1 ", Hanging: 0.25 ",
conducted prior to the commencement of any drilling at the proposed Drilling _No bullets or numbering
and Production Site to establish a baseline study of site conditions. A
minimum of one soil sample shall be taken at the location of any proposed
equipment to be utilized at the Drilling and Production Site to document
existing conditions at the Drilling and Production Site.
- — Formatted: Indent: Left: 1 ", Hanging: 0.25"
ii - b. A licensed third party consultant shall be utilized to collect and analyze all- -� Formatted: Indent: Left: 1 ", Hanging: 0.25 ",
pre - drilling and post - drilling soil analyses. The cost of such consultant shall No bullets or numbering
be borne by the Operator.
( Formatted: Indent: Left: 1 ", Hanging: 0.25"
iii- c_ Soil samples must be collected and analyzed utilizing proper sampling and- Formatted Indent: Left: 1 ", Hanging: 0.25 ",
laboratory protocol from a United States Environmental Protection Agency or _No bullets or numbering
Texas Commission on Environmental Quality approved laboratory. The
results of the analyses will be addressed to the City and a copy of the report
shall be provided to the Operator and surface estate owner. The analyses will
include the following analyses at a minimum: TPH, VOCs, SVOCs, Chloride,
Barium, Chromium and Ethylene Glycol.
TM -- (Formatted: Indent: Left: 1 ", Hanging: 0.25"
i;,- d. Post- drilling soil samples shall be collected and analyzed after the - - Formatted: Indent: Lett: 1 ", Hanging: 0.25
conclusion of drilling of each well. Subsequent to the drilling of each well, IN. bullets or numbering
periodic soil samples shall be taken as determined by the Oil and Gas
Inspector during inspection events to document soil quality data at the Drilling
and Production Site. Samples shall include, but not be limited to, areas where
removed equipment was located. Results of the analyses shall be provided as
described in Subsection AI�.2.f} iiic.
- - - Formatted: Indent: Left: 1 ", Hanging: 0.25'
e_ Whenever abandonment occurs pursuant to the requirements of the RRC- Formatted: Indent: Left: 1 ", Hanging: 0.25',
and as referenced in 35.22.5. -F' 9, the Operator so abandoning shall No bullets or numbering
conduct post production soil sampling within three (3) days after equipment
has been removed from the Drilling and Production Site to document that the
final conditions are within regulatory requirements. Results of the analyses
shall be provided as described in Subsection A.2.t.+i --cam
ff. If any soil sample results reveal contamination levels that exceed the- -� Formatted: Indent: Left: 1 ", Hanging: 0.25',
minimum state or federal regulatory levels, the City shall submit the soil No bullets or numbering
sample results to the appropriate state or federal regulatory agency for
enforcement.
--- -[For Indent: Left: 1 ", Hanging: 0.25'
3. Pits. All pits shall be lined Ind shall be desi ne constructed, and installed in
accordance with the liner standards set forth by the RRC. Any new Drillin, in
Production Sites Dronosed alter January 15. 2013 shall utilve a closed -loop mud
system. The following additional standards shall ap ly to pits within a Drilling and
Production Site.
- -- --
a. The type of pit used in drilhi operations shall be specified at the time Of Formatted: Indent: Left: 0.75 ", Tab stops;
permitting. The Oil and i�as Inspector may perform a contamination assessment Notat 1.25'
for any reserve pit completion /work -over pit. drillil U fluid disposal pit. fresh
makeup water pit. mud circulation pit, washout pit, or water condensate pit. The
following concentrations for contaminants will be used to determine if
contamination exists within any materials in the pits:
- Formatted: Indent: Left: 0.75'
Compound
Concentration limit
TPH
1 S m�L
BTEX
500 u /L
Benzene
50 L1 t /L
It" concentrations exceedinIcy these values are detected the operator shall
rcrnovc cause to be removed or otherwise remediate contaminants to below
the limits provided herein. cleanup operations shall begin irninediately.
cleanup activities that do not begin within twenty -four (24'D hours of
notitication b' the oil and gas inspector shall be considered a violation of this
Subchapter.
b. 01 freshwater -based mud systems shall be permitted. Saltwater -based niud° — Formatted: Indent: Left: 0.75', Tab stops:
systems and oil based nnid sy_stc ms are nrohibiteCi. 1 ", Left + Not at 1.25
Ti1C C7it and it�a contents sha11 be removed from the nrerrnses within nmetV i9O)- — Formatted: Indent: Left: 0.75', Tab stops:
dais after completion of the drilling of a well provided, however, that the 1 ", Left + Not at 1.25'
permittee mad ap 1y for a ninety '9( D -dad extension from such re mirennents
based on showing ood cause, necessity to maintain said pit. inclement
weather. or other factors. The fit maw 3nate a period of time shorter than the
nine (90) -day extension set out herein.
h.- A11 nits shall be bacicfilled in accordance with the f0110winIcy schedule. The.- Tab stops: 1 ", Left
Director of Planning and Development ruall permission for a it to remain at
the site if the surface property owner submits a written request.
L) Deserve pits and mud circulation pits shall be dewatered within 30 days and
bacicfilled and compacted within ninety (()0) days of cessation of drilling
activities.
(ii) All completion /w<rrkover nits used when completin(� a well shall be dewatered
within thirty (30) days and bacicfilled and compacted within one hundred and
twenty (120) days of well completion.
10
- - - Formatted: Indent: Hanging:
0.25', Tab
c. Chloride content of fluids held in pits inav not exceed three thousand Qadl
�
stops: 1 ", Left ---
_
mi11i romper liter.
Formatted: Indent: Left: 0.75', Tab stops:
1 ", Left + Not at 1.25'
d. No metal additives ma be added to any drillin s fluids.
Formatted: Indent: Hanging:
0.25, Tab
stops: 1 ", Left
Formatted: Indent: Hanging:
0.25', Tab
e. All fluid pr<rduced Pram the well during eLrmpletion of production shall be held in
�� stops: 1 ", Left + Not at l.zs"
enclosed containers while stored on the rtyperty_
Formatted: Indent: Hanging:
0.25', Tab
stops: 1 ", Left
f All fluids shall be removed (` "de- watering` ") from the pits within thirty (30 da s
<,Pcompletion <,Pdrillin�� operations.
Ti1C C7it and it�a contents sha11 be removed from the nrerrnses within nmetV i9O)- — Formatted: Indent: Left: 0.75', Tab stops:
dais after completion of the drilling of a well provided, however, that the 1 ", Left + Not at 1.25'
permittee mad ap 1y for a ninety '9( D -dad extension from such re mirennents
based on showing ood cause, necessity to maintain said pit. inclement
weather. or other factors. The fit maw 3nate a period of time shorter than the
nine (90) -day extension set out herein.
h.- A11 nits shall be bacicfilled in accordance with the f0110winIcy schedule. The.- Tab stops: 1 ", Left
Director of Planning and Development ruall permission for a it to remain at
the site if the surface property owner submits a written request.
L) Deserve pits and mud circulation pits shall be dewatered within 30 days and
bacicfilled and compacted within ninety (()0) days of cessation of drilling
activities.
(ii) All completion /w<rrkover nits used when completin(� a well shall be dewatered
within thirty (30) days and bacicfilled and compacted within one hundred and
twenty (120) days of well completion.
10
(iii)-All -�Allcorn �Ictiou�/workov�cr pits used when working over a well shall be
dewatered within
hundred and twenty L 12(j) rn
days s of completion of re--work operations.
- ---- ---- -------------
(iv) -Basic sediment nits, dare nits, fresh mining water pits, and water condensate
pits shall be dewatered, backfilled, and compacted within one hundred and
LwentLLI 20jdas of final cessation ofuse of _theits, .
i. Each operator Must Submit to the City a water conservation plan for uses of water.' FFormatted: - a b Not - at 5
----------------------
The plan I-LIUst provide information in response to each of the
R-)Iiowln I Leicnicn�ts
Formatted: Indent: Left: 1", Hanging: 0.31"
Formatted: Indent: Left: 0.5", Hanging:
0.25", Tab stops: Not at 0.75"
Opepat"" production
process, includin(5 how the water is diverted and transported from the
sources) Lirc the water is utili/ed M the production jn!L�,
1--cLSL-0—f1S—L,M1Y1 how —t
the estimated uuantity <,l' water consumed in the production process and
therefore unavailable for reuse discly,�irueor other means of disposal;
(ii) If long term, five (5) to ten (10) veers, water stara�e is anticipated, quantified
five -veer and ten -veer t <u ets l <rr water savings and the basis for the
develornent of such --goals;
(iii) A descrlstion <,l'the devices) and /or methods) within an accuracy <,l' lus or
minus 5.0% to be used in order to measure and account for the amount of
water diverted from the source of sanely;
�Llv ter distribution
sy-stein
pp �ecL�
(v) A hcation of state -of- the -art ui inept and /or process modifications to Formatted: Font: Not Bold improve watei use et1'iciency___ _____end
Vi which the user* Formatted: Tab stops: Not at 1.25Y"
------------------------- .
.
.
.
.
....................
....................
shows to be appropriate for achieving the state d goal or goals of the water
conservation �Ian. - - -------------------------------------------------------------------------------------------------------------------
4. Erosion and Sediment Controls. Erosion and sediment practices shall be
conducted for all ZL is wells. The Operator shall comply with the Erosion and
__— I
Sediment Control Plan as approved Lb by City.s :gym:
Formatted: Indent: Left: 0.5", Hanging: 0.5",
Tab stops: Not at 1.25"
Formatted: Font: Not Bold
-------------------------
E. Operations and EqRjED12RI�
_� The following requirements apply only I Indent: Left: 6;;
within City limits. Hanging: 0.5", No bullets or numbering, Tab
� stops: Not at0.75 - ----------------------------- ....
IN
*--1. Nuisances. Adequate nuisance prevention measures shall betaken to prevent or* Formatted: Indent: Lett: 0.5 ", Tab stops: Not
control offensive odor, fumes, dust, noise and vibration. [at 1"
2. Vapor RecOVe1V Umts. Formatted: Indent: Hanging: 0.25 ", Tab
stops Not at 1"
a. Va - f)r reGl)Ver� C,<1u1 Jment 1S TE,Cjulred for facilities not included tinder Rule � Formatted: Indent: Left: 0.5 ", Hanging:
0.25 ", Tab stops: Not at 1"
X106.352 of TAC title 30, Pa1-t I, Chapter 106, Subchapter O; or its successor
regulation.
b. An Operator shall notify the Oil and Gas Inspector within two (2D days after the- - Formatted: indent: Left: 0.75"
tirst sale of gas t'rom a well.
- Formatted: Indent: Left: 0.75 ", First line: 0 ", 1
Tab stops: Not at 0.69" J
e--3. Compliance with Rules and Reuulations. The Operator shall at all times comply -
with the applicable rules and regulations of the RRC including but not limited to all
applicable Field Rules.
s w-, f He-`s s
4.11,,,, *. � rYa�" cklcla�lir 4:, = ,. =1 =.xIf -`==
"cifcrr -ic = r' "'.rrcri'c`ri-
t-4. Debris. The Drilline and Production Site and site access road shall at all times be
kept free <,P debris, pools <,P water or other liquids, contaminated soil, weeds, bnrsh,
trash or other waste material outside the Drillin- and Production Site
Formatted: Indent: Left: 0.5 ", Tab stops: Not
at 1"
Formatted: Indent: Left: 0.75 ", Hanging:
0.25 ", Tab stops: 1 ", Left
5 Ventin, and Flaring There shall be no venting or flaring of gases in residential areas- - -- Formatted: Indent: Left: 0.5"
except as allowed by the RRC or TCEQ. If venting or flaring is allowed by the RRC
or TCEQ, a permit must be obtained from the Fire Marshal in accordance with the
Fire Code. Further, the venting or flaring_activities shall not be located closer than
twelve hundred (1,200) feet from any Protected Use, unless: (1) a setback variance
has been granted pursuant to 35.22.5; or (2) if practical and if approved by the City
Fire Marshal, ground flaring that is wholly enclosed or screened with a masonry wall.
Except in the case of an emer�ency, was well flaring shall anly be conducted during
day -time hours..
a - ( Formatted: Indent: Hanging: 0.25"
€- 6. Vehicle Placement. Vehicles, equipment, and machinery shall not be placed or* Formatted: Indent: Left: 0.5 ", Tab stops: Not
located on a Drilling and Production Site (or on any public street, alley, driveway, or at 1"
other public right -of -way) in such a way as to constitute a fire hazard or to
unreasonably obstruct or interfere with fighting or controlling fires.
- Formatted: Indent: Hanging: 0.25"
12
�. -44 rl
R4 t+re -4, H , - F-
h. a �; g7 dime of F'racturin� Fracturing operation shall be scheduled to occur- [at Formatted: Indent: Left: 0.5 Tab stops: Not
during daylight hours unless the Operator has notified the Oil and Gas Inspector that 1"
tracing will occur before or after daylight hours to meet safety requirements.
^�- -- Formatted: Indent: Hanging: 0.25"
i- € Pneumatic Drilling Pneumatic drilling shall not be permitted. Formatted Indent: Left 0.5", Hanging:
0.25", No bullets or numbering, Tab stops: Not
at
1"
— l2ertuit ements. The nrovlslons of thls section shall annly wlthln the eornorate
11m1t5 of the City of Denton. Formatted Indent: ,Left 0 5"
--
Formatted: Indent: Left: 0 ", Hanging: 0.5 ",
Tab stops: Not at t: Le
q1. the drilhnp and Tip {Formatted: Font: Not sold
accessing the Drilling and Production Site
4 g- 114 e
rfi+ r
� ifleshall be in compliance with - -I all state
and federal environmental re (yulations
2. Gathering Lines
a. Each Operator shall place pipeline marker sign at each point where a flow line or
gathering line crosses a public street or road.
b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen
Sulfide) gas as required by the Railroad Commission.
13
Formatted: Indent: Left: 0.5 ", Tab stops: Not
at 1"
a Formatted: Indent: Left: 0.75 ", Hanging:
0.25 ", Tab stops: 1 ", Left
Formatted: Indent: Hanging: 0.25"
Formatted: Tab stops: 1.25 ", Left + Not at
1"
Formatted: Indent: Left: 0.75 ", Hanging:
0.25 ", Tab stops: 1.25 ", Left
Formatted: Tab stops: 1.25 ", Left + Not at
1"
Formatted: Indent: Left: 0.75 ", Hanging
0.25 ", Tab stops: 1.25 ", Left
c. All flow lines and gathering lines within the corporate limits of the City ---[ Formatted: Tab stops: Not at 1"
(excluding City utility lines and franchise distribution systems) that are used to
transport oil, gas, and /or water shall be limited to the maximum allowable
operating pressure applicable to the pipes installed and shall be installed with at
least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
Formatted: Indent: Left: 0.5 ", Hanging:
c�T. . ". �peratln hTeSSnre.
0.25" - - - - --- -_--
"
Formatted: Indent: Left: 0 ", Hanging: 0.5 ,
Tab stops: Not at 0.75"
fr€���� -5-F1 ,1, °a ra„1r ra�uro,arf - T„�, T rrxvvxila rrll � ,-- ,a °l�!� -1-s- mill€ -�l
4- --Each well shall be equipped with an automated valve that closes the well in the event- -
--
Formatted: Indent: Left: 0.5 ", !tt�
of an abnormal change in operating press ure. All wellheads shall contain an
at 1" ------------------------------------------------------------------------emergency
shut off valve to the well distribution line.
e--4. Control Device. Each storage tank shall be equipped with a level control device
that will automatically activate a valve to close the well in the event of excess liquid
accumulation in the tank.
f5. Stora;?e d'anks.
a. All storage tanks shall be anchored for stability.
Formatted: Indent: Left: 0.75 , Hanging:
-,
0.25 ", Tab stops: Not at 1"
g b -As required by the Fire Code, all storage tanks shall be equipped with-
�4
Indent: Left: 0.75 ", Hanging:
I_
either steel or concrete secondary containment systems including lining with an
0.25"
Tab stops_ Not at r' j
impervious material. The secondary containment system shall be of a sufficient
_Formatted:
--
height to contain one and one -half (I /z) times the contents of the largest tank in
accordance with the Fire Code. Drip pots shall be provided at pump out
connections to contain the liquids from the storage tank.
14
4--6 Outdoor Storage Areas Outside storage areas shall be equipped with a secondary-
[at Formatted: Indent: Lett: 0.5 ", Tab stops: Not
containment system designed to contain a spill from the largest individual vessel. If
1"
the area is open to rainfall, secondary containment shall be designed to include the
volume of a twenty -four (24) -hour rainfall as determined by a twenty -five (25) -year
storm and provisions shall be made to drain accumulations of ground water and
rainfall.
--
— Formatted: Indent: Hanging: 0.25'
i- 7. Liohting System. Drilling and Production Sites shall be equipped with a- -
—�at
Formatted: Indent: Lett: 0.5, Tab stops: Not
lightning protection system, in accordance with the City's Fire Code and the National
1"
Fire Association's NFPA -780. In addition, tank battery facilities shall be equipped
with a remote foam line and a lightning arrestor system.
-
Formatted Indent Hanging 0 25
8 Hazardorus Materials Managernent Plan A Hazardous Materials Management
-[at
Formatted: Indent: Lett o.5, Tab stops: Not
Plan shall be on file with the Fire Marshal. Any updates or changes to this plan shall
1"
be provided to the Fire Marshal within three (3) working days of the change. All
chemicals and /or hazardous materials shall be stored in such a manner as to prevent,
contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or
discharge of a hazardous material. Operator shall have all material safety data sheets
(MSDSs) for all hazardous materials on site. All applicable federal and state
regulatory requirements for the proper labeling of containers shall be followed.
Appropriate pollution prevention actions shall be required and include, but are not
limited to, chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
Abandoned
bw
Formatted: Indent: Lett: os ", Tab stops• Not
accordance with of thellRRC�l however�all ll casings shalabandoned
b eout and
lat 1
removed to a depth of at least ten (10) feet below the surface unless the surface owner
submits a written agreement otherwise. Three (3) feet shall be the minimum depth.
Alter the well has been ged and abandoned, the Operator shall clean and rear
all damage to public proper caused by such operations within thirty (30 da s. In
addition, the Operator shall:
ia. Submit a copy of its RRC Form W -3A (Notice of Intention to Plug and-
Formatted: Indent: Lett: 0.75 ", Tab stops;
Abandon) and Form W -3 (Plugging Record) to the Inspector within two (2)
Not at 1.25'
business days of filing with the RRC;
iib. Notify the Oil and Gas Inspector of the intention to plug and abandon a well at
least twenty -four (24) hour prior to commencing activities; and
ii-ic. Submit to the Oil and Gas Inspector the surface hole locations in an
acceptable Geographic Information System (GIS) format to accurately map and
track well locations. The GIS data may be submitted with an initial Gas Well
Permit application or with the annual administrative report. Submission of GIS
location data is only required once.
15
mod. Submit a copy of a soil sampling analysis as required by Subsection
35.22.5.AD.2 -q .
10. (----Reclamation Plan. Operators must close each Drilling and Production Site in a- —[at Formatted: Indent: Lett: 0.5 ", Tab stops: Not
manner that minimizes the need for care after closure. To achieve this requirement, 1"
the site shall be reclaimed to the condition identified on the Site Reclamation Plan, as
nearly as practicable. In the event development encroaches up to the property after
drilling and production activities, a reasonable rehabilitation alternative may be
approved by the City to ensure the reclaimed site is compatible with the surrounding
properties.
a'rr ---i m-- ^zi- .s- '3a'-c:rY- aizxr- ci�^YCfcrc.r iz- t�'Y1- 1�t--
q--12. Pit Fencing. For safety reasons, fencing shall be installed to restrict access to a4 Formatted: Indent: Lett: 0.5 ", Tab stops: Not
reserve pit or other type of open pit utilized in gas well drilling operation at a drill site at 1"
within the corporate limits of the City.
f-.-- 13. Catchment Basins. Drip pans, catchment basins and other secondary containment
devices or oil absorbing materials shall be placed or installed underneath all tanks,
containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks,
system valves, connections, and any other areas or structures that could potential leak,
discharge, or otherwise spill hazardous or solid materials. .
— 14. Clean -up After Completion. After the well has been completed; "F g , - 1d-
ie4;_ the Operator shall clean and repair all damage to public property caused
by such operations within thirty (30) days.
4-- 15. Clean -up Operations. After any spill, leak or discharge, the Operator shall remove -
or cause to be removed all contamination and associated waste materials. Clean -up
operations shall begin immediately.
16
Formatted: Indent: Hanging: 0.25"
Formatted: Indent: Left: 0.5 ", Tab stops: Not
at 1"
- - -- -- -- -- -- -- - - -- - - - -- - - -- -- - -- - -- - - -- - - - -- --------------- - - - --
Formatted: Indent: Hanging: 0.25"
Formatted: Indent: Left: 0.5 ", Tab stops: Not
at 1"
a Formatted: Indent: Hanging: 0.25 ", Pattern:
Clear
-------------------------------------------------------------------------------------------------
Formatted: Indent: Left: 0.75", Tab stops:
Not at 1.25"
. - - - { Formatted: Indent: Left: 0.75" 1
------------------------- ----------------------------------------------------------------------
Formatted: Indent: Left: 0.75", Tab stops:
4r, 1", Left + Not at 1.25" j
17
b
Formatted: Indent: Left: 0.75 ", Tab stops:
J
1 ", Left + Not at 1.25"
Formatted: Tab stops: 1 ", Left
„- '! -. ,!
zi�k:Fktk4.s-
;'kfi-th1?.'�2-$�
.i -cam" c�-- crziciccxxrccrcc rsr- fi$3E"
s—t s—� arsgrc ovrlras¢rc
b
.r- 'sYcc°crl car'ia- }ri'rc- c�`rzc"c`i "rsr ,
"Formatted: Tab stops: Not at 0.75"
Formatted: Indent: Left: 1 ", Hanging: 0.31"
i16. Water Conservation flan. Each operator must submit to the C ity a water
uoselvatlon plan for uses of water.fhe plan must provide information in response
to each of the l<rllowinu elements
a the use of the water in the
lis-
Indent: Left: 0--.-75-
.75 ", Tab stops;
water is transported from the sour e(s) of supply,rhowdthe water
Not at 1.25"
1.25
utilized in the production process, and the estimated quantity of water consumed
in the production process and therefore unavailable for reuse, discharge, or other
means of disposal;
iib. If long -term, five (5) to ten (10) years, water storage is anticipated, quantified
five -year and ten -year targets for water savings and the basis for the development
of such goals;
18
im4c. A description of the device(s) and /or method(s) within an accuracy of plus or
minus 5.0% to be used in order to measure and account for the amount of water
diverted from the source of supply;
mod. Leak- detection, repair, and accounting for water loss in the water distribution
system;
e. Application of state -of- the -art equipment and /or process modifications to
improve water use efficiency; and
. Formatted: Tab stops: Not at 1.25" J
fiarmaned-
: Indent: Left: 0.5 ", Han 9:
in 0.5
Tab stops: Not at 1.25"
9� J
a
�it --�,
_Pef+atc+F_�_,C+ ��L��4_ r�., 'ern"
i '.
19
35.22.9. - Indemnification and Insurance.
A. Indemnification and Express Negligence Provisions.
1. Each Gas Well Permit issued by the City shall include the following language:
OPERATOR DOES HEREBY EXPRESSLY RELEASE AND DISCHARGE
ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, AND EXECUTIONS
WHICH IT EVER HAD, OR NOW HAS OR MAY HAVE, OR ASSIGNS MAY
HAVE, OR CLAIM TO HAVE, AGAINST THE CITY OF DENTON, AND /OR
ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, SUCCESSORS,
ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES
(COLLECTIVELY REFERRED TO AS THE "INDEMNIFIED PARTIES"),
RELATING TO OR ARISING OUT OF BODILY INJURY, KNOWN OR
UNKNOWN, AND INJURY TO PROPERTY, REAL OR PERSONAL, OR IN
ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE
PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR
UNDER A GAS WELL PERMIT. TO THE FULLEST EXTENT PERMITTED
BY LAW, OPERATOR SHALL DEFEND, PROTECT, INDEMNIFY, AND
HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST
EACH AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY
AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS,
LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED
IN DEFENSE OF THE INDEMNIFIED PARTIES, INCLUDING, WITHOUT
LIMITATION, BODILY INJURY AND DEATH IN CONNECTION
THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR,
ITS AGENTS, ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF,
ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO OR IN
CONNECTION WITH THE PERFORMANCE OF THE WORK
PERFORMED BY THE OPERATOR UNDER A GAS WELL PERMIT. THE
OPERATOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE
INDEMNIFIED PARTIES FROM ANY LIABILITIES OR DAMAGES
SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR
JUDGMENTS AGAINST THE INDEMNIFIED PARTIES RELATING TO OR
ARISING OUT OF THE ACTS OR OMISSIONS OF THE INDEMNIFIED
PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE GAS WELLS INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
SOLE NEGLIGENCE OF THE INDEMNIFIED PARTIES 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 INDEMNIFIED PARTIES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE INDEMNIFIED
PARTIES, 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.
B. Insurance.
1. General Requirements.
a. The Operator shall provide or cause to be provided the insurance described below
for each well for which a Gas Well Permit is issued, and shall maintain such
insurance until the well is abandoned and the site restored, except as otherwise
required in this Section.
b. Prior to issuance of the Gas Well Permit, the Operator shall furnish the City with
a certificate(s) of insurance, executed by a duly authorized representative of each
insurer, showing compliance with the insurance requirements set forth in this
Section. A copy of the endorsements or other policy provisions adding the City
as an additional insured to the insurance policies, endorsements providing the City
thirty (30) days written notice of cancellation or material change in coverage, and
all waivers of subrogation shall be attached to the certificate(s) of insurance.
Upon request, certified copies of the insurance policies shall be furnished to the
City. The City's acceptance of documents that do not reflect the required
insurance, or the City's failure to request the required insurance documents, shall
not constitute a waiver of the insurance requirements set forth in this Section.
c. In the event any insurance required by this Section is cancelled, the Gas Well
Permit shall be suspended on the date of cancellation and the Operator's right to
operate under the Gas Well Permit shall immediately cease until the Operator
obtains the required insurance.
d. The Operator shall provide the City thirty (30) days written notice of any
cancellation, non - renewal, or material change in policy terms or coverage, and the
policies shall be endorsed to provide the City such notice. Ten (10) days written
notice shall be acceptable in the event of cancellation because of non - payment of
premium.
e. All insurance policies shall be written by an insurer authorized to do business in
Texas and with companies with A: VIII or better rating in accordance with the
current Best's Key Rating Guide, or with such other financially sound insurance
carriers approved by the City.
f All insurance policies, with the exception of the workers compensation policy,
shall be endorsed to name the City, its officials, employees, agents and volunteers
as additional insureds on the policies. The additional insured coverage shall apply
as primary insurance with respect to any other insurance or self - insurance
programs maintained by the City, its officials, employees, agents and volunteers.
A copy of each endorsement shall be provided to the City as evidence of
coverage.
g. All insurance policies shall be endorsed with a waiver of subrogation in favor of
the City, its officials, employees, agents and volunteers. A copy of each
endorsement shall be provided to the City.
h. All insurance policies shall be written on an occurrence basis where commercially
available.
i. During the term of the Gas Well Permit, the Operator shall report, in a timely
manner, to the Gas Well Division any known loss or occurrence which has
caused, or may in the future cause, bodily injury or property damage.
2. Required Insurance Coverages.
a. Commercial General Liability Insurance.
Operator shall maintain commercial general liability (CGL) insurance with a limit
of not less than one million dollars ($1,000,000) each occurrence with a two
million dollars ($2,000,000) aggregate. This insurance shall cover liability
including, but not limited to, liability arising from premises, operations, blowout
or explosion, products- completed operations, contractual liability, underground
property damage, broad form property damage, and independent contractors.
This insurance shall also include coverage for underground resources and
equipment hazard damage. In addition to the additional insured requirements set
forth above, the additional insured coverage provided to the City, its officials,
employees, agents and volunteers shall include coverage for products- completed
operations.
b. Environmental Impairment (or Pollution Liability) Insurance.
Operator shall maintain environmental impairment or pollution liability insurance
with a limit of not less than five million dollars ($5,000,000). Such coverage shall
not exclude damage to the lease site. If coverage is written on a claims -made
basis, the Operator shall maintain continuous coverage or purchase tail coverage
for four (4) years following the expiration or suspension of the Gas Well Permit,
and the retroactive date(s) applicable to such coverage shall precede the date of
issuance of the Gas Well Permit. Coverage shall apply to sudden and accidental,
as well as gradual, pollution conditions resulting from the escape or release of
smoke, vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or
other irritants, contaminants or pollutants.
c. Automobile Liability Insurance.
Operator shall maintain automobile liability insurance with a limit of not less than
one million dollars ($1,000,000) each accident. Such insurance shall cover
liability arising out of any auto (including owned, non - owned, and hired autos).
d. Worker's Compensation Insurance.
Operator shall maintain workers compensation and employers liability insurance.
The workers compensation limits shall be as required by statute and employers
liability limits shall not be less than one million dollars $1,000,000 each accident
for bodily injury by accident and $1,000,000 each employee for bodily injury by
disease.
e. Excess (or Umbrella) Liability Insurance.
Operator shall maintain excess (or umbrella) liability insurance with a limit of not
less than twenty -four million dollars ($24,000,000) per occurrence with a twenty -
four million dollar ($24,000,000) aggregate. Such insurance shall be excess of
the commercial general liability insurance, automobile liability insurance and
employers liability insurance as specified above.
f. Control of Well Insurance.
Operator shall maintain control of well insurance with a limit of not less than five
million dollars ($5,000,000) per occurrence. The policy shall provide coverage for
the cost of controlling a well that is out of control, re- drilling or restoration
expenses, seepage and pollution damage. A five hundred thousand dollars
($500,000) sub -limit endorsement may be added for damage to property for which
the Operator has care, custody, and control.
35.22.8. 4 & °� 9. - Indemnification and Insurance.
Formatted: Font: Not Bold, Font color: Black
4, ,, — 1�.' rf :�7 -i47 -� 1. �t p er`. -,- a�rt� Formatted: Indent:_Left: 0"
VVIL r- icr- =da'-iin;i,- &- 44ft i— w
A. Indemnification and Express Negligence Provisions.
Each Gas Well Permit issued by the City shall include the following language
Tdm 11- 21 -14 --- — Formatted: Right
------------------------
CONNECTION WITH THE PERFORMANCE OF THE WORD
PERFORMED BY THE OPERATOR UNDER A GAS WELL PERMIT. TO
THE FULLEST EXTENT PERMITTED BY LAW OPERATOR SHALL
DEFEND PROTECT INDEMNIFY AND HOLD ((ARMLESS THE
INDEMNIFIED PARTIES FROM AND AGAINST EACH AND (EVERY
CLAIM DEMAND OR CAUSE OF ACTION AND ANY AND ALL
LIABILITY DAiRAGES OBLIGATIONS JUDGMENTS LOSSES FINES
PENALTIES COSTS FEES AND EXPENSES INCURRED IN DEFENSE OF
THE INDEMNIFIED PARTIES INCLUDING WITHOUT LIMITATION
BODILY INJURY AND DEATH IN CONNECTION THEREWITH WHICH
MAY BE MADE OR ASSERTED BY OPERATOR ITS AGENTS ASSIGNS
OR ANY THIRD PARTIES ON ACCOUNT OF ARISING OUT OF OR IN
ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE
PERFORMANCE OF THE WORD PERFORMED BY THE OPERATOR
UNDER A GAS WELL PERMIT. THE OPERATOR AGREES TO
INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES
FROM ANY LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF
CLAIMS DEMANDS COSTS OR JUDGMENTS AGAINST THE
INDEMNIFIED PARTIES RELATING TO OR ARISING OUT OF THE ACTS
OR OMISSIONS OF THE INDEMNIFIED PARTIES OCCURRING ON THE
DRILLING AND PRODUCTION SITE OR OPERATION SITE IN THE
COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS
WELLS. INCLUDING, BUT NOT LIMITED TO CLAIMS AND DAMAGES
Formatted: Font: Bold
ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF
THE "v �u ?'� T�'�"`�INDEMNIFIED PARTIES OCCURRING ON THE
Formatted: Font: Bold I
DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE OF
- ---------------------------------------------------------------
Formatted: Font: Bold
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
�? "tee ";-r`,INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF
Formatted:-Font-Bold
THE NEGLIGENCE OF THE P- A —�^ ?` %- '
TltiD A D1 "k 4UNT'T°(,_' At!UNT'lf"(,_' £1111T1 Ti `u L) Q'U L) 'C 7 A T.T'T°' £lD
'-,'INDEMNIFIED PARTIES WHETHER THAT NEGLIGENCE _ Formatted: Font: Bold
IS THE SOLE—, CAUSE OF THE RESULTANT- INJURY, DEATH,- AND /OR (Formatted: Font: Bold
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.
wommum
1 General R quirernenls. ar.w a 4r, a nfs r
„lva-rri- irc`.i.- c�Dc- vienccz Ecii� -c}c- �dr ""'ti- rrccii- irirkGE'
-- Formatted Indent Left 0", Tab stops 0 5
Left
Tdm 11- 21 -14 --- - Formatted: Right
------------------------
e42-
a. "d'he Operator shall provide or cause to be provided the insurance described below
for each well for which a Gas Well Permit is jssLied and shall maintain such
insurance until the well is abandoned and the site restored, extent as otherwise
retluired in this `section.
b. Prior to issuance of the Gas Well Permit the Operator shall firrnish the City with
a certilicate(s) of insurance, executed by a duly authorised representative of each
i set forth in this
`section. A ctapy ol'the endorsements or other policy provisions addin(u the City
as an additional insured to the insurance policies, endorsements providin( the City
thirty(30) days written notice of cancellation or material change in coveraue, and
all waivers of subrogation shall be attached to the certifcate(s) o iinsurance.
U pon retiuest, certified ctapies of the insurance policies shall be furnished to the
City "d'he City's acceptance of documents that do not reflect the retluired
insurance, or the City'S failgre to redueSt the redgired insurance documents, shall
not constitute a waiver of the insurance retiuirements set forth in this `section.
C. In the event any insurance retiu:ired. by this `ection is cancelled., the Gas Well
Permit shall be suspended on the date of cancellation and the Ofserator's right to
tmperate under the Gas Well Permit shall immediately cease until the O erator
obtains the It insurance.
d. "d'he Operator shall provide the City thirty (30) days written notice of any
cancellation, non - renewal, or material change in policy terms or covLrae, and the
policies shall be endorsed to provide the City sash notice. d'en (I 0) days written
notice shall be of
premium.
e. All insurance policies Shall be written by an insurer authorized to do business inQ — Formatted: Indent: Left: 0.75 ", Tab stops;
Texas and with companies with A: VIII or better rating in accordance with the Not at 0.75'
current 44e4,E4est'S Key Rating Guide, or with oonsJn+44e4such other financially
sound insurance carriersmiz- iirP -& zaizaxcra -r it
approved by the City.
Formatted: Indent: Left: 0.75 ", Hanging:
4 -4a44t�-f All insurance policies--- 4i��4---, with the exception of the workers 0.25" J
compensation policy, shall be endorsed to name a " it al 3ns,tar-t " the City -mil,
its officials, -, -�- employees, agents and vtrlgnteers as additional insureds an the
policies d'he additional insured covers 5e shall apply as primary insurance with
respect to any other insurance or Self - insurance rogramS maintained by the Clty its
officials, employees, agents and volunteers.
Tdm 11- 21 -14 --- — Formatted: Right
------------------------
ep � n v s- - Formatted: Indent: Left: 0.75 ", Tab stops;
A copy Of -a
[Not at 0.75"
rttla�+t t r� Ytt.� r ` reach endorsement shall 4ic4
be t» provided to the City as evidence Of
coverage.
Formatted: Indent: Left: 0.75 ", Hanging:
All insurance policies shall be endorsed with a waiver of subra�ation in favor Of 0.25"
the City, its <rllicials, empl<ryees, a 5ents and volunteers A copy <,P each
endorsement shall be provided to the City.
h. All insurance policies shall be written On an Occurrence basis where commercially
available.
i. I)rrring the term. oP the Csas Well Permit, the C)perator shall report, in a timely
manner, to the Csas Well I)visiOn any known loss or Occurrence which has
caused, or may in the lirttrue cause, bodily in trr Or ropert dan7 <�(�e.
Formatted: Indent: Left: 0 ", Tab stops: 0.5"
2. —� _ a u i Left
I--- Required Insurance Coverages.
M
General Liabilitv Insurance.
shall- �e- r- d- �rz`°.rmrxrrcr°erci`rs's"rr _ a �- rrrn�rr- crr____ �)
maintain commercial general liability (CirL) insurance with a limit Of not less
than one million dollars ($1,000,000) beach occurrence
t- It+rl+gwith a two million dollars ($2,000,000) a�; regate. This
mil] ", insurance shall cover liability inchrdin,
but not limited to,
liability arising from premises, operations, blowout or explosion, products- -
completed operations, met- contractual liability, underground property damage,
broad form property damage, and independent contractors- pft4t�4i---,,��
lre d'his intiarance shall also inchrde covers 5e for underground
resources and eduipment hazard damage. In addition to the additional insured
reclrrirements set 1 <rrth above, the additional insared covers e provided to the City,
its <al'licials, employees, a(5ents and vohrnteers shall inchrde coverage 1 <ar
products - completed operations.
b. Environmental Impairment (or - Pollution4 Liability) Insurance.
Q erator shall l
impairment or wtittcn— R41--- 17epollutwn liability
insurance with a in4R- H+4imit of (- *ienot less than live million dollars
($4-51000,000-). Such coverage shall not exclude damage to the lease site. 4
I tirrr''�pzti -E - 1?clk>ti+�}
If coverage is
written on a - "claims -- made` basis, the ff4et (7 erator shall
-- Formatted Indent Left 0.5", Hanging
0.215"
Formatted: Font: Bold
Formatted: Indent: Left: 0 ", Tab stops: 1 ",
Left + Not at 0.75"
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Formatted: Font: Bold
Formatted: Font: Bold
Tdm 11- 21 -14 --- - Formatted: Right
------------------------
maintain cantinuous cavera�e or purchase tail coverage for four (4) „years
f <rllowing the expiration or suspension <,Pthe Csas Well Permit, and the retroactive
dated applicable , �p ° +F�, ¢i*cto such coverage shall precede the date of
fie-- issuance of the Gas Well Permit. Coverage shall apply to sudden and flon-
%accidental as well as (Yradual pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, t +*Xie- chemicals, liquids
or gases, waste material or other irritants, contaminants or pollutants.
Liabilitv Insurance.
Cnerator shall maintain automobile liability insurance with a limit of not less than
one million dollars 01,000,000) each accident. Such insurance shall cover
liahihty ansinu out of any auto (including owned, non - owned, and hired autos).
d. Worker's Comn2asation Insurance.
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Left
Formatted: Font: Bold
�peratCJT Shall mamtaln Wt7rherS GompenSatlC)n and emplC,yerS hablhty 1nsU:ranGe.' — {Formatted: Indent:-Left: 0.5 ",- Hanging: -O.5"
The workers compensation limits shall be as required by statute and em 1<rycrs
liability limits shall not be less than one million dollars 4$I 000 000 each
accident for bodily ul ry by accident and 51,000,00
lnffff_� 14e�ty lt��a�ea
each employee for bodily iii ury by disease.
4 e. )Excess or Umbrella LiabiW Insurance. of Formatted: Font: Bold
Operator shall maintain excess (or umbrella) liability insurance with a limit of not-, � Formatted: Indent: Left: 0.75"
less than twenty -four million dollars ($24,000,000) Wiper occurrence
with atwenty -four million dollar 024,000,000 agre�ate Such insurance shall
be excess of the coanmercial general liability
insurance, automobile liability insurance and employers liability insurance as
specified above.
f. Control of Well Insurance. --[ Formatted: Font: Bold
f7perator shall maintain control of well insurance with a. e; �; ,, „ limit of not
less than five million dollars ($5,000,000) per occurrence.
Tdm 11- 21 -14 --- - Formatted: Right
------------------------
b----- ----f' r' Lhc _ ohc shall proVlde coVerae foT the ° .` cast of- -Formatted: Indent: First line: 0"
controlling a well that is out of control, re- drilling or i*ftrestoration
expenses, 44ep&g{ —argi4i4� —*r - -l)rt� Rwge-- — s' r -ice %lx 7€ I atc
- sccpagc and pollution damage. A
five hundred thousand dollars ($500,000) sub -limit endorsement may be added
for damage to property for which the f7perator has carc, custody, and control.
+. Formatted: Font: +Body, 11 pt, Not Bold,
Border:: (No border)
Formatted: Left, Indent: Left: 0 ", Space
After: 10 pt, Line spacing: Multiple 1.15 li
35.22.10. - Security.
A. A security instrument that covers each well shall be delivered to the Oil and Gas
Inspector before the issuance of the Gas Well Permit for the well. The instrument shall
provide that it cannot be cancelled without at least thirty (3 0) days' prior written notice to
the City and, if the instrument is a performance bond, that the bond cannot be cancelled
without at least ten (10) days' prior written notice for non - payment of premium. The
instrument shall secure the obligations of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in Sections 35.22.9 and
35.22.10;
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 letter of credit or payment
bond issued by a bank or surety approved by the City. The instrument shall run to the
City for the benefit of the City, shall become effective on or before the date the Gas Well
Permit is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank in Denton County, Texas, shall be approved by the
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 of delivery provided to
the Director of Planning and Community Development. Interest on the certificate shall be
payable to the operator.
D. The security instrument may be provided for an individual well, or for multiple wells
being operated within the City by a single operator. The amount of the security shall be
the amount of one hundred thousand dollars ($100,000.00) for a single well up to ten
(10) wells, two hundred fifty thousand dollars ($250,000) for eleven (11) to twenty (20)
wellswells;, and five hundred thousand dollars ($500,000.00) for twenty -one (21) or
more wells.
E. The security will terminate when the Oil and Gas Inspector confirms in writing that one
of the following events has occurred:
The Gas Well Permit is transferred, and the Operator- transferee provides replacement
security that complies with this section; or
2. The well is plugged and abandoned and the site restored.
35.22.1910. - Security.
A. A security instrument that covers each well shall be delivered to the Oil and Gas
Inspector before the issuance of the Gas Well Permit for the well. The instrument shall
provide that it cannot be cancelled without at least thirty (30) days' prior written notice to
the City and, if the instrument is a performance bond, that the bond cannot be cancelled
without at least ten (10) days' prior written notice for non - payment of premium. The
instrument shall secure the obligations of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including
but not limited to bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the performance of any
activity authorized by or contemplated by the Gas Well Permit;
2. Comply with the insurance and security provisions set forth in ` ectlon0,;eki-c*r
3 .22�andi�tEH13 7.22.1; Formatted: Font color: Auto, Border:: (No
border)
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 letter of credit or payment
bond issued by a bank or surety approved by the City. The instrument shall run to the
City for the benefit of the City, shall become effective on or before the date the Gas Well
Permit is issued, and shall remain in effect until the well is abandoned and the site
restored.
C. A certificate of deposit may be substituted for the letter of credit or payment-
-� Formatted: Normal, Indent: Left: 0.25 ",
bond. The certificate shall be issued by a bank in Denton County, Texas, shall be
Hanging: 0.25 ", No bullets or numbering
approved by the 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 of delivery
provided to the Director of Planning and Community Development. Interest on the
certificate shall be payable to the operator.
Formatted: Indent: Left: 0.25 ", Hanging:
4- D. The security instrument may be provided for an individual well, or for multiple
0.25"
wells? rr-�aa P beln� c,pcLated Wlthln the (.lty by a Sln2
Formatted: Indent: Left: 0.25 ", Hanging:
C� t,ratC)T. The amount Of the
P , security shall be °G nay t'tt.Yale
0.25 ", No bullets or numbering
r a �.�
°°rrzcii:s°° °ca —ia=
GR� -, i tote— a the amount of one hundred thousand dollars
($100,000.00) for a single ten 10) wells, two hundred fifty thousand
dollars ($270,000) forcr cxa tli r' "eleven (I I) to
twenty (20) wellswells;; and five hundred thousand dollars ($2.4)4500,000.00) for
twenty -one (2I) or more wells -�-* a�e-si =Yitse.
w
-
— Formatted: Indent: Hanging: 0.25"
E. The security will terminate when the Oil and Gas Inspector confirms in writing - -- 10.25", Formatted: Indent: Left: 0.25 ", Hanging:
that one of the following events has occurred:
No bullets or numbering
1. The Gas Well Permit is transferred, and the Operator - transferee provides replacement
security that complies with this section; or
2. The well is plugged and abandoned and the site restored.
- Formatted: List Paragraph, Indent: Hanging:
0.5 ", Tab stops: - 2.44 ", Left + 0.25 ", Left +
Not at 0.5"
35.22.11. - Inspection.
A. The Oil and Gas Inspector shall have the authority to enter and inspect any premises
covered by the provisions of this Subchapter and Gas Well Permit, to determine
compliance with its provisions, and all applicable laws, rules, regulations, standards, or
directives of any local, state or federal authority.
B. Pursuant to inspection authority granted by this Subchapter, the Texas Clean Air Act,
and the Texas Water Code, the Oil and Gas Inspector shall conduct periodic inspections
of all wells permitted under this Subchapter.
Formatted: Left: 1.06 ", Header distance from
edge: 0.3 ", Footer distance from edge: 0.3"
C. Inspections shall include periodic evaluations during production to determine ifs —� Formatted: Indent: Left: o.zs ", Hanging:
equipment is not functioning as designed and may produce fugitive emissions. Multi space After: 10 pt, Line spacing:
g g y P g Multiple 1.15 li, Pattern: Clear
A third party contractor may be retained by the City to perform such inspections, and
cost of services and charges assessed by the third party contractor shall be borne by
the Operator. Any third part contractor shall have the same authority as the Oil and
Gas Inspector for purposes of inspections under this Section.
2. The City shall notify the Operator in writing, as well as to the state and federal
regulatory agencies having jurisdictional authority, of any malfunctioning equipment
producing fugitive emissions. In the event that any state or federal regulatory
agency determines that there are two or more notices of violation per well or Drilling
and Production Site during any 12 -month period, within 30 days of the second notice
of violation, the operator shall submit to the City a Leak Detection and Compliance
Plan.
The Plan must be created in accordance with guidelines promulgated by the City's
Oil and Gas Inspector. It shall ensure all site activities and equrpment are in Formatted: Font: (Default) Times New Roman,
compliance with applicable federal, state and local rules and regulations. The plan
shall outline the methodology to assess and evaluate the impact of drilling,
immediate production, u surroundings. SpecLific elements of suchalplan shall include, but are not � FZ Pmatted: Font: (Default) Times New Roman,1
Limited to, a quarterly leak detection monitoring program; methods and equipment J
utilized for emission measurements; and a response plan to address Leak issues,
should they arise, and any other information required by the Orland Gas Inspector_
Such Plan shall also include installation or repair of appropriate equipment to meet
the requirements of the emissions compliance plan, which may include, but is not
Limited to, vapor recovery units or other emissions control technology.
4. Monitoring shall include the evaluation of potential impact to air, soil, surface water
and groundwater. Quarterly reporting of the monitoring results to the City's Oil and
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12 pt
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Gas Inspector, is required with all laboratory- data sheets, field logs, data summaries, Formatted: Font: (Default) Times New Roman,
-- - - -- �
and actions taken in the previous quarter. 12 pt
5. Upon showing documented compliance for a period of 12 months, the Operator shall
thereafter employ best management practices to eliminate any emissions in violation
of this Subchapter, state and federal regulations.
D. Inspections will also include an evaluation of Operator conformance with their Formatted: Tab stops: Not at o.s"
Hazardous Materials Management Plan and other applicable requirements to their site.
Any deviations from, or violations of, the Hazardous Materials Management Plan shall
be referred to the Fire Marshal for further inspection and enforcement in accordance
with the Fire Code.
E. Inspection fees will be assessed for all inspections in an amount set by separate
ordinance. Failure to timely remit payment for inspection fees is a violation of this
Subchaper; however, nothing herein shall be deemed to limit the City's remedies in
equity or law in the collection of any past due fees.
35.22.11 -5. - Inspection.
44A. The Oil and Gas Inspector shall have the authority to enter and inspect any premises
covered by the provisions of this Subchapter and Gas Well Permit, to determine
compliance with its provisions, and all applicable laws, rules, regulations, standards, or
directives of any local state or federal authority.
,GE4. Pursuant to inspection authority granted by the Texas Clean Air Act and the Texas
Water Code, the Oil and Gas Inspector shall conduct periodic inspections of all wells
permitted under this Subchapter.
�C. Inspections may include periodic evaluations ^'' n;r a— ., � � ^¢r ie
4 ll; , ti� Tt, „! C rry�.
r�l[a�= y�—�f, �ra��� ----�- trek,= ---eT �- dulin(� production to determine if
ecuipment is not functioning as designed and ma produce fugitive emissions.
and cost of services and charges assessed by the third party contractor shall be borne
Le nctioning ectuipment
producin fu itive emissions In the event that any state <rr federal regulatory auency
determines that there are two or more notices of violation per well_or per Drilling an
compliance with applicable federal, state and local rules and regulations. The plan shall
outline t (5, fracturing
surroundings. Specifrc elements of such a plan shall include, but are not limited to, a
ctuarterly leak defection monitoring ro�ram; methods and ettuipment utilized for
emission measurements; and a res onse plan to address leak issues, should they arise,
ncludc installation or reparr of appropriate cduipmcnt to meet the rcduircmcnts of the
emissions compliance ran, which may include, but is not hmitcd to, vapor recovery
units or other emissions control technology.
4. Monitoring shall include the evaluation of potential impact to air, soil, surface
water and Zroundwater. (yuatlerly reporting crf the monitarin� results to the city s oil
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12 pt, Font color: Black
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--- - - - - -` - - - - -- - - - - -- - - -` - --
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and a s inspector is reduired with all laboratary data sheets, Ileld lames, data summaries,
and actions taken in the previous quarter.
shall the emissions in
Inspections will also include an evaluation of Operator conformance with their
Hazardous Materials Management Plan and other applicable requirements to their site.
Any deviatians from ar vialatians crf the Hazardous Materials Management Plan shall
be referred to the Fire Marshal for further inspection and enforcement in accordance
with the Fire Code.
F. Inspection fees will be assessed f <rr all inspections in an amount set by se
ordinance. Failure to timely remit payment f <rr inspection fees is a violation <af' this
ubclranter: however, nothin(5 herein shall be deemed to limit the City's dies in
eciuity or law in the collection <af' any past due fees.
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--------------------
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35.22.12. - Periodic Reports.
A. The Operator shall notify the Oil and Gas Inspector and the Fire Marshal of any changes
to the following 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 the person(s) with
supervisory authority over the Drilling and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
4. The Operator's Emergency Action Plan if required to file one pursuant to federal or
state law.
B. The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the RRC or any other state or federal agency within thirty (30) days after the
operator has notice of the existence of such reports or complaints. This includes the
recording of both reportable and non - reportable events as noted in Texas Administrative
Code, Title 30.
C. Beginning the January after each well is spud, and continuing on each January thereafter
until the operator notifies the Oil and Gas Inspector that the well has been plugged and
abandoned and the Drilling and Production Site restored, the operator shall prepare a
written report to the Oil and Gas Inspector identifying any changes to the information that
was included in the application for the applicable Gas Well Permit that have not been
previously reported to the City.
D. The Operator must provide a copy to the Oil and Gas Inspector all reports otherwise filed
with the TCEQ in connection with an installed vapor recovery unit as described in
35.22.8.E.2. The Operator shall also provide the City with copies of any responses
provided by TCEQ. Such reports and responses shall be kept on the Drilling and
Production Site and shall be available for inspection when requested by the Oil and Gas
Inspector.
E. The Operator shall provide the City with copies filed with the RRC of the respective
reports for setting surface casing, blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be kept on the Drilling and Production Site and shall be
available for inspection when requested by the Oil and Gas Inspector.
F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection
35.22.8.D.2 upon request by the Oil and Gas Inspector.
G. In addition to the records listed in Subsections 35.22.5.F.9 and 35.22.12.13, the Operator
shall provide the City with a copy of all records filed with the RRC and TCEQ by the
Operator or by third parties. Copies of such records shall be kept on the Drilling and
Production Site and shall be available for inspection when requested by the Oil and Gas
Inspector.
1 35.22.44-12. - Periodic Reports.
A. The Operator shall notify the Oil and Gas Inspector and the Fire Marshal of any changes
to the following 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 the person(s) with
supervisory authority over the Drilling and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in person
or by registered or certified mail; and
4. The Operator's Emergency Action Plan if required to file one pursuant to federal or
state law.
B. The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the RRC or any other state or federal agency within thirty (30) days after the
operator has notice of the existence of such reports or complaints. This includes the
recording of both reportable and non - reportable events as noted in Texas Administrative
Code, Title 30.
C. Beginning the January after each well is spud, and continuing on each January thereafter
until the operator notifies the Oil and Gas Inspector that the well has been plugged and
abandoned and the Drilling and Production Site restored, the operator shall prepare a
written report to the Oil and Gas Inspector identifying any changes to the information that
was included in the application for the applicable Gas Well Permit that have not been
previously reported to the City.
D. The Operator must provide a copy to the Oil and Gas Inspector all reports otherwise filed
with the TCEQ in connection with an installed vapor recovery unit as described in
35.21.E.2.ft- The Operator shall also provide the City with copies of any responses
provided by TCEQ. Such reports and responses shall be kept on the Drilling and
Production Site and shall be available for inspection when requested by the Oil and Gas
Inspector.
E. The Operator shall provide the City with copies filed with the RRC of the respective
reports for setting surface casing, blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be kept on the Drilling and Production Site and shall be
available for inspection when requested by the Oil and Gas Inspector.
F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection
35.22.E ®D.2:-q upon request by the Oil and Gas Inspector.
G. In addition to the records listed in Subsections 35.22.5. . . & .°F.9 and 35.22. 12.13, the
Operator shall provide the City with a copy of all records filed with the RRC and TCEQ
by the Operator or by third parties. Copies of such records shall be kept on the Drilling
and Production Site and shall be available for inspection when requested by the Oil and
Gas Inspector.
35.22.13. - Notice of Activities.
A. Any Operator who intends to perform the following activities: (1) drill a well; (2) re -work
a well using a drilling rig; (3) to fracture stimulate a well; (4) perform flow back
operations; (5) plug a well; (6) perform any other maintenance at a Drilling and
Production Site; or (7) to conduct seismic exploration not involving explosive charges;
shall give written notice to the City no sooner than thirty (30) days and no later than three
(3) days before the activities begin, provided that the Operator has first obtained all
necessary authorizations required by this Chapter. Road Damage Remediation Fees shall
be paid to the City and submitted with the Notice of Activities.
B. All dwellings within twelve hundred (1,200) feet of a Drilling and Production Site shall
be notified a minimum of ninety -six (96) hours prior to the activities listed in Section A.
1. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not limited to the duration of the
activities and the time of day they will be conducted.
2. The notice shall also provide the address and the telephone numbers of two persons
responsible for the well who may be contacted twenty -four (24) -hour a day
concerning the activities.
C. The Operator responsible for the activities shall post a sign at the entrance of the Drilling
and Production Site giving the public notice of the activities, including the name, address,
and twenty -four (24) -hour phone number of the person conducting the activities.
D. If upon receipt of the notice the City determines that an inspection by the Oil and Gas
Inspector is necessary, the Operator will pay the City's customary charge for the
inspection.
E. Surface Casing.
1. The Operator shall notify the Inspector within 24 hours of setting surface casing.
2. Casing procedures shall follow RRC Rule 3.13, or any successor regulation.
F. If a proposed Drilling and Production Site is located within twelve hundred (1,200) feet
of a Protected Use, the Operator shall also host a public meeting at a location accessibly
convenient to surrounding property owners and residents at least ten (10) days, but no
more than forty -five (45) days, prior to either: (1) the public hearing held by the Planning
and Zoning Commission in connection with an SUP application, or (2) the submission of
a Preliminary Gas Well Development Site Plan if an SUP is not required. The Operator
must provide written notice of the meeting to all property owners located within one
thousand (1,200) feet of the proposed Drilling and Production Site. A mailing list that
identifies each property and property owner shall be submitted to the Oil and Gas
Inspector for proof of compliance with this requirement. The meeting should provide
information regarding planned activities and timelines for the site and must provide an
opportunity for citizens to ask questions about the proposed site. All notification and
meeting costs shall be borne by the Operator.
G. All surrounding property owners, businesses and residents within twelve hundred (1,200)
feet of a Drilling and Production Site shall be notified a minimum of ninety -six (96)
hours prior to fracturing of a wellhead. In addition, at least two (2) business days before
fracturing operations commence, the Operator shall post a sign at the entrance of the site
advising the public of the date the operations will begin and send notice to the City.
ON
-35.22.4-213. - Notice of Activities.
A. Any Operator who intends to perform the following activities: (1) drill a well; (2) re -work
a well using a drilling rig; (3) to fracture stimulate a well ; (4) perform flow back
operations; (5) plug a well; (6) perform any other maintenance at a Drilling and
Production Site; or (7) to conduct seismic exploration not involving explosive charges;
shall give written notice to the City no sooner than thirty (30) days and no later than 4
'__o� s;A,Eghree (213�) days before the activities begin, provided that the Operator has first
obtained all necessary authorizations required by this Chapter. Road Damage
Remediation Fees shall be paid to the City and submitted with the Notice of Activities.
B. All dwellings within twelve hundred (1,200) feet of a we44Drilling and Production Site
shall be notified a minimum of t;ar�-y eigktninety -six (49�96) hours prior to the activities
listed in Section A.
1. The notice shall identify where the activities will be conducted and shall describe the
activities in reasonable detail, including but not limited to the duration of the
activities and the time of day they will be conducted.
2. The notice shall also provide the address and the telephone numbers of two persons
responsible for the well who may be contacted twenty -four (24) -hour a day phe+te
concerning the activities.
C. The Operator responsible for the activities shall post a sign at the entrance of the Drilling
and Production Site giving the public notice of the activities, including the name, address,
and twenty -four (24) -hour phone number of the person conducting the activities.
D. If upon receipt of the notice the City determines that an inspection by the Oil and Gas
Inspector is necessary, the eOperator will pay the City's customary charge for the
inspection.
E. Surface Casing.
1. The Operator shall notify the Inspector within 24 hours of setting surface casing.
2. Casing procedures shall follow RRC Rule 3.13, or any successor regulation.
F. If a proposed Drilling and Production Site is located within twelve hundred (1,200) feet
of a Protected Use, the Operator shall also host a public meeting at a location accessibly
convenient to surrounding property owners and residents at least ten (10) days, but no
more than forty -five (45) days, prior to either: (1) the public hearing held by the Planning
and Zoning Commission in connection with an SUP application, or (2) the submission of
a Preliminary Gas Well Development Site Plan if an SUP is not required. The Operator
must provide written notice of the meeting to all property owners located within one
thousand (1,4200) feet of the proposed Drilling and Production Site. A mailing list that
identifies each property and property owner shall be submitted to the Oil and Gas
Inspector for proof of compliance with this requirement. The meeting should provide
information regarding planned activities and timelines for the site and must provide an
opportunity for citizens to ask questions about the proposed site. All notification and
meeting costs shall be borne by the Operator.
G. All surrounding property owners, businesses and residents within twelve hundred (1,200)
feet of a Drilling and Production Site shall be notified a minimum of t;ar�-y eigktninety -six
(49�96) hours prior to fracturing of a wellhead. In addition, at least two (2) business days
before fracturing operations commence, the Operator shall post a sign at the entrance of
the site advising the public of the date the operations will begin and send notice to the
city.
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35.22.14. — Relief Measures.
A. Board of Adjustment Proceedings.
I. The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Oil and Gas Inspector relative to the application and
interpretation of this Subchapter, except for vested rights appeals and matters
described in Section 35.22.I4.C.; furthermore the Board of Adjustment shall hear and
decide requests for variances to the provisions of this Subchapter under the relevant
criteria set forth below. The Board may also grant special exceptions: (i) extending
the expiration date of a Consolidation Permit, a Site Preparation Plan, a Gas Well
Development Site Plan or a Gas Well Permit for a period not to exceed one year; or
(ii) limiting the area of contiguous leased area under consideration for a consolidation
permit pursuant to Section 35.22.4.D.3. Any Operator who desires to appeal the
decision of the Oil and Gas Inspector, request a variance or request a special
exception to file a variance may file an appeal or variance to the Board of Adjustment
pursuant to this Section shall follow the procedures in Section 35.3.6 of the DDC.
Appeal fees shall be required for every appeal or variance request.
a. Standard of review for appeals. The members of the Board of Adjustment shall
have and exercise the authority to hear and determine appeals where it is alleged
there is error or abuse of discretion regarding the approval or denial of a Gas Well
Development Site Plan, or the issuance or non - issuance of a Gas Well Permit.
b. Standard of review for variances. In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
i. Whether there are special circumstances existing on the property on which the
application is made related to size, shape, area, topography, surrounding
conditions and location that do not apply generally to other property in the
vicinity;
ii. Whether a variance is necessary to permit the applicant the same rights in the
use of his property that are presently enjoyed by other similarly situated
properties, but which rights are denied to the property on which the
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 City;
iv. Whether the variance, if granted, will be of no material detriment to the public
welfare or injury to the use, enjoyment, or value of property in the vicinity;
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the vicinity considering the particular location and the
character of the improvements located there;
vi. Whether the drilling of the maximum number of potential wells for the
proposed drill site would conflict with the orderly growth and development of
the City;
vii. Whether there are other alternative well site locations;
viii. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the oil, gas,
or combined well permit conditions to be imposed;
ix. Whether the operations proposed are consistent with protecting the ecological
integrity and environmental quality, including protection of surface and
ground water sources, of potentially impacted environmentally sensitive areas;
x. Whether there is reasonable access for City fire personnel and firefighting
equipment, including the ability to safely evacuate potentially affected
residents;
xi. Whether the impact upon adjacent property and the general public by
operations conducted in compliance with the gas well permit conditions are
reasonable and justified, balancing the following factors:
1. The reasonable use of the mineral estate by the mineral estate owner(s) to
explore, develop, and produce the minerals; and
2. The availability of alternative drilling sites; and
xii. Where a variance is requested to reduce separation standards in 35.22.8.A.1,
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currently in use, have consented to the reduction in
separation standards in writing.
c. The Board of Adjustment shall determine whether to grant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Permit based
ON
upon whether there are circumstances reasonably beyond the control of the
Operator, including any delay on the part of the City in issuing subsequent
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 that are presently
enjoyed by other similarly situated properties, but which rights are denied to the
property for which the Site Plan or Permit expires.
d. The Board of Adjustment shall determine whether to grant an applicant's request
for a special exception to limit the contiguous leased area under consideration for
a consolidation permit pursuant to Section 35.22.4, based on proof that such
area(s) is under separate mineral lease from the mineral lease that contains the
proposed consolidated site; that the mineral lease containing such consolidated
site prohibits access to the leased area(s) to be excluded and that there is no
economically feasible means of either obtaining the lessor's consent to access the
minerals from such area(s) to be excluded from the proposed consolidated site or
that the areas cannot be accessed through joint operating agreements from the
proposed consolidated site. The Board in evaluating the special exception request
may employ experts to assist it in deciding the special exception. The Board may
approve a special exception for a smaller area than requested by the applicant.
2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the
Oil and Gas Inspector's order, requirement, decision or determination from which an
appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, requirement, decision or
determination. The Board of Adjustment may issue a variance to the applicant under
the criteria referenced in Subsection A.l.b., and may grant a special exception under
the criteria referenced in A.l.c. Any action under this subsection shall require a
three- fourths majority vote of the entire Board of Adjustment.
3. Any Operator aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, stating that such decision is illegal, in whole
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 of the Board of
Adjustment was rendered and not thereafter, and judicial review of the petition shall
be pursuant to Texas Local Government Code, § 211.011, as amended.
B. Watershed Permit Appeals.
1. The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on grounds pertaining to the standards in Subsection 35.22.5.1) to
the Planning and Zoning Commission within ten (10) calendar days of the decision by
3
the DRC. In deciding the appeal, the Planning and Zoning Commission shall decide
the appeal based upon the standards made applicable to the permit by Subsection
35.22.5.D.
2. The applicant may file a petition for review pursuant to Subsection 35.22.5.D on
grounds therein specified to the City Council within ten (10) calendar days of the
decision by the Planning and Zoning Commission. The Council shall decide the
petition based upon the criteria in Subsection 35.22.5.D.
C. Vested Rights Appeals.
Any person who claims that he has obtained a vested right pursuant to Texas Local
Government Code, Chapter 245 or other applicable vesting law for such applications,
may request a determination pursuant to Section 35.3.8 of the DDC. For proposed
gas wells to be located inside the city limits, the petitioner shall include a statement of
the reasons why the zoning regulations contained in this Subchapter 22 are not
exempt from statutory limitations on the application of new zoning standards.
M
35.22.46. ad °°° kees]l4. — Relief Measures.
A. Board of Adjustment Proceedings.
The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Oil and Gas Inspector relative to the application and
interpretation of this Subchapter, except for 4 4o-yL- vested ri (Yhts appeals and matters
described in 44 ,Section 35.22.44— ?--&ad ?��514.C; furthermore the Board
of Adjustment shall hear and decide requests for variances to the provisions of this
Subchapter under the relevant criteria set forth below. The Board may also grant a
special eeicrexceptions: (i) extending the expiration date of a Consolidation
Permit, a Site Preparation Plan, a Gas Well Development Site Plan or a Gas Well
Permit for a period not to exceed one year; or (ii) limiting the area of contiguous
leased area under consideration for a consolidation permit pursuant to 44e -e
Section 35.22.4.D.3. Any Operator who desires to appeal the e--4
nreir�r� c- decision of the Oil and Gas Inspector, request nest
or request a special exce tion to file a variance may file an appeal or
variance to the Board of Adjustment pursuant to_this Section shall follow the
procedures in Section 35.3.6 of the DDC. Appeal fees shall be required for every
appeal or variance request. 14=14E 4 + - ns. ° 4 rll re t va the app r
a. Standard of review for appeals. The members of the Board of Adjustment shall
have and exercise the authority to hear and determine appeals where it is alleged
there is error or abuse of discretion regarding the approval or denial of a Gas Well
Development Site Plan, or the issuance or non - issuance of a Gas Well Permit.
b. Standard of review for variances. In deciding variance requests, the Board of
Adjustment shall consider, where applicable, the following relevant criteria:
i. Whether there are special circumstances existing on the property on which the
application is made related to size, shape, area, topography, surrounding
conditions and location that do not apply generally to other property in the
vicinity;
ii. Whether a variance is necessary to permit the applicant the same rights in the
use of his property that are presently enjoyed by other similarly situated
properties, but which rights are denied to the property on which the
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 #*CLity;
iv. Whether the variance, if granted, will be of no material detriment to the public
welfare or injury to the use, enjoyment, or value of property in the vicinity;
v. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the vicinity considering the particular location and the
character of the improvements located there;
vi. Whether the drilling of the maximum number of potential wells for the
proposed drill site would conflict with the orderly growth and development of
the %City;
vii. Whether there are other alternative well site locations;
viii. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the oil, gas,
or combined well permit conditions to be imposed;
ix. Whether the operations proposed are consistent with protecting the ecological
integrity and environmental quality, including protection of surface and
ground water sources, of potentially impacted environmentally sensitive areas;
x. Whether there is reasonable access for tCi�t fire personnel and
firefighting equipment, including the ability to safely evacuate potentially
affected residents;
xi. Whether the impact upon adjacent property4e,,i) and the general public by
operations conducted in compliance with the o4_ gas; --mow � _ well
permit conditions are reasonable and justified, balancing the following factors:
1. The reasonable use of the mineral estate by the mineral estate owner(s) to
explore, develop, and produce the minerals; and
2. The availability of alternative drilling sites; and
2
xii. Where a variance is requested to reduce separation standards in 35.22.448A. 1,
in addition to other relevant criteria, the extent to which owners of Protected
Uses, or freshwater wells currently in use, E)r preN,ieusl- e plat4ed „r.a,_'
�e ]^*e, —WT -° W- hi*a-bl° stFuetur °° have consented to the
reduction in separation standards in writing.
c. The Board of Adjustment shall determine whether to grant an extension of the
expiration date for a Gas Well Development Site Plan or Gas Well Permit based
upon whether there are circumstances reasonably beyond the control of the
Operator, including any delay on the part of the City in issuing subsequent
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 that are presently
enjoyed by other similarly situated properties, but which rights are denied to the
property for which the Site Plan or Permit expires ,
d. The Board of Adjustment shall determine whether to errant an applicant's request
1 ( rr a special exception to limit the Conti 5uous leased area under consideration for
a consolidation permit pursuant to Section 35.22.4, based on proof that such
areas) is under separate mineral lease from the mineral lease that contains the
roposed consolidated site; that the mineral lease cantainin� such consolidated
site access a) ph be excluded and that there is no
economically feasible means <,1' either obtainin(5 the lessor's consent to access the
minerals from such areas) to be excluded from the r<aposed consolidated site or
that the areas cannot be accessed throuuh point uperatinu agreements froin the
proposed consolidated site "d'he Board in evaluatin 5 tl ecial exception ret ti nest
may em luy experts to assist it in decidin(5 the special exception. The Board may
approve a special exception 1 <rr a smaller area than requested b the ap licant.
2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the
Oil and Gas Inspector's order, requirement, decision or determination from which an
appeal is taken and make the correct order, requirement, decision or determination
from which an appeal is taken and make the correct order, requirement, decision or
determination. The Board of Adjustment may issue a variance to the applicant under
the criteria referenced in Subsection A.l.b., and may grant a special exception under
the criteria referenced in A.I.e. Any action under this subsection shall require a
three- fourths majority vote of the entire Board of Adjustment.
3. Any Operator aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, stating that such decision is illegal, in whole
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 of the Board of
3
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Formatted: incr2, Indent: Left: 0.75',
Hanging: 0.25'
Adjustment was rendered and not thereafter, and judicial review of the petition shall
be pursuant to Texas Local Government Code, § 211.011, as amended.
B. Watershed Permit Appeals.
The applicant may appeal the denial or conditional approval of a Watershed
Protection Permit on grounds pertaining to the standards in Subsection 35.22.5.E
Formatted: Font: +Body
gI) to the Planning and Zoning Commission within ten (10) calendar days of
the decision by the DRC. In deciding the appeal, the Planning and Zoning
Commission shall decide the appeal based upon the standards made applicable to the
permit by Subsection. ^� 4-,+ �. ' 35.22.5.D.
2. The applicant may file a petition for review pursuant to Subsection^ ri -44
35.22.5.1) on grounds therein specified to the City Council within ten (10) calendar
days of the decision by the Planning and Zoning Commission. The Council shall
decide the petition based upon the criteria in Subsection, 35.22.5,. ^ .4 - &n4 ^ f).
C. ' iet1 Vested Rights A
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35.22.15. - Remedies of the City.
A. If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
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 35.22.16, give written notice
to the operator specifying the nature of the alleged failure and giving the Operator a
reasonable time to cure, taking into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. The Operator shall respond in writing within
forty -eight (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a risk of imminent destruction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal may issue a Stop Work Order under the Fire Code.
B. If the Operator does not cure the alleged failure within the time specified by the Fire
Marshal and /or Oil and Gas Inspector, the Fire Marshal and/or Oil and Gas Inspector may
notify the RRC and request that the RRC take appropriate action (with a copy of such
notice provided to the operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal and /or Oil and Gas Inspector, the Oil and Gas Inspector may upon
recommendation of the Health and Building Standards Commission
1. Recommend to the City Council that the Gas Well Permit be suspended until the
alleged failure is cured; or,
2. Recommend to the City Council that the Gas Well Permit be revoked, if after prior
suspension the Operator does not cure the alleged failure.
D. The decision of the Fire Marshal and /or Oil and Gas Inspector to recommend suspension
or revocation of a Gas Well Permit shall be provided to the Operator in writing at least
ten (10) days before any action by the City Council unless the alleged failure present a
risk of imminent destruction of property or injury to persons.
E. If a Gas Well Permit is revoked, the Operator may submit information to the Oil and Gas
Well Inspector evidencing that the alleged failure resulting in the revocation of the Gas
Well Permit have been corrected, and an application for a new Gas Well Permit may be
submitted for the same well.
I Im I I -2I -I4
35.22.4-715. - Remedies of the City.
A. If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of a Gas Well Permit (including
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 35.22.16, give written
notice to the operator specifying the nature of the alleged failure and giving the Operator
a reasonable time to cure, taking into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. The Operator shall respond in writing within
forty -eight (48) hours and indicate how the violation(s) shall be cured. In no event,
however, shall the cure period be less than thirty (30) days unless the alleged failure
presents a risk of imminent destruction of property or injury to persons or unless the
alleged failure involves the operator's failure to provide periodic reports. The Fire
Marshal ^r Oil and Gas hispeete may issue a Stop Work Order under the Fire Code.
B. If the Operator does not cure the alleged failure within the time specified by the Fire
Marshal and /or Oil and Gas Inspector, the Fire Marshal and/or Oil and Gas Inspector may
notify the RRC and request that the RRC take appropriate action (with a copy of such
notice provided to the operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire
Marshal and /or Oil and Gas Inspector, the Oil and Gas Inspector may upon
recommendation of the Health and Building Standards Commission
1. Recommend to the City Council that the Gas Well Permit be suspended until the
alleged failure is cured; or,
2. Recommend to the City Council that the Gas Well Permit be revoked, if after prior
suspension the Operator does not cure the alleged failure.
D. The decision of the Fire Marshal and /or Oil and Gas Inspector to recommend suspension
or revocation of a Gas Well Permit shall be provided to the Operator in writing at least
ten (10) days before any action by the City Council unless the alleged failure present a
risk of imminent destruction of property or injury to persons.
E. If a Gas Well Permit is revoked, the Operator may submit information to the Oil and Gas
Well Inspector evidencing that the alleged failure resulting in the revocation of the Gas
Well Permit have been corrected, and an application for a new Gas Well Permit may be
submitted for the same well.
35.22.16. - Enforcements, Right of Entry.
A. The Fire Marshal and the Oil and Gas Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Permit. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Permit, the Fire Marshal or Oil and Gas Inspector, may enter upon any property covered
by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any
duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every
remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under
this Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; or
3. Violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter.
D. The Oil and Gas Inspector is authorized to issue citations into municipal court for
violations of this Subchapter or Gas Well Permit.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter.
1 35.22.4-816. 16. - Enforcements, Right of Entry.
A. The Fire Marshal and the Oil and Gas Inspector are authorized and directed to enforce
this Subchapter and the provisions of any Gas Well Permit. Whenever necessary to
enforce any provision of this Subchapter or a Gas Well Permit, or whenever there is
reasonable cause to believe there has been a violation of this Subchapter or a Gas Well
Permit, the Fire Marshal or Oil and Gas Inspector, may enter upon any property covered
by this Subchapter or a Gas Well Permit at any reasonable time to inspect or perform any
duty imposed by this Subchapter. If entry is refused, the City shall have recourse to every
remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under
this Subchapter;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this
Subchapter; or
3. Violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter.
D. The Fife M,,, sha Oil and Gas Inspector is authorized to issue citations into municipal
court for violations of this Subchapter or Gas Well Permit.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter.
Exhibit 3
SECTION 35.7.16
Gas Well Combining District
35.7.16.1. Purpose, Applicability and Nature of Combining District.
A. Purpose. The purpose of the Gas Well Combining District is to assure
compatibility between gas well development and residential, commercial and
industrial developments within the corporate limits of the City by requiring
consolidation of gas well Drilling and Production activities within areas that
present the least conflicts between existing and future surface developments, on
the one hand, and gas well development on the other, with the objective of
establishing one gas well Drilling and Production Site per square mile. The
Combining District is intended to reduce to the maximum extent possible the
deleterious impacts arising from gas well development to other types of surface
developments within proximity to gas well drilling and production activities,
while providing mineral owners with reasonable access to mineral resources
through development of the surface. The District is also intended to promote the
existing and future economic development of the City and to promote the health,
safety and general welfare of the City's residents and employees.
B. Applicability. No gas well development may be undertaken on a new Drilling
and Production Site unless such activities have been authorized by approval of a
Gas Well Combining District. A Gas Well Combining District may also be
approved for the purpose of designating an existing Drilling and Production Site
as a consolidated site. All new Drilling and Production Sites to be established
within an existing PD or MPC Zoning District shall be approved as a Gas Well
Combining District pursuant to the standards and procedures of this Section.
C. Nature of Combining District. The Gas Well Combining District shall be
considered an overlay zoning district that combines with any base zoning district,
or with a proposal to initially zone or rezone land within the City. Establishment
of a Combining District shall be by ordinance and shall be considered a zoning
map amendment, shall be defined on the City's Official Zoning Map, and shall be
processed as a zoning district amendment. Each Combining District shall
designate a Drilling and Production Site for consolidation of all future gas well
development within the District, the "consolidated site."
D. Terms. The terms used in this Section incorporate the definitions of terms in
Subchapter 35.22.
35.7.16.2. Uses Permitted Within Combining District.
Only gas well drilling and production activities and uses incidental thereto are authorized
within Drilling and Production Sites within a Gas Well Combining District. Within all
other areas of the Combining District, only the uses authorized by the base zoning
district(s) are authorized. Upon termination of the Combining District, the regulations of
the base zoning district shall remain in effect for all of the land within the former
Combining District.
35.7.16.3 Size of Combining District and Number of Wells Allowed.
A. Area of District. The minimum area permitted for a Gas Well Combining District
shall be eighty (80) acres, unless the applicant can demonstrate the necessity for
utilizing a smaller area. Not more than one Drilling and Production Site shall be
allowed per eighty (80) acres. All contiguous areas subject to mineral leases
owned or controlled by the applicant shall be included within the proposed
Combining District, unless the applicant can demonstrate the necessity for
utilizing s smaller area.
B. Number of Gas Wells. It is the intent of the Combining District regulations to
consolidate as many gas wells on a single Drilling and Production Site as is
feasible. The number of proposed gas wells authorized for a consolidated site
shall be determined by computing one (1) gas well for every twenty (20) acres
included within the Combining District.
35.7.16.4 Criteria for Establishing Combining District.
In determining whether a Gas Well Combining District should be established, the
Planning and Zoning Commission in reporting and recommending action, and the City
Council in deciding the application, shall determine whether the location of the proposed
Combining District, with or without conditions, best minimizes the deleterious impacts of
existing and future gas well development on existing and planned future residential,
commercial and industrial development within and adjacent to the Combining District,
taking into consideration the following criteria:
1. The current base zoning district classification(s) for the proposed Combining
District and the compatibility of gas well development with uses authorized
within such classification(s);
2. The compatibility of the proposed Drilling and Production Site with other existing
and authorized surface developments;
3. The location of existing Drilling and Production Sites within the proposed
Combining District or within one half -mile of the proposed consolidated site,
which are under the control of the applicant;
4. The location of other Combining Districts or consolidated sites within one -half
mile of the proposed consolidated site;
5. The extent to which the proposed consolidated site adversely affects watersheds
and floodplains;
PJ
6. The proposed location of roads for access to the proposed consolidated site and
the effects on existing and future surface development within the District;
7. The location of existing and proposed pipelines and water lines to serve the
proposed consolidated site and the anticipated effects of such facilities on other
surface developments within the proposed Combining District;
8. The extent of contiguous mineral leases held or under the control of the applicant;
and
9. The limitations on the applicant's ability to reasonably access the minerals it owns
or leases without utilizing the proposed consolidated site.
35.7.16.5. Contents of Combining District Ordinance.
The Ordinance approving the Gas Well Combining District shall identify the following:
1. The boundaries of each base zoning district that underlies the Combining District;
2. The boundaries of the District;
3. Identification of the consolidated site and each existing Drilling and Production
Site within the Combining District by metes and bounds description;
4. A Combining District Plan showing the following:
a. The location of the consolidated site and each existing Drilling and
production site within the district;
b. The location of the road(s) approved for access to each Drilling and
Production Site;
C. The reverse set -backs from the consolidated site and each existing Drilling
and Production Site.
5. Requirements for public facilities to serve the Drilling and Production Site,
including provision for improvements to the road network serving the
consolidated site, if any;
6. Any conditions applicable to the gas well drilling and production activities within
the Combining District;
7. The number of approved gas wells to be transferred, if any, from existing Drilling
and Production Sites within or outside the District to the consolidated site;
3
The limitations on gas well development within all other existing Drilling and
Production Sites within the District, including without limitation vacation of prior
approved gas well development plats or site plans; and
9. Specification of reverse set -backs from the consolidated site and each existing
Drilling and Production Site within the District, if different from those required
by Subchapter 35.22.
35.7.16.6 Options and Conditions.
In deciding the application, the Council may provide for any of the following:
Designation of a different consolidated site than that proposed by the applicant if
it better meets the purposes of the Combining District;
2. Designation of different boundaries for the Combining District than proposed by
the applicant;
Authorization for the transfer of approved gas wells to be transferred from
existing drilling and production sites within or outside the District to the
consolidated site, provided that the existing sites are restricted from new gas well
development.
4. Imposition of such conditions on gas well drilling and production activities within
the Combining District as are necessary to implement the purposes of the District,
including the imposition of restrictions on development of new gas wells on other
drilling and production sites under the control of the applicant and located within
one -half mile of the consolidated site; and
Designation of an existing drilling and production site as the consolidated site.
35.7.16.7 Effect of Approval of Combining District.
Following approval of a Gas Well Combining District, the following rules shall apply
within the District. These rules shall not be varied without amendment of the Combining
District Ordinance.
All gas well development shall be conducted solely within the consolidated site or
within existing Drilling and Production Site(s) consistent with the terms of the
Combining District Ordinance. All other areas within the Combining District
shall be reserved for development of uses authorized in the base zoning district(s).
2. Road access to the drilling and production activities shall be solely upon roads
designated for such purposes.
0
3. No other Drilling and Production Sites may be created within the boundaries of
the Combining District.
4. Unless different reverse set -backs are specified in the Combining District
Ordinance, no Protected Use may be located within 600 feet of the boundaries of
the consolidated site, nor within 300 feet of any other existing Drilling and
Production Site within the District. No other habitable structures may be located
within 500 feet of the boundaries of the consolidated site.
5. All subsequent gas well development within the Combining District shall be in
accordance with the standards and procedures contained within this Subchapter
35.22 and shall be in compliance with any conditions made applicable to such
development within the District.
6. The separation distances in Section 35.22.8.A.1 shall not apply to gas well
development on the consolidated site.
7. No more than thirty -two gas wells may be developed on a consolidated site within
a one -mile square area.
8. All gas well development within the Combining District shall be approved and
completed pursuant to the procedures and subject to the standards set forth in
Subchapter 35.22.
35.7.16.8 Application Requirements.
The applicant for a Gas Well Combining District shall be the mineral owner or lessee(s)
of the land for which application is made. The application requirements for a
consolidation permit set forth in Section 35.22.4.0 shall apply to a request to establish a
Gas Well Combining District. In addition, the applicant shall include the following:
1. Proof of notice to each surface owner within the proposed boundaries of the
District;
2. The proposed boundaries of the Combining District;
3. Written verification of the application;
4. Identification of the boundaries of each base zoning district within the proposed
combining district; and
5. A draft Combining District Plan containing the elements described in Section
35.22.7.16.5(4).
35.7.16.9. Amendments.
A. Following approval of a Final Gas Well Development Site Plan pursuant to
Subchapter 35.22, the boundaries of the consolidated site designated in the
Combining District Ordinance shall be deemed amended to include such area,
without the necessity of amending the Combining District, provided that such
boundaries are consistent with the Combining District Plan and are necessary only
to accommodate the proper layout of the drilling and production facilities to be
included within the consolidated site.
B. All other changes to the location of the consolidated site or the number of wells
contained therein shall require amendment of the Combining District. Any
proposed amendment to an approved Final Gas Well Development Site Plan or
development plat that is submitted for the purposes of relocating the boundaries of
the consolidated site or existing Drilling and Production Site within the District
shall be processed as a request for amendment of the Combining District.
35.7.16.10 Expiration of Authorization to Develop Gas Wells within Combining District.
The authorization to develop gas wells within a Gas Well Combining District on the
consolidated site shall be suspended (i) if no application for a Preliminary Gas Well
Development Site Plan has been submitted within two years of the date of approval of the
District, or (ii) within 5 years, if all site plan and permit applications have expired and no
gas well has been established on the site. The Planning and Zoning Commission shall
recommend and the Council shall decide whether the Combining District should be
removed from the property, or whether the authorization to develop gas wells on the
consolidated site should be reinstated with or without conditions.
35.7.16.11 Application for Designation of Existing Drilling and Production Site.
A. The mineral owner or lessee may request rezoning of a tract containing one or
more approved gas well drilling and production sites to a Gas Well Combining
District in order to consolidate gas wells on a Drilling and Production Site that
meets the standards of this Section.
B. The mineral owner or lessee of an approved Drilling and Production Site within
an existing PD or MPD zoning district or of such site approved pursuant to a
Specific Use Permit may apply to convert such Drilling and Production Site and
associated land to a Gas Well Combining District.
C. Upon approval of a Gas Well Combining District designating an existing Drilling
and Production Site as a consolidated site, all rules contained in subsection
35.7.16.7 shall apply, except as otherwise set forth in the ordinance establishing
the Combining District.
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Exhibit 4
Amend Subchapter 35.16.7. Lots, Access and Common Areas as follows:
A. Amend the catchline for Subchapter 35.16.7, which currently reads as, "Lots, Access and
Common Areas. ", to read as follows:
"Lots, Access, Common Areas and Gas Well Notification Disclosure."
B. Amend Section 35.16.7, Lots, Access and Common Areas, to include new Sections
35.16.7.E., which shall read as follows:
E. Gas Well Notification Disclosure. A Plat that proposes single- or multi - family
residential lots that will be within 1,200 feet of one or more gas well pad sites,
except for those gas well pad sites and their subsurface mineral interests which
are eliminated through plugging and abandonment, the Developer shall be
required to provide all of the following disclosure notifications to all lot
purchasers:
1. A note shall be placed on the Plat identifying the gas well pad site(s) and
those proposed lots that are within 1,200 feet of the gas well pad site(s).
Said note shall also include a statement that advises lot purchasers of the
existence of producing wells on the gas well pad site(s), the possibility of
new wells that may be drilled and fracture stimulated on the gas well pad
site(s), as well as the possibility that gas wells on the gas well pad site(s)
may be re- drilled and /or re- fracture stimulated in the future.
2. There shall be depicted on the Plat, or in a separate map, the location of
the gas well pad site(s) in relation to the lots that are within 1,200 feet of a
gas well pad site(s).
3. A provision shall be included in the Declaration of Restrictive Covenants
that advises lot purchasers of the existence of producing wells on the gas
well pad site(s), the possibility that new wells may be drilled and fracture
stimulated on the gas well pad site(s), as well as the possibility that gas
wells on the gas well pad site(s) may be re- drilled and /or re- fracture
stimulated in the future.
4. A Notice document that advises lot purchasers of the existence of
producing wells on the gas well pad site(s), the possibility that new wells
may be drilled and fracture stimulated on the gas well pad site(s), as well
as the possibility that gas wells on the gas well pad site(s) may be re-
drilled and/or re- fracture stimulated in the future, shall be recorded with
the Denton County Clerk's Office.
The form of the disclosure notifications required in subsections E.3. and E.4. shall be approved
by the City Attorney.
Exhibit 5
Zoning Amendments to Section 35.5
Amend Subchapter 35.5, Zoning Districts and Limitations, as follows:
A. Amend Section 35.5.1, Rural Districts, subsection 2, Permitted Uses, by substituting the
term "Gas Well Development," as defined in Section 35.22.2, for the industrial land use
category "Gas Wells
B. Amend Section 35.5.2, Neighborhood /Residential, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.2, for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the NR -3,
NR -4, NR -6, NRMU -12 and NRMU districts for the same category.
C. Amend Section 35.5.3, Downtown Diversity Core, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.2. for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the DR -1,
DR -2, DC -N and DC -G districts for the same category.
D. Amend Section 35.5.4 Community Mixed Use Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.2, for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the CM -G
and CM -E districts for the same category.
E. Amend Section 35.5.5 Regional Mixed Use Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.2, for the
industrial land use category "Gas Wells" and delete the "SUP" designation for the RCR -1
and RCR -2 districts for the same category.
F. Amend Section 35.5.6, Employment Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.2, for the
industrial land use category "Gas Wells."
G. Amend Section 35.5.7, Industrial Centers, subsection 2, Permitted Uses, by substituting
the term "Gas Well Development," as defined in Section 35.22.2, for the industrial land
use category "Gas Wells."
H. Amend Section 35.5.8, Limitations, L (27), to read:
"L (27) = Gas well development on new gas well drilling and production sites must be
authorized through approval of a Gas Well Combining District pursuant to Section
35.7.16. Gas well development on existing drilling and production sites requires
approval of a consolidation permit pursuant to Section 35.22.4. All gas well development
is subject to compliance with Subchapter 35.22, Gas Well Drilling and Production."
Exhibit 6
NEW OIL AND GAS PIPELINE ORDINANCE
Amend Chapter 35 of the DDC to include new Subchapter 35.22A, "Oil and Gas Pipelines ",
which shall read in its entirety as follows:
Sec. 35.22A.1 - Purpose.
The exploration, development, and production of oil and gas in the City of Denton are activities
that necessitate reasonable regulation to ensure that all property owners, mineral and otherwise,
have the right to enjoy their property and its benefits and revenues while at the same time
protecting the City's citizens and others from risks associated with such activities. It is hereby
declared to be the purpose of this subchapter to establish reasonable and uniform limitations,
safeguards, and regulations for present and future operations related to transporting oil and gas
and other substances which are produced in association with oil and gas, within the corporate
limits of the City, and to the extent allowed or as may be allowed by state law, the extraterritorial
jurisdiction, and to protect the health, safety and general welfare of the public; minimize the
potential impact to property and persons; protect the quality of the environment; and encourage
the safe and orderly transport of oil and gas resources.
Sec. 35.22A.2 - Definitions.
All technical and industry words and phrases related to the oil and gas pipelines related to
transporting oil and gas and other substances which are produced in connection with oil and gas
drilling and production activities not specifically defined shall have the meanings attributable
thereto: (1) by other applicable definitions within the DDC; and (2) if not defined by the DDC,
then the meaning customarily attributable to by prudent operators in the oil and gas industry.
City regulated pipelines means those pipelines within the City that under federal and state rules
and regulations are not exempt from City regulations and articles regarding mapping,
inventorying, locating or relocating of pipelines, including, but not limited to, pipelines over,
under, along, or across a public street or alley, pipelines from the well to the first point of
custody transfer or in private residential areas within the boundaries of the City.
Pipeline means all parts of those physical facilities through which gas, hazardous liquids, fresh
water, salt water, or chemicals move in transportation, including but limited to, pipe, valves and
other appurtenance attached to pipe, whether or not laid in public or private easement or public
or private right -of -way within the City, including but not limited to gathering lines, production
lines and transmission lines. This definition does not include pipelines associated with franchise
utilities.
Pipeline construction means the initiation of any excavation or other disturbance of property for
the purpose of installation, construction, maintenance, repair, replacement, modification or
removal of a pipeline.
Pipeline or well emergency means a pipeline or well incident that is required to be reported to
the RRC, the TCEQ, or any federal, state, or local regulatory agency.
Pipeline permit means a permit for the movement of gas, oil, water or other products.
Pipeline operator means any person owning, operating or responsible for operating a pipeline.
Sec. 35.22A.3 - Oil and gas pipelines technical and permitting regulations.
A. General regulations.
1. As determined in the sole, but reasonable, discretion of the City, pipelines may not
interfere with or damage existing utilities, including but not limited to: water, sewer or gas lines,
storm drains, electric lines or the facilities of any public utilities located in public rights -of -way,
utility easements or other City -owned property or in private residential areas.
2. The pipeline operator shall be responsible to grade, level and restore the property affected
by pipeline construction to the same surface condition, as nearly practicable, as existed before
operations were first commenced within thirty (30) days after completion of the pipeline.
3. The pipeline operator shall construct, repair and /or maintain all pipelines so as to meet or
exceed the applicable minimum criteria established by the statutory or regulatory requirements of
the state and federal governments for such pipeline.
4. At least ten (10) days prior to the commencement of any pipeline construction, the
pipeline operator shall give written mailed notice to all residents, tenants and property owners
that are located adjacent to the proposed pipeline. The mailing shall include the operator's
publication on pipeline safety.
5. At the time the required pipeline records are submitted to the railroad commission, the
pipeline operator shall provide the Department the following information, including GPS
information sufficient to locate the pipelines in the future, including the beginning and end points
of the pipeline and sufficient points in between the pipeline route and the depth of cover
information. This information shall be submitted to the Department in a format compatible with
the Department's own GIS system.
a. As -built or record drawings of the pipelines. Accuracy of the record drawings shall
meet a survey level of one (1) foot to fifty thousand (50,000) feet. The scale of the record
drawings shall be a minimum of one (1) inch to forty (40) feet. The drawings shall also be
supplied in a digital file format with the location tied to at least one (1) nearby GPS (global
positioning system) City monument. If the new pipeline length exceeds one thousand (1,000)
feet within the City, the pipeline shall be tied to at least two (2) GPS City monuments;
b. The origin point and the destination of the pipeline;
c. The substance to be transported;
d. A copy of the substance material safety data sheet (MSDS);
e. Engineering plans, drawings and /or maps with summarized specifications showing the
horizontal location, covering depths, and location of shutoff valves of the subject pipeline.
Drawings shall show the location of other pipelines and utilities that are crossed or paralleled
within fifteen (15) feet of the pipeline right -of -way;
f. Detailed cross - section drawings for all public rights -of -ways and easement crossings on
City property as permitted by the City; and
g. A list of the names and mailing addresses of all the property owners, residents and
tenants adjacent to the pipeline construction.
6. A pipeline operator that transports gas, oil, liquids or hydrocarbons through a pipeline
located in the City shall be a member in good standing with the one call system or other
approved excavation monitoring system as required by state law. The pipeline operator that
transports gas, oil, liquids or hydrocarbons through a pipeline shall contract for service with the
selected underground utility coordinating system for a minimum of five (5) years unless there is
an agreement to change to an alternate system between the City and the pipeline operator. Said
pipeline operator shall maintain such services without interruption for the life of the pipeline
permit and as required under this section.
7. At the time of permitting and each year thereafter that the pipeline remains active, each
pipeline operator shall provide to the Oil and Gas inspector, the Fire Marshal and the Chief of
Police the names, mailing addresses and telephone numbers of at least two (2) primary persons,
officers or contacts available on a twenty -four (24) hour basis and at least two (2) alternative
persons, officers or contacts to be reached in the event that the primary contacts are unavailable
who:
a. Can initiate appropriate actions to respond to an emergency;
b. Have access to information on the location of the closest shutoff valve to any specific
point in the City; and
c. Can furnish the common name of the material then being carried by the pipeline
Any change in the above information must be provided to the City by contacting the gas
inspector prior to such change.
8. Each pipeline operator shall file a copy of all initial or follow -up reports provided to the
U.S. Department of Transportation or the RRC on unsafe pipeline conditions, pipeline
emergencies or pipeline incidents within the City concurrently with the City. In addition, such
pipeline operator shall file any initial or follow -up reports filed with state and federal
environmental regulatory agencies pertaining to pipeline releases within the City concurrently
with the City.
9. Every pipeline operator shall be required to file with the Department an annual verified
report in letter form on or before June 30 of each year to cover a reporting period of the previous
June 1 through May 31. Said written report shall contain a statement that the pipeline has no
outstanding safety violations within the City as determined in an inspection or audit by either the
RRC and /or the U.S. Department of Transportation with regard to any pipeline operating within
the City. Alternatively, if there are any safety violations as determined by the RRC and /or the
U.S. Department of Transportation that have not been corrected, these shall be described to the
City with an action plan to correct the safety violations. Said action plan shall include a timeline
for corrective action and the individual or firm responsible for each action.
B. City regulated pipelines - peg snit required.
1. City regulated pipelines shall adhere to all standards outlined in section A. Federal and
state statutory or regulatory requirements shall apply to pipelines between the well and the point
of custody transfer. Prior to the transport of gas, oil, liquids or hydrocarbons, the operator shall
provide to the Department certification from a professional engineer registered with the State of
Texas that the design and installation of the pipelines meet all state and federal requirements.
2. Prior to pipeline construction and the issuance of notice required in section A.4, a
pipeline operator shall obtain a pipeline permit from the City for all City regulated pipelines.
Exceptions to this permitting requirement are those pipelines from the well to the first point of
custody transfer and for construction necessary to respond to a pipeline emergency.
3. At the same time the operator submits a Gas Well Permit application, the operator shall
require the pipeline operator to submit a proposed pipeline route from the well bore to the
transmission line, for all City regulated pipelines.
4. The pipeline operator shall be required to submit an application for a pipeline permit to
the Department prior to making any offer or initiating any negotiation or action to acquire any
easement or other property right to construct, install, maintain, repair, replace, modify, remove or
operate a pipeline in private residential areas.
5. The pipeline operator shall backfill all trenches and compact such trenches to ninety -five
(959) percent standard density proctor in eight -inch lifts and construct the Pipeline so as to
maintain a minimum depth of ten (10) feet below the finished grade except in public rights -of-
way, where minimum cover to the top of the pipe shall be at the discretion of the Department
based on existing or planned utilities. During the backfill of any pipeline excavations in open cut
sections, the pipeline operator shall bury "buried pipeline" warning tape one (1) foot above any
such pipeline to warn future excavators of the presence of a buried pipeline. The gas inspector
may also require that a proposed or existing pipeline be relocated should it conflict with the
proposed alignment and depth of a gravity dependent utility.
6. The pipeline operator shall equip all City regulated pipelines with an automated pressure
monitoring system that detects leaks and shuts off any line or any section of line that develops a
leak. In lieu of such system, the pipeline operator may have twenty -four (24) hour pressure
monitoring of the pipeline system which provides monitoring of the pipeline within the City
limits.
7. Review by the gas drilling review committee for all proposed pipelines through private
residential areas shall be required prior to the issuance of a permit for the commencement of
pipeline construction.
8. A pipeline permit application shall be required as follows:
a. Applications for a City regulated pipeline or other activities regulated by this subsection
shall be submitted to the Department in a form prescribed by the Department.
b. Plans submitted with each application for a pipeline permit shall be in a format
approved by the Department showing the dimensions and locations of the pipeline and related
items or facilities, as well as all proposed lift stations, pumps or other service structures related to
such pipeline and the location, type and size of all existing utilities, drainage, right -of -way and
roadway improvements. The plans must additionally show the elevation and location of all
known public utilities within fifteen (15) feet of the centerline of the proposed pipeline. Any
application that fails to meet these requirements will be returned unfiled to the applicant.
c. The following information shall be provided in the application:
i. The name, business addresses and telephone numbers of the pipeline operator;
ii. The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the pipeline operator;
b. The person designated as the principal contact for the submittal; and
c. The person designated as the twenty -four (24) hour emergency contact;
iii. The origin point and the destination of the proposed subject pipeline;
iv. A text description of the general location of the proposed subject pipeline
v. A description of the substance to be transported through the proposed subject
pipeline;
vi. A copy of the substance material safety data sheet (MSDS);
vii. Engineering plans, drawings and /or maps with summarized specifications showing
the horizontal location, covering depths and location of shutoff valves of the proposed subject
pipeline. To the extent that information can be obtained, drawings shall show the location of
other pipelines and utilities that will be crossed or paralleled within fifteen (15) feet of the
proposed subject pipeline right -of -way;
viii. A description of the consideration given to matters of public safety and the
avoidance, as far as practicable, of existing habitable structures and private residential areas;
ix. Detailed cross section drawings for all public street right -of -way and easement
crossings;
x. The proposed method or methods to be used for the installation of the pipeline;
xi. Methods to be used to prevent both internal and external corrosion;
xii. A binder or certificates of all bonds and insurance; and
xiii. A proposed alignment strip map showing name and address of all affected property
owners.
C. Development Review Coininittee (DRC).
1. After the filing of an administratively complete application, the DRC shall review all
applications for pipelines located in a private residential area. For other pipeline locations, an
administrative conference may be conducted to seek resolution of any substantive, non -
resolvable technical issues. If deemed necessary by the City, a third -party technical advisor may
be employed. The costs associated with the technical advisor shall be borne by the pipeline
operator. Any recommendation by the DRC to the Department is final.
2. If the DRC determines that the City should obtain an independent study or analysis of an
application to construct a new pipeline, upon approval by the City Council, the City shall engage
duly qualified independent consultant(s) or contractor(s) to conduct such special studies or
analyses as required to fully evaluate and to act upon an application for a new pipeline. The
actual cost for said consultant or contractor, including the cost of any inspections deemed
necessary by the DRC or otherwise required, shall be paid by the pipeline operator.
D. Pipeline info ination reporting requireinents. If the pipeline operator has no reporting
responsibility to the RRC or the U.S. Department of Transportation and is otherwise exempt
from the safety regulations of either of such agencies, the following documents pertaining to the
preceding reporting period of June 1 through May 31 shall be furnished to the Department:
1. Copies of internal reports of responses to pipeline emergencies;
2. Current operations and maintenance logs; and
3. Current emergency response plan.
E. Abandoned pipelines.
1. All pipelines shall be maintained in an active condition unless abandoned according to
applicable state and federal regulations. The pipeline operator shall notify the Department within
thirty (30) days of abandonment of any pipeline.
2. Reactivation of abandoned pipelines shall require notification to the Department pursuant
to the standards and requirements specified in section 35.22.A.3. Reactivation shall require
pressure testing for integrity and compliance with RRC and /or United States Department of
Transportation regulations.
F. Einergency response plans and einergency incident reporting.
1. Each pipeline operator shall maintain written procedures to minimize the hazards
resulting from an emergency. These procedures shall at a minimum provide for the following:
a. Prompt and effective response to emergencies, including but not limited to the
following:
i. Leaks or releases that can impact public health safety or welfare;
ii. Fire or explosions at or in the vicinity of a pipeline or pipeline easement; and
iii. Natural disaster;
iv. Effective means to notify and communicate required and pertinent information to
local fire, police and public officials during an emergency;
v. The availability of personnel, equipment, tools and materials as necessary at the scene
of an emergency;
vi. Measures to be taken to reduce public exposure to injury and probability of
accidental death or dismemberment;
vii. Emergency shut down and pressure reduction of a pipeline;
viii. The safe restoration of service following an emergency or incident; and
ix. A follow -up incident investigation to determine the cause of the incident and require
the implementation of corrective measures.
2. Upon discovery of a pipeline emergency or incident, any affected pipeline operator shall
as soon as practical communicate to the City's 911 system the following information:
a. A general description of the emergency or incident;
b. The location of the emergency or incident;
c. The name and telephone number of the person reporting the emergency or incident;
d. The name of the pipeline operator;
e. Whether or not any hazardous material is involved and identification of the hazardous
material so involved; and
f Any other information as requested by the emergency dispatcher or other such official
at the time of reporting the emergency or incident.
G. Pipeline repairs and maintenance.
1. All repairs and maintenance of pipelines are to be performed in accordance with U.S.
Department of Transportation and RRC mechanical integrity requirements.
2. If non - emergency repairs necessitate excavation of a pipeline, the pipeline operator shall
send notification to occupants of business establishments and residential dwellings located
adjacent to the pipeline to be excavated at least five (5) days prior to commencing such repairs.
3. If above - ground non - emergency repairs that are not routine maintenance are required, the
pipeline operator shall send notification to occupants of businesses and residential dwellings
located within five hundred (500) feet from the centerline of the pipeline section to be repaired at
least five (5) days prior to commencing such repairs.
4. The notice required in subsections (2) and (3) of this section shall be sent by U.S. regular
mail, postage prepaid mailed at least five (5) days prior to commencing any non - emergency
repair; provided, however, that the pipeline operator may use hand delivery notice as an
alternative, at the pipeline operator's discretion.
5. Inspection of the interior of all regulated pipelines shall comply with United States
Department of Transportation and RRC rules.
H. Protection and painting of structures. A pipeline operator shall keep protected and painted
all pipeline risers and all appurtenances related to pipeline construction and operations which are
composed of materials which are generally protected or painted. Such operator shall repaint all
such items at sufficiently frequent intervals to maintain same in good condition. It shall be a
violation of this article for any pipeline operator to permit any pipeline riser and /or
appurtenances related to pipeline construction and operations to be in a state of disrepair or to
have chipped, peeling or unpainted portions.
L No implied grant of use of public rights -of -way, utility easements or other City- owned
property. Nothing in this subsection grants permission for the use of any street, public rights -of-
way, utility easements, or City -owned property. In the event a pipeline operator wishes to
undertake any pipeline construction on, over, under, along, or across any public rights -of -way,
utility easements or other City -owned property, the pipeline operator shall apply for and execute
a written agreement with the City governing the terms and conditions for such use; obtain all
required permits and comply with any other applicable provisions of the DDC.
J. Expiration of pipeline peg init. If construction of a pipeline has not commenced within one
(1) year of the date of issuance of the pipeline permit, or if the pipeline has not been completed
and the surface restored within two (2) years, the pipeline permit shall expire; provided,
however, that the Director may grant an extension of time not to exceed an additional one (1)
year if the D determines that weather or other unexpected physical conditions justify such an
extension.
K. No assumption of responsibility by City. Nothing in this subsection shall be construed as an
assumption by the City of any responsibility of a pipeline operator of a pipeline not owned by the
City.
L. It is the joint and several responsibility of the owner and the pipeline operator of any and
all pipeline to maintain the markers in accordance with this article. The location of all new or
replacement pipe and pipelines shall be marked by the owner(s) thereof or by the person
installing or operating such pipelines as follows:
1. Marker signs shall be placed at all locations where pipe or pipelines cross property
boundary lines and at each side of a public street or road right -of -way which the pipe or pipeline
crosses;
2. The top of all marker signs shall be a minimum of four (4) feet above ground level, and
the support post must be sufficient to support the marker sign and shall be painted yellow or such
other color as may be approved by the director of transportation and public works or his
designee;
3. All marker signs shall be a minimum of twelve (12) inches square and shall be marked as
"gas pipe line;"
4. All marker signs shall contain the name of the owner and operator of the pipeline and a
twenty- four -hour local contact number;
5. Pipelines shall be marked along their entire length with a buried metal wire and metallic
flag tape;
6. All signs shall also contain an 811 designation "Call Before You Dig" statement; and
7. The pipeline operator shall annually replace signage that has been lost, damaged or
removed.
M. Annually, all pipeline operators will provide affected landowners, public official and
emergency providers with appropriate public awareness information as outlined in API 1162.
o:A2014 gas well ordinance ainendinents \ainendinent to ordinance 2013 -248 to add penalty and interest to gas well fees -clean 12- 8- 14.docx
Exhibit 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
2013 -248 RELATING TO PLANNING AND DEVELOPMENT FEES AS IT CONCERNS
GAS WELL DRILLING AND PRODUCTION IN THE CITY OF DENTON AND ITS
EXTRATERRITORIAL JURISDICTION, AND ROAD DAMAGE REMEDIATION FEE
CALCULATIONS DUE TO DAMAGE TO CITY OF DENTON ROADWAYS FROM GAS
WELL DRILLING AND PRODUCTION ACTIVITIES IN THE CITY; ADDING
PRODUCTION MONITORING FEES; AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2013 -248, the City Council of the City of
Denton, Texas established certain fees related to gas well drilling and production in the City of
Denton and the extra - territorial jurisdiction of the City, and also established a formula for the
calculation of road damage remediation fees in the interest of recovering costs associated with
damage to city roadways from gas well drilling and production activities; and
WHEREAS, the City Council deems it in the public interest to authorize the assessment
of penalties and interest in the event the fees authorized in Ordinance No. 2013 -248 and the
Denton Development Code, Subchapter 22 are not timely remitted to the City; and
WHEREAS, the City Council further deems it in the public interest to assess production
monitoring fees incurred by the City in retaining any third party consultant to monitor the
function of all equipment that may lead to fugitive emissions; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SECTION 2. The fifth preamble paragraph in Ordinance No. 2013 -248 is amended to
strike the words "enter into a Road Damage Remediation Agreement" and substitute therefor the
words "pay Road Damage Remediation Fees."
SECTION 3. The seventh preamble paragraph in Ordinance No. 2013 -248 is amended
to strike the words "Road Damage Remediation Agreement" and substitute therefor the words
"Road Damage Remediation Fees."
SECTION 4. Ordinance No. 2013 -248 is amended to add a new Section 4 as follows:
"Production monitoring fees incurred by the City in retaining any third
party consultant to monitor the function of all equipment that may lead to
fugitive emissions is hereby adopted. Calculations for such fees are set
forth in Exhibit `B."
SECTION 5. Ordinance No. 2013 -248 is hereby amended to add a new Section 5 as
follows:
"Development fees are due and owing at the time of application and delinquent if not
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paid at that time. Inspection fees and production monitoring fees are due and owing on
or before the 3oth day following any inspection, are delinquent thereafter, and will be
billed to the operator of record. Road Remediation Fees are due and owing at the time the
operator of record notices the City of intent to perform any activities specified in
Subchapter 22 of the Denton Development Code; or, in the event of failure to notice the
City of activities specified in Subchapter 22 of the Denton Development Code, at the
time the operator embarks upon such specified activities, and are delinquent thereafter.
To cover a portion of the administrative costs of collecting past due balances, a late
payment charge of $20.00 shall be assessed on the fifth business day following the due
date. Furthermore, interest shall be assessed on any past due account balance (excluding
late payment charges) that remains unpaid at the time of each monthly billing calculation.
The interest provided for and assessed shall be due and payable on the due date of the
month's billing statement. The interest charge shall be 1% per month on all past due
charges and account balances unpaid at the time of the succeeding month's billing
calculations; however, the interest charge provided for herein shall not exceed the legal
rate of interest, and the City intends only to assess, charge and collect such interest rate
that does not exceed the highest lawful rate."
SECTION 6. Sections 4 and 5 of Ordinance 2013 -248 are respectively renumbered to
Section 5 and Section 6.
SECTION 7. This ordinance shall become effective immediately.
PASSED AND APPROVED this, the day of 12014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CHRIS WATTS, MAYOR
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EXHIBIT `B"
PRODUCTION MONITORING FEES
Production Monitoring Fees shall be assessed under the following criteria:
Priority
High
Moderate
Frequency of Pad Site Inspections
Location of Pad Site-
250 feet or less from Protected Uses
more than 250 feet, less than 1200 feet
Low Priority more than 1200 feet
Quarterly
Bi- Annually
Annually
0 Separation distances shall be measured from the boundary of the Drilling and
Production Site identified on the: (1) Gas Well Development Plat or Site Plan or
(2) Final Gas Well Site Plan; in a straight line, without regard to intervening
structures or objects, to:
i. the closest exterior point of any structure occupied by a Protected
Use;
ii. any lot line of an undeveloped lot(s) in a City- approved platted
residential subdivision;
iii. any lot line in a residential subdivision plat that proposes to
encroach upon an existing Drilling and Production Site; or
iv. a freshwater well currently in use at the time a complete application
for a gas well development [preliminary ?] site plan is filed.
Assessment of fees per Pad Site
1 Well on Pad Site
2 -3 Wells on Pad Site
4 -6 Wells on Pad Site
7 -9 Wells on Pad Site
10 -12 Wells on Pad Site
$1350 per Pad Site
$2200 per Pad Site
$3000 per Pad Site
$4500 per Pad Site
$6000 per Pad Site
Compressor /Processing Pad Site $7500 per Pad Site
Reinspection
Page 3
$1350 per Well
Exhibit 8
Questions & Answers
From Joint Planning and Zoning and City Council Meeting of
December 16, 2014
Regarding Gas Well Ordinance Amendments
Posted to the City Website
What exceptions apply to consolidation permit requirements and how many
applications are currently pending?
Answer: The purpose of the proposed draft amendments is to require nearly
all applications for new gas wells to conform to consolidation site standards.
Exceptions to consolidation permit review are listed in Chapter 22, section
35.22.4.B.2. The principal exceptions are for gas well permits that were issued
prior to the city's moratorium ordinance and remain in effect, and gas well permit
applications that were pending prior to the enactment of the moratorium.
What is the timeline to obtain a gas well permit?
Answer: Since most gas well permits are requested on existing sites, the
average timeline to obtain a gas well permit will likely be approximately 90 days.
The estimate presented during the joint public hearing indicated approximately
145 days for a legislative review and approximately 120 days for an
administrative review. These estimates, however, could be shortened if the
applicant's response to staff review comments does not utilize the entire time
allocation to as little as 80 -105 days, depending on the type of review needed.
Do consolidation permit requirements apply in the extraterritorial jurisdiction
(ETJ)?
Answer: They apply indirectly, for gas well leases that straddle the city
boundaries only. Because consolidation permit review applies to all land subject
to contiguous mineral leases, gas well drilling and production sites in the ETJ may
be considered for a consolidated site at the request of the applicant. If existing
sites within city limits are constrained by protected uses, it may be to the benefit
of all parties to locate a consolidated site in the adjacent ETJ. If so, the City and
the operator could enter a development agreement outlining the respective
obligations of the operator and the City.
Describe the status of the U.S. Environmental Protection Agency (EPA) regulations
for flaring, flowback, and green completions and identify whether the January 1,
2015 deadline is holding.
Answer: The EPA New Performance Standards for Crude Oil and Natural
Gas Production, Transmission and Distribution became effective on January 1,
2015. Further, on December 19, 2014, the EPA clarified and finalized some
updates to its 2012 New Source Performance Standards for the oil and natural gas
industry. The amendments respond to requests for clarification and issues raised
in administration petitions for reconsideration but did not change the emission
reduction green completions in the 2012 rules.
The 12 -19 -14 updates:
➢ Provided additional detail on requirements of handling of gas and
liquids during well completion operations;
➢ Clarified requirements for storage tanks;
➢ Defined low - pressure wells;
➢ Clarified certain requirements for leak detection at natural gas
processing plants;
➢ Updated requirements for reciprocating compressors; and
➢ Updated the definition of "responsible official."
The EPA identified two distinct stages of a well completion operation known as
"flowback," with specific requirements for handling gas and liquids during each
stage, including clarifying when green completion equipment must be used.
The initial flowback stage extends from the beginning of flowback and ends when
it is technically feasible for "green completion" equipment to function. The next
stage is separation flowback and in this stage, special equipment separates gas,
liquid hydrocarbons, and water that come from the well.
Wells subject to green completion requirements must begin using green
completions no later than Jan. 1, 2015. Wells not subject to these requirements,
such as exploratory wells, must flare the gas during separation.
Are open pits prohibited?
Answer: The city did enact provisions in Ordinance 2013 -014, dated
January 15, 2013, prohibiting open pits and requiring closed -loop mud systems.
No new open pits have been installed since this date.
Can the City prohibit compressor stations?
Answer: No, cities cannot prohibit compressor stations. Compressor
stations are facilities located along the U.S. interstate natural gas pipeline
network. They compress natural gas to a specified pressure, thereby allowing it to
continue traveling along the pipeline network to the intended recipient. The entity
that builds the compressor station is considered a "utility provider" with
condemnation powers under the Texas Utilities Code. Compressor stations are
built in accordance with the safety standards as they appear in the U.S. Pipeline
Safety Act. They are generally regulated by the state and federal government, not
by municipalities. The City may enact regulations that address aesthetics and
other land use issues without violating federal or state law. However, the City
may not "zone out" a utility provider from locating a compressor station in the
city. The City does regulate setbacks for compressor stations from protected uses.
Can the City conduct air and water quality monitoring?
Answer: Cities may conduct, and pay for, air and water monitoring.
Are the production monitoring inspections surprise inspections or not? If not, can
we require that the inspections be surprise inspections? Restaurants and daycare
and other businesses have surprise inspections. Why should Gas Well Production
Sites be different?
Answer: Some businesses are generally open to the public, and members of
the public entering on these premises are deemed "invitees." Since these
businesses are open to the public at large, so too can inspectors enter on the
premises for purposes of conducting inspections. This is not true with Gas Well
Production Sites. Members of the public are considered "trespassers" and are not
allowed upon these premises. These sites are fenced and usually locked to deny
admittance to the site, for reasons of safety and because the general public is not
being provided an opportunity to purchase goods or obtain services. While the
proposed ordinance revisions at Section 35.22.11 assert that any third party
performing Gas Well Production monitoring shall have the same right of entry
upon the site as the Gas Well Inspector, nothing in the city's ordinance changes
the requirement that a city must gain proper authority to enter a premise to which
it is denied access, including by presentation of a locked site. Gaining access
under these circumstances requires consent of the owner or an administrative
warrant issued by a judge.
What remedies are available in the event an operator is found to have
malfunctioning equipment during the course of production monitoring?
Answer: Section 35.22.11 addresses remedies in the event an operator is
found to have fugitive emissions from equipment at a drill site. The primary
objective is to require correction of any malfunctioning equipment which is
causing the emissions. The City shall notify the operator in writing, as well as
state and federal regulatory agencies having jurisdiction to regulate these issues.
In the event a state or federal agency issues 2 or more notices of violation per well
or drilling and production site during any 12 -month period, within 30 days of the
second notice, the operator shall submit to the City a Leak Detection and
Compliance Plan with elements as described in the proposed ordinance, including
installation or repair of equipment, the submission of a response plan, and the
provision of quarterly reports including the evaluation of potential impacts to air,
soil, surface water and groundwater.
What efforts are underway to promote public education of gas well activities in
Denton?
Answer: Recent modifications to the Gas Well Inspections Division's
website ( www. cityofdenton .com/gaswellinspections) provide a useful tool to
educate the general public about gas well activity. The site contains a user -
friendly Main Page with simple icons for ease of use and contact information for
both division staff members and a 24 -hour hotline (940- 349- 8GAS). A press
release highlighting the changes was recently forwarded to various media outlets
for publication to assist spreading the word. A one -page fact sheet flyer will
summarize the City's gas well program, contacts at the local universities will be
used to assist with public outreach, and the City will apply for an Excellence
Award from the Texas Municipal League. In addition, home owner associations
will be contacted with the intent of spreading notices to help inform citizens about
the various methods to obtain gas well activity information.
What are the current notification requirements for a well blowout?
Answer: The Fire Code requires the fire code official be notified of any
unauthorized discharges of hazardous materials under Section 2703.3.1.
Additionally, the emergency response plan has a section that specifically
addresses emergency notification of public safety personnel during any type of
incident. This document is required for any hazardous materials operations and
must be submitted to obtain a drilling permit. Emergency notification is made
through 911 though it is conceivable notification would be made telephonically
with the Fire Marshal.
What notification and disclosure requirements are in the draft Gas Well Ordinance
amendments that will alert homebuyers that there are gas wells nearby?
Answer: A new subsection "E." is proposed to be added to Subsection
35.16.7 that provides the following notification and disclosure requirements:
E. Gas Well Notification Disclosure. A Plat that proposes single -or
multi - family residential lots that will be within 1,200 feet of one or more
gas well pad sites, except for those gas well pad sites and their subsurface
mineral interests which are eliminated through plugging and
abandonment, the Developer shall be required to provide all of the
following disclosure notifications to all lot purchasers:
A note shall be placed on the Plat identifying the gas well pad
site(s) and those proposed lots that are within 1,200 feet of the
gas well pad site(s). Said note shall also include a statement that
advises lot purchasers of the existence of producing wells on the
gas well pad site(s), the possibility of new wells that may be
drilled and fracture stimulated on the gas well pad site(s), as well
as the possibility that gas wells on the gas well pad site(s) may
be re- drilled and /or re- fracture stimulated in the future.
2. There shall be depicted on the Plat, or in a separate map, the
location of the gas well pad site(s) in relation to the lots that are
within 1,200 feet of a gas well pad site(s).
3. A provision shall be included in the Declaration of Restrictive
Covenants that advises lot purchasers of the existence of
producing wells on the gas well pad site(s), the possibility that
new wells may be drilled and fracture stimulated on the gas well
pad site(s), as well as the possibility that gas wells on the gas
well pad site(s) may be re- drilled and /or re- fracture stimulated in
the future.
4. A Notice document that advises lot purchasers of the existence
of producing wells on the gas well pad site(s), the possibility that
new wells may be drilled and fracture stimulated on the gas well
pad site(s), as well as the possibility that gas wells on the gas
well pad site(s) may be re- drilled and /or re- fracture stimulated in
the future, shall be recorded with the Denton County Clerk's
Office.
The form of the disclosure notifications required in subsections E.3. and
E.4. shall be approved by the City Attorney.
Finally, in Section 35.22.8.C.3, the size of the sign that is to be displayed
at each Drilling and Production Site has increased so as to provide better
visibility. In addition, the sign will now need to include language that the
Site may be subject to future drilling and production activity.
What standards are in place for reverse set - backs, where an application is made for a
residential subdivision or other surface development before any existing gas well drilling
and production site has been designated as a consolidated site?
Answer: There are no provisions in the draft gas well amendments that
address this circumstance. This means that a surface developer could locate the
development 300 feet from an existing gas well site, which then could not be
designated as a consolidated site thereafter. This should encourage gas well
operators to apply for consolidated sites at the earliest opportunity following
enactment of the consolidated site regulations.
Why not amend the consolidation permit section to provide that appeals from the
gas well administrator go directly to the City Council, not the Board of Adjustment?
What procedures and standards govern Board decisions?
Answer: Chapter 22 permits are deemed to be part of the City's zoning
regulations. Under Tex. Loc. Gov't Code, chapter 211, an appeal from an
administrative decision by statute must be made to the Board of Adjustment.
The Board is a quasi-judicial body, which means that it is vested with greater
discretion to make decisions involving matters delegated to it by statute or by City
ordinance. Nevertheless, the Board must make its decision on any matter within
its jurisdiction under standards prescribed by ordinance. Appeals from gas well
administrative decisions, variance requests and special exceptions, are governed
first by standards generally applicable to any zoning issue, and further by special
standards applicable solely to gas wells. These are found in Chapter 22, Section
14.A of the draft gas well amendments. Decisions of the Board must be made
after a public hearing has been held. Six of the seven regular Board members
(three - quarters majority) must agree to approve matters within the Board's
jurisdiction.
What are the remedies available to the City under the Initiative Ordinance banning
hydraulic fracturing?
Answer: We note that some misinformation has been circulated as to
enforcement of the initiative ordinance and there have been suggestions that the
City should arrest anyone violating the ordinance. The penalty provision of this
ordinance is written, like all City ordinances, as a Class C misdemeanor. Class C
misdemeanors are fine only offenses; therefore, neither arrest nor jail time are
typically appropriate in the case of a Class C misdemeanor. Additionally,
injunctive relief is available and may be appropriate.
Should we increase the frequency of the Production Monitoring inspections such
that all wells are inspected quarterly?
Answer: Staff has proposed that the frequency of Production Monitoring
inspections be based on the proximity to "protected" uses. Sites in closest
proximity to "protected" uses would have more frequent inspections and sites
more distant from "protected" uses would have fewer inspections. Staff is of the
opinion that this policy encourages operators to locate sites at a greater distance
from "protected" uses and that this is the desired result of the community. Staff
also believes the proposed inspection schedule addresses the heightened concerns
of citizens located in close proximity to gas well sites that equipment shall be
required to be in good operating order. The proposed inspection schedule is set
forth in an Exhibit to the Amendments to the Gas Well Fee Ordinance.
What notification requirements are provided to the public regarding Zoning Board
of Adjustment (BOA) meetings?
Answer: The BOA meetings are advertised as required by State law and the
DDC. The meetings are published in the Denton Record Chronicle. In addition,
a notice of each zoning item is provided to every surrounding property owner
within 200 feet of the property at issue. Further, although not required, the City
sends a courtesy notice to surrounding property owners within 500 feet of the
property at issue. Finally, a notice of the BOA's meeting agenda is posted on the
bulletin board located at City Hall and posted on the City's internet website.
How are surface owners of land subject to a mineral lease notified of an application
for a consolidation permit for a new well on an existing drilling and production site?
Answer: Currently, Section 4 does not provide for special notice to surface
owners. However, the requirements for an application for a Combining District
require the operator to show proof of notice to all surface owners of the land
subject to the mineral lease. In light of the discussion on this topic, City Staff will
amend the consolidation permit application requirements to provide the same
notice to surface owners for consideration by the City Council. Consent of the
surface owner is not required. As with other administrative permits in the zoning
arena, no public hearing is required.
Will Gas Well Operators be notified as to the filing of new residential surface plats that
encroach within 1,200 feet of the boundary of the Drilling and Production Site?
Answer: There is not a notification requirement in the initial draft of the Gas
Well Ordinance Amendments. However, Staff will prepare a provision to that
effect for Council's consideration.
Are the reverse setbacks sufficient to mitigate the impacts on gas well drilling and
production? Are the reverse setbacks too great such that there is a deleterious effect
on surface development?
Answer: The proposed reverse setbacks are 300' for a regular drill site, and
600' for a consolidated site. The propriety of the setbacks is ultimately a policy
decision of the City Council. Staff has attempted to strike a reasonable balance
between the impacts of the drilling operations and the opportunities of the surface
owner to develop the property. It is noted that development not included as a
"protected" use would not be bound by the "reverse" setbacks, but could encroach
upon the drilling and production site to within the distance limitations of the Fire
Code.
I'd like to explore why a well is allowed in a flood fringe, but not a flood plain. Are
there inherent risks associated with wells in flood plains? If so, why would we allow
a well in a flood fringe, which I assume is also classified as an ESA (am I correct
about that)?
Answer: There might be some confusion about the differences between
floodway, flood fringe, and floodplain that requires clarification before further
discussing the merits of allowing drilling in the flood fringe. Below are included
the definitions as listed in the Denton Development Code.
Floodway. Area regulated by federal, state, or local requirements to provide for
discharge for the base flow, so that the cumulative increase in water surface
elevation is no more than a designated amount within the one hundred (100) year
floodplain. A river, channel or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height. Noy, inally,
the floodway will include the stream channel and that portion of the adjacent land
areas required to pass the base flood (100 year flood) discharge without
cumulatively increasing the water surface elevation at any point more than one -
foot above that of the pre floodway condition, including those designated on the
flood insurance rate map.
Flood Fringe. The area located within the floodplain and outside the floodway.
Floodplain. An area identified by the Federal Emergency Management Agency as
possibly being flood prone, or below the immediate flood line (one hundred (100)
year floodplain).
In other words, FEMA 100 -year floodplain is the land in the floodplain subject to
a one - percent or greater chance of flooding in any given year. The floodplain is
composed of the floodway and the flood fringe. The floodway is the stream
channel and that portion of the adjacent floodplain that must remain open to
permit passage of the base flood (a.k.a. 100 -yr flood). Floodwaters generally are
deepest and swiftest in the floodway, and anything in this area is in the greatest
danger during a flood. The remainder of the floodplain is called the flood fringe,
where water may be shallower and slower. Consequently, most communities
permit development in the flood fringe if the development is elevated or otherwise
protected to the base flood level.
Flood
Level
4 Flood Hazard Area
0 00 -Year Floadplaiia)
------- - - - - -- ------- - - - -- Floadwa -
Frin ge Fringe
Stream
Clronnel
y Normal Water
Level
Cross - section showing the Floodway and Flood Fringe
Unregulated drilling in floodplains poses numerous potential risks such as tanks
floating away during flooding events if not properly anchored, contaminants
reaching waterways during spills and floods, the removal of vegetative ground
cover for the construction of pad sites increasing the chances of sediments and
pollutants reaching the waterways without any attenuation, and the elimination of
important habitats. However, drilling in the flood fringes, where floodwaters are
typically shallower and slower, presents a substantially reduced risk, particularly
when appropriate conditions are imposed which reduce these risks.
Since 2013, Denton only allows gas well drilling in the flood fringe with the
approval of a specific use permit (SUP). Drilling in the floodway is not allowed.
In contrast, previous to 2013, drilling in the flood fringe was allowed by right and
only drilling in the floodway required a SUP. Additional conditions can be
included as part of the approval of SUPS with the intent of further reducing the
risks or mitigating for the removal of vegetation or habitat losses when drilling in
the flood fringe.
In addition to requiring SUPS, the DDC prohibits the placement of storage tanks
and separation facilities in the flood fringe. The number of wells in the flood
fringe is limited to one well head, and is subject to the approval of a hydrologic
and hydraulic engineering study demonstrating no adverse impact on the carrying
capacity of the adjacent waterway or increasing the water surface elevation of the
floodplain. However, an exception to the SUP requirement is granted when gas
wells are drilled directionally (meaning the pad site is outside the floodplain) and
have a target location or bottom -hole location that is under the floodway.
By definition FEMA 100 -yr floodplains are considered a type of environmentally
sensitive areas (ESAs) granting floodplains additional protection. Drilling in
ESAs requires a watershed protection permit (WPP) that includes a field
assessment of the protected areas and, if necessary, the imposition of additional
conditions. Subchapter 22 also establishes the chronological order of approval for
gas well sites encroaching into ESAs. Drilling in the flood fringe requires the
approval of an SUP, WPP, and gas well site plan before a drilling permit can be
issued.
The current requirements provide a series of checks and balances through the staff
review process and City Council action before drilling in the flood fringe can take
place. The requirement of placing storage tanks and separation facilities outside
floodplains and limiting the number of wells in the flood fringe, in conjunction
with SUPS and WPPs, provides opportunities for reducing risks and requiring
mitigating measures.
What standards exist to address the adequacy of roadways used to access drilling
and production sites?
Answer: The transportation route for every Drilling and Production Site is
reviewed to calculate the road damage remediation fee that an operator must pay
for various activities performed for each well. The roadway condition or
adequacy, construction type, and segment length in lane miles are all included in
the calculation. The City conducted an extensive engineering study to determine
these road impacts. The assessments in the City's Fee Ordinance are based on
this study.
Does the RRC or TCEQ have cooperative programs or other opportunities to
deputize City staff?
Answer: The City's stormwater program is not characterized as
"cooperative" as asked in the question because it is considered a regulatory
program that requires certain actions on the City's part as required by the NPDES
component of the Clean Water Act. The City, however, is responsible for
inspecting construction sites as a part of the City's stormwater permit, even
though these construction sites are permitted through the TCEQ. The City is also
taking on a greater inspection role with the Multi - Sector general permit holders in
the City (who are also permitted through the TCEQ) as a part of our new City of
Denton stormwater permit requirements.
In pretreatment, we issue local permits for industrial dischargers into our system,
and have associated compliance responsibilities. We also have local permitting
and inspection responsibilities for on -site sanitary sewage facilities. These
responsibilities, however, represent a situation where the City has existing City of
Denton permits that require us to perform these duties as a condition of those
COD permits. As a result, the responsibilities have been codified in the code of
ordinances and the development code to provide the necessary local authority.
The Texas Clean Air Act provides some opportunities for the TCEQ to "deputize"
city staff. Regarding "cooperative agreements" between the TCEQ and a
municipality, note that the Texas Health and Safety Code provides that a city may
be able to contract with the TCEQ for the following specific purposes:
(1) to provide for the performance of air quality management, inspection,
and enforcement functions and to provide technical aid and educational
services to a party to the agreement; and
(2) for the transfer of money or property from a party to the agreement to
another party to the agreement for the purpose of air quality management,
inspection, enforcement, technical aid, and education.
City Staff is exploring with TCEQ whether this program is feasible for Denton.
Describe the City's current water quality monitoring program.
Answer: The Watershed Protection Division Water Monitoring Network consists
of sites through the City of Denton and surrounding watersheds. Most of the sites
are located within the City of Denton but the divisions monitors several sites
upstream and downstream of the City limits to be more protective of our vital
water resources. Our monitoring program is required as part of the City's
stormwater permit under the Clean Water Act (MS4 Permit — Municipal Separate
Storm Sewer System) for illicit discharge detection and elimination. Denton
began monitoring several years before our permit became live because of EPA
grants we received. This has allowed us to look at some of the long -term trends
more closely and determine when we have a problem or impact somewhere.
The objective of the Watershed Monitoring Network is to broadly characterize
Denton's aquatic resources with a known statistical confidence.
(1) Program in place since 2001. Began with 70 sites located around Denton's four
primary watersheds (Cooper, Pecan, Clear, Hickory)
(2) Now have approximately 85 sites and have added Denton Creek watershed
(3) Sites monitored monthly for water quality parameters (pesticides during growing
season).
(4) Continuous monitoring sites at end of each watershed
(5) Ability to respond to illicit discharges as needed
Over 1000 sites have been visited in 2014. Water samples (including quality
assurance samples) are collected as frequently as every 30 minutes at continuous
monitoring stations. Most samples are taken monthly.
Are the proposed disclosure provisions of the draft ordinance sufficient notice of gas
well activities? How can we get notification and disclosures of gas well activities to
renters as opposed to homeowners? What were the notice provisions the City
Council previously imposed in 2 zone cases, one in 2013 and one in 2014?
Answer: The proposed ordinance revisions require that Surface Plats for
single or multi - family residential developments within 1200 feet of gas well pad
sites shall note the location of the Pad Site, the existence of well(s), the possibility
of new wells, the possibility of more drilling and fracturing, and the possibility of
re- working wells. Further, a Declaration of Restrictive Covenants shall advise
purchasers of the existence of well(s), the possibility of new wells, the possibility
of more drilling and fracturing, and the possibility of re- working. Finally, a
Notice document shall be recorded in County Clerk's Office as to existence of
well(s), the possibility of new wells; the possibility of more drilling and
fracturing, and the possibility of re- working.
As to renters, we note some states have provisions in law requiring notice to
tenants regarding any number of events, including gas well activities. These
provisions are generally written as a "Bill of Rights for Tenants." Such laws
typically require landlords to give notice to tenants prior to the execution of leases
as to drilling activities in the vicinity, sometimes also requiring notice of drilling
activities such as re- working during the term of the lease. The requirements
operate by imposing these notice duties upon landlords, who in turn, must insure
all required notices are provided to prospective and current tenants. Whether this
is feasible in Denton where there are a large number of rental units is an open
question. City Staff notes that rental contracts are of a definite term and do not
carry the same investment burden and opportunity as home ownership. In
addition, there is a high turnover in rental occupancy such that any tenant
information will be quickly outdated. Another method of notice to renters would
be the City's website, along with public education regarding the interactive
mapping system which provides locations of all well sites in the City.
The notice provisions enacted by the City Council in two separate zone cases in
previous years are similar to the ones proposed in the draft ordinance, and city
staff used the notice provisions in those two prior zone cases as a pattern in
crafting the draft ordinance revisions.
Can the City require realtors to disclose the location of gas well production sites?
Answer: The City's authority generally does not reach into this occupation.
However, the City has explored some possibilities with the Texas Association of
Realtors in Austin with the assistance of the Texas Municipal League.
Preliminarily, it appears that the Association may be willing to support some
disclosure language in standard real estate contracts.
When does an existing drilling and production site become a consolidated site and
what exceptions apply to consolidation permit requirements?
Answer: Following approval of either a Gas Well Combining District by the
City Council or approval of a consolidation permit by the Oil and Gas Well
Inspector, a site becomes a consolidated site. In the case of a consolidation
permit, the approval is not complete until the operator submits and records a
development plat restricting the remainder of the mineral leasehold from future
gas well development.
The 2013 gas well amendments provided a number of exceptions, the proposed
draft amendments are written to require nearly all applications for new gas wells
to conform to consolidation site standards. Exceptions to consolidation permit
review are listed in Chapter 22, section 35.22.4.B.2. The principal exceptions are
for gas well permits that were issued prior to the city's moratorium ordinance and
remain in effect, and gas well permit applications that were pending prior to the
enactment of the moratorium.
Further explain the activities covered by the gas well permit and the completion
permit.
Answer: The gas well permit is a two -stage written authorization granted by
the City of Denton that authorizes drilling, completion and production activities,
issued pursuant to rules and regulations of the Denton Development Code. A gas
well permit is required for each separate well and for each re -drill of any gas well.
The completion permit authorizes completion activities and subsequent
production activities either after initial drilling, as the second stage of the gas well
permit, or prior to any new completion activities performed to an existing well.
What are the procedures for deciding requests by an operator to lessen the
requirements for consolidated drilling and production sites due to geological or
contractual constraints?
Answer: The draft gas well amendments recognize that there are
circumstances in which consolidated site standards cannot be fully achieved
because of geological conditions or contractual obligations which prevent an
operator who holds mineral leases for contiguous land from being able to combine
the acreage for purposes of determining the location of a consolidated site. In the
case of a consolidation permit application, an operator must apply for a special
exception to the Board of Adjustment in order to reduce the acreage under
consideration for a consolidated site. The Board will decide the request pursuant
to the standards for the special exception in Section 35.22.14.B. If the Board
decides that special circumstances require reduction of the area to be considered
for the consolidated site, its determination will become the basis for the Oil and
Gas Inspector's administrative review. Because this decision could also result in
consideration of existing drilling and production sites that are closer to protected
uses than the Oil and Gas Inspector has discretion to designate as a consolidated
site, an operator may also apply to the Board for a variance to the well set -back
standards. The Board, however, may not grant an exception to a setback less
than five hundred feet. An operator that applies for a Combining District to
establish a new drilling and production site may present geological or contractual
impediments to the area under consideration for the District to the City Council as
part of the zoning amendment process.
Can the City re- insert the recitations concerning air and water pollution into the
recital clauses of the revised ordinance?
Answer: City Staff crafted the ordinance to avoid encroachment on state and
federal law. Further, those specific recitals are not necessary to support any
regulations contained in the draft ordinance.
How can the City insure objectivity in the selection of third party gas well
investigators?
Answer: Under the proposed third party inspector scenario, the City (not the
operator) would contract directly with a third party to conduct gas well
inspections. The third party gas well inspector would serve as an agent of the
City, be paid by the City and act at the City's direction. The operator would have
no contractual relationship with the third party gas well inspector and no ability to
direct how or when such inspections are conducted. The only connection that the
operator would have to the third party gas well inspector is that the cost of the
inspections would be passed through from the City to the operator. Additionally,
the contract between the City and the third party gas well inspector would be a
professional services contract. Such contracts are exempt from the bidding laws
and procurement provisions of state law, and would not be subject to those
provisions.
Exhibit 9
Questions & Answers
From Public and Planning & Zoning Commission
January 28, 2015
Regarding Gas Well Ordinance Amendments
Posted to the City Website
A. Public's list of items for inclusion in the Gas Well Ordinance
1. Can we prohibit compressor stations?
Answer: See Q &A, Question No. 6, from December 16, 2014 P &Z & City Council Joint Public
Hearing.
2. Can we prohibit all pits?
Answer: See Q &A, Question No. 5, from December 16, 2014 P &Z and City Council Joint
Public Hearing.
3. Can we mandate vapor recovery systems?
Answer: See Q &A, Question No. 4, from December 16, 2014 P &Z and City Council Joint
Public Hearing.
4. Can we prohibit flaring?
Answer: See Q &A, Question No. 4, from December 16, 2014 P &Z and City Council Joint
Public Hearing.
5. Can we prohibit venting?
Answer: See Q &A, Question No. 4, from December 16, 2014 P &Z and City Council Joint
Public Hearing.
6. Can we require operators to use all electric motors rather than diesel powered
motors in order to minimize noise to adjacent property owners?
Answer: It is not clear whether a regulation such as this is within the City's authority or the
state's authority. However, some cities have ventured into this arena to some extent. For
instance, the cities of Arlington and Mansfield have enacted provisions requiring the use of
electric motors.
The Arlington ordinance stipulates that "Electric or diesel - electric hybrid rigs must be utilized for
drilling a well located within four hundred fifty (450) feet of a Protected Use. The CD &P Director
may authorize the use of alternative rigs in specific cases if it is determined that the project is in
substantial compliance with this Chapter."
1
The City of Mansfield adopted a new ordinance in March 2014 that states "An Operator shall use
only electricity to power a drilling rig or permanent lift compressors." Mansfield's ordinance further
requires that "The electricity shall be provided by the electric delivery utility company utilizing a
ground- mounted transformer located on the Drill Site or Operator Site." Like Arlington, the City of
Mansfield also considers the site's distance from a Protected Use. In fact, per Mansfield's ordinance,
"The City may approve an alternative power source or equipment such as diesel generators if the
Drill Site or Operation Site is located more than one thousand (1,000) feet from a property with a
Protected Use, or if the electric delivery utility company reports that there is insufficient capacity to
serve a Drill Site or Operation Site." In addition, "An Operator may use temporary diesel generators
during a disruption of electric service until such service is restored, provided that the noise produced
by such equipment does not exceed the maximum limits established for the Drill Site or Operation
Site."
The language difference between the Arlington ordinance and the Mansfield ordinance may be slight,
but could carry a lot of significance. The reason for the significance is because most drill rigs today
operate as electric rigs. In the majority of instances, however, the electricity is produced on -site
through the use of diesel powered generators. These generators provide the electricity to power the
rig. As such, under typical current operations, most wells already utilize electric rigs for drilling,
regardless of distance to a Protected Use. The City of Mansfield requirements elaborated on similar
language from the Arlington ordinance to state how the electricity must be provided. Any
consideration for this same requirement in Denton should include language regarding the source of
the electricity used to power the rig or compressor. In addition, since utility installations should not
prematurely dictate development patterns, any stipulation to bring electric service to a Drilling and
Production Site should consider proximity to development or specifically Protected Uses.
7. What are the pros and cons to requiring operators to use pressurized tanks
during the hydraulic fracturing process?
Answer: With the caveat that hydraulic fracturing is prohibited with the City and the
amendments do not change this, City Staff points out that the hydraulic fracturing process
requires large volumes of water to complete the well. During this process, water is mixed with
sand and other additives before being injected downhole as one method to open the rock
formation in order to allow the flow of oil or gas.
The water used for this process is generally derived from one of three typical sources:
1) Potable water from a municipal or private supply hydrant;
2) Underground water well; or
3) Diverting allowable surface water resources from an existing reservoir.
The water withdrawal rate from a water hydrant or well is not rapid enough to directly supply
water used during hydraulic fracturing and surface water typically cannot be replenished fast
enough to solely rely on this source. To augment the rapid withdrawal rates, water is typically
stored in a holding vessel to provide a high enough volume for the hydraulic fracturing process.
PJ
Early wells typically utilized large acre fresh water make -up pits or " frack ponds" as the method
of storing water. Many of these pits are still utilized around Denton today. As a shift from off -
site, large -acre storage pits, operators began utilizing on -site storage systems in the form of frack
tanks or pool tanks.
The pros and cons of each option are weighed in the following table.
Storage System
Surface Track Pond"
Frack Tank
Frack Pool
Pros
• High volume
• On -time construction
• Ease of use for
multiple sites
• Not permanent
• On -site storage
• Leak resistant
• Easily portable
• Interconnected tanks
• Not permanent
• On -site storage
• Visible water level
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Cons
• Permanent
• Large off -site acreage
• Open water
• Water transported to
site via pipeline
• Increased truck traffic
• Tank pressurization
requires energy
(noise ?)
• Larger site area or
stored off -site
• Pump cavitation
potential
• Could spill
• Maximum site area
• Assembly time
8. Can we impose a 1500 foot setback for gas wells from all protected uses,
including reverse setbacks?
Answer: Staff does not recommend the imposition of a 1500 foot setback. While various cities
have established setbacks at differing distances, it is typically prudent to determine the distance
at which the impacts of gas wells fall off. This includes any impacts on property value or other
nuisance factors. Some cities have looked to empirical data in determining this distance.
Another consideration is the impact of setbacks on the future growth of the City. The larger the
setback, the more limited the growth potential and the less flexibility the City has in supporting
comprehensive, well planned development.
The propriety of the setbacks is ultimately a policy decision of the City Council. Staff has
attempted to strike a reasonable balance between the impacts of the drilling operations and the
opportunities of the surface owner to develop the property.
Please see also Q &A, Question 420, from 12/16/2014 P &Z & City Council Joint Public Hearing.
9. Can we establish an air monitoring program paid for by the gas well industry?
Answer: Please see response to Question B.3. in this Q &A document. Also, Please see also
Q &A, Question No. 7, from December 16, 2014 P &Z & City Council Joint Public Hearing.
10. Do property owners receive notice if an operator plans to drill, fracture
stimulate, or re -work a well?
Answer: The ordinance proposes to keep language requiring notifications to property owners
and residents. While the current ordinance requires notice prior to the SUP application, the
proposed ordinance will likely require the public meeting prior to filing the co- location
application. As written, if a proposed Drilling and Production Site is located within 1,200 feet of
a Protected Use, the Operator shall also host a public meeting at a location accessibly convenient
to surrounding property owners and residents at least 10 days, but no more than 45 days, prior to
either: (1) the public hearing held by the Planning and Zoning Commission in connection with an
Gas Well Combining District application, or (2) the submission of a Consolidated Site Permit if a
Gas Well Combining District is not required. The Operator must provide written notice of the
meeting to all property owners located within 1,200 feet of the proposed Drilling and Production
Site. The meeting should provide information regarding planned activities and timelines for the
site and must provide an opportunity for citizens to ask questions about the proposed site. All
notification and meeting costs shall be borne by the Operator.
These notification requirements are in addition to any state - mandated notice requirements for a
public hearing before the Planning and Zoning Commission or City Council. Per state law,
property owners within 200 feet of the zoning change must receive notice of the hearing. The
City of Denton requires courtesy notices to also be mailed to property owners within 500 feet of
the proposed zoning change. The public meeting conducted by the operator in accordance with
the gas well drilling and production ordinance is an additional requirement to ensure more people
are notified, not just those adjacent to the activity.
rd
It. Can we require 24/7 third party air monitoring paid for by the industry operator?
Answer: Please see Q &A, Question No. 7, from December 16, 2014 P &Z & City Council Joint
Public Hearing.
12. Can we require a 1500 foot setback, including reverse setback (homes should not be
allowed to be built closer than 1500 feet to wells whether or not someone is willing to
buy such a home? Typically such a buyer is uninformed about the process of
drilling /fracking and buys a home with the expectation that the city has sound
regulations on the books).
Answer: Staff does not recommend the imposition of a 1500 foot setback. While various cities
have established setbacks at differing distances, it is typically prudent to determine the distance
at which the impacts of gas wells fall off. This includes any impacts on property value or other
nuisance factors. Some cities have looked to empirical data in determining this distance.
Another consideration is the impact of setbacks on the future growth of the City. The larger the
setback, the more limited the growth potential and the less flexibility the City has in supporting
comprehensive, well planned development.
The propriety of the setbacks is ultimately a policy decision of the City Council. Staff has
attempted to strike a reasonable balance between the impacts of the drilling operations and the
opportunities of the surface owner to develop the property.
Please see also Q &A, Question 420, from 12/16/2014 P &Z & City Council Joint Public Hearing.
13. Can we require mandatory vapor recovery units during flowback and of
compressors including lift compressors?
Answer: See Q &A, Question 44, from 12/16/2014 P &Z and City Council Joint Public Hearing.
14. Can we prohibit flaring within city limits?
Answer: See Q &A, Question 44, from 12/16/2014 P &Z and City Council Joint Public Hearing.
15. Can we limit hours of operation to 9 -5 on weekdays and eliminate on weekends so
that residents may enjoy the comfort and quiet of their homes at the times when
they are most likely to be home?
Answer: Several surrounding municipalities place time or curfew restrictions on various
activities. Five municipalities were compared based on the similar make -up of the community
and history of drilling. The Barnett Shale municipalities with dense urban areas and a large
number of wells generally include Denton, Arlington, Fort Worth, Grand Prairie, and Mansfield.
Several additional communities in Johnson County and Wise County, such as Burleson,
Cleburne, Decatur, and Bridgeport, are home to a large number of wells; however, the
populations for these towns are not scalable to the five cities used in the comparison.
9
In nearly all instances of curfew limits for the five cities, the drilling and flowback stages are
permissible 24 hours a day and seven days a week. Well integrity or formation pressure issues
and other dangers could arise during these two stages if work activities were required to cease at
an arbitrary time during the operation. These two stages are frequently cited as the points in well
development that are most time sensitive. As a result, for several well safety reasons, these two
stages occur without curfew restrictions.
The following outline describes the respective ordinance prescribed time restrictions for various
activities. In addition, for each municipality, the definitions of daytime and nighttime are
provided.
1. Denton
A. Time Restrictions
1) Fracing operation shall occur during daylight hours
2) Unless the Operator has notified the Oil and Gas Inspector that fracing
will occur before or after daylight hours to meet safety requirements
B. Definitions
1) Daytime: The period from 7:00 a.m. to 7:00 p.m., Monday through
Friday; and from 8:00 a.m. to 5:00 p.m., Saturdays and Sundays
2) Nighttime: The period commencing at 7:00 p.m. and ending at 7:00
a.m., Monday through Friday and from 5:00 p.m. to 8:00 a.m.,
Saturdays and Sundays.
2. Arlington
A. Time Restrictions
1) Drilling allowed 24/7, except Thanksgiving and Christmas Day
2) Site preparation, well servicing, truck deliveries of equipment and
materials, fracing, and other related work limited to hours of 7 a.m. to
6 p.m., CST and 7 a.m. to 8 p.m. CDT, Monday through Saturday
3) All open hole formation or drill stem testing shall be during daylight
hours
4) The City Council may restrict the hours of operation of vehicles
B. Definitions
1) Daytime: The period from 7:00 a.m. to 6:00 p.m. Central Standard
Time and 7 a.m. to 8 p.m. Central Daylight Saving Time.
2) Nighttime: The period between 6:00 p.m. and 7:00 a.m. Central
Standard Time and 8 p.m. to 7 a.m. Central Daylight Saving Time.
3. Fort Worth
A. Time Restrictions
1) No construction activities involving excavation of, alteration to, or
repair work on any access road or pad site shall occur during nighttime
hours or at any time on Sunday.
on
2) Truck deliveries of equipment and materials associated with drilling
and /or production, well servicing, site preparation and other related
work limited to daytime hours
3) Other than mobilization and demobilization and advancing the bore
hole, no other activities shall be allowed on the well site on Sundays.
4) All open hole formation or drill stem testing shall be during daytime
hours.
5) Formation fracture stimulation operations shall be during daytime
hours.
6) Workover operations restricted to daytime hours.
B. Definitions
1) Daytime: means the period from 6:00 am to 7:00 pm.
2) Nighttime: means the period between 7:00 p.m. and 6:00 a.m.
4. Grand Prairie
A. Time Restrictions
1) Work hours for site development, truck deliveries of equipment and
materials associated with drilling and /or production, well servicing,
site preparation and other related work limited to daytime.
2) Deliveries of pipe, casing and heavy loads limited to daytime hours.
3) Flowback operations performed during daytime hours, unless the City
approves during non - daytime hours.
4) All open hole formation or drill stem testing shall be during daytime
hours.
5) Formation fracture stimulation operations shall be during daytime
hours.
6) Workover operations restricted to daytime hours.
7) During nighttime, the operation of vehicle audible backup alarms
prohibited.
8) Seismic testing limited to the hours of 8:00 am until 5:00 pm and not
on weekends or City holidays.
9) Drill stem testing done during daytime hours.
B. Definitions
1) Daytime: means the period from 7:00 am to 7:00 pm.
2) Nighttime: means the period between 7:00 p.m. and 7:00 a.m.
5. Mansfield
A. Time Restrictions
1) No construction activities shall occur during nighttime hours.
2) Well servicing operations and any deliveries to the site or a line
compressor facility shall occur between the hours of 7:00 a.m. to 7:00
p.m., Monday- Friday, and 9:00 a.m. to 6:00 p.m., Saturday and
Sunday.
7
3) Mobilization and demobilization of equipment used for drilling and
related operations permitted only during daytime hours.
4) Workover and fracturing operations restricted to daytime hours.
5) Drill stem testing shall be done during daytime hours.
B. Definitions
1) Daytime: means the period from 7:00 am to 7:00 pm.
2) Nighttime: means the period between 7:00 p.m. and 7:00 a.m.
After careful consideration of the comparable Barnett Shale ordinances, reasonable limits to on-
site activities seem typical. The most common curfew limits restrict activities during nighttime
hours and allow all activities during daytime hours.
16. Can we require the mandatory lining of pits?
Answer: The City enacted provisions in Ordinance 2013 -014, dated January 15, 2013,
prohibiting open pits and requiring closed -loop mud systems. No new open pits have been
installed since this date. In addition, Ordinance 2013 -014 requires that all pits shall be lined and
shall be designed, constructed, and installed in accordance with the liner standards set forth by
the Railroad Commission (RRC). The RRC mandates that pits should be constructed of soil
material which is capable of achieving permeability of 1 x 10 -7 cm/sec or less when compacted.
To achieve the RRC's put design requirements, in areas where clay beds do not occur at the land
surface, importing off -site soils with high clay and silt content could be considered. In most
circumstances, artificial liners are the best alternative.
17. Can we require the use electric, not diesel, generators throughout the drilling and
production process?
Answer: Please see Question A.6 in this Q &A document.
18. Should the new ordinance provide for financial payments to those living and
working 2000 feet of a fraced site as nuisance compensation?
Answer: Staff is of the opinion that this is not advisable. Whether a nuisance exists, whether it
is substantial enough to warrant compensation and what amount of compensation is appropriate
are factually intensive issues that are not amendable to a solution through legislation. Generally,
these are issues between the operator and any individuals specifically affected which should be
handled between those parties, with the assistance of our court system, if necessary.
19. Can we require immediate notification of the City and the TCEQ of any
mishap /accident and provide for a fine if this does not happen?
Answer: The City has requirements for notification. Please see Q &A, Question 411, from
12/16/2014 P &Z & City Council Joint Public Hearing. The International Fire Code is adopted
with local amendments by the City Council. These provisions contain penal provisions for failure
to comply with ordinance requirements. TCEQ sets its own rules, but City Staff notes, depending
on the circumstances, appropriate state and federal agencies may be notified by the City.
E'?
20. Can we prohibit compressor stations allowed within city limits?
Answer: See Q &A, Question 46, from 12/16/2014 P &Z & City Council Joint Public Hearing.
21. Can the City Council, and not the ZBA, be allowed to grant variances /exceptions?
Only council should be allowed to do that since it is directly responsible to the
voters.
Answer: See Q &A, Question 414, from 12/16/2014 P &Z & City Council Joint Public Hearing.
22. In reference to 35.22.8.B.6, there is no designation made for the type of dehydrator
that should be used. Please see the following EPA website and amend the ordinance
to require zero emissions dehydrators so that methane emissions, VOCs, and HAPs
are eliminated. http: / /www.epa.2ov /2asstar /documents /zeroemissionsdehy.pdf .
Answer: City Staff has included in the Gas Well Ordinance amendments a requirement that gas
well operators follow all federal and state laws in connection with their gas well drilling and
production operations.
23. Are tank farms allowed or beneficial?
Answer: Yes, tank farms are allowed. In fact, we currently have one "tank farm" location in the
City that is contained within Robson Ranch. This term is not an industry name, but rather a
unique way to identify this particular site. The benefit of this tank farm is to reduce the truck
traffic within the development by piping the water to a centralized facility for a single point of
collection. The site is accessed outside of Robson Ranch instead of requiring heavy truck traffic
to drive through the community.
24. Are injection wells allowed in the ETJ?
Answer: Injection wells are not allowed in the City. Ordinance No. 2013 -014 at 35.22.5.6.n. In
the ETJ, the City has only the authority given it by the State of Texas, unlike the City's authority
within its corporate boundaries where the City has the power and authority of a home rule city
pursuant to the Texas Constitution. As such, the City does not regulate injection wells in its ETJ
as being beyond its authority.
25. Should the City consider revising the insurance provisions in the new ordinance to
match the insurance requirements in the Flower Mound ordinance?
Answer: The City engaged insurance counsel for the specific task of reviewing the gas well
situation in Denton, analyzing Denton's current insurance provisions, and making
recommendations for any needed amendments to the insurance provisions in the current
ordinance. The recommendations of insurance counsel are reflected in the draft ordinance. Staff
believes that those recommendations are the most appropriate for the City and for inclusion in
the new ordinance.
I
B. Issues and Questions Raised by the Planning and Zoning Commission
1. I understand that there are challenges to regulating compressor stations because of
their status as a public utility. I also understand that the citizens of Denton have
spoken out against compressor stations in their neighborhoods, and that compressor
stations will further limit our ability as a city to develop our land. We have ample
space in Denton located in industrial zones, so I believe that any compressor stations
should be located in IC -E or IC -G zoning districts.
Answer: At first blush, this may seem like an attractive option. However, please note that the
IC -E and IC -G zoning districts are located in different parts of the City, such as the East,
Southeast, South and West sides of the City. Further, some of these areas are proximate to
single- and multi - family dwellings and other Protected Uses. While the Gas Well Ordinance's
1,200 foot setback applies to compressor stations, it is possible to meet the setback in an IC -E
and IC -G zoning district, but still be close to residential dwellings so as to generate complaints.
By adopting this limitation as to where compressor stations may locate, we may inadvertently
spread complaints and concerns associated with gas well drilling and production to other parts of
the City that have not experienced them thus far.
2. The use of lift compressors is a separate issue. Whereas a compressor station is
defined as "a facility that compresses natural gas for delivery by pipeline through a
transmission pipeline ", a lift compressor is "a mechanized device that compresses
gas prior to its introduction into a well for use in lifting well liquids to the surface."
They are typically run on diesel engines, which can be loud and disruptive. I believe
that all noise from lift compressors should be inaudible from the property line of a
protected use, and that any violations be subject to the penalties laid out in chapter
22.
Answer: Staff is of the opinion that it is unreasonable to require noise from lift compressors to
be inaudible from a property line of a Protected Use. All activities generate some level of noise.
Instead, the state and cities regulate noise when the noise rises to a level that reasonable people
would consider it to be disturbing the peace (a factual inquiry) or to a level that exceeds 85 dB
under state law, which is presumed to disturb the peace. Further, adopting a requirement that
noise be inaudible will present enforcement problems, such as in the prosecution of violations in
municipal court. For example, the City would have to explain why one noise is prohibited to be
heard, yet many others, some which may be louder than lift compressors, are allowed.
3. Air monitoring was suggested in the 2012 ordinance, but we have yet to enact
anything. I would like to see the City define a clear method within this ordinance
for monitoring the air surrounding gas wells in order to fulfill that promise, and to
protect the health, safety, and welfare of the citizens. How will the air be monitored,
where will that happen, how often, and who is in charge of paying for that?
Answer: Please see Q &A, Question No. 7, from December 16, 2014 P &Z & City Council Joint
Public Hearing. Staff is of the opinion that the City can conduct air monitoring and pay for air
monitoring. It should be noted that Staff is presenting a "production monitoring" program to the
Council for consideration in these ordinance amendments. The program may accomplish many
10
of the objectives of the air monitoring program some desire. It will monitor for fugitive
emissions from equipment operated by the gas well companies. Staff has received a quote from
the environmental professional who is conducting the air monitoring program in Flower Mound
for this work in Denton. The program would require the operator to bear the costs of the
program. The inspection schedule is set forth in the fee ordinance, which is part of the gas well
amendments under consideration.
Please see Q &A, Question No. 9, from December 16, 2014 P &Z & City Council Joint Public
Hearing for more detail.
4. What exactly are the EPA standards for venting /flaring?
Answer: On April 17, 2012, the U.S. Environmental Protection Agency (EPA) issued cost -
effective regulations to reduce harmful air pollution from the oil and natural gas industry while
allowing continued, responsible growth in U.S. oil and natural gas production. The final rules
include the first federal air standards for natural gas wells that are hydraulically fractured, along
with requirements for several other sources of pollution in the oil and gas industry that were not
previously regulated at the federal level.
A key component of the final rules is expected to yield a nearly 95 percent reduction in VOCs
emitted from gas wells each year. This significant reduction would be accomplished primarily
through the use of a process known as a "reduced emissions completion" or "green completion"
to capture natural gas that currently escapes to the air. During this process, special equipment
separates gas and liquid hydrocarbons from the flowback that comes from the well as it is being
prepared for production. The gas and hydrocarbons can then be treated and used or sold,
avoiding the waste of natural resources that cannot be renewed.
Since January 1, 2015, operators must capture the gas and make it available for use or sale,
which they can do through the use of green completions. Green completions are not required for:
1) New exploratory ( "wildcat ") wells or delineation wells (used to
define the borders of a natural gas reservoir), because they are not
near a pipeline to bring the gas to market.
2) Hydraulically fractured low - pressure wells, where natural gas
cannot be routed to the gathering line. Operators may use a simple
formula based on well depth and well pressure to determine
whether a well is a low - pressure well.
3) Owners /operators must reduce emissions from these wells using
combustion during the well - completion process.
Pneumatic controllers used at a well site are limited to no more than an emission rate of six (6)
cubic feet of gas per hour at an individual controller. New storage tanks with VOC emissions of
6 tons a year or more must reduce VOC emissions by at least 95 percent. The EPA expects this
will generally be accomplished by routing emissions to a combustion device. The final rule also
retains the existing 1- ton -per year benzene compliance option for large glycol dehydrators,
meaning operators may reduce benzene emissions from large dehydrators to less than 1 ton per
11
year as an alternative to reducing total air toxics emissions by 95 percent. Both existing and new
small glycol dehydrators must meet a unit - specific limit for emissions of BTEX (benzene,
toluene, ethylbenzene and xylene) that is based on the unit's natural gas throughput and gas
composition.
These rules apply only to sources that are considered "major sources" of air toxics. A major
source annually emits 10 or more tons of a single toxic and 25 tons of a combination of toxics.
Also, see Q &A, Question 44, from 12/16/2014 P &Z and City Council Joint Public Hearing.
5. How exactly are home buyers being notified of their proximity to gas wells?
Answer: See Q &A, Question 410, from 12/16/2014 P &Z & City Council Joint Public Hearing.
6. How short of notice will be given prior to accessing gas well pad sites for inspection?
Answer: The City conducts two inspections for each gas well pad site per year, once in the
Spring and the other in the Fall. A written notice is sent to each gas well operator informing them
of the upcoming inspections. The written notice also requests a reply confirmation that the gas
well operator consents to the inspection. Thereafter, the City will create an internal inspection
schedule for the Gas Well Inspectors to follow in performing the inspections. No additional
notice is provided to the gas well operators once the gas well inspectors commence their
inspection per their internal inspection schedule. The only exception to this inspection process
involves EagleRidge, who requested to be present for each inspection at their gas well pad sites.
7. How exactly are we incentivizing operators to co- locate? Please clarify what the
ordinance provides.
Answer: The ordinance requires any operator seeking a new well to either seek a combining
district if it is a new pad site (see 35.22.3) or a consolidation permit if it is an existing pad site
(see 35.22.4). Further, a consolidated pad site establishes an enhanced reverse set -back of 600
feet (as opposed to 300 feet for a regular pad site) which will likely result in fewer conflicts with
surface activities. Finally, City Staff understands that consolidated sites may be more economical
and favored by operators in many circumstances.
8. Freshwater pits are the only pits allowed. Please define "freshwater.
Answer: To be considered fresh water, the water must not contain certain constituents in
concentrations that surpass ordinance prescribed thresholds. The following table defines the
concentration limits for four constituents.
Constituent
Concentration Limit
Total petroleum hydrocarbons (TPH)
15 mg /L
Benzene, Toluene, Ethylbenzene, and Xylene (BTEX) volatile
organic compounds (VOCs)
500 �Lg /L
Benzene
50 �Lg /L
Chlorides
3,000 mg /L
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Three typical sources of freshwater include:
1) Potable water from a municipal or private supply hydrant;
2) Underground water well; or
3) Diverting allowable surface water resources from an existing reservoir.
Pit contents can be tested by the City's watershed protection laboratory in order to ensure
compliance with the ordinance prescribed thresholds.
9. Page 5, Item E, items 1 & 3 both use the phrase "lot purchasers ". Could that
wording be construed to mean that only the original "home builder" will receive the
gas well existence notices?
Answer: No. The proposed Gas Well Notification Disclosure provision was drafted to provide
notice not only to the initial buyer of a home, but to subsequent buyers as well. Subsequent
buyers will be provided notice through one of the following three methods: (1) Declaration of
Restrictive Covenants; (2) a Notice document filed in the County Clerk's Office; (3) in the lot
survey of the home that is typically included in a purchaser's closing documents.
10. What are the potential impacts to a surface owner in the event a consolidated site is
located on his /her property?
Answer: There may be potential enhanced impacts on the surface owner in this example. The
increased reverse setback of 600 feet from a consolidated site (as opposed to 300 feet from a
regular site) may result in restriction of a greater amount of the surface area from development,
although uses not defined as "protected uses" would not be so impacted. Further, since multiple
wells will be located on consolidated sites, activities may continue for a longer period of time.
11. What are the potential impacts to the City if the "reverse setback" was increased to
1,200 feet or greater?
Answer: Please see Question A.8 in this Q &A document.
12. What is the extent of the Gas Well Administrator's authority under the Gas Well
Ordinance?
Answer: The Gas Well Administrator is an administrative official, which means that he has only
the authority granted to him. He has no discretionary power and must issue and deny permits
based on the objective criteria contained in the ordinance. Our Gas Well Ordinance, both in its
current and proposed forms, is drafted in this manner. The Gas Well Administrator must
approve or deny permits, site plans, development plats in accordance with the objective criteria
listed for each. He has no power to grant variances. Rather, that power lies with the Zoning
Board of Adjustment. Further, an applicant whose application is denied has the ability to appeal
the Gas Well Administrator's denial to the Zoning Board of Adjustment.
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