Loading...
HomeMy WebLinkAboutApril 14, 2015 Agendatru�Rltl �'� � k, City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Tuesday, April 14, 2015 1:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a 2nd Tuesday Session on Tuesday, April 14, 2015 at 1:00 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: NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. Work Session Reports A. SI15 -0005 Receive a report, hold a discussion, and give staff direction regarding amending Section 169.18 Separation and Setbacks of Chapter 13 - Food and Food Service Establishments of the City of Denton Code of Ordinances. Attachments: Exhibit 1 - Food Truck Presentation 4 -14 -15 Exhibit 2 - Official Food Ordinance 2014 -082 B. ID 15 -294 Receive a report and hold discussion on the Land Use Assumptions and 10 -Year Capital Improvements Plan related to the implementation of Road Impact Fees. Attachments: Exhibit 1 KHA DRAFT Report Land Use & Impact Fee CIP Exhibit 2 Presentation C. ID 15 -298 Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement with Denton County Emergency Services District 1 (Argyle ESD) for fire fighting and emergency medical services. Attachments: Exhibit 1 Interlocal Cooperation Agreement Presentation Exhibit 2 Interlocal Agreement Exhibit 3 Financial Summary Exhibit 4 Robson Communities Commitment Letter City ofDenton Page I Printed on 41912015 City Council Meeting Agenda April 14, 2015 D. 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. Following the completion of the 2nd Tuesday Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. Closed Meeting: A. ID 15 -181 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, N. Bonnie Brae St and Emery Dr to N. Bonnie Brae St and Riney Rd., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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. [Bonnie Brae to North Lakes TM line] B. ID 15 -182 Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Receive information from staff pertaining to the acquisition of real property interests related to the proposed expansion and reconstruction of Locust Substation generally located South East of Fort Worth Drive & West Collins Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and /or condemnation of parcels of real property near the aforementioned location and more particularly described City ofDenton Page 2 Printed on 41912015 City Council Meeting Agenda as: Lot 1, Block A of Garcia Addition, County, Texas, according to the plat the the plat records of Denton, County, Texas. C. ID 15 -206 Deliberations regarding Real Property - 551.072; Consultation with Attorneys - 551.071. April 14, 2015 an addition to the City of Denton, Denton reof recorded in document No. 2009 -168 of Under Texas Government Code Section Under Texas Government Code Section Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, East of Loop 288 and Spencer Rd to Pockrus Page Rd and HWY I -35E., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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.[Pockrus to Spencer TM line] D. ID 15 -223 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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. [DME Eagle substation - No action item assoc.] E. ID 15 -300 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 City ofDenton Page 3 Printed on 41912015 City Council Meeting Agenda April 14, 2015 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. F. ID 15 -321 Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. G. ID 15 -330 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff direction regarding a development located in the 2800 block of Fort Worth Drive a portion of which is located within a floodplain where a public discussion of these legal matters would conflict with the duty of the City Attorney's to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 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: Public Hearings A. SI15 -0010 Hold a public hearing and consider adoption of an ordinance to amend Ordinance No. 2014 -137, as amended by Ordinance Nos. 2014 -192, 2014 -276, and 2015 -103, to extend for an additional one hundred and nineteen (119) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of City ofDenton Page 4 Printed on 41912015 City Council Meeting Agenda April 14, 2015 Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date. Attachments: Exhibit 1 - Moratorium Ordinance B. DCA14 -0009 Continue a public hearing and consider adoption of an ordinance amending g 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- 0009f). 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. Attachments: Exhibit 1 - Amendment to DDC SECTION 35.5 - Zoning Districts and Limitation Exhibit 2 - New DDC SECTION 35.5.10 - clean and redline Exhibit 3 - DDC Section 35.7.16 - Gas Well Combining District - clean and redlir Exhibit 4 - DDC Section 35.16.7 - Gas Well Notification Disclosure Exhibit 5 - Amendments to DDC Subchapter 35.22 - General Regulations - cleai Exhibit 6 - Gas Well Fee Schedule - redline amendments and existing Ord. 201; Exhibit 7 - Draft Pipeline 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 - February 4, 2015 P &Z Meeting Draft Minutes Exhibit 11 - Gas Well Amendments Ordinance 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 5 Printed on 41912015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S115 -0005, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune DATE: April 14, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction regarding amending Section 169.18 Separation and Setbacks of Chapter 13 - Food and Food Service Establishments of the City of Denton Code of Ordinances. BACKGROUND The City Council approved Ordinance 2014 -082 amending Chapter 13 - Food and Food Service Establishments of the City of Denton Code of Ordinances on March 18, 2014. At the City Council Work Session the City Council directed staff to reconsider changing the separation distance between Food Trucks to less than 12 feet. This request was made with the idea that when a Food Truck Park is developed at some point in the future, the 12 foot distance requirement (12 foot buffer measured from each side of the Food Truck) would restrict the number of Food Trucks permitted in a Food Truck Park. The intent of this request is to accommodate as many Food Trucks as safely possible in a Food Truck Park. In section 169.18 Separation and Setbacks it states: Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles by a inininun of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up in fire lanes or in parking spaces that are required by the Certificate of Occupancy of an existing business unless the business is closed and its required parking spaces are available. Without any other Codes to regulate this use (Building and Fire Codes do not regulate Food Trucks), staff met with City Fire Inspections to discuss the rationale for the separation requirement and to determine if a reduction in separation would create fire concerns and /or other fire hazards. The following recommendations were agreed to be the minimum that staff was comfortable recommending while still allowing for safe access for pedestrians as well as public safety personnel in the event of an emergency. Fire Inspections is comfortable with a minimum of a 10 foot separation (side to side) between Food Trucks since the Fire Code requires a 10 foot clear open space between structures. Since Fire Codes require a minimum of 10 feet, all considerations to reduce the minimum distance to a distance less than 10 feet were deemed unsafe. A 10 foot minimum distance between Food Trucks will insure that Fire personnel will have the room they need to service these vehicles if needed. Fire Inspections has also given their endorsement of a minimum of 5 feet between Food Trucks when parked end to end. City of Denton Page 1 of 3 Printed on 4/9/2015 File #: S115 -0005, Version: 1 Based on this discussion, staff recommends the following amendment to section 169.18 Separation and Setbacks: Mobile food vehicles shall be separated from existing buildings by a ininiinuin of 12 feet. Mobile food vehicles shall also be required to maintain a ininiinuin of 10 feet between vehicles (ineasured f oin the side of a vehicle to the side of an adjacent vehicle) and a ininiinuin distance of 5 feet (ineasured between vehicles from the front of a vehicle to the end of an adjacent vehicle) to allow a vehicle rooin to leave its location without disturbing adjacent vehicles. The 10 feet ineasureineni f oin the side of a vehicle to the side of an adjacent vehicle will be ineasured fi^oin the widest part of each vehicle and will exclude any moveable awnings attached to the vehicle. This amendment would allow Food Trucks to park closer together (front to back) and still provide a safe distance between Food Trucks (side to side). The side to side distance will also satisfy the requirement for added space that each vehicle needs to accommodate customers at its service windows. In conclusion, Staff is recommending the adoption of this amendment to the Food and Food Service Establishment Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. March 18, 2014, Chapter 13 "Food and Food Service Establishments" of the City Code of Ordinances was adopted by the City Council, Ordinance 2014 -082. Staff was also directed to return with recommendations to reduce the 12 foot separation distances currently required in the ordinance. Council also removed the provision related to parking on City Rights of Way and City property and at a subsequent meeting, asked staff to look at potential locations for on street parking for mobile food vendors. 2. August 13, 2014, a presentation of this staff recommended amendment was made to the Planning and Zoning Commission. The Planning and Zoning Commission recommended a minimum of 5 feet be added to the staff recommended amendment for the minimum space requirement between Food Trucks or between Food Trucks and other vehicles parked end to end. 3. August 21, 2014, a presentation of this staff recommended amendment was made to the Health and Building Standards Commission. The Health and Building Standards Commission recommended a minimum of 5 feet be added to the staff recommended amendment for the minimum space required between Food Trucks or between Food Trucks and other vehicles parked end to end. The Commission also recommended that the 10 feet side measurement between vehicles be taken at the widest part of the vehicle and that moveable awnings attached to the vehicles be exempted from the 10 feet minimum space requirement. FISCAL IMPACT Staff does not anticipate any fiscal impact as a result of adopting this code amendment. City of Denton Page 2 of 3 Printed on 4/9/2015 File #: S115 -0005, Version: OPTIONS 1. Request more information about this proposed amendment. 2. Make recommendation for adoption of this proposed amendment. 3. Direct staff to make further amendments to the Food Code. 4. Postpone consideration. 5. Table item for further consideration. RECOMMENDATION Staff recommends that the City Council endorse Staff's recommendation to amend Section 196.18 Separation and Setbacks of the Food and Food Services Establishments code. EXHIBITS 1. Food Truck Presentation 4 -14 -15 2. Chapter 13 "Food and Food Service Establishments" Ordinance Respectfully submitted: Aimee Bissett Interim Director of Planning and Development Prepared by: Rodney Patterson, CBO, MCP Building Official City of Denton Page 3 of 3 Printed on 4/9/2015 �c W 0 H H N U c N N m 0 �3 m CL 0) V) le U m m 0 +J c 0 6. LL 4J 0 LL m le E 1 co 1 r U. 0 H H N U c N N m 0 �3 m CL 0) V) le U m m 0 +J c 0 6. LL 4J 0 LL m 0 > c C LL 4-1 U E E 0 q c 'E +j .... .. .. .. .. .. .. .. .. 0 9 < > I V, U) -14 U C 4-J (U co c 0 4-J m CL a) OJ V) 0 4-J 0 0 LL o or 4 o 62 Ln \:ti sAlegaMur docutnentAordinances\l 4\food ordinance dean version 03-.18-14,doc Exhibit 2 ORDINANCE No. 2014-082 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 ("FOOD AND FOOD SERVICE ESTABLISHMENTS") OF THE CITY OF DENTON CODE OF ORDINANCES BY DELETING ARTICLES 1, 11, 111, IV, V AND VI IN THEIR ENTIRETY;, ADOPTING THE TEXAS FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND MAKING RELATED DELETIONS AND AMENDMENTS THERETO; PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS: SECTION 1: Articles 1, 11, 111, IV, V and V1 of Chapter 13 ("FOOD AND FOOD SERVICE ESTABLISHMENTS'") _­­—, ESTABLISHMENTS") of the City of Denton Code of Ordinances are hereby deleted in their entirety and replaced with new Sections 13-10 and 13-20 which hereby read in their entirety as follows: See. 13-10 Rules on food service --Adopted; compliance procedures. The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161--171 and 173--175 as amended, which establishes regulations regarding, the regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the words "municipality of Denton" appear, they shall be understood to refer to the City of Denton and the words "regulatory authority" shall refer to the City of Denton. The Texas Food Establishments Rules, save and except the amendments set forth below are made a part of this article as if fully set forth herein. A copy of the Texas Food Establishment Rules, along with city amendments, shall be kept on file in the office of the city secretary of the city being marked and designated as the Texas Food Establishment Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division). Any revision, addition, or deletion to the Texas Food Establishment Rules (TFER) by the Department of State Health Services or the United States Food and Drug Administration (FDA) shall be deemed to be an amendment to this article and adopted as of the time it goes into effect or is published. Sec. 13-20 Deletions and amendments,. Amendments to the Texas Food Establishment Rules Section 2,29.162 is amended by adding the following: 162.1 Administrator: the Building Official, or their designated employee, of the City of Denton, 162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or viticultural, or fish or other aquatic species product, either in its natural or processed state, that has been produced, processed, or otherwise had value added for use as human food. 162.,3 Catering Establishment: shall mean a food establishment where food is completely or partially prepared for delivery at a separate location where it is rneant to be served and consumed. For purposes of this definition of mobile food establishments, a food set-vice establishment is considered to be operating mobile food units, rather than to be operating as a Catering establishment; unless at each premises or property to which food is delivered, the food is provided to one person for consumption by that person or that person's guests or invitees. Page I of 34 sAiegOour documentAordinanoes1 Wfood ordinance dean version 03 -18-14.doc 1162.4 Catering operation: a food service establishment which prepares or serves, food on premises in control of another. 162.5 Certificate of Occupancy: A Certificate of occupancy is a document issued by a local government agency indicating, that a building or mobile food vehicle complies with zoning and building laws. 162.6 Change of Ownership: a change of owner or operator of a food establishment business, and does, not refer to a change of owner of the property or building, in which the business is located. 162.7 Change of Use: that which requires the owner of an establishment to submit plans before any construction is begun on a project that changes the use of the current establishment. 162.8 Commercially Manufactured: produced or built, for commercial gain, by a person showing a high degree of skill or competence. 162.9 Cominissary: also known as a central preparation facility; base of operations; or premises frown which a mobile unit operates. A commissary shall be used as a base of operations for all classes of mobile food vendors. A commissary is a site approved by the City Health Officer at which food preparation, storage and cleaning or servicing of the vehicle occurs. State law prohibits the use of a private residence as a central preparation facility or warehouse. 1162.10 Community Market: a designated location used primarily for the distribution and sale directly to consumers of raw agricultural products grown by farmers or home-grown fruits, vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts items; and bakery goods, beverages, dairy products, delicatessen, and grocery items. 162.11 Cooking demonstration: food that is not to be offered, sold, or otherwise distributed to the public 162.12 Farmers Market: a designated location used primarily for the distribution and sale directly to consumers of food products by farmers or other producers of agricultural products 162.13 Farmer's Market Food Vendor: any person(s) who operate(s), offers, or sells food typically known as "farm grown", "farill originating" or "farm obtained" from a location approved on private or public property. Foods included in "farm grown" are whole produce,, plants,, nuts, certain meats, honey, eggs and pasteurized dairy products. These vendors and any foodservice operations shall comply with the Texas Food Establishment Rules as set forth by the Dept. of State Health Services. 162.14 Fixed Commercial Location: a building that can obtain a certificate of occupancy; not mobile in nature. 162.15 Food handier card: a card issued by the city of Denton to all food establishment employees whose work brings them into contact with the handling of food, utensils, or food ,service equipment, These employees shall fulfill all city requirements before receiving, a card. 162.16 Grease Interceptor: A plumbing appurtenance that is installed in a sanitary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has tile ability to intercept free - floating, fats and oils. 162.17 Health Officer: the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. 162.18 Health or regulatory authority: the City of Denton. 162.19 Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or Page 2 of 34 " sMegahour docurnenOordinances:M4\fbod ordinance clean version 03-18-14,doc processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast food restaurants, full service restaurants,, pizza preparation, donut preparation, and meat and fish markets, etc. and may include day care centers. For information regarding grease interceptor sizes, refer to the International Plumbing Code as amended by the City Building Inspection Department. 162.20 Light Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, etc. and may include day care centers. For information regarding grease interceptor sizes, refer to the International Plumbing, Code as amended by the City Building Inspection Department. 162.21 Minor: shall mean an individual under the age of 18 162.22 Mobile Food Establishment; a food establishment that serves, sells, or distributes any food or beverage from a mobile food preparation vehicle: that is not operating at a permanent fixed location. A mobile foodservice establishment is vehicle-mounted or wheeled and capable of being readily moveable. A mobile food unit is fully self-contained. A mobile food establishment is a commercially manufactured vehicle from which food is prepared, served or provided for the public with or without charge. Types of mobile food establishments: The mobile food unit classifications are based upon the type of menu served. Class I — Limited Mobile Food Establishment: these mobile food units may provide hot and cold holding display areas from which packaged foods are displayed. Self-service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on the unit. Non-potentially hazardous beverages must be provided from covered urns or dispenser heads only. No dispensed ice is allowed. Class 11 — General Mobile Food Establishment: these mobile food units may serve a full menu as approved by the Consumer Health Division, Class III - General Service Pushcarts: these mobile food units shall serve only a limited menu as approved by the Consumer Health Division. Class IV — Limited Service Pushcarts: these mobile food units may be pushed by human power to various locations and shall serve only a limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer Health Division. 162.23 No food preparation: any area in which foods are provided pre-wrapped, from a source approved by the Department of State Health Services with microwave oven type heating being the maximum handling involved. No food preparation is limited to prepackaged sandwiches or similar foods, candies and containerized beverages. 162.24 Non-potentially hazardous, beverage: shall mean a non-alcoholic liquid intended for consumption, whether natural or synthetic, that does not require temperature control because it is not capable Of Supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. The term includes: 1) Tea and coffee, excluding espresso, with powdered creamer or ultra-high, pasteurized half and half in individual servings; 2) Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple juice, lemonade, limeade, and orange juice; 3) Fresh squeezed, high acid beverages; Page 3 of 34 sAegkffirnir dlocuiiietits1ordinatices114�fo,od ordinance clean version 03-18-14.doG 4) Commercially filled carbonatedbeverages; 5) High acid beverages made from a commercial mix; and 6) Mineral water sold in open, single-service cups with ice from an approved source. 162.25 Non-profit organization: All government entities and political subdivision and public school districts; Organizations chartered under the Texas, non-profit corporation act; or Operations recognized by the IRS as a 50 1 (c) organization or corporation. 162.26 Perishable food: shall mean any food of a type or in a condition that may spoil. 162.27 Remodeling, extensive: any change in the structure of a food preparation area or any change in the establishment which would increase or decrease size requirements for the food preparation or food storage areas as specified in sections 13-27 (b) and (c). The terrn may also include any construction which requires a building permit from tile Building Inspection Division of the City of Denton. It does not include: Expenditures for the replacement of moveable equipment; or remodeling which does not affect the construction or operation of food storage or food preparation areas or areas used to store or clean utensils and equipment used in food storage or food preparation. 162.28 Seasonal food service establishment: any food service establishment which operates from a fixed location for a period not to exceed six (6) consecutive months provided that such operation shall occur only once during any twelve (12) consecutive month period. 162.29 Smoker: any unit, whether mobile or fixed in nature, which uses wood or wood products to provide smoke for the purpose of slow cooking meats intended for human consumption, whether such unit is inside an enclosed building or in an outdoor area, 162.30 Temporary Event/Comm unity Based Event: transitory gatherings such as traveling fairs, carnivals,, Multicultural celebrations, special interest fundraisers, restaurant food shows, grand openings, customer appreciation days, etc, also called special events. These are single events or celebrations. 162.31 Temporary food permit: a permit issued after fulfilling, all City requirements to a food establishment selling or serving food at a temporary event. The temporary food permit is valid until the temporary event concludes or for 14 consecutive days, whichever is less. A temporary food permit is valid for only one event location at a time. 162.32 Toilet facilities: flush toilets and sinks with hot and cold running water connected to an approved system 162.33 Vendor/Supplier: a business establishment approved by the City Health Officer that sells or supplies food and food related products to Mobile Food Establishments. 16234 Warehouse: shall mean any enclosed structure, room, or building where packaged food or food products intended for off-premise consumption are stored for, sold to, or offered for sale or distribution to persons other than the ultimate consumer. 162.35 Wholesome: in sound condition, clean, free frorn adulteration, and otherwise suitable for use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing requirements and it is used or sold prior to tile expiration date marked on the package. Section 229.163(a) is amended by adding the following: 163.1 This person (i.e., the person in charge as defined in T.F.E.R. §229.163(c)) shall have a valid Food protection Management training certificate. Certification must be obtained by passing Page 4 of 34 Olegahour documents\ordinanceOMfood ordinance c I can vers ion 03-18-14,doc an examination approved by the Texas Department of State Health Services and approved by the regulatory authority. The following food service establishments are exempt frorn the requirements of this section, 1) Establishments selling only uncut produce or commercially packaged; hermetically sealed foods; 2) a food enterprise that provides only beverages or prepackaged food that is not a potentially hazardous food; 3) Bars and lounges that do not serve potentially hazardous foods; 4) a food processing plant that is inspected at least once each week by a state or federal food sanitation inspector or that only stores prepackaged food that is not potentially hazardous; 5) Concession stands that are run by volunteers; 6) a nonprofit organization that serves food only to members of the organization; 7) a vending machine or a mobile food establishment that offers only prepackaged food, if a certified food manager is in charge at the central preparation facility that supplies the products for the vending machine or mobile food establishment; or 8) a temporary event food vendor. Compliance may be required of establishments having one of the above exemptions if they have repeated or critical food code violations, or if determined by the health officer to be capable of causing food borne illness. 163.2 '"he owner or operator of a new foodservice: establishment shall provide verification to the Consumer Health Division, prior to the opening of the establishment, that the establishment meets the Certified Food Protection Manager requirement of this article. 163.3 If a foodservice establishment cannot meet the requirements of this section because of the termination or permanent transfer of a registered food protection manager,, the food establishment shall: Employ another registered food manager within thirty (30) days of the effective date of the termination or transfer of the previous manager. When an existing food service establishment has a change of ownership, the new owner or operator of the establishment shall provide verification to the Consumer Health Division within thirty (30) days of the effective date of the change of ownership that it is in compliance with the certified food protection manager requirements of this article. 163.4 A person commits an offense if the person is the owner or operator of a food establishment and violates a provision of this section, 163.5 A person comm its an offense if the person is the food manager of a food establishment and fails to obtain a food protection manager's certificate from an accredited program accepted by the Texas Department of State Health Services within the tirne limits allowed in this article. 163.6 A person holding a food protection manager's certificate shall register a copy of that certificate with the City of Denton Consumer Health Division. Section 229.163(c)(12) is amended by adding the following: 163.7 Every person whose work brings them into contact with the handling of food, utensils,, or food service equipment must possess a valid City of Denton food handier card. Every person who owns, manages, or otherwise: controls any food service establishment shall not permit any person to be employed therein who does not possess a valid City of Denton food handler card within ten (110) days frorn the date of their employment. Page 5 of 34 OlegaAour docunients�ordinances\l Wood ordinance clean version 03-18-14 doc 163.8 Food handler test In order to receive a food handler's card, every person must achieve a score of seventy (70) of- more on a the test offered by the City of Denton of, pass an approved on-line Course offered on the City of Denton Consumer Health webpage. After an applicant passes an online food handler course, the applicant shall bring verification to the City in of-der to receive a City of Denton issued Food Handler card. This requirement must be met upon expiration of a food handler's card and upon application for a new food handler's card. At the discretion of the health officer, if lie or she deems it necessary,, employees may be required to attend one of the classes offered by the City of Denton Consumer Health Division. 163.9 Certificates available. The permit holder of the food service establishment shall make food handler cards and food manager certificates displayed where they can be easily seen by the regulatory authority. 163.1 Q Duration of food handler card. Any food handler's card issued under the provisions of this article shall remain in full force and effect two years from the date of issuance. 163.1.1 Same-nontransferable. Every food handler card issued under the provisions of this chapter shall be nontransferable. 163.12 Same--Confiscation. The health officer shall have the authority to confiscate a food handler's permit that has expired or is otherwise invalid. 163.13 Personnel. a) A food employee may drink fi-orn a beverage container that has a tight-fitting lid with a straw. b) Employees shall wear disposable gloves when handling ready-to-eat foods, of- provide documentation of training regarding correct handling of ready-to-eat foods as found in section 229.164(e)(1)(D)(i)-(iii), Section 229.164(a) is amended by adding the following: 164.1 Destruction of unwholesome food authorized. Whenever the city health officer discovers any food or drink displayed for sale or kept for sale, which is unwholesome or unsafe for human consumption, the officer shall order the food or drink to be destroyed or removed, and the owner or the responsible person in charge shall immediately destroy or remove such unwholesome or unsafe food at his or her own expense. 164.2 Sale or other disposition of unwholesome food prohibited. It shall be unlawful for any person, association of persons, firm, food service establishment, temporary food set-vice establishment or corporation to offer for sale or give away any food or drink for human consumption which has been pronounced by the city health officer to be unfit for such use. No person shall prepare potentially hazardous or TCS food for sale to the public from their own private residence. Section 229.164(v)(2)(C) is amended by adding the following: 164.3 Written documentation of cool-down procedures of the food that is being donated is required. Section 229.165(k)(1)(C) is amended by adding the following: IPage 6 of 34 s:Megahour doeuiiients\Drdinances114Uood ordinance clean version 034844.duc 165.1 Existing equipment which was installed in a food service establishment prior to the effective date of this chapter, and which does not meet fully all of the design and fabrication requirements of this rule shall be deemed acceptable in that establishment as long as there is no change of ownership, equipment is in good repair and capable of being maintained in a sanitary condition, and the food-contact surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date of this chapter shall meet the requirements of this chapter. Section 229.1660)(3) is amended by adding the following: 166.1 Grease Interceptors shall be located outside the food preparation area unless otherwise approved by the regulatory authority. Section 229.166(1)(14)(B) is amended by adding the following: 166.2 Garbage Containers. Garbage and refuse shall be kept in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak and do not absorb liquids. Containers used in food preparation and utensil-washing areas shall be kept covered except when actually in use. There shall be sufficient number of containers to hold all the garbage and refuse that accumulates during operation of the food establishment. The regulatory authority may require additional service, dumpsters or larger dumpsters to accommodate the garbage and refuse that accumulates. Suitable facilities, including hot water and detergent or steam shall be provided and used for washing garbage containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage, Power washing and contracted cleaning services shall be performed according to applicable law. Cardboard or other packaging materials that do not contain food residues or that are waiting regularly scheduled delivery to a recycling or disposal site may be stored outside in a covered receptacle if it is stored so that it does not create: a rodent harborage problem. Section 229.167(b)(3) is amended by adding the following: 167.1 Premises. Food Service establishments and all parts of the property used in connection with operations of the establishment shall be kept free of litter. Only articles necessary for the operation and maintenance of the food service establishment shall be stored on the premises. Section 229.167(p)(15)(B)(ifi) is amended by adding the following: 167.2 A food service establishment may permit a customer to The accompanied by a dog, in an outdoor dining area if. a) The food service establishment posts a sign in a conspicuous location stating that dogs are allowed in the outdoor dining area; b) The customer and the dog access the outdoor dining area directly from the exterior of the food service establishment; c) The dog does not enter the interior of tile food service establishment d) The customer retains the dog on a leash at all times and controls the dog; e) The customer does not allow the dog to be on a seat, a table, a countertop, or a similar surface; In the outdoor dining area, the food service establishment does not Rage 7 of 34 sAlegahour documeiits\oi,di�natices�140fo,od odinance clean vetsion 03-18-14,doc 1) prepare food; or 2) permit open food, except for food that is being, served to a customer; and, g) Only cleaners and sanitizers that are not harmful to animals may be used oil outdoor surfaces. Section 229,169 is amended by adding the following: 169.1 Requirements for mobile: units. a) Application Process 1) In order to obtain a health permit to operate a mobile food establishment within the city limits of Denton, an applicant shall Submit all required applications and applicable documents with the City of Denton and pay all required fees. 2) The application shall include a completed itinerary . An itinerary shall be required for all mobile units that will stop and sell food in any one parcel of land for more than one hour. The itinerary of listed locations shall be approved and signed by a City Planner. The approved itinerary verifies that all sales locations stated in the submitted location itinerary are zoned for food establishments. Other documentation may be required by the health officer. 3) It shall be unlawful for a Mobile Food Establishment to operate unless the Consumer Health Division has been notified of the location. Notification may be done in writing or electronically according to procedures established by the Division as long as the location is part of the preapproved itinerary. The Consumer Health Division shall be given written notice at least two (2) business days before implementation of any changes to the approved, filed itinerary. b) Permit Issuance 1) Upon receiving, a proper application for a permit, the Consumer Health Division ,shall make appropriate inspections of the vehicle; equipment and other reasonable inspections concerned with the mobile food establishment and shall issue a permit and sticker only if., a)The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations and city ordinances governing the proposed mobile food establishment operation. b) The valid sticker shall be displayed by a mobile food establishment: 1. The hard copy of the permit shall be posted in public view inside the vehicle and 2. The sticker permit shall 'be posted on the back right corner on the outside of the vehicle — it will display the date of expiration of the permit and the unit ID number. 2) The health permit shall be valid for 12 months. Mobile food establishment permits shall not be transferable and shall be considered revoked should the food vending operation be changed from that specified in the permit. c) Location of Operation 1) Any location where: mobile units stop and sell food in any one location for more than one hour, shall be zoned (according to the Denton Development Code) to allow food establishments. Page 8 of 34 s:Uegai t2i-doeLiinetits'or'dinaiice,%\14 fmd ordinance dean vetsion 03-N-14,doc 2) Mobile units shall not stop and sell food in a residential District (as defined in time Denton Development Code) without written permission from the Homeowner's Association or a Neighborhood Association. Mobile units shall not stop and sell food in any residential zone that does not have an active Homeowner's or Neighborhood Association, except for those mobile food units that regularly sell food to construction workers in residential zones with active construction activity. d) Operations on Public Property No mobile food vehicle shall operate a business from a public park or publicly owned property or site without written permission from the City. e) Signage 1) Each mobile establishment must be readily identifiable by business name, printed, permanently affixed, and prominently displayed upon at least two sides of the units , in letters and numbers not less than 3 (three ) inches in he:ight 2) Each mobile food establishment shall be clearly marked with the food establishment's name or a distinctive identifying symbol. The lettering shall be at least three (3) inches in height and of a color contrasting with the background color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of an equivalent size. 3) Each mobile food establishment shall be clearly marked with the permit number for purposes of identifying each unit on inspection reports and other communications. Section 229.,169(a)(1) is amended by adding the following: 169.2 Mobile Food Vehicle Types Class I — Limited Mobile Food Establishment: these mobile food establishments may provide hot and cold holding display areas from which packaged foods are displayed, Self-service by customers of unpackaged foods is not allowed. Preparation, assembly or cooking, of foods is not allowed on time unit. Non - potentially hazardous beverages must be provided from covered Urns or dispenser heads only. No dispensed ice is allowed. Examples of foods that are allowed: 1) Food that was prepared and packaged in individual servings at an approved commissary and transported and stored under conditions meeting, the requirements of this article: 2) Potentially hazardous beverages Such as individual servings of milk, milk products and coffee creams that have been packaged at a pasteurizing plant. All foods sold will need to meet proper labeling requirements. Note: If the vendor is selling prepackaged food, the vendor shall provide a copy of the commercial food establishment's Texas Food Manufacturing permit (or Meat Safety Assurance Permit — if applicable) from the Texas Department of State Health Services,. Class 11 — General Mobile Food Establishment: these mobile food establishments may serve a .full menu as approved by the Consumer Health Division. Class, III - General Service Pushcarts: these mobile food units shall serve only a limited menu as approved by the Consumer Health Division. sAlegaRour documentsWdinances\l Obod ordinance clean version 03-18-14.doc Menu items shall be limited to, unless authorized by the Health Inspector: those menu items listed under Class IV — Limited Service Pushcart category, hot dogs, nachos with artificial cheese base, corn on the cob, snow cones, popcorn, pretzels, sausage on a stick, tea, lemonade, fruit drinks (from dry mix only), tamales, and roasted peanuts. Class IV — Limited Service Pushcarts: these mobile food units may be pushed by human power to various locations and shall serve only a limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer Health Division. Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged chips, candy, ice cream, prepackaged sodas, and bottled water. 169.3 Class III and Class IV Mobile Food Vendors shall not: I) use a vehicle that exceeds 6 ft. x 4 ft. 0 ft.; 2) enter or occupy a public roadway to solicit or conduct a sale; 3) place any signs or other advertising devices on public property other than those signs affixed to the vehicle; 4) physically or visibly obstruction pedestrian and vehicular traffic;, 5) sell, distribute, or offer for sale, goods or services that have not been approved by the Health Inspector; 6) be located within a construction area, or; 7) conduct business with vehicular traffic located in the street right-of-way. 169.4 Servicing at commissaries Mobile food establishments shall report to an approved commissary location for supplies, cleaning, and servicing operations as follows: 1) The interior of the mobile food establishment shall be cleaned at least daily, and shall be stored at a location not used as a residence when not in operation. 2) The mobile food establishment shall acquire needed supplies from an approved commissary or other approved vendor/supplier. 3) An existing food establishment may serve as a commissary for a mobile food establishment only if approved by the health officer. The existing food establishment would be required to have an approved vehicle storage facility, approved potable water hookups, approved wastewater drainage facilities, approved grease interceptor hookups and size, and any other accommodations as determined necessary by the health officer to ensure compliance with all regulatory codes. 4) The mobile food establishment shall provide documentation of each visit to a commissary and shall have that documentation available for inspection. This documentation shall be provided by the commissary providing service, and shall specify when and which service was provided. 169.5 Servicing Records It shall be unlawful for an operator of a rnobile food establishment to be in operation without a valid servicing record in his possession. The operator of a mobile food establishment shall keep, and maintain servicing records on the mobile food establishment for a period of one year frorn the date of servicing,. The servicing records must be immediately available to any peace officer or health officer for inspection. 169.6 Vehicle construction a) The interior of the vehicle shall be commercially manufactured or be approved by the health officer. Page 10 of 34 sAlegaKour documenisWrdinancos� Mfbod ordinance c1can version 03-18- Kdoe b) The food preparation area of the vehicle shall be completely enclosed. c) Mobile food establishments may be required to provide an on board power source, such as a battery or generator, to assure maintenance of PHF/TCS foods at proper temperatures during transit, preparation and service. The vehicle must be equipped with commercial mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI approved, or of commercial grade. d) The cab of the vehicle must be physically separated from the food preparation area, and the seats designated for the cook and any passengers must be located outside of the food preparation area. e) All cooking equipment and hot holding units must be located at the rear of a mobile food preparation vehicle. Covers for deep fryers must be provided and installed over firyer units while vehicle is in motion. 169.7 Exterior surfaces Exterior surfaces of mobile food units shall be of weather resistant materials and shall comply with all applicable laws. 169.8 Utility connections Utility connections shall be limited to only electrical service and shall be in full compliance with the Electrical Code. All electrical extension cords shall be of industrial grade quality and shall be utilized in a safe manner as not to Ibe a nuisance or a trip hazard. Mobile food establishments shall not be connected to any potable water service, sanitary sewer service, or fuel gas service while in the operation of preparing or vending food. 169.9 Damage Report Any accident involving a mobile food establishment that results in damage to the water system, waste retention tank, food service equipment, or any facility that may result in the contamination of the food being transported or any damage that results in a violation of this section, shall be reported within 24 hours of the time the accident occurred. Reports shall be made by the holder of the mobile food establishment health permit. 169. 10 Overhead Protection Overhead protection shall be provided for mobile food units that are operated outdoors and where food is not covered at all times. The overhead protection shall consist of, but not be limited to, roofing, ceilings, awnings, or umbrellas. The overhead protection must be easily cleanable. 169.11 Any additional equipment or the arrangement thereof other than that approved when the permit was issued shall be prohibited unless approved in advance by the Consumer Health Division. Section 229.169(a)(7) is amended by adding the following: 169.12 A rnobile food establishment must demonstrate mobility at any reasonable time if requested by any peace officer, health officer, or designated city employee. 169.13 Operation capacity limited The operator of a mobile food establishment shall prepare, serve, store, and display food and beverages on or in the mobile food Unit itself; and shall not attach, set up, or use any other device or equipment intended to increase the selling, serving, storing, or displaying capacity of the mobile food establishment. It shall be un-lawful for the operator of a mobile food establishment to: Rage 11 of 34 sAegahour docLitTiciltslordinailces�l4lfood ordinance clean version 03-1 8-14.doc I ) Allow items such as, but not limited to brooms, mops, hoses, equipment, containers and boxes or cartons to remain adjacent to or beneath the mobile food establishment; 2) Provide or allow any sign or banner to remain that is not attached and solely supported by the mobile food establishment; or, 3) Sell food outside of the vehicle, for example, frorn a table tinder a free standing canopy. All food vending shall be done from the mobile unit. 169.14 Mobile food establishments are limited by the types and choices of approved food items being prepared and sold. Food preparation may be restricted by Consumer Health. Section 229.169(a)(8)(A) is amended by adding the following: 169.15 If liquid waste results from the operation of mobile food establishment it shall comply with the following: 1. It shall be stored in permanently installed, vented retention tanks that are at least fifteen percent (15%) larger than the water supply tank, but not less than thirty (10) gallons of capacity and shall be drained and thoroughly flushed during servicing operations. 2. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. 3. Liquid waste shall not be discharged from the retention tank when the mobile food establishment is at an operational location. 4. The waste connection shall be located below the water connection to preclude contamination of the potable water system. 5. Connection to a sewerage system at an operation location is prohibited. 6. All used fats, oil, or grease shall be discharged to an approved grease interceptor at the commissary. Used fats, oils, or grease shall not be discharged to any unauthorized food establishment grease interceptor. Section 229.169(a)(9)(B) is amended by adding the following: I 69.16 Garbage and Refuse A mobile food establishment shall provide a minimum of 20 gallons for garbage and refuse storage facilities for the operator's use; and shall have garbagc and storage facilities attached to the exterior of the mobile food establishment that are insect and rodent-proof for customer use. 169.17 Access to Restroorn Facilities Prior to the issuance of a health permit, the operator of a mobile food establishment shall submit to the Consumer Health Division and comply with the following: a) Written proof of availability of restrooms with flushable toilets for the use of the mobile food establishment employees located in a business establishment within 500 feet of each location where the mobile food unit will be in operation for more than one (1) hour in any single day. b) Proof of availability of adequate facilities shall be in the form of a written and notarized statement fi,orn the owner, or owner's agent, including the name, address and telephone: number of the property owner or authorized agent, and the type of business and hours of operation, granting permission for the use of the facilities. If the business owner is a partnership or corporation, the statement shall include the name, address and telephone number of one of the partners or officers. Page 12 of 34 sAlegaftour docurnentslordinances\14Vbod ordinance clean version 03-18-14.doc c) A copy of the notarized statement shall be displayed in the mobile food establishment in plain view of the public at all times. 169.18 Separation and Setbacks Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback regulations found in the Denton Development Code (DDC). Mobile: food vehicles shall not set up in fire lanes or in parking spaces that are required by the Certificate of Occupancy of an existing business unless the business is closed and its required parking spaces are available. 169,19 Food Transportation 1) During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original packages do not need to be overwrapped or covered if the original package is sealed. 2) Food shall be maintained at required temperatures at all tirnes during transport. 169.20 Closure of a Mobile Food Establishment: When a mobile food unit is closed by the health officer for critical violations, the health officer shall post a closed sign and the inspection report on the unit. When a commissary or warehouse is closed by a health officer for critical violations, the health officer shall post the inspection report inside the facility. No person except the health officer shall remove or alter the inspection report or closed sign. Section 229.169(b)(2) is amended by adding the following: 169.21 Servicing records to be kept by commissaries A commissary from which a mobile food establishment operates shall issue and maintain servicing records for each unit in a manner and form prescribed by the health officer. The permit holder, person in charge, employee,, or representative of any commissary shall keep and maintain servicing, records at the commissary for a period of two years from the date of servicing or until retrieved by the health officer, whichever comes first. Servicing records maintained at a commissary shall be immediately available to any peace officer or health officer for inspection during, normal business hours. 169.22 Falsification of servicing records It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of any commissary to issue a servicing record without first verifying that the mobile food establishment has complied with all servicing requirements. It shall be unlawful for any owner, permit holder, person in charge, employee, or representative of any commissary or mobile food establishment to knowingly present or issue any false, fraudulent, or untrutliftil servicing record for the purpose of dernonstrating, compliance with the requ irements of this chapter. Section 229.169(c)(2) is amended by adding the following: 169'.23 Servicing operations 1) Potable water-servicing equipment shall be stored and handled in a way that protects the water and equipment from contamination. 2) Vehicle cleaning and in-place cleaning of nonfood-contact surfaces of equipment not requiring sanitization shall be done with potable water and shall Ibe done in a manner that will not contaminate the vehicle's food storage or food preparation areas of equipment. If hoses are used in the cleaning, process, they shall be food-grade and kept off the floor or pavement, on racks, or by other approved suitable means. All cleaning areas shall be �Page 13 of 34 Olegah our docurnents\ordinances\1 Wood ordinance clean version 03 -18-14. doc paved with a smooth surface of nonabsorbent material such as concrete or machine-laid ,asphalt, which is sloped to drain toward an approved catch basin or floor drain where the liquid waste can be lawfully disposed. The use of liquid waste transport vehicles (otherwise known as vacuum trucks), licensed by the Texas Commission on Environmental Quality for the removal and disposal of liquid waste resulting frorn mobile unit food operations is permitted,. 3) Servicing operations may be performed by a commissary operator or by the mobile food establishment operator. It shall be the commissary operator's responsibility to observe or perform servicing on each mobile food unit and properly complete aservicing record. It is the responsibility of the mobile food establishment operator to confirm irm that the requirements of this section are fulfilled prior to resuming operations. 4) A current copy of each authorization must be maintained on file with the City of Denton Consumer Health Division and also in plain sight on the vehicle for inspection by the City of Denton or a peace officer upon request. 169.24 Permitting of commissaries as food establishments A commissary servicing any mobile food establishment may be an approved and permitted food establishment at which the mobile food unit is supplied with fresh water, emptied of waste water (and grease) into a proper waste disposal systern, and cleaned, including washing, rinsing and sanitizing of those food contact surfaces or items not capable of being immersed in the mobile food establishment's utensil-washing sink. The servicing area must be of adequate size and scope as to accommodate its own operation, as well as those of the mobile food establishment. 1) Compliance with all other applicable rules and operational guidelines as may be promulgated by the health officer. 2) When the commissary is within another jurisdiction the permit holder shall provide a copy of the latest inspection of its facility by that regulatory authority. 169.25 Warehouse: 1) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a commissary. 2) Warehouses shall be required to meet only those rules necessary to prevent the contamination of stored foods, single service articles, utensils and equipment. In general, warehouses shall be exempt frorn the rules relating to finished walls, ceilings, or storage bases, light colored surfaces, restrooms, lavatories, and utility facilities, provided foods are protected from contamination from dust, insects, rodents, flooding, drainage, or other contaminants. 3) Handling of unpackaged foods, dishwashing and ice making are prohibited in a warehouse. 169.26 A mobile food preparation facility shall not: 1) Stop at any location, unless the stop is for less than one hour, to sell or serve food during any time other than the dates and times specified in the current itinerary on file with the Consumer Health Division for the mobile food preparation vehicle. 2) Serve as a commissary for another mobile food unit or as the base of operation for a caterer 3) Apply for variances of food processing 4) Use leftover foods. All PHF/TCS foods shall be served or discarded at the end of each business day Page 14 of 34 ,01,egal ur docLitnetits\orldinancesl14\fbod ordinance clean version 03-18-14.doc 5) Use time as a public health control. All PHF/TCS foods shall be controlled by mechanical means 6) Park on an unimproved surface such as grass or dirt without written approval from the City Manager or his designee, unless selling for less than one hour at a site immediately adjacent to property that is currently under construction, 7) Park at a residence. 8) Be permitted to be washed-out at the location of an existing food establishment. All interior washing, shall be at ail approved commissary. Only exterior washing of the mobile food vehicle may be done at a commercially operated carwash. Grease or wastewater shall not be dumped or drained at a carwash. 9) Leave a location of operation until the area of operation is free from trash or nuisance caused by the mobile food vehicle business, its employees, or its customers. 169.27 Inspection Procedures 1) Critical violations shall result in the immediate closure of a mobile food unit, commissary or warehouse if the City of Denton Consumer Health officer determines that an imminent danger to the public health exists, and that the violation cannot be corrected immediately or an approved alternative procedure has not been implemented. Also refer to section 171.22. 2) For violations not resulting in closure, the corrections shall be made: and approval shall Ibe given by a City Health officer before reopening for business. 169.28 Requirements for snow cone vendors and ice cream vendors a) A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items only and shall have a: 1) Commercially approved source: for ice and syrup; 2) Hand wash sink with hot and cold running water under pressure, liquid soap, and paper towels; 3) At least a two (2) compartment sink (with hot .and cold running, water under pressure) for washing and sanitizing utensils; and, 4) Waste-water holding tank of adequate size for operation or be connected to all existing sanitary sewer, b) A snow cone vendor may also be required to meet any and all provisions required for a food service establishment, which the administrator deems necessary to protect the public health and safety. This type of establishment may be a fixed location capable of obtaining a certificate of occupancy. c) A water heater system capable of producing, water of 100' degrees Fahrenheit interconnected with the potable water supply shall be provided. A minimum of 15 gallons of water must be available. d) Adequate, conveniently located and accessible toilet and lavatory facilities shall be available to the snow cone stand at all times. A notarized letter signed by the owner/operator of the establishment where the facilities are located, must be submitted with the permit application giving written permission for the snow cone personnel to use such facilities and that the facilities will Ibe available for use at all times during the food establishment's hours of operation. The path of travel to such facilities shall not exceed a distance of 500 feet. Page 15 of 34 OlegaMur documeiit,i\orditiaiicesllgl\food ordinance dean version 03-18-14.doe 169.29 Requirements for the sale of ice cream, other frozen desserts or novelties upon a public street (a) A person may not sell ice cream, frozen desserts or other novelties from a vehicle before sunrise or after sunset. (b) Ice cream, frozen desserts,, and other novelty frozen food items shall be individually wrapped by the manufacturer before being placed in the vehicle from which they are sold and shall be sold in the original wrapping. (c) Such frozen items as described in (b) above may be sold from a pushcart. 169.30 All vehicles offering ice cream for sale shall have: 1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing, amber lights, and two (2) lamps, at the rear of the vehicle mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all times while each vehicle is in use for food service or solicitation of sales; 2) Signs in front and real bearing the word "SLOW" in letters not less than six (6) inches high; and 3) be capable of maintaining a constant temperature for food storage and contain,, in a conspicuous place, a thermometer to allow for verification of temperatures. Section 229.170(a) is amended by adding the following: 170.1 The term temporary food service establishment shall not include concession stands, which operate at a fixed location in conjunction with scheduled, community -based sporting or recreational events provided that the preparation and serving of potentially hazardous foods shall be restricted to only those pre-cooked, pre-packaged potentially hazardous food products that have been properly prepared in accordance with all Department of State Health Services and local requirements and are properly stored, handled, and served in the unopened, original package from said concession stands. In such instances where open potentially hazardous foods are prepared on site from a concession stand, these shall be evaluated on a case-by-case basis and a determination shall be made as to requirements. a) A tempormy food service establishment that does not comply with other requirements of this chapter or other city ordinances applicable to food service establishments is permitted if: 1) The health officer finds that the operation will not result in a health or safety hazard or a nuisance; 2) The operation is limited to a single, fixed location, which may include: one or more facilities at the location; 3) The operation is either: a. Limited to a time of not more than fourteen (14) consecutive calendar days; b. Operating under a city park and recreation department that has been approved by the city; and c. The food service establishment complies with the other requirements of this section, b) An application and non-refundable fees for a temporary event permit (per food booth) shall be submitted at least two (2) working days prior to the event, or five (5) days prior Page 16 of 34 Olegakur documents ordinanceWVbod ordinanoe dean version 03-18-14.doc to the event if ten (10) or more (booths are permitted for the same event. The application shall include the time the booth will be set up and ready for inspection, c) If an application is not submitted by the deadline in (b) above, the acceptance of the application will be at the discretion of the health officer, and an administrative fee will be charged. d) All requirements of the food booth must be in place before a permit will be issued. e) A temporary event permit will be required if there is open food (e.g,. offering, samples) available. f) Food manufacturers must submit a copy of the state manufacturer license with their application. g) Permits for temporary food service establishments that are not operating in conjunction with a City sponsored special event or community based event shall be limited to six (6) permits per year per establishment. h) A foodservice establishment with a current annual health permit will be required to obtain a ternporary event permit if the event is at a location outside their permitted premises. i) A temporary food service establishment shall not: 1) Prepare, serve, sell or distribute any food not approved in advance by the health officer, This prohibits the storage and preparation of food from a private residence:. Any slicing, dicing or cutting, of potentially hazardous foods must be done in a commercial kitchen and brought to the event under proper temperature control; this includes raw hamburger meat that must be brought in as commercially prepared frozen patties. No "gyro" type meat cookers are allowed. 2) Prepare potentially hazardous food; except, that the establishment may prepare potentially hazardous food that is approved in advance by the health officer and does not require substantial preparation prior to consumption (including, but not limited to, a hamburger or frankfurter) or may prepare potentially hazardous food that is obtained by the establishment in individual servings; Section 229.170(b) is amended by adding the following: 170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is maintained at 41' degrees or less. Frozen products may be stored in ice only if approved in advance by the regulatory authority and the duration of the event and items offered for sale is limited, typically less than four (4) hours in duration. Potentially hazardous food products shall be held in mechanical hot or cold holding equipment if the event is more than four (4) hours in duration. All foods are to be kept properly protected during storage, preparation, and service; this will include grill covers or lids to prevent contamination from overhead. Section 229.170(d)(3) is amended by adding the following: 170.3 Small "crock-pots" may be used to properly store food utensils in water 135 ' F degrees or hotter; or utensils may be stored in running water dipper wells. 170.4 "'Sterna" heating units are not allowed fOr use at outdoor events to hold foods hot. Section 229.170(d)(4) is amended by adding the following: 170.5 Bare hand contact with ready-to eat foods is prohibited. Single-use gloves must be worn over cleaned hands. Page 17 of 34 sAlegahour docuniciits\,ordinatices1141food ordinance clean version 03-18-14.doc 170.6 Animals are prohibited from being within the interior limits of a temporary food establishment. Section 229.170(h) is amended by adding the following: 170.7 A temporary food service establishment shall comply with liquid waste disposal ordinances, solid waste disposal ordinances and fire codes. Section 229.170(k)(3) is amended by adding the following: 170.8 A temporary food service establishment shall comply with these Texas Food Rules and any other requirement that the administrator determines is necessary to protect the public health or safety and imposes as a condition to the lawful operation of the establishment. 170.9 Food-handier cards required: Food safety training is required for all temporary food establishment workers. Food service workers may obtain a food-handler card through a class offered through the City of Denton Consumer Health Division's normal schedule of classes or an approved on-line course. Depending on the duration of the event and the extent of the food service being, offered, the Consumer Health Division may mandate a Food Manager's Certification for a rninirriuni of one or maximum of all personnel during the event. 170.10 Catering, operations. a) All catering, operations based in the City of Denton shall comply with all state rules, laws, and local ordinances, A person shall not engage in a catering, operation unless the service is affiliated with a food service establishment operating frorn a fixed facility that is permitted by the appropriate health authority. b) The base of operations for a catering, operation shall be physically sepal-ate from a residential home and shall be a permanent, fixed location. c) The health officer may inspect a catering operation at any time. 170.11 The: health officer may request copies of the health permit issued to the: caterer from the regulatory authority having j Lid sd iction where: the food is prepared or packaged. 170.11 FARMER'S MARKET a) Management and Personnel Responsibility, assignment. 'The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the market during hours of operation, Where it is allowed, food vendors that offer, sell, or distribute food that is potentially hazardous or that offer samples of food; shall have a person in charge that can show proof of successful completion of a Texas Department of State Health Services approved Certified Food Managers Course. Food vendors that offer, sell, or distribute only prepackaged foods, non-potentially hazardous foods or beverages, or temporary food vendors in conjunction with a special event at such location are exempt from the food manager certification course requirement. Proof of successful completion of a certified food manager course may be required of food vendors having exemptions if judged by the regulatory authority to be capable of causing food-borne illness or may be an increased public health risk. b) Food 1) Preventing contamination: a. Food Display. Except for plants,, nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging,, counter, set-vice line, or salad bar Page 18 of 34 sAlegaBour docurnents\ordinances�1 4\food ordinance clean version 03-1844,doc food guards that comply with NSF standards, completely enclosed display cases; or other means approve by the Regulatory Authority. Letters may be required from the fabricator or installer of such food guards stating compliance: with NSF standards if visual compliance is not evident through the use of labels or listings posted directly on the food guard by the authority approved to affix such label or listing. b, Except for plants, nuts in the shell and whole:, raw fruits and vegetables that are intended for hulling,, peeling or washing, by the consumer before consumption, food that is not completely packaged must be located under a cover, tent or other covering approved by the Regulatory Authority and remain under the covered protection for the duration of the operating period. 2) Approved Source. Only food from an approved source may be offered at a Farmer's Market or Food Market under these rules. Foraged foods are not considered to be from an approved source. Food prepared in a private horne, a Cottage food production operation or from an unlicensed food manufacturer or wholesaler is considered to be from an unapproved source and may not be used or offered for sale in Farmer's Markets or Food Market as defined in this rule. Food from a kitchen regulated by a local regulatory authority and proof of such is presented shall be considered from an approved source. 3) Meat, non-poultry. a. Meat such as game animals, ratites or equine meats (as defined in TFER) may not be sold. b. Whole muscle meat shall be stored frozen and held under refrigeration capable of maintaining the meat in a hard, frozen state. Meat shall be packaged ready to offer or sell, Separating, cutting or otherwise removing meat from an intact package is prohibited. c. Meat shall be produced, stored, labeled in compliance with U.S. Department of Agriculture rules and regulations. Proof of license or exemption shall be provided to the Regulatory Authority at time of application. 4) Poultry. a. Poultry is defined as allowed by TF'ER, as amended. b. Poultry shall be stored frozen and held under refrigeration capable of maintaining the meat in a hard, frozen state. Poultry shall be packaged in form ready to offer or sell. Separating, cutting or otherwise removing poultry from intact packaging is prohibited. c. Poultry shall be produced, stored and labeled in compliance with U.S. Department of Agriculture rules and regulations. Proof of license or exemption shall be provided to the Regulatory Authority at time of application. 5) Seafood, prohibition. Sale of seafood is prohibited at a Farmer's Market 6) Sampling: Allowed only where expressly approved by the Regulatory Authority. Where allowed, sampling shall comply with all of the following: a. Non-PHF/TCS foods shall be offered to the consumer in individual servings or bites and shall not be made available for self service. Page 19 of 34 sAlegahour docuinenils\ordinances�14\fbod ordinance clean version 03-1,8-14.doc Portioning foods on site is prohibited. Portions shall be completely enclosed until given to the consurner or shalt/ be unpackaged by the Consumer. b, Only single - service articles may be given to the consumer for use:. c. P,HF/TCS foods shall be maintained at proper temperatures according to TFER (41 degrees or colder; 135 degrees or hotter). Meats shall be frozen and remain frozen until sold to the consumer d. Where PHF/TCS foods are stored on ice, dry ice, or other items intended for use to cool or freeze foods, a thermometer shall be present in the container holding such foods. The thermometer must show evidence of proper temperatures in which to maintain the food item in compliance with TFER. If at any time, food stored in this manner is not at proper temperatures, the Regulatory Authority shall dispose of the food, whether voluntarily or involuntarily, if it cannot be determined if it is safe to sell or offer for sale. e. Time as a public health control may not be used as the sole means for holding PHF/TCS foods safely f. Ice shall be readily drained and water or melting ice shall not come into contact with stored food. g. Foods cut or constituted on site such as soups, dips, relish, condiments and sauces shall be maintained at or below 41 degrees Fahrenheit and process Must comply with the Equipment and Utensils section of these rules. h. Digital thermometer accurate to +/- 2 degrees Fahrenheit shall be on site for use by the vendor. One thermometer shall be provided for each piece of equipment used to hold proper PHF/TCS temperatures. 7) Animals, prohibition. a. Animals may not be offered for sale, or given away at a Farmer's Market. b. Other than service animals that are conspicuously and properly identified, animals accompanying their owner, where: allowed, shall be in a carrier or on a leash and under direct physical control of the owner. Animals may not be allowed within 10 feet of a food booth. c) Equipment and Utensils 1) Functionality of equipment. a. Except for a municipally owned Farmer's Market, equipment used to keep foods under this ordinance frozen or refrigerated shall comply with TF'ER and be able to maintain required temperatures for the duration of operations. Municipally owned Farmer's Markets shall have mechanical temperature controlled equipment capable of maintaining proper food temperatures as required in TFER. Mechanical food equipment shall obtain approval from the Regulatory Authority for use, b. Tables used within the vending area shall be made of non-porous material and be easily cleanable. Page 20 of 34 sAtegal\our docurnents\ord hi at ices\ Mfo(Td ordinance c1can version O.34 8-t4.doc c, Utensils used, only when approved for sampling, shall be made of non- wood material and disposable unless compliance for cleaning and sanitizing under Section 229.165 of TFER, or as amended, is provided and approved by the Regulatory Authority for use onsite. 2) Equipment numbers and capacities. a. At least one (1) hand wash sink or facility complying with the Temporary Food Establishment requirements in T'FER (Section 229.170) shall be located within the immediate selling area of each food vendor ,approved to sample foods and available to each vendor where required by the Regulatory Authority. b. Manual ware-washing sink requirements. At least one (1) sink with at least three (3) compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils for vendors that are approved to sample. c. Alternative manual ware-washing equipment may be used only by vendors when approved by the regulatory authority. Such written approval shall be evident and conspicuous on the permit placard issued to the vendor. d) Water, Plumbing, and Waste 1) Where a hand sink is required, this hand sink shall be a portable hand sink capable of producing ]lot water, having a portable tanked water source and having a waste tank at least 21'3 size greater than potable source water tank. Hot generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the operation. If approved by the regulatory authority, other means of hand washing may be used. 2) Where manual ware-washing is required using a hard — plumbed system, a licensed Plumbing inspector shall inspect the work prior to use. Backflow devices may be required. 3) Trash receptacles shall be available and shall be non-porous. Efforts shall be made to dispose of trash offsite in a timely manner so as not to encourage pests. e) Physical Facilities 1) Floor construction, Floors and floor coverings of all vending areas shall meet the requirements found in the TFER or be approved by the health officer. 2) Vending area shall be covered and protected to minimize presence of pests. f) Plan Review 1) Farmer's Market vendor application shall be submitted by each food vendor. 2) Tile plans and specifications shall indicate the following (whether existing or not): a. Proposed layout drawn from "bird's-eye view" showing equipment arrangement and schedule !including type and model and grease/waste storage receptacle location, b. Manufacturer's specifications sheets of all equipment c. List of all food items offered or vended, listing separately foods proposed to be sampled. Page 21 of 34 s:Uegahour dociutnetitslordiii,ances�141food ordinance clean version 03-18-14.doc d. Proof of food origin, copy of manufacturer's license, copy of storage license or description of approved source where food items will be obtained from, and copy of approved food labels. g) Administrative Process I ) All work must be inspected by the regulatory authority for compliance with these rules. After compliance with these rules is deemed to be met, a Food Vendor Permit may be approved. 2) Failure to follow the approved plans and specifications will result in a permit denial, suspension or revocation. 3) A notice, as required by this ordinance, is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be on file in the records of the regulatory authority, 4) The hearings provided by the HaBSCo shall be conducted by them at a time and place designated by HaBSCo. Based on the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice: or order considered in the hearing. A written report of the hearing decision shall be furnishcd to the holder of the permit by the regulatory authority. 5) Condemnation of adulterated products or on site destruction. Food found to be adulterated shall be condemned and, if no appeal be taken from such determination of condemnation, such articles shall be destroyed for human food purposes under the supervision of an inspector. 6) All appeals from final suspension or revocation of a Food Vendor Permit shall be made in writing to the building official or, his designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the suspension or revocation. The Consumer Health director (or his designee) shall attempt to hear the appeal within thirty (30) days after the notice of the appeal. The Consumer Health director shall have the power to reverse a decision of the regulatory authority where he finds that such a reversal will not affect the health and/or welfare of the public. All decisions of the Consumer Health Director or his designee shall be subject to review by the City Council at one of its regularly scheduled meetings. The decision of the Consumer Health Director or his designee will be final unless reversed by the City Council. Section 229.171(b)(2) is amended by adding the following: 171.1 Plans a) The owner shall submit plans and specifications for construction of work areas intended for use in the operation of a food establishment, and the location, size, and type of fixed equipment and interior finishes of such areas to the City of Denton for approval, before work is begun, when a food service establishment is constructed, or, 1) The nature of the operation changes; 2) The establishment is extensively remodeled; 3) When an existing structure is converted for use as a food service establishment; or 4) When the menu is changed to include more, or different rnem.1 items. Page 22 of 34 sAegaMur d )cLicticilts�orditiances4I4 food ordinance c[can version 03-18-14.doe b) In a food service establishment, the food preparation area shall be of adequate size and shall constitute a minimum of twenty-five (25) percent of the total square footage of the occupied permitted area or the minimum size deemed necessary by the Consumer Health Division. c) In a food service establishment, dry storage areas shall be of adequate size and shall constitute a minimum of fifteen (15) percent of the total square footage of the food preparation area, At the discretion of the Consumer Health Division, additional dry storage may be required. d) A menu must be submitted with all plans. If changes are made: to the menu at a later time, the changes must be Submitted for approval by the Consumer Health Division. e) All plans submitted shall include information on the following specifications: 1) Aisles and working spaces: Shall be unobstructed and of sufficient width to permit employees to readily perform their duties without contaminating food or food contact surfaces by clothing or personal contact. Minimum width of aisles shall be thirty-six (36) inches. 2) Auxiliary equipment: Water heaters, washing machines, dryers, remote: connected refrigerators, compressors, and air conditioners must be located outside of food preparation areas. 3) Equipment and utensils: All equipment is to be NSF (National Safety Foundation) approved or commercial grade. 4) Floors: In food preparation areas, storage areas, utensil washing areas, restroorns, and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable, non-absorbent materials of commercial grade. Flooring must be light colored, without texture or patterns that create difficult places to clean. In addition to the kitchen areas of day care centers, floors in food service areas of classrooms shall meet these requirements. The health officer shall establish approved floor surfaces in food preparation areas based upon the degree of preparation expected. Food establishments involved in heavy food preparation shall incorporate quarry tile, cement -based terrazzo tile or an equivalent floor covering as approved by the health officer. Food establishments involved in light food preparation shall incorporate a commercial grade sheet vinyl or equivalent floor covering as approved Iby the health officer. Establishments involved in no food preparation shall incorporate sealed concrete, vinyl asbestos the or an equivalent floor covering as approved by the health officer. An approved sealer (such as rubber cove base) shall be required at the floor/wall interface. If using, ceramic tile squares in the food preparation area, the minimum size of tiles shall be 12" x 12" (twelve by twelve inches). 5) Ice machines: Are to be of adequate size and located in areas that meet the wall, floor and ceiling design standards for food preparation areas. Do not locate an ice machine near sources of potential contamination, such as exposed sewer lines,, open stairwells, etc. 6) Refrigerators/freezers: Each mechanical refrigeration unit storing potentially hazardous foods must be of commercial type (even in day care center rooms) and each unit must have a numerically scaled indicating thermometer. All such units must hold foods at 41" degrees Fahrenheit or colder. Freezers must hold frozen foods at a temperature of zero (0) " degrees Fahrenheit or colder, Walk-in coolers must be commercially built and have interiors of impervious, non-absorbent materials. Page 23 of 34 sAegahour ordinance ctean version 03-18-14,doc Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars, etc. for holding cold foods cold; holding foods in ice will not be acceptable. The processing and packaging, of meat and poultry shall be conducted in a refrigerated room: a) Where the temperature is kept at 50' degrees F or less; or b) Which, along with processing equipment, undergoes a mid-shift cleanup after 4 (four) hours, of operation. 7) Sinks: a) Shall be the number required by law. Stainless steel hand sinks shall be located within every twenty-five (25) linear feet of unobstructed space in food preparation and utensil washing areas so it is convenient for employees to wash hands as often as necessary. Hand-wash sinks shalt be freestanding or wall hung,. If a sink is too close to other equipment or sinks, a splashguard may be required. Sinks are to be of adequate size to allow for the thorough washing of hands and forearms. Liquid soap and paper towels are required at the hand sink and lotion hand sanitizer is required if gloves are not used. Lavatories, soap dispensers, hand-drying devices and all related fixtures shall be permanently mounted and kept clean and in good repair. b) A three (3) compartment sink that has basins large enough to allow immersion of the largest utensil and two (2) self draining drain-boards shall be required for manually washing, rinsing and sanitizing equipment and utensils- c) A stainless steel, four (4) compartment sink with two (2) seif-draining drain- boards shall be installed in all bar areas. This requirement may be modified if glassware is sanitized in a commercial dishwasher. i. Knee pedals, electronic eye and metered faucets are not allowed in kitchen hand sinks but are allowable in public restrooms. ii. Blower dryers shall not be allowed as a means of drying hands in food preparation or dish wash areas. Common towels are also prohibited, Stearn-mixing valves are prohibited. iii. All dishwashing, equipment shall be located in one area to prevent any cross contamination from soiled to clean dish storage or food preparation. 8) Storage: rooms: Wood shelving is allowed for dry storage use only if finished with varnish or high gloss type paint to make sure it is smooth, non-absorbent, and easy to clean. Rooms are to have finished walls (minimum finish includes: taped and bedded sheetrock painted with high gloss paint) and commercial flooring with rubber cove base at floor/wall juncture. Dry storage rooms may contain refrigerators or freezers not requiring, drains to the sewer for condensate removal. 9) Wait areas: If remote from food preparation or service areas, and used only for non- potentially hazardous beverage: preparation, wait areas shall comply with the following requirements: a) Flooring shall be VCT or equivalent as approved by the Consumer Health Division b) Counters shall be laminate surface, solid surface, or equivalent s:qegalkour documentADrdinancesNUbod ordinance clean version 03-18-14.doc c) Shelving below countertops shall be sealed, smooth, and easily cleanable 10) Toilet facilities: Public access shall not be through the kitchen. 11) Walls & ceilings: a) In food preparation, storage, utensil washing areas, and restrooms; walls, ceilings, and other architectural features shall be smooth (not textured), easily cleanable, non - absorbent, light in color, and durable. Fibrous acoustical drop-in ceiling panels, are prohibited in these areas. Wall areas behind sinks or places that receive heavy use must be finished with FRP (fiberglass reinforced panels), ceramic tile, epoxy type paint or similar materials to withstand moisture. Bathroom walls shall be finished (as those listed above) behind plumbing fixtures to a height of at least four (4) feet up from the floor. Heavy food preparation areas behind stoves,, grills, and fryers shall Ibe of stainless steel from floor to ceiling. b) Surface rnounted pipes shall not be installed tightly against the surface of tile walls. There shall be a gap of at least two (2) inches between the pipe and the finished surface: of the wall. c) All holes cut into walls and ceilings for pipes and conduits shall be sealed, and the clearance between the floor surface and the bottom edge of a door shall be tight fitting. 12), Water heater: Must be of adequate size to provide enough hot water for all hand washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Commercial tank-less water heaters may be used. 13) At the discretion of the City of Denton, additional sinks such as pot sinks, produce washing sinks, etc. may be required. 14) Kitchens in day care centers shall comply with all rules of this code except that the size of the kitchen may be determined oil a case-by-case basis as approved by the City of Denton. 15) When a foodservice establishment is extensively remodeled it must be closed during any demolition especially if water or power service is interrupted. If remodeling pertains to only a portion of the establishment, the food preparation areas shall be protected by a solid wall that prevents any construction debris or other contaminates from entering the kitchen or food service areas. Section 229.171(1) is amended by adding the following: 171,2 Permit required. a) It shall be unlawful for any person,, association of persons, firm or corporation to operate a food service establishment in the city without having obtained a permit under the terms of this section. b) Any person desiring to operate a food service: establishment shall make written application for a permit at the office of the consumer health division. The application shall include the applicant's full name, street and post office address, and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed establishment; and the signature of tile applicant or applicants. If the application is for a temporary or seasonal food service establishment, it shall also include the inclusive dates of the proposed operation. 17'1.3 Application fee. Page 25 of 34 sAegafWur ducurncnts4ordin a ncesl I flbod ordinan cc clean versi on 03 -1 8-14. doe a) The applicant shall Submit the applicable nonrefundable fee: as set forth by city council by ordinance, and the schedule of fees shall be available for public inspection at the offices of the city secretary or the health officer. Notwithstanding any other provision of this chapter the payment of any fees set under this section is not applicable: to the City of Denton or any political subdivision or agency of the State of Texas and the United States of America. b) Application fees for seasonal food service establishments shall be the same as those for any other similar full time food service establishment. c) An applicant shall not, under any circumstances, be entitled to a refund of application fees after an application has been filed. d) Fee Exemptions I ) Food vendors operated by a public entity, such as D.I.S.D., university, community college, or the City, may be exempt from paying the Food Vendor fee, if approved by the regulatory authority. 2) A food vendor that is not permanently permitted by the regulatory authority, but that is a recognized charitable or philanthropic organization,, or that has attained 50 1(c) (3) status from the Internal Revenue Service, may be exempt from paying the temporary food establishment fee for a permit for a temporary event, if approved by the regulatory authority. 3) Fee exemptions granted do not exempt any food establishment from the requirement of applying for, obtaining, and displaying a food vendor permit or from complying with the provisions of this section or any other applicable law. Permits are not transferable from one person to another or from one location to another location. A valid permit must be posted in or on every food establishment regulated by this ordinance, in a location conspicuous to the consumer. 171.4 Permit issuance. a) Upon receipt of an application and payment of the applicable fee, the health officer shall make an inspection of the premises where the business is to be conducted, If the premises comply with the terms of this article and with all current requirements of the zoning ordinance, other ordinances and state law, a pert-nit shall Ibe issued to the applicant upon payment of the permit fee. The applicable fees shall be set by city council by ordinance and the fee schedule shall be available for public inspection at the offices of the city secretary or the health officer. The applicant shall submit the applicable nonrefundable fee as set forth by city council before a permit will be issued. b) Notwithstanding any other provision of this chapter, the payment of any fees set under this section is not applicable to the City of Denton or any political subdivision or agency of the State of Texas and the United States of America. 1) In the event a food permit application is rejected, the administrator shall notify the applicant of the rejection in writing. The notice shall specify the reasons why the permit is denied. The decision of the administrator is final unless the applicant shall file an appeal as provided in Section 13-34. The decision of the administrator shall continue in effect until the final decision of the committee. 2) Permits shall not be transferable. A person who acquires an existing food set-vice establishment shall not operate the establishment without obtaining a new permit within ten (10) days from the date of the change of ownership. Page 26 of 34 sAcgaftour documents WrdinancesUWbod ordinance clean version (?3-18-14.doc 3) Upon change of ownership of a business, the new owner shall be required to meet current food establishment standards as defined in this code and state food rules before a permit may be issued by the Consumer Health Division. 4) If the establishment changes the name of the business only, they have 10 days from the date: of the name change to notify the Consumer Health Division in writing. 5) Each food service establishment shall display all valid health permits in public view in the establishment. a) A permit shall be valid for a period of twelve (12) months with the expiration date being the last day of the month the permit was issued; temporary, and seasonal permits shall expire in accordance with their terms, unless suspended or revoked by the health officer. b) Acceptance of a permit issued by the administrator constitutes agreement by the establishment to: 1) Comply with all conditions of the permit and all applicable provisions of this chapter; 2) Allow the lawful inspection of its facility and operations. 3) Inspections of newly constructed establishments prior to opening shall be done: i. when equipment is set in place; ii, at least 2 weeks prior to opening; and iii. At least 2 days prior to opening, 171.5 If inspections are called for before the establishment is ready for them, the owner may be charged an administrative fee. 171.6 Expiration and renewal of permits. a) A permit lapses and is void unless the applicable permit fee is received by the City of Denton before the expiration date of the existing permit. b) A pert-nit lapses and is void if the food service establishment operating under the permit constructs a new facility or changes ownership. c) Permit renewal fees that are not received by the expiration date, will be assessed an additional administrative fee. 171.7 Revocation of permit. The consurner health administrator may, after providing opportunity for a hearing, revoke a permit if the administrator determines that the manager or owner of a food service establishment has: a) Interfered with the health officer in the performance of his duties; or b) Been convicted twice within a twelve-month period for a violation of this chapter; or c) Failed to comply with a hold order or a condemnation order; or d) Failed to comply, within the time specified, with an order to correct or abate an imminent and serious threat to the public health or safety; or e) Intentionally or knowingly impeded a lawful inspection by the health officer; or f) Been closed two (2) or more times within a twelve-month period for conditions that constituted a serious and imminent threat to public health. Page 27 of 34 sAegahour dociumentsNordinances11 Wood ordinance clean version 03-18-14 doc 171.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person in charge of the food service establishment, in writing, of the reason for which the permit is being revoked and that the permit shall be revoked at the end of five (5) days following service of such notice unless a written request for a hearing is filed with the city by the holder of the permit within such five-day period. If no request for hearing is filed within the five (5) calendar day period, a final notice of revocation shall be served. Upon receipt of the final notice of revocation, the food service establishment shall immediately cease operation and the permit shall be considered finally revoked. 171.8 Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. 171.9 Service of notices. A notice provided for in this article is properly served when it is delivered to the holder of the permit, or the person in charge of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the city secretary. 171.1 ll Appeal from denial or revocation of a permit. If the health officer denies the issuance of a permit or a perm it is finally revoked, the officer shall send the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right to an appeal. 'The applicant or permit holder may appeal the decision of the health officer to the Health and Building Standards Commission — (HaBSCo) by giving written notice to the administrator within ten (10) days of the receipt of the denial or revocation notice. 171.11 Hearing. A hearing of the appeal shall be conducted by the Health and Building Standards Commission. The hearing shall be held at a time and place designated by the Health and Building Standards Commission. The Health and Building Standards Commission sliall hear and consider evidence offered Iby any interested person. Based upon the recorded evidence of such hearing, the Health and Building, Standards Commission shall sustain, modify or rescind any notice, or order, considered in the hearing by a majority vote and provide a written report of the hearing decision to the holder of the permit. The decision of the Health and Building Standards Commission is final as to administrative remedies, and no rehearing may be granted. Once the decision of the Health and Building Standards Commission is final under this section, the applicant or permit holder may appeal the decision to the state district court or court of appropriate jurisdiction. 171.12 Registration of food service establishments based outside city. A food service establishment or commissary operating, from a facility located outside the city that sells, distributes or transports food inside the city may not conduct operations inside the city unless the food service establishment: ,a) Furnishes the health officer with a certificate from a health authority having jurisdiction over the establishment indicating that the establishment complies with applicable health laws; or b) Furnishes the health officer other information that the administrator determines is necessary to enforce the provisions, of this chapter or otherwise protect the public health or safety. Section 229.171(g)(6) is an ended by adding, the following: Page 28 of 34 sMegahour docurnents%ordinances1 I 4Efbod ordinance dean version 03-18-14,doc 171.13 Authority to inspect. a) The health officer may inspect any and all things offered for sale, given in exchange or given away for use as food or drink for human consumption, and he/she shall have the authority to enter any food service establishment in the city, as authorized by law for the purpose of such inspection. b) The Consurner Health Division will conduct risk-based inspections and where the risk of food-borne illness is low, the Consumer Health Division, at its discretion, may lower the number of required inspections performed to a minimurn of one each year. However, if the Consurner Health Division feels that a food service establishment poses higher risk of food-borne illness, the Consurner Health Division shall conduct inspections as often as necessary to ensure enforcement of these rules. 171.14 Power to examine food service establishment records. a) The health officer shall have the authority to examine the records of a food service establishment in order to ensure compliance with all provisions of this ordinance or of state law. b) The health officer shall have the authority to require written documentation of coot down methods used and reheating times in order to verify compliance with food temperature items on the foodservice establishment inspection form. Section 229.171(i)(2) is amended by adding the following: 171.15 The city health officer, after proper identification, shall be perillitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with these rules. The officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons, employed. 171.16 The following types of establishments are exempt from inspection requirements: a) Group homes; b) Establishments selling only commercially packaged, non-potentially hazardous foods; c) Vending, machines that sells only cornmercially packaged, Non-PHF; and d) Facilities operated by nonprofit organizations for their members, families and invited guests. 171.17 Facilities are not exempt when food service is provided in conjunction with a child care facility, retirement center, hospital, school, indigent feeding program, or public fundraising events. Section 229.1710) is amended by adding the following: 171.18 Report of inspections. Whenever an inspection of a foodservice establishment is done, the health officer shall record the findings on the inspection report form. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). Tile health officer shall furnish a copy of the inspection report form to the person in charge of the establishment at the conclusion of the inspection. Section 229.1710)(6) is amended by adding the following: Page 29 of 34 sAlegahour docuisiient!s\ordinajiccs\14\ft)od ordinance clean version 03-18-14,doc 171.19 Re-inspection. a) Any food service establishment inspected by the City of Denton Consumer Health Division which receives a score of seventy-five: (75) or below on any inspection shall be re- inspected, �b) This re-inspection shall be performed in the same manner, using the sanie form, as the previous inspection. If, upon subsequent re-inspection of the establishment, the health officer finds that sufficient measures were not taken to bring the score above a total of seventy-five (75), lie will issue a citation and schedule a date for another re-inspection. The health officer shall continue to perform re-inspections until the establishment has made sufficient progress to warrant a score above seventy-five (75). The issuance of a citation for failure to meet the required score upon re-inspection shall not in any way limit the ability of the inspector to issue: any other citation for any violation of this chapter. d) Re-inspection for failure to meet the required score shall be performed within fourteen (14) calendar days immediately following, the original inspection, or as soon as possible thereafter, except that where an establishment is closed due to a score below sixty (60), pursuant to section 13-44, the original inspector shall determine the time ref f the re- inspection. e) Any food service establishment owner or manager that receives a score which he feels is unacceptable, may request a re-inspection. A re-inspection fee shall be required and shall be paid before the rc-inspection will be performed. The health inspector shall perform the requested re-inspection within two weeks of the re-inspection fee payment, Only one re-inspection may be requested within any six (6) month period. 171.20 Fee for re-inspection. a) The fee for re-inspection shall be one-half the annual permit fee of the establishment receiving the re-inspection. b) A re-inspection fee will be charged for each re-inspection necessary to bring the food establishment's score above seventy-five (75). c) Payment of the re-inspection fee shall not void, or in any way affect the responsibility of the owner or permit holder for payment of any fines for any other violations of this chapter. d) The person, partnership, or corporation listed as "owner' on the original application shall be responsible for payment of any and all fees,, including re-inspection fees, e) Payment of the re-inspection fee shall be made within 5 business days after the re- inspection is performed. 171.21 Violations. a) The Building Official of the City of Denton, or any of his designated employees, shall have the responsibility and power to enforce all provisions of this chapter within the corporate limits of the City of Denton, Texas. b) Whenever the health officer determines that there has been a violation of any provision of this chapter, which in his/her judgment can jeopardize the public health, or for violation of any items, which have been noted as problems on two (2) or more consecutive inspection reports,, the health officer may issue a written citation for said person to appear in court. Page 30 of 34 Olegal\Dur docurnen1s\ordinanccs\14\fbod ordinance clean version 03-18-14,doc c) It shall be unlawful for any person to knowingly give the health officer a false name when such officer requests the name of said person for purposes of enforcing the provisions of this chapter. Section 229.171(k) is amended by adding the following: 171.22 Authority to close. a) The health officer shall close without warning, any building or place described in this chapter and prevent its use for the storage, manufacture, or sale of food or drink for human consumption whenever: 1) The health officer, upon inspection of an establishment, finds sufficient violations which cause the rating score of said establishment to be below a total of sixty (60) points; 2) The health officer finds that an establishment is operating with no working refrigeration units; 3) The health officer finds that an establishment is operating without running water or hot water for a period of more than one (1) hour; 4) The health officer finds an establishment is operating without a functioning ware- washing machine or adequate sinks for manual ware-washing; and 5) The health officer finds any food service establishment with an unreasonable infestation of rodents or insects. b) It shall be the duty of the health officer to post a notice of closure for such conditions at the entrance of such building or place and to maintain the same until such conditions or practices have been removed or abated. c) No person shall rernove or alter in any way a sign, which has been posted by the health officer. Section 229.171(n) is amended by adding the following: 171.23 Examination and condemnation of food. The health officer shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The health officer shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. 171.24 Appeal from hold order. The hold order shall state that a request for hearing to appeal the hold order may be filed within five (5) days and that if no hearing is requested, the food shall be destroyed. If requested, a hearing shall be held on the basis of evidence produced at that hearing by the Health and Building Standards Commission, The Health and Building Standards, Commission may vacate the hold order or direct the owner or person in charge of the food to denature or destroy such food or to bring it into compliance with the provisions of this chapter. S ECT_19N 2. 'The Health Permit Fee Schedule set forth in Exhibit "A"' attached hereto and made a part hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application for, and issuance of, permits required for compliance with the provisions of Chapter 13 "Food and Food Service Establishments". Page 31 of 34 Olegalkour docurnentsWdinances1 I 4Wood ordinance clean version 03-18-14.doc SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance: shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. Any person violating any provision of this ordinance, shall upon conviction, be fined a sum not exceeding $2,000.100. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. If any provision of this, ordinance or application thereof to any person or circurnstance is held invalid by any court, such holding, shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such validity. SECTION 6. Save and except as amended hereby, all the sections, subsections, and clauses of Chapter 13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION 7. This ordinance shall become effective, after its passage and approval on, Macch.-IB. , 2014, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas within ten (I 0) days of the date of its passage. PASSED AND APPROVED this the -jB ..day 2014 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MARK A. B L,J 1� 1� &GH S, MAYOR 3 MEM s:�leg,al\our documents�orditiances\14tifood ordinance clean version 03-18-14.doc EXHIBIT A: Health Permit Fee: Schedule: Typ q f'. Jo I Ih Fee's - - -_ - -_-_--- Fcc Amount - --- - -_-_-_-- - - -- - -_ -- - ...... -,- I. Two year food handler card ... $25.00 2. Manager Certification Registering Fee with the City... $10.00 3. Swimming Pool Operator Certification . . . $50.00 4. Replacement Cards... $5.00 5. Beer and wine permit- New application processing fee . $25.00 6. Wine and beer retailer's permit on premises. . 1/2 of TABC charge 7. Wine and beer retailer's off premises ... 1/2 of TABC charge & Retail dealer's on premise license beer only V2 of TABC charge 9. Retail dealer's on premise late: hours license ... 1/2 of TABC charge 10. Mixed Beverage permit - application fee ... $25.00 11. Mixed Beverage permit fee V2of TABC charge 12, Mixed Beverage Late hours 1/2 of TABC charge 13. Annual swimming pool permit_ $160,00 14. Re-inspection Fee for pools _ $ 80.00 15. Small Restaurant <= 2,0100 sq ft... $3 1 O.00 16. Large Restaurant >= 2,001 sq ft... $485.00 17, Small Grocery Store <= 12,000 sq ft... $325.00 18. Large Grocery Store >= 12,1001 sq ft... $450.00 19. Convenience Store:, no Deli $250.00 20, Convenience Store with Deli $300.00 21, Bars $275.00 22. Concession Stands, Seasonal Permits $175,010 23. Mobile Food Unit - Class I (pre-packaged foods) $175.00 24. Mobile Food Unit - Class 2 (foods prepared on vehicle) $3110.00 25. Mobile: Food Unit - Class 3 $175.00 26. Mobile Food Unit - Class 4 $ 75.0'8 27. Daycare Facility... $1510.00 plus $1 .00/each child licensed 28, Nut-sing Home... $275.00 29, School Cafeteria... $150.00 30. Temporary Permit $35.00 31. *Farmer's/Community Market Annual Permit $240.00 32. *Farmer's/Comrn unity Market Monthly Permit .. $40.00 33. * *App] ication fee for all new permits $250.00 Page 33 of 34 Ofegal\our docunientAordinances\Wfbod ordinance clean version 03 -1 8-14,doc 34. ***Administrative Fee ... $ 35M Fees are non - refundable. *Sales of whole or uncut produce shall be exempt from permits and fees "Application fee shall not apply to Temporary Food Service Establishments *** Administrative fees may be charged for the following, but not limited to: late payment of any annual health permit fees; late application and payment of fees for temporary events; failure to have a mobile unit inspected when due; change of name of business only; re-inspections of new or remodeled establishments when contractor calls for inspection but is not ready when the inspectors begin the inspection. Page 34 of 34 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 15 -294, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Utility Administration ACM: Howard Martin, 349 -8232 Date: April 14, 2015 SUBJECT Receive a report and hold discussion on the Land Use Assumptions and 10 -Year Capital Improvements Plan related to the implementation of Road Impact Fees. BACKGROUND Staff currently uses the Mobility Plan, Connectivity Plan, current CIP project information, and the Transportation Criteria Manual along with the Denton Development Code (DDC) requirements to assess road exactions for proposed developments. In applying the road exaction ordinance embedded in the DDC, staff found several deficiencies as listed below: • Payments from the developer are specific to project location only. So the funds can only be used for any road improvements at that specific location. • Due to this specificity, City has over $2.3 million collected over time tied to specific locations. Use of these funds is not allowed until a city funded CIP project is constructed in that specific location. If a CIP project is constructed then these funds can be applied to the CIP project. Also, there is a 10 -year time window within which these funds have to be used otherwise the funds revert back to the developer. • Due to the road exactions tied to specific locations it leads to Roads /Sidewalks to Nowhere construction. • Unnecessary road transitions from the expanded road section along the frontage of the development to tie to existing roads are required. • The exactions are inherently inequitable: If a development is occurring on a TxDOT road or an already Improved Street then the developer can end up with no road exactions. However, if the street is classified as Unimproved Street, then the developer has to improve the perimeter street on the frontage of the development to current city standards, and pay for any signal cost participation. Depending on traffic generated there may be additional improvements required based on the Traffic Impact Analysis. • Off -site improvements are tied to traffic generation threshold based on a TIA for larger developments only, even though traffic generated from a smaller development project would still use off -site road capacity. • The exaction process does not yield what the dollar amount of the exaction will be until later in the development process when plans are developed to determine the construction quantities. It is therefore not predictable for developers. • Due to the exaction process not yielding costs until later in the development process it is difficult to do City of Denton Page 1 of 4 Printed on 4/9/2015 File #: ID 15 -294, Version: 1 due diligence. • Piece -meal approach and negotiations are inherent in the current road exaction process. The current exaction process does not allow City to capture value of excess capacity in existing street from developer if the street is classified as an Improved Street, and the developer does not have to improve the road. Due to the above noted limitations in the current DDC the City Council authorized the contract with Kimley- Horn & Associates, Inc. (KHA) on January 7, 2014 to implement the Road Impact Fees in Denton. How does the Road Impact Fee compare to the current DDC exaction process ?? Some of benefits of using Road Impact Fee over the current street exaction process are listed below: • Allowable by state law • Alleviates burden of constructing new facilities on existing tax payers. • Allows recoupment of projects costs already constructed which contain oversized or excess capacity. • Allows for implementation of key system improvements over piece -meal approach. • Predictability for developers by providing up front knowledge of the exact fee to be imposed. Fairly charges based on system impacts. • Allows for pooling of funds. • Establishes rough proportionality. Allows clear identification of developer credits. • No more piece -meal negotiations Road Impact Fees The consultant scope of work for implementation of the Road Impact Fees is summarized below; 1. Project Initiation and Management 2. Land Use Assumptions 3. Master Plan Review and Impact Fee Capital Improvements Plan (CIP) 4. Maximum Fee Calculations and Rate Analysis 5. Roadway Impact Fee Study Document and Adoption Process 6. Administration Tools Land Use Assumptions In the City Council March 24 meeting, staff presented the results of the Travel Demand Model to update the Mobility Plan. For the implementation of the Travel Demand Model and the Road Impact Fees, KHA developed the Land Use Assumptions (Exhibit 1). These Land Use Assumptions are based on and were fully coordinated with the Denton Comprehensive Plan Amendment consultant development of the Future Land Use Plan (FLUP). Using the FLUP as the base, KHA has prepared the existing condition, build -out condition and then the 10 -year land use assumptions for the 2014 -2024 planning window as required by the Chapter 395 of the Texas Local Government Code for implementation of the Road Impact Fees. The following factors were considered in developing these projections: Character, type, density, and quantity of existing development; Current zoning plans; Future Land Use Plan (based on Denton Plan 2030); Growth trends; City of Denton Page 2 of 4 Printed on 4/9/2015 File #: ID 15 -294, Version: 1 • Location of vacant land; Physical restrictions (i.e. flood plains, railroads); and Physical development capacity of Denton. Using the FLUP and the above factors KHA has developed the 10- Year Land Use Assumptions. Table 1 below summarizes the residential and employment 10 -year growth projections. The projected growth over the next ten years is reasonable compared to the historical growth over the previous ten years. Table 1. Residential and Employment 10 -Year Projections Roadway Capital Improvements Plan The FLUP as prepared by the Planning department's consultant was fleshed out by KHA to project future vehicle trips based on the land use as shown in Table 1 above. Using the Proposed Mobility Plan and the Travel Demand Model results then, KHA has analyzed the existing capacity of the roads and projected the capacity requirements for the 10 -year impact fee planning window based on the traffic generated from the 10 -year land use assumptions. Based on the existing capacity available and the projected capacity required, KHA then developed a 10 -year impact fee capital improvements plan (CIP) that includes the extents of the projects and the estimated costs (Exhibit 1). This CIP then becomes the basis of calculating the Road Impact Fees for new development's impact on the Denton roadway system. The detail of all projects included in the CIP in each of the Service Areas and the cost of each project is shown in Exhibit 1. A summary of the CIP for the 10 -year horizon is shown below for the five Service Areas established for the implementation of the Road Impact Fees; Service Areas Residential Employment Service Area Single Family ulti - Family Basic Service Retail Dwelling Units Sq. Ft. Sq. Ft. Sq. Ft. S 10.269.879 3,713 S 14.353.615 3,685,975 960,894 681,432 B 909 211 518,915 32,021 419,263 C 1,033 S32 580,537 1,222,722 2,530,669 D 702 187 850,814 193,124 466,617 E 390 1,099 732,932 1,014,708 897,984 Sub -Total 6,748 1328 6,569,173 ,423,469 ,995,965 Total ,076 14,988,607 Roadway Capital Improvements Plan The FLUP as prepared by the Planning department's consultant was fleshed out by KHA to project future vehicle trips based on the land use as shown in Table 1 above. Using the Proposed Mobility Plan and the Travel Demand Model results then, KHA has analyzed the existing capacity of the roads and projected the capacity requirements for the 10 -year impact fee planning window based on the traffic generated from the 10 -year land use assumptions. Based on the existing capacity available and the projected capacity required, KHA then developed a 10 -year impact fee capital improvements plan (CIP) that includes the extents of the projects and the estimated costs (Exhibit 1). This CIP then becomes the basis of calculating the Road Impact Fees for new development's impact on the Denton roadway system. The detail of all projects included in the CIP in each of the Service Areas and the cost of each project is shown in Exhibit 1. A summary of the CIP for the 10 -year horizon is shown below for the five Service Areas established for the implementation of the Road Impact Fees; Service Areas A B C ID F Cost of Roadway Impact Fee CIP � 58.986.678 S 10.269.879 S 45.037.429 S 14.353.615 $ 30.153.910 Attributable to Grmvth with Financing Road Impact Fee Adoption Process Chapter 395 of the Texas Local Government Code stipulates a specific process for the adoption of Roadway Impact Fees. A Capital Improvement Advisory Committee (CIAC) is required to review the Land Use Assumptions and Roadway Impact Fees CIP used in calculating the maximum fee, and to provide the Committee's findings for consideration by the City Council. This CIAC also reviews the Roadway Impact Fee City of Denton Page 3 of 4 Printed on 4/9/2015 hrv,/oi(dbyIcx:ls i''I File #: ID 15 -294, Version: 1 ordinance and provides its findings to the City Council. The composition of the CIAC is required to adequately represent the building and development communities. The City Council then conducts a first public hearing on the Land Use Assumptions and Roadway Impact Fee CIP and a second public hearing on the Roadway Impact Fee Ordinance. Following policy adoption, the CIAC is tasked with advising the City Council of the need to update the Land Use Assumptions or the Roadway Impact Fees CIP at any time within five years of adoption. Finally, the CIAC oversees the proper administration of the Impact Fee, once in place, and advises the Council as necessary. RECOMMENDATION Staff is seeking guidance on the Land Use Assumptions and Capital Improvements Plan for the implementation of the Road Impact Fees 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 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 5, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the Traffic Safety Commission January 13, 2015: Update to Mobility Committee on the proposed changes to the Mobility Plan and street sections conforming to context sensitive solution design March 24, 2015: Presentation of the Travel Demand Model and proposed changes to the Mobility Plan to the City Council EXHIBITS L KHA DRAFT Report on Land Use Assumptions and Capital Improvements Plan 2. Land Use Assumptions and Capital Improvement Plan Presentation File Respectfully submitted: P. S. Arora, P.E. City of Denton Page 4 of 4 Printed on 4/9/2015 EXHIBIT I II. LAND USE ASSUMPTIONS A. PURPOSE AND OVERVIEW In order to assess an impact fee, Land Use Assumptions must be developed to provide the basis for population and employment growth projections within a political subdivision. As defined by Chapter 395 of the Texas Local Government Code, these assumptions include a description of changes in land uses, densities, and population in the service area. In addition, these assumptions are useful in assisting the City of Denton in determining the need and timing of transportation improvements to serve future development. Information from the following sources was compiled to complete the land use assumptions: • Denton Plan 2030 (City of Denton Comprehensive Plan) • Denton County Appraisal District (DCAD) • North Central Texas Council of Governments (NCTCOG) • City of Denton staff The Land Use Assumptions include the following components: • Land Use Assumptions Methodology — An overview of the general methodology used to generate the land use assumptions. • Roadway Impact Fee Service Areas — Explanation of the division of Denton into service areas for transportation facilities. • Residential and Employment— Data on residential and employment growth within the service area over the next ten years (2014 — 2024). • Land Use Assumptions Summary — A synopsis of the land use assumptions. 2014 Roadway Impact Fee Study 3 DRAFT - April 2015 City of Denton, Texas ir (J liw� The population and employment estimates and projections were all compiled in accordance with the following categories: Units: Number of dwelling units, both single and multi - family. Population: Number of people, based on person per dwelling unit factors. Einployinent: Square feet of building area based on three (3) different classifications. Each classification has unique trip making characteristics. Retail: Land use activities which provide for the retail sale of goods which primarily serve households and whose location choice is oriented toward the household sector, such as grocery stores and restaurants. Service: Land use activities which provide personal and professional services, such as government and other professional offices. Basic: Land use activities that produce goods and services such as those which are exported outside of the local economy, such as manufacturing, construction, transportation, wholesale, trade, warehousing, and other industrial uses. The categories in the Land Use Assumptions match those used to develop the travel demand model for the City of Denton. These broader categories are used in the development of the assumptions for impact fees; however, expanded classifications used in the assessment of impact fees are found in the Land Use / Vehicle -Mile Equivalency Table (Pg. 45). 2014 Roadway Impact Fee Study q DRAFT - April 2015 City of Denton, Texas K"Imley)Morn 's DENTON B. LAND USE ASSUMPTIONS METHODOLOGY The residential and non - residential growth projections formulated in this report were performed using reasonable and generally accepted planning principles. The following factors were considered in developing these projections: • Character, type, density, and quantity of existing development; • Current zoning plans; • Future Land Use Plan (based on Denton Plan 2030); • Growth trends; • Location of vacant land; • Physical restrictions (i.e. flood plains, railroads); and • Physical development capacity of Denton. Existing residential and employment estimates were obtained using Denton Central Appraisal District (DCAD) parcel data and an aerial survey of existing development. Building data from the Texas Higher Education Coordination Board were also obtained to accurately reflect existing development within The University of North Texas and Texas Women's University campuses, as these are tax - exempt institutions for which no information was available in the DCAD parcel data. For the remaining undeveloped areas, assumptions based upon the City's Future Land Use Plan were used to estimate the ultimate buildout of residential and employment development. To determine what undeveloped portions of the City were likely to develop in the next ten years, the known development areas within the City were assumed to be fully developed. Research of historical building permits was performed to compare the projected growth of these known development with previous growth trends in the City of Denton over the last ten years. During the last ten years, approximately 9,516 residential units and 12 million 2014 Roadway Impact Fee Study 5 DRAFT - April 2015 City of Denton, Texas C. ROADWAY IMPACT FEE SERVICE AREAS The geographic boundary of the proposed impact fee service areas for transportation facilities is shown in Exhibit 1. The City of Denton is currently divided into five (5) service areas, each based upon the six (6) mile limit, as required in Chapter 395 (explained on Pg. 21). For roadway facilities, the service areas as required by state law are limited to areas within the current corporate limits. Therefore, areas within the extraterritorial jurisdiction (ETJ) and non - annexation areas (NAAS) are excluded from this study. It should be noted that at locations where service area boundaries follow a City thoroughfare facility, the proposed boundary is intended to follow the centerline of the roadway, unless otherwise noted. In cases where a service area boundary follows the City Limits, only those portions of the transportation facility within the City Limits are included in the service area. 2014 Roadway Impact Fee Study 6 DRAFT - April 2015 City of Denton, Texas Milam C Exhibit 1. Proposed Service Areas 2014 Roadway Impact Fee Study 0 0.5 1 2 3 Miles 1 in = 2 miles -- 1 Kimley)>>Horn April 2015 DENTON 2153 Legend Service Areas ��pppp��pppp��ppppA VI�IVDVI�IV�VI�IV���B IC o E Non - Annexation Areas Streets vi vi vi vi vi vi vu Freeway /Highway Principle Arterial Other Roadways —i — Railroad ir (J D. RESIDENTIAL AND EMPLOYMENT liw� Residential and Employment estimates for the base year (2014) were performed based upon a survey of the existing land uses on DCAD parcel data, aerial verification, and college campus building data. Build -out projections were prepared by combining the existing land uses within the service area with reasonable density assumptions for undeveloped land based upon the Denton Plan 2030 - Future Land Use Plan. Ten year growth projections were prepared based upon historic growth trends, location of recent and known development within the City, and consultation with City staff. Exhibit 2 presents the existing City limits and the proposed service areas, combined with the Future Land Use Plan. E. LAND USE ASSUMPTIONS SUMMARY Table 1 summarizes the residential and employment 10 -year growth projections. The projected growth over the next ten years is reasonable compared to the historical growth over the previous ten years, as described on page 5. Table 1. Residential and Employment 10 -Year Projections 2014 Roadway Impact Fee Study 8 DRAFT - April 2015 City of Denton, Texas Residential Employment Service Single Family Multi- Family Basic Service Retail Area Dwellin g Units S . Ft. S . Ft. S . Ft. A 3,713 0 3,685,975 960,894 681,432 B 909 211 618,915 32,021 419,263 C 1,033 832 680,537 1,222,722 2,530,669 D 702 187 850,814 193,124 466,617 E 390 1,099 732,932 1,014,708 897,984 Sub -Total 6,748 2,328 6,569,173 3,423,469 4,995,965 Total 9,076 14,988,607 2014 Roadway Impact Fee Study 8 DRAFT - April 2015 City of Denton, Texas d L 12449 101,111111 Mi 21 Legend Denton Future Land Use Plan Residential - Low Density Streets Business Innovation '..... Residential - Moderate Density Freeway /Highway Commercial i....... Neighborhood Mixed Use — Principle Arterial Community Mixed Use Parks / Open Space . Other Roadways - Downtown Denton Regional Mixed Use —+— Railroad Downtown Compatibility Area Rural Areas Government/institutional (4 j Neighborhood /University Compatibility Area - Industrial Commerce ir (J liw� III. ROADWAY IMPACT FEE CAPITAL IMPROVEMENTS PLAN Development of a 10 -year Roadway Impact Fee Capital Improvement Plan is required per Chapter 395 of the Texas local Government Code. To accomplish this, the current Denton Mobility Plan has been updated using a Denton Specific Travel Demand Model. The Travel Demand Model was developed using the existing roadway network and residential and employment data to develop a baseline scenario. This scenario was calibrated using existing vehicle counts. Several build -out scenarios were run using the build -out residential and employment data to assist in completing the updated mobility plan map. This updated mobility plan map serves as the basis for this Roadway Impact Fee CIP. The Roadway Impact Fee CIP includes arterial and collector class roadway facilities that serve the overall transportation system, as well as major intersection improvements. All of the facilities identified are included in the proposed mobility plan map. The proposed Roadway Impact Fee CIP is listed in Tables 2.A — 2.E and mapped in Exhibits 3.A— 3.E. The tables show the length of each project as well as the facility's Mobility Plan classification. The Roadway Impact Fee CIP was developed in conjunction with input from City of Denton staff and represents those projects that will be needed to accommodate the growth projected in the Land Use Assumptions section of this report. 2014 Roadway Impact Fee Study 10 DRAFT - April 2015 City of Denton, Texas ir wrfg liw� Table 2.A. 10 -Year Roadway Impact Fee Capital Improvements Plan - Service Area A Service Area 1?roj. # IF Class Roadway Limits Length (�) % In Service Are a A -1 --- SA Jim Christal al (1) 490' E of C. Wolfe to Thomas J. Egan _ 0.28 _50 %0 A -2, C -21 SA Jim Christal (2) 225' E of Future Loo to Masch Branch 0.75 50% A-3, C-22 ......... PA ......... Jim Christal (3) ......... ......... ......... ......... Masch Branch to Sc ture ......... .. ........ ......... .......... riP ......... 1.23 50% A -4 PA Jim Christal (4) Scripture to I -35 SBFR 0.60 100% A -5 ....................................................................................................................................................................................................................................................................................................................................................................................................................... PA Airport Masch Branch to I -35W SBFR 1.75 100% ............................... A -6 SA Amyx C. Woffe to FM 2499 2.60 100% A -7 SA Shelby Westcourt/Underwood to Corbin 0.61 100% A -8 SA Cole Ranch E-W SA #I Cole Ranch N -S SA to Future Loo 0.87 100% A -9 SA FM 2499 (1) C. Wolfe to 345' E of Cole Ranch - Hunter Ranch Arterial 1.07 100% A -10 SA FM 2499 (2) 345' E of Cole Ranch - Hunter Ranch Arterial to Underwood 1.27 100% A -11 SA Cole Ranch E-W SA 92 Cole Ranch N -S SA to Cole Ranch - Hunter Ranch Arterial 1.06 100% A -12 SA H. Lively (1) 725' E of Seabron to 1,975' W of C. Wolfe 0.74 100% A -13 SA H. Lively (2) 1,975' W of C. Wolfe to C. Wolfe 0.37 50% A -14 SA H. Lively (3) C. Wolfe to John Paine/Underwood 2 2.40 100% A -15 PA Florence -Ed Robson Arterial Florence to Ed Robson 1.53 100% Hunter Ranch Arterial Hunter Ranch N -S Col # 1 to Brush Creek 2.22 100% tSA PA Brush Creek (1) Hunter Ranch N -S Col #2 to I -35W 2.71 100% SA Ed Robson FM 2449 to 220' N of C,00dland 2.30 100% A -19 C C. Wolfe Tom Cole to FM 2449 1.58 50% A -20 SA H. Lively (4) FM 2499 to H. Live 0.63 50% A -21 SA Cole Ranch N -S SA Tom Cole to H. Lively 2.39 100% A -22 PA Cole Ranch - Hunter Ranch Arterial Am to Hunter Ranch Arterial 3.43 100% A -23 PA Future Loop (2) Jim Christal to 4,965' S of Jim Christal 0.94 100% A -24 PA Future Loop (3) 260' N of Tom Cole to FM 2449 1.78 100% A -25 PA Future Loop (4) 1,040'W of Am to Underwood 0.57 50% A -26 PA Future Loop (5) Underwood to I -35W SBFR 0.73 100% A -27 C Jim Christal -Tom Cole Collector ..... Jim Christal to Tom Cole ............................... _.................. _.................. _.................. _.................. _....................................................................... 0.76 ............................... 100% _.................. _.... A -28 SA (1/2) Westcourt Airport to S rin side 0.79 100% A -29 SA Westcourt/Underwood SpKiugside to 1,700' S of S rin side 0.32 100% A-30 SA Underwood (1) 1,700' S of Springside to 2,655' N of FM 2449 0.29 _50 % A -31 SA Underwood (2) 2,655' N of FM 2449 to FM 2449 0.50 100% A -32 ......... SA ........ John Paine/Underwood (1) ......... ......... ......... ......... FM 2449 to 1 265 N of H Live ......... .. ........ ......... .......... ........... ......... ......... 0.72 50% A -33 SA John Paine/Underwood (2) 1,265' N of H. Live to 970'N of Brush Creek 0.62 100% 34 ................................................................................................................................................................................................................................................................................................................................................................................................... SA John Paine/Underwood (3) 970' N of Brush Creek to Brush Creek 0.18 100% ............................... 35 PA (2/3) Western ..... Jim ChristaIto Airport ............................... _.................. _.................. _.................. _......................................................................................... 1.23 ............................... 100% _.................. _.... IA-36 C Precision (1) Jim Christal to 1,775' N of A' ort 0.42 100% 37 C Precision 2 1,775' N of Airport to Airport 0.34 100% Note: The 10 -Year Roadway Impact Fee CIP is not in a prioritized order. 2014 Roadway Impact Fee Study j j DRAFT - April 2015 City of Denton, Texas ir wrfg liw� Table 2.13. 10 -Year Roadway Impact Fee Capital Improvements Plan - Service Area B Service Area Proj. # IF Class Roadway Limits Length (�) % In Service Are a B -1 C Parvin 1h bland Park to McCormick 0.51 100% B -2 SA Hobson Country Club to Teaslev 1.14 100% B 3 .................................................................. PA Vintage ............................... ......... ......... 490' W of Bonnie Brae to Fort Worth US 377 .0' ..................................................a........... ..F............................ . 0.96 100% B -4 C ElPasco Count Club to Belmont 0.36 100% .,......... B_5 ....................... S......,..................,...................,...................... Ry.. an.....,...................,...................,......... ........,...................... .,...................,..Country Club to Teasle .........,.......... .........,...................,. ...........2.:06............... 100% o..,.... B -6 SA (1/2) Robinson (1) Teasiev to 220' E of wheeler Ride 0.52 100% B -7 SA (1/2) Robinson (2) 175' E of Berklev to 315' E of State School Rd 0.13 100% B -8 C (1/3) Creekdale (1) R an to 660' S. of R an 0.13 100% B -9 C Creekdale (2) 660' S. of R an to Thistle Wa 0.67 100% B -10 C (1/3) Creekdale (3) Thistle Way to Rive ass 0.12 100% B -11 C Creekdale (4) 210'E of Riverchase Trail to 280'W of Pimlico 0.60 100% B -12 PA Brush Creek (2) I -35W NBFR to 2,010' E of John Paine Future 0.75 100% B -13 PA Brush Creek (3) 2,010' E of John Paine Future to Fort Wort US 377 0.71 100% B -14 PA Brush Creek (4) Fort Worth US 377 to Count Club 1.33 100% B -15 PA Hickory Creek (1) Country Club to Rive ass 1.08 100% B -16 PA Hickory Creek (2) Rive ass to Montecito 0.43 100% i B -17 PA Hickory Creek (3) Montecito to Teasle 0.85 100% B -18 PA (1/3) Hickory Creek (4) Teasley to Nautical 0.25 100% B -19 ... �...-..-.....-..._.......-... PA (2/3) m....-..-..-... m.....- Hickory Creek (5) ..- ...m....- ..- ..- ...m.. -..-..-..-... m....-..-..-... m....- ..- ..- ...m....- ..- ..- ...m....- Nautical to Erin -..-... m....-..-..-..-... m....-..-..-... m....-..-..-... m....-..-..-... m....-..-..-... m....-..-..-..-... m....-..-..-... m....-..- ..- ...m..._..- 0.13 ..- ...m............ 100% _. _....m. ................ B -20 PA Hickory Creek (6) Erin to State School Road Future 0.09 100% B -21 C John Paine -Fort Worth Collector John Paine to Fort Worth US 377 0.73 100% B -22 C John Paine Vintage to 135'N of Athens 2.30 100% B -23 SA Bonnie Brae (4) I -35E SBFR to Vintage 2.77 100% B -24 SA Bonnie Brae (5) Vinta e to Fort Worth US 377 1.07 100% B -25 C Highland Park 130' S of Willowcrest to Roselawn 0.78 100% B -26 PA Fort Worth (US 377) I -35E to S City Limits 5.13 100% B -27 SA FM 1830 (1) Fort Worth US 377 to Brush Creek Reafi ed 2.37 100% B -28 SA FM 1830 (2) Count Club to Hickory Hill 2.26 100% B -29 SA Country Club FM 1830 Realigned) to S Citv Limits 1.47 100% B -30 C Old Alton- Hickory Hill Collector Old Alton to HickM Hill 0.50 100% B -31 C Ryan - Creekdale Collector Ran to Creekdale 0.48 100% B -32 I PA I Teasley Sundown to S City Limits 1 3.39 1 100% Note: The 10 -Year Roadway Impact Fee CIP is not in a prioritized order. 2014 Roadway Impact Fee Study 12 DRAFT - April 2015 City of Denton, Texas ir wrfg liw� Table 2.C. 10 -Year Roadway Impact Fee Capital Improvements Plan - Service Area C Service Are a Proj. # IF Class Roadway Limits Length (�) % In Service Are a C -1 SA Milam (1) I -35 SBFR to 175' E of I -35 NBFR 0.09 100% C -2 SA Milam (2) 175' E of I -35 NBFR to FM 2164 (Locust) ...................................................................................._................._.................._.............-.._............... 2.28 50% ............................... C -3 C Bobcat 1,105'W of Mikmt Ride to HOD N -S Seconda Arterial 0.41 100% C -4 PA Cramer 230' W. of Rector to Future Cindy 0.63 50% C -5 PA Ganzer/Long (1) 625' W of I -35 SBFR to 350' E of I -35 NBFR 0.22 100% C -6 SA Ganzer/Long (2) Gamer t FM 2164 Locust 2.15 100% C -7 C Barthold -Cind Collector Barthold to 1,135'W of Cind Future 0.21 1009/. C -8 C Masch Branch -I -35 Collector 1,295' W of I -35 to I -35 0.25 100% C -9 SA HOD E -W Seconda Arter al (1) HOD N -S Seconda Arterial to 840' E of HOD N -S 0.16 1009/. C -10 SA HOD E -W Secondary Arterial (2) 840' E of HOD N -S Seconda Arterial to 130' E of Bonnie 0.44 50% C -11 SA HOD E -W Secondary Arterial (3) l30' E of Bonnie Brae Existin to FM 2164 Locust 2.86 100% C -12 PA HWY 1173 (1) 460'E of Masch Branch Existin to 375' E of Barthold 0.52 50% Cl-..l 3 ................................................................... PA HWY 1173 (2) ............................... .......... ......... Lind to I -35 SBFR ........................................................................... Y..................... ............................... 0.60 ............................. 100% ............................... C -14 PA (1/3) Elm (US 377) I -35 NBFR to Ehn/Locust Couplet 3.01 100% .,....... C- 15 ......................... C.........,..................,..... ..............,................ Hercules ,...................,.................. .,.................,........... ............,............1.15.. E.. of Northpointe to Locust...................,.... ...............,............0:4 .1................,100 % °..,.... C -16 SA Westgate (E -W) West ate -S to Bonnie Brae 0.56 100% C -17 SA Riney (1) Bonnie Brae to 575'W of Elm 0.46 100% C -18 SA Riney (2) 575' E of Elm to Elm 0.11 100% C -19 SA Masch Branch -I -35 Secondary Arterial Masch Branch to I -35 SBER 1.34 100% C -20 SA Jim Christal (1) 490' E of C. Wolfe to Thomas J. Egan 0.79 50% A -2, C -21 SA Jim Christal (2) 225' E of Future Loo to Masch Branch 0.75 50% A -3, C -22 PA Jim Christal (3) Masch Branch to Sc 'tore 1.23 50% C -23 SA Nail (1) University to 2,240' S of Univers' 0.42 50% C -24 SA Nail (2) 2,240 S of University to Jim Christal 0.47 100% C -25 C Thomas J Egan (1) 555' N. of University to 550' S of University 0.21 100% C -26 C Thomas J Egan (2) 550' S of University to Jim Christal 0.66 50% C -27 PA Future Loop (1) University to 745' N of Jim Christal 0.56 100% C -28 PA Masch Branch (1) 1,290' S of HWY 1173 to Miller 0.79 50% C_ -29 _PA_ _Masc_h_B_ran_c_h_(2) 895' W of Future Looto 1,255'N of Universes 0.59 10_0_% C -30 PA Masch Branch (3) 1,255'N of University to Jim Christal 1.02 100% C -31 SA Lover's Lane (1) HWY 1173 to 325'N of Fruth 0.27 50% C -32 SA Lover's Lane (2) 325' N of Truth to 340' N of Littlebrook 0.17 100% C -33 SA Lover's Lane (3) 340' N of Littlebrook to Hook 0.10 50% C-34 SA Lover's Lane (4) Hook t Masch Branch -I -35 SA 0.71 100% C -35 SA Barthold Cramer to Ci Limits 0.58 50% C -36 SA Cindy (1) Ganzer to 1,280' S of Ganzer 0.24 50% C -37 SA Cindy (2) 1,280' S of Ganzer to Masch Branch -1 -35 Collector 0.41 100% C -38 SA Cindy (3) FM 1173 Future to 150' S of Future Loo 0.42 100% C -39 SA Cindy (4) 1,050'N of Masch Branch -I -35 PA to Tieszen 0.82 100% C -40 SA Cindy (5) Tieszen to University 0.36 100% C -41 PA (2/3) Western (1) University to Jim Christal 0.80 100% C-42 C Milam Bobcat Col Milam to Bobcat Future 0.57 100% C -43 SA HOD N -S Secondary Arterial (1) Milam to 220' S of Bobcat 0.58 100% C -44 SA HOD N -S Secondary Arterial (2) 2830' N of Elm to Elm 0.54 100% C -45 SA Heritage Trail Univerto Sciture 0.77_ 100% C -46 PA Bonnie Brae (1) Milam to Lo 288 EBFR 3.17 100% C -47 SA Bonnie Brae (2) Loo 288 EBFR to 860'N of Riney 0.43 100% C- 48,E -14 SA Bonnie Brae (3) University to I -35 1.41 50% C -49 C Fallmeadow 140' S of Meadow Ede to Gardenview 0.19 100% C 50,D 46 PA FM 2164 (Locust) (1) Ci Limits to Lo 288 WBFR 2.70 50% C- 51,D -47 PA FM 2164 Locust 2 Loop 288 WBFR to Elm 1.41 1 50% Notes: The 10 -Year Roadway Impact Fee CIP is not in a prioritized order; HOD: Hills of Denton 2014 Roadway Impact Fee Study 13 DRAFT - April 2015 City of Denton, Texas ir wrfg liw� Table 2.1). 10 -Year Roadway Impact Fee Capital Improvements Plan - Service Area D Service Are a Proj. # IF Class Roadway Limits Length (�) % In Service Are a D -1 C FM 2164- Brittany Hill Collector (1) 1,605' E of FM 2164 to 745' W of Mesquite Ride 0.57 100% D -2 C FM 2164- Brittany Hill Collector (2) 745'W of Mes uite Rid e to Mes uite Ride .................. _.8............. _........... 9....................... 8............................... 0.14 ............................... 50% _ ....... ........... _.... D -3 C FM 2164- Brittany Hill Collector (3) Mesquite Ride to Brittany Hill 0.49 100% D -4 SA FM 2153 (Realigned) Ci Limits to 620' S of Somerset 2.03 100% D -5 PA FM 2164 -FM 2153 (Realigned) PA FM 2164 Locust to Indian Wells Future 0.73 100% D -6 PA FM 2164 -FM 2153 (Realigned) PA Mes uite Rid e Future to FM 2153 Rea ' ed 1.79 100% D -7 SA FM 2164 -FM 2153 SA (1) ......... ......... ......... FM 2164 (Locust) to Indian Wells (Future) ......... ...,.... 0.93 ......... .......... 100% .......... D -8 ............. SA FM 2164 -FM 2153 SA (2) ........._.........._......_.._........................................................................................................................_.................._.... 540' E of Green Valley (Future) to FM 2153 .............._................ _................_.............................................................................................. 0.90 ......._.................._.... 100% D -9 SA Shepard 1,490' W of FM 2153 to FM 2153 0.28 100% D -10 C Grabble Springs- Chapman Collector 630' N of FM 2164 - Brittany Hill Collector to Grabble Springs 1.69 100% FM 2164- Brittany Hill Collector to D -11 C Mesquite Ridge (1) 0.52 0 100% 400 N' of FM 2164 -FM 2153 Rea ed PA 400 N' of FM 2164 -FM 2153 (Realigned) PA to D -12 C Mesquite Ridge (2) 0.16 50% 470' S of FM 2164 -FM 2153 Rea ' ed PA D -13 C Mesquite Ridge (3) 470' S of FM 2164 -FM 2153 (Realigned) PA to 0.10 100% 1,005' S of FM 2164 -FM 2153 Reafi ed PA 355' S of Covey to D -14 SA Brittany Hill (1) ' 0.78 100% 795' S of FM 2164 -FM 2153 Rea ed PA 795' S of FM 2164 -FM 2153 (Realigned) PA to D -15 SA Brittany Hill (2) 0.20 50% 770' N of FM 2164 -FM 2153 SA 5-16 PA Chapman -FM 2153 PA 890' S of Cha man to FM 2153 0.24 1000/- 6-17 C FM 2153 (1) Ci Limits to Bur er I'll 1.44 100% D -18 C FM 2153 (2) Bur er to FM 2153 Reafi ed 0.27 100% D -19 C FM 2153 (Realigned) -FM 2153 Collector FM 2153 Rea ' ed to FM 2153 0.79 100% p D -20 SA FM 2153 (3) 620' S of Somerset to Sherman 1.14 50% D -21 SA Green Valley (1) Warschun to 860' S of Warschun 0.16 100% D -22 SA Green Valley (2) 860' S of Warschun to Sherman 0.23 100% D -23 SA Milani (3) FM 2164 Locust to 605' E of FM 2164 Locust 0.11 100% D -24 SA Bobcat (3) FM 2164 Locust to 515'E of FM 2164 Locust 0.10 100% D -25 SA Cooper Creek (1) 860' W of Hartlee -Coo r Collector #1 to Hartlee Field 2.13 100% D -26 SA Cooper Creek (2) Hartlee Field to Universi 2.21 100% D -27 C Golden Circle Hartlee Field Future to Hartlee Field Existn 1.78 100% D -28 SA Hartlee Field (1) FM 2164 Locust to 500'E of FM 2164 Locust 0.09 100% D -29 SA Hartlee Field (2) West ' .......... .. . 1......2....1 .. 100% ..... .._.... D -30 C Collins Coo er Creek to Collins Existin 1.16 100% D -31 C Long (1) FM 2164 Locust to 525' E of FM 2164 0.10 100% D -32 C Long (2) City Limits to Stuart 0.34____I00%__ D -33 C Hartlee (1) Sherman to 480' W of Woodland Hill 0.43 100% D -34 ........ C ......... Hartlee (2) ......... ......... ..�... ......... 480'W of Woodland Hill to Hartlee Field 0.17 100% D -35 C Lane Webb to Post Oak Future 0.85 100% D.: 3C ........... .............C.........,....... ...........,.............Kings - Windsor Collector ................,......... ........,...................... .,...................,....Kings Row to Windsor ...................................................................................................... 0.09 100% ............................... D -37 C Windsor 410' E of Saints to Cooper Creek ....................................... 1.02 ......._.................._.... 100% D -38 SA Mingo (2) Universi to Lane 1.45 100% D -39 PA Post Oak (1) City Limits to 645'N of Hartlee Field 0.31 50% D -40 PA Post Oak (2) 645' N of Hartlee Field to Universi 2.23 100% D -41 C Deerwood Hartlee to 680' N of Kings Row 0.85 1000/. D -42 C Hartlee- Cooper Col #1 Hartlee Field to Cooper Creek 0.63 100% D -43 C Hartlee- Cooper Col 42 Hartlee Field to Coo r Creek 0.82 1000/. D -44 PA Sherman (1) Locust to Lo9p 288 WBFR 2.30 100% D -45 PA Sherman (2) Loop 288 WBFR to City Limits 4.65 100% ................ C- 50,D -46 PA FM 2164 (Locust) (1) Ci Limits to Lo 288 WBFR 2.70 50% C- 51,D -47 PA FM 2164 Locust 2 Loop 288 WBFR to Elm 1.41 50% Note: The 10 -Year Roadway Impact Fee CIP is not in a prioritized order. 2014 Roadway Impact Fee Study 14 DRAFT - April 2015 City of Denton, Texas ir wrfg liw� Table 2.E. 10 -Year Roadway Impact Fee Capital Improvements Plan — Service Area E Service Area Proj. # IF Class Roadway Limits Length (�) % In Service Are a E -1 SA Mingo (1) 435' NE of Bell to Universi 2.06 100% E -2 C Lattimore Ruddell to 475'E of Ruddell 0.09 100% E -3 ......... C ......... Audra ......... ......... ......... ......... Ba field to Loo 288 ._....... P 0.27 100% E -4 C Blagg Ma hill to Lakeview 1.28 100% E- 5 ................ .......SA...................... ...,...................McKinney (FM 426)...,...................,.................,....... ................,.............. Woodrow to East City Limits...,...................,.... ...............,............3.. 95................,100 %0..,.... E -6 C Duchess (1) Woodrow to 115' W of Trailhead 0.75 100% E -7 C (1/2) Duchess (2) 115' W of Trailhead to 1,000' W of Loo 288 0.38 100% E -8 C Morse (1) Woodrow to Shad Oaks 0.25 100% E -9 SA (1/2) Morse (2) Kimberly to Ma hill 0.51 100% E-10 SA Spencer 485'E of LOOP 288 to Ma hill 0.34 100% E-11 C Lakeview (1) Post Oak Future to 1025' E of Post Oak Future 0.19 100% E-12 C Lakeview (2) 2,745' E of Post OakFuture to Bishop Pine 0.36 100% E-13 C Edwards 560' E of Ma hill to Swisher 1.02 100% C- 48,E 14 SA Bonnie Brae (3) Universi to I -35E NBFR 1.41 50% E-15 C Ruddell Mingo to Willis 0.11 100% E -16 C Mockingbird McKmne to 850 S of McK' y 0.16 100% E -17 SA Brinker Shady Oaks to Spencer 0.53 100% E-18 SA Mayhill(1) University to Colorado 3.81 100% E-19 PA (1/3) Mayhill (2) Colorado to 1 -35E NBFR 0.45 100% E-20 PA Post Oak (3) University to 1,010'N of Blagg 0.33 100% E-21 PA Post Oak (4) 1,010'N of Blagg to 1,650' S of Blagg 0.50 50% E-22 PA Post Oak (5) 1,490' N of Mills to 300' S of McKinney 1.04 100% E-23 PA Post Oak (6) 1,910'—S of McKinney to Pockrus Page 2.15 100% E-24 PA Post Oak (7) Pockrus Page to Lakeview 0.27 100% E-2_5 C --------------- L_a_k_evie_w_ (3) ______ 13_0' S of Rodeo to 735'_S_ of Mills 0.3_7_ 10_0_% E-26 C Trinity- McKinney Connector (1) Trinity to 1290' N of McKinney 1.27 100% E-27 SA Trinity- McKinney Connector (2) 1290'N of McKinney to McKinney 0.24 100% Note: The 10 -Year Roadway Impact Fee CIP is not in a prioritized order. 2014 Roadway Impact Fee Study 15 DRAFT - April 2015 City of Denton, Texas M oQ rn ( 0 0 E c x O > U N f6 E E 0 0 0 0 C C) Z ry B C� fmr C� E: zo f --u E 12 "'.111 ..... ..... CL Qi (D V9.9-N, /00 LL VS S•N 010' allom 0 m AIBAI-I'H m m M0 LL uojqeaS :32i ............ eouejol CL Qi (D LL m m m M0 LO eq 04 x C) W v Ja 4 s!m s,�,N,� wawa a. G � w � U � •� c x [fill 0 COS C, 0 o f o� a c o •co 0 0 cr U) LL z 88UdOOl I f n. ° iii" ; ry0i � �� / / %/� o � / � / ✓� � /vGr � �� � f / a A'rr9���/ � fir' ll,v / �:::� /���� w y „i, �.f 8 fj : '. /a „ - .a /� i € € €,, r � -- ,,, y,, , ✓, ,,, I, ,,,, ;. / ;;;,, rrr / ,1 / r / MOB r a„ 0 A � , .. �,:, :: rr r ,»r I „d,, �r � „�� , ;,_fir � f. lC �i ... �! ., // � :: ,;�� /�� ,: rrr »� � ri� /i x�,,,l,� f„ „� :; ,. r / rill/ 1. / [[[[,// /J` /// :/ %/ r r/ � �i,� � �`, ° L ,J 1, ,,,,,..r, � �/ %/ ��i ✓I`�;,k� ' ^, _ �, ,/ j/� rr �,,,.m r3i „, /o ”" r „�1 rn ,, i r / �I / / 0 C V :f r� Y, r✓, u,, ., ,,,,,,, , �� /fir , , ° ,> r / r pa •O..:. , , rc „F r v , ,,, / l /// aiiiii= �' „./ ' � � o„ �, %rs. iii f;r / d 1 q�a, �^ a co f / ° CL e O e / a / (D 0) �c LT Of cQ-m � Y r Poorvuapun G J o / i/ % ' '/� J,'o� •� N � 11,��,., >' !(r i /� y awed uo ?y m � ,o / Q 4, N , L N E W Q y W o Q Future Loop � wi HRWWAQSOM.'��Mm lei ,a eiuuoe.,— P1041 Jes T N m CL 0 Cr CY) ..... ....... .. .... .. .. ... (D LL CM m .... . .. . ..... E -31 c CI) >% N 0) .0 m -0 m m c x M 0 a) C) LO M U) O ZN C14 c C) 0- ry U) LL z x w 04 C) 7 77 ('D r T w C-50 l3 -46,,, :- -•. ,r! "......,, FM 2153 i�m � 3 Qp x r1.6 ^y9 ti C1�14 11 . "^ C116 FM 2164 -1 Shepa d D-21 mnD, etF Exhibit 3.D - Service Area D CIP 2014 Roadway Impact Fee Study See Table 2.D, Page 14 0 0.5 1 Miles 1 in = 1 miles Kimley)>>Horn �,rY oe i April 2015 DENTON Legend Proj_No Railroads CIP Projects Streams Other Thoroughfares Flood Plain Project limits Non - Annexation Areas Streets \� f F, dr r( 1 Proj_No Railroads CIP Projects Streams Other Thoroughfares Flood Plain Project limits Non - Annexation Areas Streets I I RZ [n] I 0 a ,,,,, II 8 V CL �ufU j� V O LU oYie�'� h �� „�,,,,,, ��iia r� 1 co � , Q� � p�ewa8 ° uollnd, 1 V N a uiH m J Z, 2 Q i r��$ p .� �p .Q � c W d c N O f i�3 i vu N U f % d m o Q M � o Z t na j a, O �f �° .. W N ° Y Q �irU� ,,,,.. lied a6e3uaH. a �O'; W(fg 1i Summary of Roadway Impact Fee CIP — All Service Areas 2014 Roadway Impact Fee Study DRAFT — April 2015 City of Denton, Texas City of Denton - 2014 Roadway Impact Fee Study Capital Improvement Plan for Roadway Impact Fees Summary of Conceptual Level Project Cost Projections Roadwav Improvements - Service Area A # IF Class Project Limits Percent in Service Area Project Cost Total Cost in From To Service Area A -1 SA Jim Christal 1 490'E of C. Wolfe Thomas J. Egan 50% $ 4,170,000 $ 2,085,000 A -2, C-21 SA Jim Christal (2) 225' E of Future Loop Masch Branch 50% $ 6,933,000 $ 3,466,500 A -3, C-22 PA Jim Christal (3) Masch Branch Scripture 50% $ 14,393,000 $ 7,196,500 A-4 PA Jim Christal 4 Scripture 1 -35 SBFR 100% $ 5,617,000 $ 5,617,000 A -5 PA Airport Masch Branch 1 -35W SBFR 100% $ 2,930,800 $ 2,930,800 A -6 I SA IAmyx C. Wolfe FM 2499 100% $ 23,125,000 $ 23,125,000 A -7 SA IShellby Westcourt/Underwood Corbin 100% $ 5,946,000 $ 5,946,000 A -8 SA Cole Ranch E -W SA #1 Cole Ranch N -S SA Future Loop 100% $ 6,928,000 $ 6,928,000 A -9 SA FM 2499 (1) C. Wolfe 345' E of Cole Ranch - Hunter Ranch Arterial 100% $ 1,357,600 $ 1,357,600 A -10 SA FM 2499 2 345' E of Cole Ranch - Hunter Ranch Arterial Underwood 2 100% $ 1,467,200 $ 1,467,200 A -11 SA Cole Ranch E -W SA #2 Cole Ranch N -S SA Cole Ranch - Hunter Ranch Arterial 100% $ 7,337,000 $ 7,337,000 A -12 SA H. Lively 1 725' E of Seabron 1,975'W of C. Wolfe 100% $ 4,864,000 $ 4,864,000 A -13 SA H. Lively (2) 1,975'W of C. Wolfe C. Wolfe 50% $ 2,868,000 $ 1,434,000 A -14 SA H. Lively (3) C. Wolfe John Paine /Undervood(2) 100% 1 $ 17,294,000 $ 17,294,000 A -15 PA Florence-Ed Robson Arterial Florence Ed Robson 100% $ 14,285,000 $ 14,285,000 A -16 SA Hunter Ranch Arterial Hunter Ranch N -S Col #1 Brush Creek 100% $ 17,438,000 $ 17,438,000 A -17 PA Brush Creek (1) Hunter Ranch N -S Col #2 1 -35W 100% $ 25,385,000 $ 25,385,000 A -18 SA Ed Robson FM 2449 220' N of Goodland 100% $ 16,373,000 $ 16,373,000 A -19 C C. Wolfe Tom Cole FM 2449 50% $ 6,853,000 $ 3,426,500 A -20 SA H. Lively (4) FM 2499 H. Lively 50% $ 6,008,000 $ 3,004,000 A -21 SA Cole Ranch N -S SA Tom Cole H. Lively 100% $ 17,500,000 $ 17,500,000 A -22 PA Cole Ranch - Hunter Ranch Arterial Amyx Hunter Ranch Arterial 100% $ 32,915,000 $ 32,915,000 A -23 PA Future Loop (2) Jim Christal 4,965'S of Jim Christal 100% $ 1,345,800 $ 1,345,800 A -24 PA Future Loo 3 260' N of Tom Cole FM 2449 100% $ 3,151,400 $ 3,151,400 A -25 PA lFuture Loop (4) 1,040' W of Amyx Underwood 50% $ 926,200 $ 463,100 A -26 PA Future Loo 5 Underwood 1 -35W SBFR 100% $ 1,101,400 $ 1,101,400 A -27 C Jim Christal -Tom Cole Collector Jim Christal Tom Cole 100% $ 4,075,000 $ 4,075,000 A -28 SA (1/2) Westcourt Airport Sprin side 100% $ 2,964,000 $ 2,964,000 A -29 SA Westcourt/Underwood S rin side 1,700' S of S rin side 100% $ 2,234,000 $ 2,234,000 A -30 SA Underwood (1) 1,700' S of Sprin side 2,655' N of FM 2449 50% $ 3,354,000 $ 1,677,000 A -31 SA Underwood (2) 2,655' N of FM 2449 FM 2449 100% $ 4,303,000 $ 4,303,000 A -32 SA John Paine /Underwood 1 FM 2449 1,265' N of H. Lively 50% $ 4,733,000 $ 2,366,500 A -33 SA John Paine /Underwood (2) 1,265' N of H. Lively 970' N of Brush Creek 100% $ 4,646,000 $ 4,646,000 A -34 SA John Paine /Underwood (3) 970' N of Brush Creek Brush Creek 100% $ 1,275,000 $ 1,275,000 A -35 PA 213 Western Jim Christal Airport 100% $ 7,201,000 $ 7,201,000 A -36 C I Precision (1) Jim Christal 1,775' N of Airport 100% $ 1,816,000 $ 1,816,000 A -37 C I Precision (2) 1,775' N of Airport Airport 100% $ 1,375,000 $ 1,375,000 COTAL $ 286,488,400 $ 261,369,300 NOTE: These planning level cost projections listed in this Appendix have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning within the City of Denton. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2014 Roadway Impact Fee Study City of Denton, Texas Appendix A- Conceptual Level Project Cost Projections City of Denton - 2014 Roadway Impact Fee Study Capital Improvement Plan for Roadway Impact Fees Summary of Conceptual Level Project Cost Projections Roadway Improvements - Service Area B # IF Class Proiect Limits Percent in Service Area Project Cost Total Cost in Service Area From To B -1 C Parvin Highland Park McCormick 100% $ 2,456,000 $ 2,456,000 B -2 SA Hobson Country Club Teasley 100% $ 9,163,000 $ 9,163,000 B -3 PA Vintage 490'W of Bonnie Brae Fort Worth (US 377) 100% $ 4,187,189 $ 4,187,189 B -4 C El Paseo Country Club Belmont 100% $ 2,305,000 $ 2,305,000 B -5 SA Ran Country Club Teasley 100% $ 16,369,000 $ 16,369,000 B -6 SA 1/2 Robinson 1 Teasley 220'E of Wheeler Ride 100% $ 2,381,000 $ 2,381,000 B -7 SA (1/2) Robinson (2) 175' E of Berkley 315' E of State School Rd 100% $ 892,000 $ 892,000 B -8 C 1/3 Creekdale 1 Ran 660'S. of Ryan 100% $ 194,000 $ 194,000 B -9 C Creekdale 2 660'S. of Ryan Thistle Way 100% $ 3,452,000 $ 3,452,000 B -10 C 1/3 Creekdale 3 Thistle Way River ass 100% $ 182,000 $ 182,000 B -11 C Creekdale 4 210' E of Riverchase Trail 280'W of Pimlico 100% $ 3,551,000 $ 3,551,000 B -12 PA Brush Creek 2 1 -35W NBFR 2,010' E of John Paine Future 100% $ 7,336,000 $ 7,336,000 B -13 PA Brush Creek 3 2,010' E of John Paine Future Fort Wort US 377 100% $ 7,037,000 $ 7,037,000 B -14 PA Brush Creek 4 Fort Worth US 377 Country Club 100% $ 13,299,000 $ 13,299,000 B -15 PA Hickory Creek (1) Country Club Riverpass 100% $ 10,344,000 $ 10,344,000 B -16 PA Hickory Creek 2 River ass Montecito 100% $ 3,681,000 $ 3,681,000 B -17 PA Hickory Creek (3) Montecito Teasley 100% $ 7,254,000 $ 7,254,000 B -18 PA 1/3 Hickory Creek 4 Teasley Nautical 100% $ 339,000 $ 339,000 B -19 PA 2/3 Hickory Creek 5 Nautical Erin 100% $ 740,000 $ 740,000 B -20 PA Hickory Creek 6 Erin State School Road Future 100% $ 875,000 $ 875,000 B -21 C John Paine -Fort Worth Collector John Paine Fort Worth US 377 100% $ 3,615,000 $ 3,615,000 B -22 C John Paine Vintage 135' N ofAthens 100% $ 11,215,000 $ 11,215,000 B -23 SA Bonnie Brae 4 1 -35E SBFR Vintage 100% $ 11,900,433 $ 11,900,433 B -24 SA Bonnie Brae 5 Vintage Fort Worth US 377 100% $ 8,348,000 $ 8,348,000 B -25 C Highland Park 130'S of Willowcrest Roselawn 100% $ 3,090,000 $ 3,090,000 B -26 PA Fort Worth US 377 1 -35E S City Limits 100% $ 9,079,000 $ 9,079,000 B -27 SA FM 1830 1 Fort Worth US 377 Brush Creek (Realigned) 100% $ 3,489,600 $ 3,489,600 B -28 SA FM 1830 2 Country Club Hickory Hill 100% $ 2,711,000 $ 2,711,000 B -29 SA Country Club FM 1830 (Realigned) S City Limits 100% $ 9,964,000 $ 9,964,000 B -30 C Old Alton-Hickory Hill Collector Old Alton Hickory Hill 100% $ 2,160,000 $ 2,160,000 B -31 C Ryan - Creekdale Collector Ryan Creekdale 100% $ 2,630,000 $ 2,630,000 B -32 PA ITeasley Sundown IS City Limits 1 100% $ 5,250,000 $ 5,250,000 TOTAL $ 169,489,222 $ 169,489,222 NOTE: These planning level cost projections listed in this Appendix have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning within the City of Denton. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2014 Roadway Impact Fee Study City of Denton, Texas Appendix A - Conceptual Level Project Cost Projections City of Denton - 2014 Roadway Impact Fee Study Capital Improvement Plan for Roadway Impact Fees Summary of Conceptual Level Project Cost Projections Roadway Improvements - Service Area C # Project Limits Percent in Service Area Proiect Cost Total Cost in From To Service Area C -1 Milam (1) I -35 SBFR 175' E of 1 -35 NBFR 100% $ 2,561,000 $ 2,561,000 C -2 Milam (2) 175'E of I -35 NBFR FM 2164 (Locust) 50% $ 16,273,000 $ 8,136,500 C -3 Bobcat 1,105' W of Mi lam Ride HOD N -S Secondary Arterial 100% $ 2,692,000 $ 2,692,000 C -4 Ganzer 230'W. of Rector Future Cindy 50% $ 5,459,000 $ 2,729,500 C -5 Ganzer /Lon 1 625'W of I -35 SBFR 350' E of 1 -35 NBFR 100% $ 3,529,000 $ 3,529,000 C -6 Ganzer /Long (2) Ganzer FM 2164 (Locust) 100% $ 15,614,000 $ 15,614,000 C -7 Barthold-Cind y Collector Barthold 1,135' W of Cindy Future 100% $ 1,292,000 $ 1,292,000 C -8 Masch Branch -1 -35 Collector 1,295' W of 1 -35 I -35 100% $ 1,603,000 $ 1,603,000 C -9 HOD E -W Secondary Arterial (1) HOD N -S Secondary Arterial 840' E of HOD N -S Secondary Arterial 100% $ 1,286,000 $ 1,286,000 C -10 HOD E -W Secondary Arterial 2 840'E of HOD N -S Secondary Arterial 130' E of Bonnie Brae (Existing) 50% $ 2,894,000 $ 1,447,000 C -11 HOD E -W Secondary Arterial (3) 130' E of Bonnie Brae (Existing) FM 2164 (Locust) 100% $ 20,940,000 $ 20,940,000 C -12 HWY 1173 (1) 460' E of Masch Branch (Existing) 375' E of Barthold (Future) 50% $ 807,800 $ 403,900 C -13 HWY 1173 (2) Cindy I -35 SBFR 100% $ 961,600 $ 961,600 C -14 I Elm US 377 1 -35 NBFR Elm /Locust Couplet 100% $ 1,075,000 $ 1,075,000 C -15 Hercules 115' E of Northpointe Locust 100% $ 1,760,000 $ 1,760,000 C -16 Westgate E -W Westgate N -S Bonnie Brae 100% $ 4,353,000 $ 4,353,000 C -17 Rine 1 Bonnie Brae 575' W of Elm 100% $ 2,989,000 $ 2,989,000 C -18 Riney (2) 575'E of Elm Elm 100% $ 1,215,000 $ 1,215,000 C -19 Masch Branch -1 -35 Secondary Arterial Masch Branch I -35 SBFR 100% $ 10,767,000 $ 10,767,000 C -20 Jim Christal (1) 490' E of C. Wolfe Thomas J. Egan 50% $ 7,517,000 $ 3,758,500 A -2, C -21 Jim Christal 2 225' E of Future Loop Masch Branch 50% $ 6,933,000 $ 3,466,500 A -3, C -22 Jim Christal (3) Masch Branch Scripture 50% $ 14,393,000 $ 7,196,500 C -23 Nail (1) University 2,240' S of University 50% $ 3,197,000 $ 1,598,500 C -24 Nail (2) 2,240 S of University Jim Christal 100% $ 3,501,000 $ 3,501,000 C -25 Thomas J Egan (1) 555' N. of University 550' S of University 100% $ 1,270,000 $ 1,270,000 C -26 Thomas J Egan 2 550' S of University Jim Christal 50% $ 2,678,000 $ 1,339,000 C -27 Future Loop (1) University 745' N of Jim Christal 100% $ 1,316,400 $ 1,316,400 C -28 Masch Branch (1) 1,290' S of HWY 1173 Miller 50% $ 6,896,000 $ 3,448,000 C -29 Masch Branch 2 895' W of Future Loop 1,255' N of University 100% $ 5,485,000 $ 5,485,000 C -30 Masch Branch (3) 1,255' N of University Jim Christal 100% $ 9,246,000 $ 9,246,000 C -31 Lovers Lane 1 HWY 1173 325' N of Fruth 50% $ 2,178,000 $ 1,089,000 C -32 Lovers Lane (2) 325' N of Fruth 340' N of Littlebrook 100% $ 1,119,000 $ 1,119,000 C -33 Lovers Lane (3) 340' N of Littlebrook Hook 50% $ 666,000 $ 333,000 C -34 Lovers Lane 4 Hook Masch Branch -I-35 SA 100% $ 4,920,000 $ 4,920,000 C -35 Barthold Ganzer City Limits 50% $ 4,239,000 $ 2,119,500 C -36 Cindy (1) Ganzer 1,280' S of Ganzer 50% $ 2,135,000 $ 1,067,500 C -37 Cindy 2 1,280' S of Ganzer Masch Branch -I-35 Collector 100% $ 3,355,000 $ 3,355,000 C -38 Cindy (3) FM 1173 (Future) 150' S of Future Loop 100% $ 2,884,000 $ 2,884,000 C -39 Cindy 4 1,050' N of Masch Branch -1-35 PA Tieszen 100% $ 6,476,000 $ 6,476,000 C-40 ICincly (5) Tieszen University 100% $ 2,806,000 $ 2,806,000 C-41 Western (1) University Jim Christal 100% $ 4,650,000 $ 4,650,000 C-42 Milam- Bobcat Col Milam Bobcat Future 100% $ 2,842,000 $ 2,842,000 C-43 HOD N -S Secondary Arterial (1) Milam 220' S of Bobcat 100% $ 5,079,000 $ 5,079,000 C-44 HOD N -S Secondary Arterial (2) 2830' N of Elm Elm 100% $ 3,899,000 $ 3,899,000 C-45 Heritage Trai I University Scripture 100% $ 6,239,000 $ 6,239,000 C-46 Bonnie Brae (1) Milam Loop 288 EBFR 100% $ 32,903,000 $ 32,903,000 C-47 Bonnie Brae 2 Loop 288 EBFR 860' N of Rine 100% $ 3,603,000 $ 3,603,000 C- 48,E -14 Bonnie Brae (3) University I -35 50% $ 5,950,216 $ 2,975,108 C-49 Fallmeadow 140'S of Meadow Edge Gardenview 100% $ 810,000 $ 810,000 C- 50,D-46 FM 2164 (Locust) (1) City Limits I Loop 288 WBFR 50% $ 4,639,000 $ 2,319,500 C- 51,D -47 I FM 2164 (Locust) (2) IlLoop 288 WBFR IElrn 50% $ 2,313,800 $ 1,156,900 TOTAL $ 264,209,816 NOTE: These planning level cost projections listed in this Appendix have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning Athin the City of Denton. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2014 R.d..y Impact Fee SWdy Cityd Denton, T.— Appcntlix A- C- ceptuol Level Prgoct Cost Prged- City of Denton - 2014 Roadway Impact Fee Study Capital Improvement Plan for Roadway Impact Fees Summary of Conceptual Level Project Cost Projections Roadway Improvements - Service Area D # IF Class Project Limits Percent in Service Area Proiect Cost Total Cost in From To Service Area D -1 C FM 2164 - Brittany Hill Collector (1) 1,605'E of FM 2164 745'W of Mesquite Ridge 100% $ 2,603,000 $ 2,603,000 D -2 C FM 2164 - Brittany Hill Collector (2) 745'W of Mesquite Ridge Mesquite Ridge 50% $ 791,000 $ 395,500 D -3 C FM 2164-Brittany Hill Collector 3 Mesquite Ride Brittany Hill 100% $ 2,115,000 $ 2,115,000 D-4 SA FM 2153 (Realigned) City Limits 620' S of Somerset 100% $ 2,217,400 $ 2,217,400 D -5 PA FM 2164 -FM 2153 (Realigned) PA FM 2164 Locust Indian Wells Future 100% $ 8,426,000 $ 8,426,000 D -6 PA FM 2164 -FM 2153 (Realigned) PA Mesquite Ridge (Future) FM 2153 (Realigned) 100% $ 18,496,000 $ 18,496,000 D -7 SA FM 2164 -FM 2153 SA 1 FM 2164 Locust Indian Wells Future 100% $ 7,593,000 $ 7,593,000 D -8 SA FM 2164 -FM 2153 SA (2) 540' E of Green Valley (Future) FM 2153 100% $ 7,617,000 $ 7,617,000 D -9 SA Shepard 1,490'W of FM 2153 FM 2153 100% $ 2,265,000 $ 2,265,000 D -10 C Gribble Springs-Chapman Collector 630' N of FM 2164-Brittany Hill Collector Gribble Springs 100% $ 7,471,000 $ 7,471,000 D -11 C Mesquite Ridge (1) FM 2164 - Brittany Hill Collector 400 N' of FM 2164 -FM 2153 (Realigned) PA 100% $ 2,431,000 $ 2,431,000 D -12 C Mesquite Ridge (2) 400 N' of FM 2164 -FM 2153 (Realigned) PA 470'S of FM 2164 -FM 2153 (Realigned) PA 50% $ 713,000 $ 356,500 D -13 C Mesquite Ridge (3) 470'S of FM 2164 -FM 2153 (Realigned) PA 1,005'S of FM 2164 -FM 2153 (Realigned) PA 100% $ 447,000 $ 447,000 D -14 SA Brittany Hill 1 355' S of Cove 795'S of FM 2164 -FM 2153 (Realigned) PA 100% $ 5,620,000 $ 5,620,000 D -15 SA Brittany Hill (2) 795'S of FM 2164 -FM 2153 (Realigned) PA 770'N of FM 2164 -FM 2153 SA 50% $ 1,761,000 $ 880,500 D -16 PA Chapman-FM 2153 PA 890'S of Chapman FM 2153 100% $ 2,254,000 $ 2,254,000 D -17 C FM 2153 1 City Limits Burger S 100% $ 1,069,200 $ 1,069,200 D -18 C FM 2153 (2) Burger FM 2153 (Realigned) 100% $ 250,600 $ 250,600 D -19 C FM 2153 (Realigned) -FM 2153 Collector FM 2153 (Realigned) FM 2153 100% $ 3,416,000 $ 3,416,000 D -20 SA FM 2153 3 620' S of Somerset Sherman 50% $ 1,398,800 $ 699,400 D -21 SA Green Valley (1) Warschun 860'S of Warschun 100% $ 1,069,000 $ 1,069,000 D -22 SA Green Valley (2) 860' S of Warschun Sherman 100% $ 2,954,000 $ 2,954,000 D -23 SA Milam 3 FM 2164 Locust 605' E of FM 2164 Locust 100% $ 667,000 $ 667,000 D -24 SA Bobcat (3) FM 2164 (Locust) 515' E of FM 2164 (Locust) 100% $ 640,000 $ 640,000 D -25 SA Cooper Creek (1) 860' W of Hartlee- Cooper Collector #1 Hartlee Field 100% $ 17,427,000 $ 17,427,000 D -26 SA Cooper Creek 2 Hartlee Field University 100% $ 15,731,000 $ 15,731,000 D -27 C Golden Circle Hartlee Field (Future) Hartlee Field (Existing) 100% $ 7,476,000 $ 7,476,000 D -28 SA Hartlee Field 1 FM 2164 Locust 500' E of FM 2164 Locust 100% $ 658,000 $ 658,000 D -29 SA Hartlee Field (2) West City Limits 575'E of Woodland Hill 100% $ 9,229,000 $ 9,229,000 D -30 C Collins Cooper Creek Collins (Existing) 100% $ 4,995,000 $ 4,995,000 D -31 C Long (1) FM 2164 (Locust) 525'E of FM 2164 100% $ 431,000 $ 431,000 D -32 C Long (2) City Limits Stuart 100% $ 1,658,000 $ 1,658,000 D -33 C Hartlee 1 Sherman 480'W of Woodland Hill 100% $ 2,129,000 $ 2,129,000 D -34 C Hartlee (2) 480'W of Woodland Hill Hartlee Field 100% $ 643,000 $ 643,000 D -35 C Laney Webb Post Oak (Future) 100% $ 3,428,000 $ 3,428,000 D -36 C Kings-Windsor Collector Kin sRow Windsor 100% $ 356,000 $ 356,000 D -37 C Windsor 410' E of Saints Cooper Creek 100% $ 4,472,000 $ 4,472,000 D -38 SA Mingo 2 University Lane 100% $ 10,183,000 $ 10,183,000 D -39 PA Post Oak (1) City Limits 645' N of Hartlee Field 50% $ 3,283,000 $ 1,641,500 D-40 PA Post Oak (2) 645' N of Hartlee Field University 100% $ 22,005,000 $ 22,005,000 D-41 C Deerwood Hartlee 680'N of Kings Row 100% $ 3,349,000 $ 3,349,000 D-42 C Hartlee- Cooper Col #1 Hartlee Field Cooper Creek 100% $ 2,730,000 $ 2,730,000 D-43 C Hartlee- Cooper Col #2 Hartlee Field Cooper Creek 100% $ 3,914,000 $ 3,914,000 D-44 PA Sherman (1) 1Locust Loop 288 WBFR 100% $ 3,764,200 $ 3,764,200 D-45 PA Sherman 2 Loop 288 WBFR City Limits 100% $ 8,545,200 $ 8,545,200 C- 50,D -46 PA FM 2164 (Locust) (1) City Limits Loop 288 WBFR 50% $ 4,639,000 $ 2,319,500 C- 51,D -47 PA FM 2164 (Locust) (2) IlLoop 288 WBFR Elm 50% $ 2,313,8001 $ 1,156,900 $ 217,644,200 $ 210,194,400 NOTE: These planning level cost projections listed in this Appendix have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning within the City of Denton. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2014 R.d..y Impact Fee SWdy Cityd Denton, T.— Appcntlix A- C- ceptuol Level Prgoct Cost Prged- City of Denton - 2014 Roadway Impact Fee Study Capital Improvement Plan for Roadway Impact Fees Summary of Conceptual Level Project Cost Projections Roadway Improvements - Service Area E # IF Class Project Limits Percent in Service Area Project Cost Total Cost in Service Area From To E -1 SA Mingo (1) 435' NE of Bell University 100% $ 13,406,000 $ 13,406,000 E -2 C Lattimore Ruddell 475' E of Ruddell 100% $ 807,000 $ 807,000 E -3 C Audra Bayfeld Loop 288 100% $ 1,505,000 $ 1,505,000 E4 C Blagg Ma hill Lakeview 100% $ 6,701,000 $ 6,701,000 E -5 SA McKinney FM 426 Woodrow East City Limits 100% $ 4,829,400 $ 4,829,400 E -6 C Duchess 1 Woodrow 115'W of Trailhead 100% $ 4,125,000 $ 4,125,000 E-7 C (1/2) Duchess (2) 115'W of Trailhead 1,000' W of Loop 288 100% $ 1,197,000 $ 1,197,000 E -8 C Morse 1 Woodrow Shady Oaks 100% $ 1,706,000 $ 1,706,000 E -9 SA 1/2 Morse 2 Kimberly Ma hill 100% $ 2,346,000 $ 2,346,000 E -10 SA Spencer 485' E of Loop 288 Ma hill 100% $ 2,455,000 $ 2,455,000 E -11 C Lakeview 1 Post Oak Future 1025' E of Post Oak Future 100% $ 839,000 $ 839,000 E -12 C Lakeview 2 2,745' E of Post Oak Future Bishop Pine 100% $ 1,555,000 $ 1,555,000 E -13 C Edwards 560' E of Ma hill Swisher 100% $ 3,794,000 $ 3,794,000 C48,E -14 SA Bonnie Brae 3 University I-35E NBFR 50% $ 5,950,216 $ 2,975,108 E -15 C Ruddell Mingo Willis 100% $ 424,000 $ 424,000 E -16 C Mockingbird McKinney 850' S of McKinney 100% $ 697,000 $ 697,000 E -17 SA Brinker Shady Oaks Spencer 100% $ 4,138,000 $ 4,138,000 E -18 SA Ma hill 1 University Colorado 100% $ 5,667,507 $ 5,667,507 E -19 PA 1/3 Ma hill 2 Colorado I-35E NBFR 100% $ 1,928,000 $ 1,928,000 E -20 PA Post Oak 3 University 1,010' N of Blagg 100% $ 3,465,000 $ 3,465,000 E -21 PA Post Oak 4 1,010' N of Blagg 1,650' S of Bla 50% $ 4,646,000 $ 2,323,000 E -22 PA Post Oak 5 1,490' N of Mills 300' S of McKinney 100% $ 9,999,000 $ 9,999,000 E -23 PA Post Oak 6 1,910' S of McKinney Pockrus Page 100% $ 30,317,000 $ 30,317,000 E -24 PA Post Oak 7 Pockrus Page Lakeview 100% $ 2,800,000 $ 2,800,000 E -25 C Lakeview (3) 130' S of Rodeo 735' S of Mills 100% $ 1,844,000 $ 1,844,000 E -26 C Trinit - McKinne Connector 1 Trini 1290' N of McKinney 100% $ 6,312,000 $ 6,312,000 E -27 I SA Trinity- McKinney Connector (2) 1290' N of McKinney IMcKinney 100% $ 1,695,000 $ 1,695,000 TOTAL $ 125,148,123 $ 119,850,015 NOTE: These planning level cost projections listed in this Appendix have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning within the City of Denton. These planning level cost projections shall not supersede the City's design standards or the determination of the City Engineer for a specific project. 2014 Roadway Impact Fee Study City of Denton, Texas Appendix A - Conceptual Level Project Cost Projections 0 *Awt �lel -11) E E E I k l ME r, i i III, E J f J 0 J r% 0 0- 0 +-j _0 NO ll J l �i a, , 8 rr r% J 1 1� J ro i ' r 1 r% J 1 J r%r �l ll f l I k l ME �0000000000000� m v �r i� �r r, WIN 0/ E E I E I E I M, I r i Im. a-+ fo cc ifs „1' „1' J it it XMI 1 J it 1' r „J it i J 'J c CL VA VA 0 Itu" C CL U b.0 it i i 0 „J XMI 1 J it 1' r „J it i J 'J c CL VA VA 0 Itu" 1 r .0 _0 n t U- • • • i i i r a f' FLU a %' r, `N ui ui LL f' FLU a %' r, `N �j r" f r" r^ f o i r r n r '!1 '!1 a %1 v � ,1l WE '!1 '!1 '!1 '!1 '!1 '!1 '!1 HE J ,r ir' ,f J J� I '!1 '!1 '!1 i IN v � ,1l WE '!1 '!1 i O � ,1l � ,1l � ,1l WE r �6 0 r r �6 G , 1 rl ��l J '!1 '!1 i , � ,1l v � ,1l r i J , , '!1 i i , '!1 '!1 v v � ,1l v � ,1l � ,1l r f I IN `JI r �6 W W L DL DL 1. rim .c 4-J I M 23 is - — - - - - - - - - - IN 24 �Rj co M 12: 0. 10 0 0 0 CL K." w \,O gds J41 uj,� J�l LA. L- LU 0 ir M po 0 i - iO F.,d 0 I-0 t 0 ow CL Mr 0 It, 0 Elm a Z = 0 C, wL U ON 7 LL ro z 10 l . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . 010 oll Mr 12 Oa "� 'Ile "be I - -n e CV) (3) "Woo MM" ww" u ommiummyi MAIM" Iv P 0 man (3) mmomommonomm! , ' — � (3) LL -1--j u E ICU Lf) C 4-J 0 0 u 4-J c E u > bn o u 'E a- E W LL V) u (V u :D 4-J u 7D 5 pp > _0 0— ai m 10 Ln U - -n e CV) (3) "Woo MM" ww" u ommiummyi MAIM" Iv P 0 man (3) mmomommonomm! , ' — � (3) - -n e CV) (3) u 0 (3) (3) LL -1--j u E 0 0 0 I cc .< � \/ / l < } I . :\ 7 m � � 2 f ■ \ ^ ƒ � < \ m ± x m o 2 S k ƒ \/ <± O e± 2 . :\ 7 1 r� � 1 r�J l l J In m r, J l lr l r 4-j f 1G 1G m _ 0. d M 'a (C —� m 0 Q a> - C Q U —C,5 E .� E o a> 0 c E T a) a) o O O 'O ° X Q E 0 a3 N T ° c m CL C) U o c c aci U E (6 a) C O O C C c E E c c a c-0 0 0 0 0 0 0 O c m m °c c- m C C O O a3 N — o0 .-c 0 o Q� 0 o o a3 0 c o 3 .0c = Q m O a3 Q 2 a3 3 o 0 y c C p d d CO U U cl cl (D 0� a� z d0� 0� z I t Jo N C. a a u- E c: 0 0 U m . C) m _ 0. d M 'a (C —� m 0 Q a> - C Q U —C,5 E .� E o a> 0 c E T a) a) o O O 'O ° X Q E 0 a3 N T ° c m Cs LL C) U o c c aci U E (6 a) C O O C C c E E c c a c-0 0 0 0 0 0 0 O c m m °c c- m C C O O a3 N — o0 .-c 0 o Q� 0 o o a3 0 c o 3 .0c = Q m O a3 Q 2 a3 3 o 0 y c C p d d CO U U cl cl (D 0� a� z d0� 0� z I t Jo N C. ., m . m m F w dw W cc m _ 0. d M 'a (C —� m 0 Q a> - C Q U —C,5 E .� E o a> 0 c E T a) a) o O O 'O ° X Q E 0 a3 N T ° c m Cs LL C) U o c c aci U E (6 a) C O O C C c E E c c a c-0 0 0 0 0 0 0 O c m m °c c- m C C O O a3 N — o0 .-c 0 o Q� 0 o o a3 0 c o 3 .0c = Q m O a3 Q 2 a3 3 o 0 y c C p d d CO U U cl cl (D 0� a� z d0� 0� z I t Jo N E I 1 } n } CD a o°� oc ^ ^ r M N 7 � `— N r- N CTS cq 00 N^ ^ ^ Cry N M ,d cq Cry CD a o°� oc ^ ^ r M N 7 � `— N r— N CTS cq 00 N^ ^ Cry N M Cry CD a o°� oc ^ ^ r M N 7 � `— N r— N CTS N^ CD a o°� oc ^ ^ r M N 7 `— N r— N N^ CD a o°� oc ^ ^ r M N 7 E E 0 E 2 �0000000000000� �0000000000000� u m o -C CL E 0 CL 4- E 4-J E 0 0 OU Ln u U w E 0 Ln 0 4-j 0 > w m -0 0 W -C: 0 U. U U E 1 J i f ..r U fa Q NVEVAUM il IN 6 9 E i J J J J 11 m IN I i �0000000000000� CL Uwwwia J J G' J r% 0, E rr J 0 1 l i000000000wnn� 1 " "Ilr i 1 IM4 �r I� I a a-+ U Ca D. MERNMEM I 4-j U ro D. E MERNMEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . w - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - g g . .. . . . . . . . . . A S -j� 4 w S FZ Z; s FZ �5 5 4, FZ u g Y y g Ao >> t t 4 F u u u u u u u L �2 -ml mm G vs ++ C L Q C . C C ME N_ ELo V MM Nwoo o to U m m C � G N � P P r O' 'LL C m > CL E W N Co ::3 m O N —_ U- U Lo N C E O (I5 (a O ry 0 i r� 1' 1' r l i i ,1 i o' J 0 i r i �J d, e W W— MW CL W a) E Wu— 0 > :E W U. 0 oa W cc W W E 0y ai E aJ 0 W W 0 i r� 1' 1' r l i i ,1 i o' J 0 i r i �J d, e Mr nnnn� 0 w i0000000000000m w w w 0 E E u 0 E E E o 0 U 0 4- -0 4-J w i0000000000000m ouuuuu w 0 w 4-J C) 0 MEN= w w w w Ln 9 0 Mr F15 I City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 15 -298, Version: 1 Legislation Text AGENDA INFORMATION SHEET AGENDA DATE: April 14, 2015 DEPARTMENT: Fire and Emergency Management CM/ ACM: John Cabrales, Jr. SUBJECT Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement with Denton County Emergency Services District 1 (Argyle ESD) for fire fighting and emergency medical services. BACKGROUND In October of 2014, the Fire Department initiated a review of options to enhance service levels for the Robson Ranch area of the City of Denton. Our objective has been to develop a strategy that addresses EMS response, fire protection and associated impact on insurance rates. The closest fire station, Denton Fire Station 7, is located 5.6 miles from the entrance to the community. Station 7 is equipped with an Engine company, staffed with firefighter /paramedics. The closest medic unit responds from Fire Station 3 which is located approximately nine miles away. The Insurance Services Office (ISO) evaluates cities throughout Texas with a corresponding impact on commercial and residential insurance rates. The rating for the City of Denton within our core is three; the rating in those areas of our City located further than five miles from a fire station is given the lowest recommended rating of 10. The City has an Automatic Aid Agreement with the Denton County Emergency Service District (ESD) and shares an effective partnership in the southwestern region of the County. The Fire Department initiated a series of meetings with representatives of the Denton County ESD 1, serving the Town of Northlake, just to the south of Robson Ranch Road. As a result of residential development in this area, the Denton County ESD proposes to build a station approximately one mile south of the Robson Ranch main entrance in the Harvest residential development. This station will house an Engine company, staffed full time with a minimum of three personnel. A minimum of two of the three will be certified paramedics. From this location, it will be possible to deliver an enhanced first arriving unit response time to the Denton citizens residing in this area. In addition, the Automatic Aid Agreement with the Denton County ESD, responding from this location, could result in a reduction in the ISO rating for the Robson Ranch area of Denton. Partnership with Denton County Emergency Services District 1: City of Denton Page 1 of 3 Printed on 4/9/2015 File #: ID 15 -298, Version: 1 Following a presentation and discussion on February 17, 2015, the Denton City Council directed the Fire Department to finalize a contractual agreement with the Denton County ESD 1 that would permit an expedited construction date for the ESD Fire Station benefitting both the ESD and the City of Denton. The intent of the contract agreement is to: • Provide first response to the Robson community beginning in late 2018. The ESD will own and operate the station, and the City of Denton will make annual contributions toward a percentage of the operating costs. • Utilize a formula in which the percentage of the City of Denton's contribution diminishes over time, corresponding with increased revenues from the ESD taxing authority. In 2018, the City of Denton will contribute 50 percent of the operating costs of the station, declining over the ten year contract term to 31 percent in 2028. • Provide an exit clause following a defined 10 year period to respond to changing development needs and opportunities in the southwest corridor of IH 35, with annual renewal options thereafter. • Utilize the Argyle station location in a future petition for an ISO rating revision. Service Timeline: Action Item Target Completion Deed and Title of proposed station site conveyed to the ESD April 2015 Architectural firm contracted by the ESD September 2015 Design completion March 2016 Request for construction bids August 2016 Secure funding November 2016 Bids awarded December 2017 Construction commenced May 2018 Opening and staffing October 2018 Partnership with Robson Communities Corporation: We have secured a participation agreement with the Robson Communities Corporation to contribute to the City of Denton's portion of the contract costs. The total Robson contribution of $350,000 is distributed during the first four years of the contract in the amounts of $100,000, $100,000, $75,000 and $75,000 respectively. The intent of this agreement is to partially offset the initial contract years in which the City of Denton's contribution percentage is the highest. With this contribution included as an offset, the City's net annual contribution is $306,792 over the 10 year contract term. Medic Unit at Denton Fire Station 7: Associated with this comprehensive public safety agreement, an additional medic unit is proposed at Denton Fire Station 7 to reduce the response time to southwest Denton and to provide an additional unit in the City's emergency response grid system. The first year impact of placing a new medic in service is approximately $890,000 - $920,000. This includes the purchase of a new ambulance, the equipment and supplies needed to City of Denton Page 2 of 3 Printed on 4/9/2015 File #: ID 15 -298, Version: 1 stock the vehicle, and all associated personnel costs. The second year impact is approximately $624,000 for on- going personnel and operating costs. The ambulance manufacturer utilized by the City of Denton under the HGAC Purchasing Agreement has reserved a spot for a new ambulance build. If the City submits a Letter of Intent by the end of April, a new unit would be completed by October 2015. This proposed build time is shorter than waiting for a new budget year to begin as other government entities submit new vehicle requests that align with the new fiscal year. In October, the build time estimate for a new ambulance would be 10 months. RECOMMENDATION The Fire Department recommends a strategy for the City Council's consideration designed to accomplish the following service enhancement sequence: • Enter into an agreement to participate in an ESD Fire Station and Engine Company in 2015 with an estimated implementation of fall 2018. The Interlocal Cooperation Agreement will be on the City Council's Consent Agenda April 21, 2015. • Initiate an aggressive four year work plan in the Denton Fire Department to adjust procedures, standardize processes and make appropriate investments designed to prepare the City to petition for a comprehensive ISO revision in 2019. • Authorize the Fire Department to submit a Letter of Intent, ordering an ambulance in April 2015. • Authorize a City of Denton Medic Unit at Station 7 in the FY 2015 -16 budget process. • Direct the Fire Department to reinvigorate strategic relationships with key Denton County mutual and automatic aid partners. • Direct the Fire Department to participate appropriately in the City's Cole Ranch and Hills of Denton development process. Our intent today is to respond to questions that may arise from this presentation and to seek direction from the City Council with regard to our proposed strategy. F,XHIRITS Exhibit l: Presentation Exhibit 2: Interlocal Cooperation Agreement Exhibit 3: Financial Summary Exhibit 4: Robson Communities Commitment Letter Respectfully submitted: Robin Paulsgrove Fire Chief Prepared by: Allison Carlwicz Fire Administrative Manager City of Denton Page 3 of 3 Printed on 4/9/2015 VIP Uw u 0 .7, Ct V) Q) V) (1) r.) CA NI/ 7:: 0 0 U U Ln 0 ANIM 0) O C 4- 4-, O cn Z3 W CL Q .� 0.00"Ift% E 1p00"Oft% Ln cn O E 4-j O U� �n �µ� V ._ 70 M � 2 � II U j Q) O O 4-J c� .�► •- 4-J 4-J INTERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS I COUNTY OF DENTON EXHIBIT 2 This Interlocal Cooperation Agreement (the "Agreement ") is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation, hereinafter referred to as "City" and the DENTON COUNTY EMERGENCY SERVICE DISTRICT 91, hereinafter referred to as "ESD." WHEREAS, the City of Denton and the ESD wish to enter into an Agreement, under the authority and subject to the provisions of Texas Government Code, Chapter 791, The Interlocal Cooperation Act, to facilitate the response of certain assets and resources that could effectively serve the fire and emergency medical needs of certain areas of the City of Denton's jurisdiction in addition to certain areas of the ESD's jurisdiction; and NOW, THEREFORE, in consideration of the mutual covenants in this Agreement the parties agree as follows: SECTION 1. Purpose of Agreement. The purpose of this agreement is to establish a plan of action for the parties as they relate to the most effective provision of firefighting and emergency medical resources and personnel in areas of mutual concern of both jurisdictions. This agreement relates to the equitable sharing of operating costs of a Fire Station which would facilitate enhanced coverage in certain areas of both parties to this agreement as set forth in Attachment A hereto. Notwithstanding the parties present expressed intention to follow the agreement as stated, it is understood by all parties that one or the other party may be unwilling or unable to carry out these tasks as contemplated, and that no legal or equitable penalty or remedy, nor any incidental or consequential damages, are anticipated or bargained for in the event either party chooses, for whatever reason, not to accept the offer under the circumstances contemplated herein. It is also understood that the assistance request or furnished may be refused, limited, or recalled at the discretion of either of the parties to this Agreement. SECTION 2: Operable Provisions. A. It is the desire of both entities to improve Fire & EMS responses to areas described on the attached map. The areas outlined on Exhibit A are to include but not limited to the developments of Robson Ranch located within the city limits of Denton and the Harvest development located within the ESD boundaries. B. Both entities intend to join together in providing the improved services by sharing in the cost of operating the fire station. The annual operating costs include the station personnel and annual debt service payments for construction and equipment. C. The Fire Station is to be located south of Old Justin Rd approximately 300 yards on the west side of Cleveland Gibbs as marked on the attached Exhibit C service area map. D. The Fire Station will consist of 3 double depth bays along with living quarters for 8 personnel and will be approximately 10 thousand square feet. E. The ESD will be responsible to provide property insurance coverage on the building as well as responsible for all repair and maintenance to the building. F. The ESD will be responsible for providing the Fire station personnel, which is to be equipped with an NFPA approved Fire Engine and staffed with 3 personnel of which a minimum of 2 will be a FF /Paramedic and one FF /EMT. All 3 personnel will be certified with Texas Commission on Fire Protection and Department of Health Services. G. The equipment and personnel will be committed to the service area assigned to this station and will not respond to emergency calls located on the east of 35W. H. The Fire Engine will be equipped with all EMS equipment necessary to provide ALS first responder to medical calls. L The ESD will provide the required proof of insurance as requested by the City Of Denton covering equipment and Personnel. SECTION 3: City of Denton Participation A. The City of Denton agrees to share cost of the operation and building the Fire Station 514 on a percentage of cost as described below. Denton's portion of the cost will be based on diminishing percentages which will adjust each year. The total cost to provide services as described in Exhibit B attached to this term are estimates. Each July a budget will be sent to the City of Denton for the purpose of budgeting for the City's allocation for the following fiscal year. The budget will include the prior year actual expenditures, estimated current year expenditures as well as the proposed new -year budget. The potential of prior year credits or cost overruns may impact predicted percentages funded by the City of Denton. Additionally, the ESD will provide to the City the preliminary and certified appraised values of the Harvest Development. The City of Denton's annual allocation will be calculated as a percentage of the total cost to operate the station, as defined above, less the property tax revenues collected by the ESD from within the Harvest Development. See Exhibit A for the annual estimated costs. 2018 50% 2019 50% 2020 45% 2021 45% 2022 40% 2023 35% 2024 35% 2025 35% 2026 35% 2027 33% 2028 31% While the City does not have a limit to the number of years it may chose to participate in the operating cost of the new station, it is committing to at least the first ten year annual allocations based on the percentages above. Should the revenue from property taxes from the Harvest Development fully support the operating expenses for the new station, the City will no longer be required to participate in the cost of operations. Both entities will maintain an automatic aid agreement for fire and EMS services. Negotiated terms of funding by the City of Denton is intended to share costs associated with fire station 514 and one structural engine. B. Upon staffing of a medic unit at the City of Denton's Fire Station 7 the City agrees to provide ambulance service to the ESD if mutual aid is requested. SECTION 7: Liability., Any civil liability shall be determined pursuant to the terms of the Texas Interlocal Cooperation Act, Texas Local Government Code Chapter 791. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Denton nor ESD waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims of third parties. SECTION 8: Term of Contract. The term of this Agreement shall be for ten years beginning upon approval by both parties and renewing automatically for additional one -year periods. SECTION 9: Contract Amount. The City and ESD agree to reimburse each other for actual costs, other than ordinary operational costs, incurred by each other in the performance of this agreement. Reimbursement shall be made on an incident -by- incident basis. SECTION 10: Independent Contractor. Each party shall operate under this Agreement as an independent contractor, and not as an agent, representative, servant or employee of the other. Subject to the terms of this Agreement, each party shall have the right to control the details of its performance hereunder. SECTION 11: Parties' Addresses. Unless otherwise provided herein, all notices required or permitted by this Agreement shall be made to the following addresses: City of Denton City Manager's Office Attn: George Campbell, City Manager 215 East McKinney Denton, Texas 76201 Denton County Emergency Service District 91 511 South Gibbons Road Argyle, Texas 76226 SECTION 12. Intent of the Parties. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This agreement can be modifies only in writing signed by both of the parties or their duly authorized agents. Executed this the day of , 2015. GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTER, CITY SECRETARY ON APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ON JIM CARTER, PRESIDENT DENTON COUNTY ESD 91 ATTEST: :• APPROVED AS TO LEGAL FORM: STEVE HARRIS, ESD 91 SECRETARY W, H H H W V 0 Gl C 0 IN , rM r ti 00 o o 1 f-T N m N M + r,4 L d - O o o ct.N i O tM f1 tm f1 N O ;� O) ° O N p Ol � Ol N 00 O m Ol Ol CD - O N N 'R ; Q ! I\ O O .-I o O t+ °O O N O ° O Ol M N Ol 00 00 O I� r p�j p�j O tf1 00 O O O tf1 N N cY m N O M +° Cli O° .-i O M N N 0 O N O O N N 00 cY O CD 00 CD 00 O O 0 00 N m N mV N Ol Ol O Ol u!'4 �°+ cY ° ° N O Ol O N M m N ti 4f} m 00 o p V7 N N N ti Ol lD N W N N ql' 00 Ol N V7 O 00 O cY N m N m CO 0 CO O 00 00 c#^°+ cY ° O .-i O OO M N p p V7 Ol V Ol p O V7 Ol N 00 zr I� N Ol cY I� cY O cY lD cY D O O m N m N V7 O ° O O OQ �°+ N ° °° .-i 0 0 O N M M o6 4 O O N W Orl •�-� •�-� N O NcY H CN' H S+I a) N cY O O o N N m N cY NV o cY O NV cY ° O O N O O tD cY N m cY t ° tf1 o o Ol N 66 I� m M OO M I� M O I� Ol O 1.4 tD o O I� N 4,p m N k O o 0 o O '�°+ °O cY o o N c c Om -zr M N `� O° N f+m N � H H 00 Ln �'"' 00 M O I� .-i a) a) O Ol rq Gy I� o O Ol m N N cY cY O I� m 'd°+ O° M o o N O� O Lr� v1 µ p O Lr Ol N W O^ O O N CD m "... O N CD N O o O) Ol o O O a', m N Q Lo tf1 O tf1 N '+ 4 N 0 0 N O tf1 M tf1 tf1 N N tD N M CO Yi CY',. *},' IH lD N N N CO O cY O cY O O O M N O Ol 5Y S:5 Ol O Op N Lil Ol -zr nj m ri M rj M N CO 5t O '. �D v1 O N C N m a) D N tD CD *^!m" tf1 ti OO O O ^c O N i 0 X 4... ._ .0 ~ v 3 n a v > p c -a u to ° 'O v > io fo tiD u w my u _ Q +-� o c c 4 - ?> 0 0 c o n v > in 4 'o > V E c O E O c O 4 Q u m (u v 0 E a �+ w a H v+'i u CJ? w jul O I �i z C7 I 6 *" o b S `�J n. V*.!` COMMUNITIES,, April 2, 2015 Robin Paulsgrove Fire Chief City of Denton 215 E. McKinney Street Denton, TX 76201 Dear Robin: Steven M. Soriano Executive Vice President Direct: (480) 8954219 Fax: (480) 895 -4355 E -mail: sorianoCa?robsonxom Thank you for the series of email and phone calls with you and Jon Fortune regarding the opportunity for Robson to participate in the funding of a new fire house on Robson Ranch Road. I would like to confirm the key elements of our agreement to fund. 1. The City of Denton plans to: • Enter into an agreement with the Argyle ESD to place a fire house & paramedic unit south of Robson Ranch Road on Cleveland Gibbs Road, for 10 years starting in 2018. • The City of Denton would invest the operating cost of a Medic unit at the closest station to Robson Ranch. • The City of Denton will meet the financial obligations of the above two bullets, to the extent they exceed the Robson contribution below. 2. Robson Denton Development plans to: • Contribute to the City of Denton a portion on their costs in delivering the items above. The Robson participation is as follows: 2018 $100,000 2019 $100,000 2020 $ 75,000 2021 $ 75,000 3. Additional terms: • Payments will be made annually, on July 1 st of each payment year, upon written request from City to Robson Ranch Development, Attention Steve Soriano. • City (fire safety) and Robson agree to meet once a year to go over the progress /status of the terms of this agreement. Sinc , Steven M. Soriano cc: Ed Robson 9532 East Riggs Road • Sun Lakes, Arizona 85248 • Telephone: (480) 895 -9200 Fax: (480) 895 -5455 Robson Ranch - Arizona • PebbleCreek •Sun Lakes • SaddleBrooke • The Preserve • SaddleBrooke Ranch • Quail Creek • Robson Ranch -Texas 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 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -181, 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. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, N. Bonnie Brae St and Emery Dr to N. Bonnie Brae St and Riney Rd., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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. [Bonnie Brae to North Lakes TM line] City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -182, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Receive information from staff pertaining to the acquisition of real property interests related to the proposed expansion and reconstruction of Locust Substation generally located South East of Fort Worth Drive & West Collins Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and /or condemnation of parcels of real property near the aforementioned location and more particularly described as: Lot 1, Block A of Garcia Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in document No. 2009 -168 of the plat records of Denton, County, Texas. City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -206, 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. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in Denton, Denton County, Texas, East of Loop 288 and Spencer Rd to Pockrus Page Rd and HWY I -35E., for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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.[Pockrus to Spencer TM line] City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -223, 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. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described 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. [DME Eagle substation - No action item assoc.] City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -300, 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 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 15 -321, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074 Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 15 -330, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. Discuss, deliberate and receive information from staff and provide staff direction regarding a development located in the 2800 block of Fort Worth Drive a portion of which is located within a floodplain where a public discussion of these legal matters would conflict with the duty of the City Attorney's to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton Page 1 of 1 Printed on 4/9/2015 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: S115 -0010, Version: Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: Jon Fortune Date: April 14, 2015 SUBJECT Hold a public hearing and consider adoption of an ordinance to amend Ordinance No. 2014 -137, as amended by Ordinance Nos. 2014 -192, 2014 -276, and 2015 -103, to extend for an additional one hundred and nineteen (119) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date. BACKGROUND On May 6, 2014, the City Council adopted City Ordinance No. 2014 -137 declaring a moratorium on the acceptance, 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 within the corporate city limits. On June 17, 2014, the City Council adopted City Ordinance No. 2014 -192, amending Ordinance No. 2014 -137. The reason for the amendment ordinance was to revise the moratorium exemptions and variance procedures and make minor clarification changes. Those revisions clarified which applications were subject to the moratorium and outlined the new process for requesting a variance. On September 9, 2014, the City Council amended the Moratorium Ordinance once again by adopting Ordinance No. 2014 -276 to extend the moratorium until January 20, 2015. The moratorium extension approved under Ordinance No. 2014 -276, allowed additional time for a draft ordinance enacting additional regulations related to gas well drilling and production activities to be completed by City Staff and presented before the Planning and Zoning Commission and the City Council. City staff completed a draft set of regulations covering gas well drilling and production activities and presented them at a Town Hall Meeting on Monday, December 15, 2014, as well as before the City Council and Planning and Zoning (P &Z) Commission at a Joint Public Hearing on Tuesday, December 16, 2014. During the public meetings, many members of the public and members supportive of the natural gas industry made comments and asked questions regarding the proposed draft set of regulations. At the conclusion of the December 16, 2014 Joint Public Hearing, the P &Z Commission advised that the City of Denton Page 1 of 3 Printed on 4/9/2015 File #: S115 -0010, Version: Moratorium Ordinance should be extended to allow for public review of the draft regulations. The City Council concurred with the P &Z Commission's recommendation and found it is in the best interest of the City and the public to extend the moratorium. The City Council extended the moratorium for an additional 91 days until midnight of April 21, 2015. City Staff completed another draft set of regulations covering gas well drilling and production activities. The draft set of regulations was posted on the City's website on Tuesday, March 30, 2015 so as to allow the public an opportunity to review the proposed regulations. The City has received a request from the natural gas industry to extend the moratorium for at least another 90 days so as to allow a sufficient time to review the new set of regulations. In addition, two Texas Legislative Bills, House Bill 40 and Senate Bill 1165, have the potential to adversely impact the draft set of regulations, as well as the City's current gas well regulations found in Subchapter 22 of the Denton Development Code. These bills have seen significant movement lately within the House and Senate. It appears that at least one of them may ultimately be approved by the Texas Legislature and signed into law by the Governor. If such approval in fact occurs, however, it will likely not occur before the Moratorium Ordinance's current expiration date of April 21, 2015. Thus, an extension to the Moratorium Ordinance is additionally necessary so as to allow City Staff sufficient time to analyze what adverse impacts one or both bills may have on the proposed and current set of gas well regulations. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. May 6, 2014, the City Council passed and approved City Ordinance No. 2014 -137 declaring a moratorium. 2. June 17, 2014, the City Council passed and approved City Ordinance No. 2014 -192 to amend Ordinance No. 2014 -137. 3. September 9, 2014, the City Council passed and approved City Ordinance No. 2014 -276 to amend Ordinance No. 2014 -137. 4. January 6, 2015, the City Council passed and approved City Ordinance No. 2015 -013 to amend Ordinance No. 2014 -137. 5. April 8, 2015, the Planning and Zoning Commission voted 7 -0 to recommend APPROVAL of SI15 -0010. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. STAFF RECOMMENDATION Staff recommends APPROVAL of the request to extend Ordinance No. 2014 -137, as amended by Ordinance Nos. 2014 -192, 2014 -276 and 2015 -013. EXHIBITS Moratorium Ordinance Respectfully submitted: Aimee Bissett Interim Planning & Development Director City of Denton Page 2 of 3 Printed on 4/9/2015 File #: S115 -0010, Version: 1 Prepared by: Darren Groth, AICP, CPM, REP Manager, Gas Well Inspections Division City of Denton Page 3 of 3 Printed on 4/9/2015 h rwm d by I cx:ls i''I Exhibit 1 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2014 -137, AS AMENDED BY ORDINANCE NOS. 2014 -192 2014 -276 AND 2015 -013, TO EXTEND FOR AN ADDITIONAL ONE HUNDRED AND NINETEEN (119) DAYS, OR SUCH OTHER REASONABLE DATE, THE MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS FOR GAS WELL PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE PLANS, DEVELOPMENT PLANS OF ANY NATURE OR TYPE, INCLUDING APPLICATIONS FOR AMENDMENTS TO APPROVED OR PENDING GAS WELL DEVELOPMENT PLATS, AND ON APPLICATIONS FOR FIRE CODE OPERATIONAL PERMITS, AS THEY RELATE TO GAS WELL DRILLING AND PRODUCTION ACTIVITIES, SUBJECT TO CERTAIN EXEMPTIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance No. 2014- 137 (the "Moratorium Ordinance ") on May 6, 2014, the terms of which are incorporated by reference, which Moratorium Ordinance imposed until midnight of September 9, 2014, unless earlier terminated by the City Council, a moratorium on the receipt, processing and approval of certain applications seeking authorization for gas well drilling and production activities, as prescribed therein, within the corporate limits of the City of Denton, Texas; and WHEREAS, the Moratorium Ordinance was adopted to address significant and compelling environmental and land use compatibility concerns associated with gas well drilling activities occurring in close proximity to residential and other protected uses that have resulted in negative and deleterious effects on Denton citizens; and WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its municipal ordinances and regulations to provide for a fair and equitable system of regulations relating to gas well drilling and production activities so as to protect the property interests of mineral estate owners while protecting the rights, opportunities and property interests of surface estate owners and citizens of the City of Denton, Texas; and WHEREAS, the City Council amended the Moratorium Ordinance on June 17, 2014 by adopting Ordinance No. 2014 -192, the terms of which are incorporated by reference, to clarify certain exemptions contained in the Moratorium Ordinance, specifically by revising existing exemptions and by adding additional exemptions; and WHEREAS, the City Council again amended the Moratorium Ordinance on September 9, 2014, by adopting Ordinance No. 2014 -276, the terms of which are incorporated by reference, to extend the moratorium until January 20, 2015, so as to allow additional time for a draft ordinance enacting additional regulations related to gas well drilling and production activities and the procedures related thereto to be completed by City Staff and to be presented before the Planning and Zoning Commission and the City Council; and WHEREAS, the City Council amended the Moratorium Ordinance on January 6, 2015, by adopting Ordinance No. 2015 -103, until midnight of April 21, 2015, based on the requests of members of the public and of the natural gas industry to extend the moratorium so as to allow further review of, and to make possible suggestions to, the draft set of regulations covering gas well drilling and production activities that were released to the public on December 12, 2014; and WHEREAS, the City Staff completed another draft set of regulations covering gas well drilling and production activities, based on suggestions proposed by members of the public and by the natural gas industry, and made the new set of regulations available for public inspection on the City's website on March 31, 2015; and WHEREAS, the City has received a request from the natural gas industry to extend the moratorium for at least another ninety (90) days to allow for review, and to make possible suggestions to, the new draft set of gas well regulations; and WHEREAS, since the current price of natural gas is low, the natural gas industry does not plan to engage in gas well drilling and production activities in the near future, and thus an extension to the moratorium will not be detrimental to their current operations; and WHEREAS, in addition, there are two bills pending in the current Texas Legislative Session, House Bill 40 and Senate Bill 1165, that have the potential to adversely impact the City's proposed draft set of regulations covering gas well drilling and production activities, as well as its current set of regulations as they appear in Subchapter 22 of the Denton Development Code; and WHEREAS, one or both of these legislative bills may not be passed by the Texas Legislature until after the current April 21, 2015 Moratorium Ordinance expiration date, and additional time is necessary to determine whether one or both bills pass, as well as what adverse impacts one or both of these bills may have on the proposed draft and current set of gas well regulations; and WHEREAS, in accordance with State law, a Public Hearing by the Planning and Zoning Commission was held on Wednesday, April 8, 2015, so as to consider whether to extend the Moratorium Ordinance, and upon conclusion, the Planning and Zoning Commission recommended that the Moratorium Ordinance be extended until midnight of Tuesday, August 18, 2015; and WHEREAS, in accordance with State law, a Public Hearing was held by the City Council Tuesday, April 14, 2015, so as to consider whether to extend the Moratorium Ordinance; and WHEREAS, the City Council concurs with the Planning and Zoning Commission's recommendation to extend the Moratorium Ordinance, and the City Council finds it is in the best interest of the City and the public to extend the moratorium until midnight of Tuesday, August 18, 2015, so as to allow for public review of the draft regulations, as well as to allow the City to Page 2 determine how House Bill 40 and /or Senate Bill 1165 adversely impact the City's draft and current set of gas well regulations; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All of the above recitals are hereby found to be true and correct factual and legislative determinations of the City of Denton, Texas and are hereby approved and incorporated by reference as though fully set forth herein. SECTION 2. The moratorium established by Ordinance No. 2014 -137, as amended by Ordinance Nos. 2014 -192, 2014 -276 and 2015 -013, is hereby further extended until midnight of August 18, 2015, under the terms as herein amended, unless earlier terminated by ordinance of the City Council implementing amendments to the City's ordinances governing gas well drilling and production activities and the procedures related thereto. SECTION 3. This Ordinance shall be cumulative of all provisions of the ordinances of the City of Denton, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the terms of this Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or provisions thereof. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This Ordinance shall take effect upon its passage and shall remain in effect until midnight August 18, 2015, unless earlier terminated by ordinance of City Council. PASSED AND APPROVED this day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 3 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ftm Page 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: DCA14- 0009g, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM /ACM: Jon Fortune DATE: April 14, 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- 0009f). 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 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. Since the initial public hearing for DCA14- 0009, the P &Z deliberated on this topic during three public meetings and ultimately voted 4 -3 to recommend denial. In addition, the City Council continued their public hearing during five separate meetings. Staff worked diligently to revise the draft ordinance and post updated information to the City's website during the time DCA14 -0009 was continued. The revision process incorporated the scientific studies cited during the first public hearing and addressed the questions and public discussion that occurred during the nine meetings. The latest website update occurred on March 31, 2015 and resulted in the posting of a revised draft ordinance. The ordinance was available for public review in anticipation of the continued City Council public hearing on April 7, 2015. PROPOSAL The proposed revisions are intended to remedy the impacts of gas well drilling in an urban environment, to include oil and gas operations that occur at or above the surface of the ground; such as emergency response, traffic, lights, noise, notifications, and setback separation requirements. One goal for the proposed revisions is to preserve surface property values, the character of neighborhoods, and other quality of life issues. To achieve this goal, Subchapter 22 of the Denton Development Code (DDC) was streamlined and reorganized to provide City of Denton Page 1 of 3 Printed on 4/9/2015 File #: DCA14- 0009g, Version: 1 a clear understanding of the requirements for gas wells inside the city limits. In addition to changes contained within Subchapter 22, additional DDC Chapters have been revised. In some cases, existing provisions were 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 DDC Section 35.5 relating to Zoning Districts and Limitations; 2. New DDC Section 35.5.10, which is composed of new gas well provisions, together with amended gas well provisions transferred over from Subchapter 35.22, relating to: Gas Well Development; Consolidation Permits; Gas Well Development Site Plans; Gas Well Permits; 3. New DDC Section 35.7.16 relating to Gas Well Combining District Regulations; 4. Amendment to DDC Section 35.16.7 to add a new platting requirements included under the Gas Well Notification Disclosure Requirement; 5. Amendment to DDC Subchapter 35.22 relating to Gas well general regulations pertaining to health, safety and general welfare; 6. Amendments to Ordinance 2014 -248 relating to the City's Gas Well Development Fee Ordinance; and 7. New DDC Subchapter 35.22A relating to Oil and Gas Pipeline Ordinance. The proposed Gas Well Amendment Ordinance is attached as Exhibit 11. It does not include a redline version, but if the public wishes to view and comment on a redline version, it can be found on the City's website under Departments: Gas Well Inspections. 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 On 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 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 meeting. City of Denton Page 2 of 3 Printed on 4/9/2015 File #: DCA14- 0009g, Version: 1 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. On March 24, 2015, City Council voted 7 -0 to continue the public hearing for DCA14 -0009 to April 7, 2015. On April 7, 2015, City Council voted 7 -0 to continue the public hearing for DCA14 -0009 to April 14, 2015. EXHIBITS 1. Amendment to DDC SECTION 35.5 - Zoning Districts and Limitations - clean and redline 2. New DDC SECTION 35.5.10 - clean and redline 3. DDC Section 35.7.16 - Gas Well Combining District - clean and redline 4. DDC Section 35.16.7 - Gas Well Notification Disclosure 5. Amendments to DDC Subchapter 35.22 - General Regulations - clean and redline 6. Gas Well Fee Schedule - redline amendments and existing Ord. 2013 -248 7. Draft Pipeline Ordinance 8. Public Responses to CC and P &Z from Dec 2014 meeting 9. Public Responses to Additional Questions from P &Z and the Public 10. February 4, 2015 P &Z Meeting Draft Minutes 11. Gas Well Amendments Ordinance Respectfully submitted: Aimee Bissett Interim Planning & Development Director Prepared by: Darren Groth, AICP, CPM, REP Manager, Gas Well Inspections Division City of Denton Page 3 of 3 Printed on 4/9/2015 Exhibit 1 Section 3505 Clean 3/24/15 version 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 35.22.1, 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 35.22.1, 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 35.22.1. 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 35.22.1, 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 35.22.1, 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 35.22.1, 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 35.22.1, 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, subject to exceptions identified therein. Gas well development on existing drilling and production sites requires approval of a consolidation permit pursuant to Section 35.5.10.3, subject to exceptions identified therein. All gas well development is subject to compliance with Subchapter 35.22, Gas Well Drilling and Production, and with Section 35.5.10 of this Ordinance" 1 3/24/15 version I. Amend Sections 35.5.1.2; 35.5.2.2., 35.5.3.2. 35.5.4.2, 35.5.5.2, 35.5.6.2 and 35.5.7.2, by adding to the Industrial Land Use Categories section a new industrial use, "Compressor Stations ", as defined in Section 35.22.1 and by designating such use as "SUP" for the IC -E and IC -G Districts and as a "N" for all districts referenced in such sections. Pj Section 3505 1 9 iml 3/24/15 version 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 35.2211, 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 35.2211, 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 35.2211. 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 35.2211, 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 35.2211, 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 35.2211, 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 35.2211, for the industrial land use category "Gas Wells." H. Amend Section 35.5.8, Limitations, L (27), to read: 1 3/24/15 version �r` r�r _eesn�i Law. r_sr_e :e�:�ss:r�.� �I. Amend Sections 35.5.1.2; 35.52.1 35 .532. 35.5.4.2 -35.5.5.2-35.5.6.2 and 35.5.7.2, R4-- � _ by adding to the Industrial Land Use Categories section a new industrial use, "Compressor Stations ", as defined in Section 35.22.1 w e &se 4+a4 '3,° t� ��•' „ "� * *� " arc isg � a +s cis ar�d by deSl natln SllCh Ilse as "SUP" for the IGE and IGG Districts and as a "N" for all districts referenced in such sections. Pj 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 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code and accordingly enjoys broad powers of self governance; and WHEREAS, the authority of a home rule city to regulate the exploration and production of natural gas within its city limits and extraterritorially, as herein provided, is legislatively recognized, inter alia, at Section 92.007 of the Texas Natural Resources Code, Chapters 54, 211, 212, 217, and 551 of the Texas Local Government Code, Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health and Safety Code, and numerous other legislative and Constitutional provisions of the State of Texas; and WHEREAS, the City Council, pursuant to Ordinance No. 2001 -465 adopted the City's first gas well drilling and production regulations as part of Chapter 35, "Zoning ", and adopted Ordinance No. 2001 -466 as part of Chapter 34, "Subdivision and Land Development ", of the City of Denton City Code (collectively referred to as the "Gas Well Ordinance "; and WHEREAS, on February 5, 2002, the City Council incorporated the Gas Well Ordinance into the Denton Development Code, Ordinance No. 2002 -040, primarily into Subchapter 22; and; WHEREAS, over the years, rising demand for clean alternative fuel sources, and the advent of new drilling and production technologies, including hydraulic fracturing, has encouraged mineral development in areas in close proximity to residential and other protected uses; and WHEREAS, the increased gas well drilling and production activities in close proximity to residential and other protected uses has generated from the public a multitude of environmental and land use compatibility concerns regarding the City's ordinances and regulations now applicable to the gas well drilling and production activities, including, but not limited to, health, water quality, air quality, noise, lighting, truck traffic, dust, vibrations and other nuisances; and Exhibit 11 WHEREAS, since February 5, 2002, the City Council has amended the Gas Well Ordinance a few times since Ordinance 2002 -040, with the most recent ordinance amendment, Ordinance No. 2013 -014, occurring on January 15, 2013, in an attempt to address these environmental and land use compatibility concerns; and WHEREAS, after the adoption of Ordinance No. 2013 -014, the City Council has continued to receive from the public a multitude of environmental and land use compatibility concerns regarding the City's ordinances and regulations now applicable to the gas well drilling and production activities, including, but not limited to, health, water quality, air quality, noise, lighting, truck traffic, dust, vibrations and other nuisances; and WHEREAS, further increased drilling in close proximity to residential and other protected uses after the enactment of Ordinance No. 2013 -014 have resulted in negative and deleterious effects on Denton citizens, calling into question whether the various interests could be better balanced by additional review of the City's ordinances and regulations; and WHEREAS, the City Council of the City of Denton, Texas has witnessed the conflict between increased drilling and urban expansion, and acknowledges 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; and WHEREAS, the City Council finds that potentially harmful impacts of gas well drilling and production within the City fall most heavily upon neighborhoods and properties adjacent to gas well drilling and production operations; and WHEREAS, gas well drilling and production activities are classified as industrial uses under the Denton Development Code; and WHEREAS, gas well drilling and production activities conducted within city limits are subject to and governed by the City's zoning regulations; and WHEREAS, the City Council, after due and careful consideration, found that there remain significant and compelling environmental and land use compatibility concerns associated with the gas well drilling and production activities; and WHEREAS, on May 6, 2014, the City Council adopted a gas well moratorium, Ordinance No. 2014 -137, which has subsequently been amended three times, to preserve the status quo while a review and update to the Gas Well Ordinance could be developed and implemented to ensure compatible land use that do not negatively impact property values and neighborhood character; and WHEREAS, the City staff and the City Council have reviewed numerous published articles regarding the impacts of gas well drilling, including: Exhibit 11 1) Best Practices Handbook to Assist Communities in the Eagle Ford Shale, 2" d 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 States: 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, Appalachian 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) 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) 16) Methane Emissions from Process Equipment at Natural Gas Production Sites in the United States: Pneumatic Controllers, by David Exhibit 11 T. Allen, et al., The American Chemical Society's Journal of Environmental Science & Technology, December 9, 2014 WHEREAS, based on the above studies, the City Council deems it to be in the best interest of the City to encourage co- location of gas wells to the maximum extent possible in order to mitigate impacts upon neighborhoods and to lessen impacts on surface development; and WHEREAS, the City Council particularly finds compelling the evidence in support of remedying the impacts of gas well drilling in an urban environment through co- location, to include noise, dust, odor, light pollution, vibrations, fire safety, visual aesthetics (i.e., fencing), 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; and WHEREAS, the City Council additionally notes various studies conducted by neighboring cities relating to gas well drilling within municipalities, including Flower Mound's various studies involving property values and environmental matters, as well as the City of Fort Worth's studies relating to gas well drilling in the City of Fort Worth, and the City Council does hereby incorporate by reference these studies relating to the impacts of gas well drilling in a municipal setting; and WHEREAS, the City Council has determined that the most effective way of preventing or moderating potentially harmful impacts of gas well drilling and production activities on adjacent and proximate residential and other protected uses is to invoke the City's zoning powers by establishing co- location requirements for gas well drilling and production activities; and WHEREAS, on December 16, 2014, the Planning and Zoning Commission and the City Council held a joint public hearing, pursuant to Texas Local Government Code, Section 211.007, at which public hearing members of the public and the natural gas industry provided comments regarding the proposed gas well ordinance amendments; and WHEREAS, after public comments were received, the City Council continued its portion of the public hearing to its January 6, 2015 regular meeting, while the Planning and Zoning Commission closed its portion of the public hearing and postponed action on the gas well ordinance amendment until its January 7, 2015 meeting; and WHEREAS, the Planning and Zoning Commission did not take action on the gas well ordinance amendment at its January 7, 2015 meeting, but instead took action at its January 21, 2015 meeting, at which the Planning and Zoning Commission, via a 4 -3 vote, recommended denial of the gas well ordinance amendments, which triggered the supermajority vote requirement by the City Council to overturn the denial recommendation; and Exhibit 11 WHEREAS, on April 7, 2015, the City Council finally closed its portion of the public hearing, and by a supermajority vote (_ - reversed the Planning and Zoning Commission's denial recommendation; and WHEREAS, the City Council finds that the subject changes to the Denton Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. All of the above recitals, including the findings made therein, are hereby found to be true and correct factual and legislative determinations of the City of Denton, Texas and are hereby approved and incorporated by reference as though fully set forth herein. Publications above referenced underpin the factual and legislative findings of this ordinance and are incorporated by reference as though set forth herein. SECTION 2. Subchapter 5, Section 35.5 of the Denton Development Code ( "Zoning Districts and Limitations ") is amended as set forth in Exhibit "1 ", which is fully attached and incorporated fully herein by reference. SECTION 3. New Section 35.5.10 ( "Gas Well Development ") is added to Subchapter 5 of the Denton Development Code, and such new section shall hereinafter read verbatim as set forth in Exhibit "2 ", which is attached and incorporated fully herein by reference. SECTION 4. New Section 35.7.16 ("Gas Well Combining District ") is added to Subchapter 7 of the Denton Development Code, and such new section shall hereinafter read verbatim as set forth in Exhibit 113 ", which is fully attached and incorporated fully herein by reference. SECTION 5. Subchapter 16, Section 35.16.7 ( "Lots, Access and Common Areas ") of the Denton Development Code is amended to incorporate the specific changes identified in Exhibit "4 ", which exhibit is fully attached and incorporated fully herein by reference. SECTION 6. Subchapter 22 of the Denton Development Code ( "Gas Well Drilling and Production ") is deleted in its entirety and replaced with a new Subchapter 22, which subchapter shall hereinafter read verbatim as set forth in Exhibit "5 ", which is attached and incorporated fully herein by reference. SECTION 7. Ordinance No. 2013 -248 ( "Planning and Development Fees and Road Damage Remediation Fees "), adopted on September 17, 2013, is amended to incorporate the specific fees relating to gas well drilling and production activities as they appear in Exhibit "6 ", which is attached and incorporated fully herein by reference. SECTION 8. New Subchapter 22A ( "Oil and Gas Pipelines ") is added to the Denton Development Code, a copy of which is attached as Exhibit "7 ", which is incorporated fully herein by reference. Exhibit 11 SECTION 9. The moratorium established by Ord. No. 2013 -137, and as amended and extended by Ord. Nos. 2014 -192, 2014 -276 and 2015 -013, will terminate on the effective date of this ordinance, as indicated in Section 14 herein. SECTION 10. No amendment contained in this ordinance shall supersede the hydraulic fracturing ban (Ordinance No. 2014 -397) adopted by the voters via election on November 4, 2014. SECTION 11. All ordinances in conflict herewith, are amended and superseded to the limited extent of such conflict, and all remaining sections and provisions of such ordinances, not in direct conflict herewith, are hereby made cumulative. SECTION 12. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 13. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 14. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED at the City Council meeting posted and commenced on the day of , 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BU GESS, CITY ATTORNEY BY: Exhibit 11 EXHIBIT 441" Zoning District and Limitations Exhibit 11 EXHIBIT "2" Gas Well Development Exhibit 11 EXHIBIT "Y Gas Well Combining District Exhibit 11 EXHIBIT 664" Lots, Access and Common Areas Exhibit 11 EXHIBIT 445" Gas Well Drilling and Production Exhibit 11 EXHIBIT "6" Planning and Development Fees And Road Damage Remediation Fees Exhibit 11 EXHIBIT 447" Oil and Gas Pipelines Exhibit 2 Section 35.5.10 Clean INDEX FOR DDC, SECTION 35.5.10 NOTE: DDC, Section 35.5. 10 is a new section that sets forth rules and procedures for existing gas well pad sites to convert to consolidated sites when an operator proposes to drill a new well. New gas well pad sites must apply for a combining district approval which is granted by the City Council pursuant to the Gas Well Combining District rules set forth in new DDC, Section 35.7.16. DDC, Section 35.5.10 also contains some sections, or parts thereof, which have been transferred from DDC, Subchapter 22 (a/k/a "Gas Well Ordinance "). For convenience, the former Subchapter 22 sections have been included after each numbered section below. 35.5.10.1 Purpose, Authority and Applicability [Section 35.22.1] 35.5.10.2 Required Authorization for Gas Well Development [Section 35.22.3] 35.5.10.3 Consolidation Permits [Section 35.22.4] 35.5.10.4 Gas Well Development Site Plans [Section 35.22.6] 35.5.10.5 Gas Well Permits [Section 35.22.7] 35.5.10.6 Separation standards [Section 35.22.5.A.1] 35.5.10.7 Relief Measures [Section 35.22.16] 3/24/15 version Section 35.5.10 Gas Well Development 35.5.10.1 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 Subchapters 5, 7, 16 and 22 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 Subchapters 5, 7, 16 and 22 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 primarily 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 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. PJ 3/24/15 version 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 Subchapters 5, 7 and 22 apply only within the corporate limits of the City of Denton, except as otherwise expressly stated therein. D. Integrated Provisions. The provisions of Subchapters 5, 7, and 22 relating to gas well development are intended as a set of integrated regulations. Subchapter 5 establishes zoning classifications and permitting requirements and procedures for gas well development. Subchapter 7 establishes standards and procedures for establishing overlay zoning districts pertaining to gas well development. Subchapter 22 contains definitions that apply to all provisions regulating gas well development, and identifies operational and other general standards that apply to gas well development. Each subchapter may incorporate by reference other applicable provisions of this Denton Development Code that pertain to gas well development. 9 3/24/15 version Section 35.5.10.2 Required Authorization for Gas Well Development in City Limits. A. Zoning District Classifications for Gas Well Development 1. Gas well development is classified as an industrial land use in all zoning districts. 2. Gas well development is permitted as set forth in Sections 35.5.1 through 35.5.7 of the DDC, subject to the Limitations in Section 35.5.8 of the DDC and the standards in Subchapter 22. Gas well development also is permitted if authorized by an existing MPC or PD District or SUP, subject to the exception standards set forth in Section 35.5.10.3, or in Section 35.7.16.1. 3. Gas well development within the corporate limits of the City on new Drilling and Production Sites shall be authorized through approval of a Gas Well Combining District pursuant to the requirements of Section 35.22.7.16, unless exceptions apply. 4. Gas well development within the corporate limits of the City on existing Drilling and Production Sites ( "existing sites ") shall be authorized through approval of a Consolidation Permit pursuant to the requirements of Section 35.5.10.3, unless exceptions apply. 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 35.7.16, or approval of a Consolidation Permit to authorize a new gas well on an existing Drilling and Production Site pursuant to Section 35.5.10.3. Exceptions may apply. 2. Approval of a Preliminary Gas Well Development Site Plan pursuant to Section 35.5.10.4.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 Gas Well Development Site Plan is obtained. An application for a Preliminary Gas Well Development Site Plan may accompany a request for a Gas Well Combining District or an application for a Consolidation Permit. For existing sites, the Gas Well Administrator may authorize the submittal of Final Gas Well Development Site Plan in lieu of submittal of a Preliminary Gas Well Development Site Plan. 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 35.5.10.4.B. rd 3/24/15 version 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 35.5.10.5. 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/Re- completion Operations and Production Activities from the Denton Gas Well Division pursuant to the application requirements and standards of Section 35.5.10.5. 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 35.22.9.D. 14. The applications for any authorization for gas well drilling and production listed in this Subsection B 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 required prior applications have been approved, and no completeness determination shall be made until such prior applications have been approved. C. Applications for gas well drilling and production shall expire under the following circumstances: 9 3/24/15 version 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, as may be modified by any exception granted pursuant to Section 35.5.10.3.C. The authorization for a consolidated site in a Combining District may be terminated following suspension of the right to submit further gas well development applications, and following action by the City Council. 2. A Watershed Protection Permit, if applicable, expires with the expiration of a Final Gas Well Development Site Plan. A Consolidation Permit expires according to the provisions of Section 35.5.10.3.H. Expiration of the consolidation permit may also result in expiration of associated gas well development permits, as provided in Section 35.5.10.3.H. 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 Development Site 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 for a new Drilling and Production Site expires unless a complete application for a Gas Well Permit has been filed within one (1) year of the date of approval of the Final Gas Well Site Plan. A Final Gas Well Development Site Plan for an existing Site does not expire unless a Consolidation Permit for the site expires. 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 one (1) year of the date of approval of the Gas Well Permit. D. Following expiration of an approved application for gas well drilling and production, a new application must be submitted. An Operator may reapply following expiration of a site plan or gas well permit prior to expiration or termination of the consolidation permit, planned zoning district exception or Combining District approval pertaining to the drilling and production site or gas well. E. 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. F. Legal Non - Conformity; Exceptions. 1. Non - conformities. The provisions of Subchapter 11 ( "Nonconforming Uses ") are applicable to gas well drilling and production activities, except as provided hereinafter. on 3/24/15 version a. For purposes of Subchapter 11, the drilling of a new gas well and associated production activities do not constitute an existing lawful use. 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 or production activities in progress on an existing site on the effective date of this amendatory ordinance (Ordinance No. ). 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 or production activities in progress on an existing site on the effective date of this amendatory ordinance (Ordinance No. ). 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 or production activities in progress on an existing site on the effective date of this amendatory ordinance (Ordinance No. ). 2. General exceptions. 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. Additional exceptions to individual permit requirements may be stated under such provisions. 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. G. General Application Standard. In additional to any other remedies available at law or in equity, the City may initiate proceedings to revoke any site plan, permit, variance or 7 3/24/15 version special exception approved pursuant to this Section 35.5.10 upon discovery that the applicant supplied false, fraudulent or misleading information that was material to approval of the application under the standards applicable to the permit, variance or special exception. All site plan or permit applications or requests for relief to the Board of Adjustment shall be verified. E'? 3/24/15 version 35.5.10.3 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. Except as provided in subsection C, 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, unless the applicant has first obtained a gas well Consolidation Permit designating a consolidated site. 2. For an existing site for which no new gas wells are proposed, an Operator may continue all drilling or production activities in progress on the site authorized by gas well permit, and may perform workover operations, without having to obtain a Consolidation Permit. The Operator must obtain a gas well permit prior to commencement of recompletion activities. C. Exceptions. A Consolidation Permit is not required for an existing or planned gas well drilling and production site if, on the effective date of this Section [date], one of the following circumstances exists: 1. General exceptions. The proposed gas well drilling and production activities are excepted under the general criteria in Section 35.5.10.2.F.2. 2. Planned zoning district exceptions. The existing or planned Drilling and Production Site is located within an approved Master Planned Community (MPC) District or Planned Development (PD) District, or the site is subject to an approved Special Use Permit (SUP), and the Operator prior to obtaining a gas well permit for a new well on an existing site can demonstrate the following: a. The site is located in an MPC or PD District, or on land subject to an SUP; and b. The site is identified by a metes and bounds description either in the current plan for the District or SUP, or in a consistent gas well development plat or gas well development site plan. I 3/24/15 version 3. Rules and procedures for qualified sites. Sites meeting the standards in subsection (2) ( "qualified sites ") are subject to the following rules and procedures: a. Measurements of setbacks for qualified sites shall be as provided in section 35.5.10.6. b. An Operator may drill, complete and put into production new wells on qualified sites, subject to site plan and gas well permit requirements. c. Drilling and production site setbacks shall be specified in the District or conditions applicable to the SUP. Reverse setbacks shall be as provided in the District or SUP, or as determined by the City Council at the time that an amendment to the District or SUP regulations is proposed. d. The number of existing wells for the leasehold, together with the proposed number of new wells, shall be less than or equal to the acreage under the mineral lease for all or part of the District or the land subject to the SUP, divided by 20 acres. e. All other regulations effected by this amendatory ordinance (Ordinance No. ) shall apply to gas well development within the Combining District or land subject to the SUP. f Determination of the exception shall be made by the Gas Well Administrator. The applicant for the exception must include the information in Section 35.5.10.3.D for all the existing or planned gas well development sites subject to the leasehold. If the Combining District or the land subject to the SUP contains more than one gas well leasehold, the boundaries of each leasehold shall be shown with particularity on the detailed plan. g. An Operator may submit an application for an exception for a period of six months after the effective date of this amendatory ordinance (Ordinance No. ). During such period, an applicant may qualify as many existing sites under the exception as are designated in the plan for the Combining District or by the terms of the SUP without the necessity of submitting an application for a gas well development site plan. Sites which have not been qualified within such period shall be subject to the requirements of this section 35.5.10.3 or rules for Combining Districts contained in Section 35.7.16. An Operator may appeal the determination of the Gas Well Administrator to the Board of Adjustment pursuant to Section 35.5.10.7. h. If the requested exception for a Drilling and Production Site is denied by the Gas Well Administrator, the provisions of this Section 35.5.10.3 relating to consolidation permits shall apply to the site. D. Application Requirements. 10 3/24/15 version 1. Pre - application Conference. The applicant shall schedule a conference with the Gas Well Administrator 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 site, providing a detailed plan(s) and including the following information: a. A property description of all lands for which applicant holds or controls, either solely or jointly, 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 drawn between each existing or proposed well; g. A plan clearly depicting 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; h. Proof of notice to each surface owner within the proposed boundaries of the consolidated lease area; and i. Copies of any proposed surface development plans, including but not limited to preliminary subdivision plats, other than gas well developments, for the consolidated lease area. 11 3/24/15 version 3. An application for a Preliminary Gas Well Development Site Plan for the proposed consolidated site, prepared in accordance with Section 35.5.10.4, may be submitted and processed with the application for a Consolidation Permit. E. 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 Gas Well Administrator 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 Gas Well Administrator shall notify the applicant of its rights to request a special exception from the Board of Adjustment pursuant to Section 35.5.10.7. If an applicant chooses to seek a special exception from the Board, all further review of the Consolidation Permit application shall be suspended pending the Board's decision on the appeal. F. 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 35.5.10.7, the Gas Well Administrator 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 ( "contiguous leased areas "). 2. Criteria. In evaluating an application for a Consolidation Permit, the Gas Well Administrator shall apply the following criteria: a. Except as otherwise provided for in this section 35.5.10.3, an existing Drilling and Production Site may not be designated as a consolidated site if- (1) The existing Drilling and Production Site is located within a flood plain or other ESA; or (2) The Drilling and Production Site setback for the consolidated site fails to meet the standards in subsection F.2.c.; or 12 3/24/15 version (3) There is another Drilling and Production Site within the contiguous leased area that has a greater Drilling and Production Site setback; or (4) The only road access for the proposed consolidated site traverses neighborhood streets. 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 Site 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. The Gas well Administrator may not approve a consolidated site with a drilling and production site setback of less than the following distances, relative to the size of the contiguous leased area to be restricted, unless the Board of Adjustment authorizes a lesser distance: Minimum Site Setback 1200 feet 1000 feet 800 feet Contiguous Leased Acreage 1 -80 acres 81 -160 acres 161 -640 acres d. The site must be served by safe access to a road network that has adequate capacity to serve all proposed gas well development proposed for the site and that does not involve traversing existing or approved neighborhood streets. Following an initial adequacy determination, the Operator shall submit an updated analysis demonstrating adequacy with an application for a new gas well permit or for any activity requiring a completion permit. 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 Drilling and Production Site setbacks, residential uses shall be given preference over other Protected Uses and over undeveloped residential lots in developed subdivisions. 13 3/24/15 version (3) The configuration of an approved preliminary plat. 3. Decision. The Gas Well Administrator shall approve or deny the permit within five (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 as a consolidated gas well site. If the permit application is approved, the Gas Well Administrator 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 containing the information and conditions specified in subsection (5)(a); c. A statement that no new wells shall be established on other Drilling and Production Sites shown on the development plat; and d. A statement that development of each authorized gas well is subject to the requirements for all subsequent site plans or permits for such well. 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; (4) states that no other Drilling and Production Sites may be established within the boundaries of the plat; and (5) delineates reverse setbacks from the consolidated site and all other existing sites within the boundaries of the plat. 14 3/24/15 version b. The applicant shall record the development plat within 30 calendar days following approval by the Gas Well Administrator. c. Provide for 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 35.5.10.7.A. An aggrieved owner of property subject to the mineral leasehold may appeal approval of a Consolidation Permit to the Board of Adjustment pursuant to Section. 35.10.7.A G. Effect of Approval. The approval of a Consolidation Permit designating a consolidated site shall have the following effects: 1. All Gas Well Permit applications submitted thereafter for the consolidated site shall not be subject to the drilling and production site setbacks in Section 35.5.10.6.A. 2. 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 drilling and production activities, workover operations, and recompletion activities, subject to approval of a new gas well permit, or those authorized by an exception pursuant to subsection 35.5.10.3.C. 3. 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 35.5.10.6.B. H. Expiration of Consolidation Permit; Suspension of Authorization to Develop Gas Wells within Consolidated Site. 1. A Consolidation Permit shall expire five (5) years from the date of approval if at least one authorized new gas well has not achieved "first sales" by such date. 2. The right to submit additional applications for development of new gas wells on the consolidated site shall be suspended five (5) years from the date of "first sales" for the initial new gas well developed on the consolidated site if at least one additional authorized gas well has not achieved first sales by such date. Such periodic obligations shall continue for each successive five -year period. 3. The right to submit additional applications for development of new gas wells on the consolidated site shall be suspended twenty (20) years from the date of approval of the consolidation permit if all authorized wells have not been drilled by such date, or an extension has not been obtained from the Board of Adjustment. 15 3/24/15 version 4. Suspension of the right to submit new gas well applications for a consolidated site shall not affect drilling or production activities in progress on the date of suspension. 5. An Operator may apply to the Board of Adjustment for a special exception to extend an expiration or suspension date if such application is filed with the Board 60 days before such date. If the special exception is granted, the expiration or suspension date shall be extended accordingly, but not to exceed a period of two - years. 6. An Operator may apply to the City Council to reinstate the right to submit additional applications for new gas well development on the consolidated site. If such reinstatement request is not made in writing within 90 days of suspension or the Council denies the request, the Consolidation Permit shall expire. 7. If a Consolidation Permit expires, all other outstanding permits or pending permits for undeveloped gas wells on the consolidated site shall expire; provided, however, that all permits for developed gas wells on the consolidated site shall remain in effect and further provided that workover operations and recompletions for such wells may be conducted as otherwise provided in this Section 35.5.10. I. Option. An Operator, in lieu of submitting the application for a Consolidation Permit as required by this Section, and following consultation with the Gas Well Administrator, may apply for a Gas Well Combining District pursuant to Section 35.7.16 of the Denton Development Code. 16 3/24/15 version 35.5.10.4. Gas Well Development Site Plans A. Preliminary Gas Well Site Plan 1. Applicability a. An application for a Preliminary Gas Well Development Site Plan must accompany a request for a Gas Well Combining District and may be submitted with an application for a Consolidation Permit. The application will be decided with the application for the Gas Well Combining District or consolidation permit and shall be subject to the terms of such approval. 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. b. If an existing site is subject to an existing Gas Well Development Site Plan approved prior to the effective date of this amendatory ordinance (Ordinance No. ) that contains the information required by Section 35.5.10.4.2, the Gas Well Administrator will designate such Site Plan as the Preliminary Gas Well Development Site Plan for the consolidated site. 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 17 3/24/15 version 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 Gas Well Administrator. b. Criteria. The Gas Well Administrator 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 Gas Well Administrator may impose conditions that assure compliance with the terms of the prior approvals or standards of this Subchapter. 4. Effect. IN 3/24/15 version 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 Gas Well Administrator. 19 3/24/15 version b. Criteria. The Gas Well Administrator 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 35.22.2. 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. Any wells depicted in the Final Gas Well Site Plan do not constitute City authorization for the number of wells depicted. Instead, the number of wells authorized shall be determined at the time each gas well permit application is reviewed per Section 35.5.10.5. 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. Amended of a site plan may require amendment of approved subsequent permits. The applications shall be reviewed and decided in the same manner as the original application: 1. Relocate the boundaries of the Drilling and Production Site. Re- authorization for the location of a consolidated site also may be required. 2. Relocate the proposed gas wells within 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. 20 3/24/15 version 35.5.10.5. - 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 drilling activities, completion operations, including hydraulic re- fracturing, or production activities within the corporate limits of the City without first obtaining a Gas Well Permit issued under this Subchapter. 2. A Gas Well Permit shall be required for each well. No Gas Well Permit shall be issued for multiple wells. 3. A Gas Well Permit for new gas wells 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. 4. Only a second -stage Gas Well Permit is required for Completion Operations performed on an approved gas well. 5. 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. 6. 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. 7. Workover operations do not require a new Gas Well Permit. B. Application Requirements 1. Applications for first -stage Gas Well Permits shall include the following: a. A completed application and permit form provided by the City that is signed by the applicant; b. The application fee. c. A copy of the Gas Well Combining District or Consolidation Permit, or the planned zoning district exception granted under Section 35.5.10.3.C. d. A copy of the Final Gas Well Development Site Plan; e. A copy of all required Fire Code gas well - related permits; 21 3/24/15 version f. A copy of the permit issued by the RRC and corresponding API number; and 2. Applications for a stage -two Gas Well Permit shall include the following: a. A completed application and permit form provided by the City that is signed by the applicant; b. The application fee; c. Well and Operator information; d. Description of work to be performed; e. Anticipated start date; f Water source to be used for completion activities; g. Verification that notices were provided in accordance with Section 35.22.7.13; and h. Proof of insurance. 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 Gas Well Administrator 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 35.22.2. c. The application is in conformance with the insurance and security requirements set forth in Section 35.22.3 and Section 35.22.4. 3. Conditions. The Gas Well Administrator may not release the approved Gas Well Permit until after the Operator has provided: 22 3/24/15 version a. The security required by Subsection 35.22.4; 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 Gas Well Administrator shall: a. Indicate whether Initial Drilling Activities or Completion Operations and Production Activities are authorized. Before authorizing Completion Operations, the Gas Well Administrator will verify the type of Completion Operations to be used by the Operator is a method allowed by local, state or federal law; b. Identify the name of each well and its Operator; c. Specify the date on which the Gas Well Administrator 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 35.22.9 and Subsection 35.22.10; g. Incorporate, by reference, the requirement for periodic reports set forth in Subsection 35.22.12 and for Notice of Activities set forth in Subsection 35.22.13; h. Incorporate the full text of the release of liability provisions set forth in Subsection 35.22.3.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 planned zoning district exceptions granted under Section 35.5.10.3.C, 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 "; 23 3/24/15 version 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 Section 35.22.4; 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 Gas Well Administrator 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. b. If an application for a Gas Well Permit is denied by the Gas Well Administrator, 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. Either stage of a Gas Well Permit is valid for a period of one (1) year and shall automatically expire, unless the particular authorized has commenced prior to such date. 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 24 3/24/15 version the Board of Adjustment pursuant to Section 35.5.10.7; however, the Operator may reapply for a new permit, as long as the Final Gas Well Development Site Plan remains in effect. 3. 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, and annual inspection and administration fees. 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 35.22.3 and Section 35.22.4. 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. 25 3/24/15 version 35.5.10.6. Separation standards. A. Drilling and Production Site Setbacks 1. A Drilling and Production Site setback is the distance that the site must be separated from a Protected Use, freshwater well currently in use at the time a complete application for a Preliminary Gas Well Development Site Plan is filed, or a previously platted residential subdivision where one (1) or more lots have one (1) or more dwellings. Drilling and Production site setbacks are used to establish consolidated sites, qualify existing or planned sites for planned zoning district exceptions, or to guide Board of Adjustment variance or special exception decisions. In all other cases, the minimum Drilling and Production Site setback shall be 1200 feet. 2. A Drilling and Production Site setback shall be measured from the actual or proposed boundaries of the Drilling and Production Site 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. B. Reverse Setbacks 1. A reverse setback is the distance that a Protected Use other than uses associated with gas well development must be separated from an approved Drilling and Production Site or from a gas well within such site. 2. For consolidated sites and sites within a planned zoning district excepted under Section 35.5.10.3.C, the reverse set back shall be 600 feet, or as otherwise prescribed under the provisions of a Combining District. The reverse setback shall be measured from the closest exterior point of a proposed structure to be occupied by a Protected Use, in a straight line, without regard to intervening structures or objects, to the closest boundary of the consolidated site. For a proposed subdivision plat with undeveloped lots to be occupied by Protected Uses, the reverse set back shall be measured from the closest undeveloped lot boundary to the closest boundary of the consolidated site, in a straight line, without regard to intervening structures or objects. 3. For all other existing drilling and production sites, the reverse setback shall be 350 feet. The reverse setback shall be measured from the closest exterior point of a proposed structure to be occupied by a Protected Use, in a straight line, without regard to intervening structures or objects, to the closest wellhead within the site]. For a proposed subdivision plat with undeveloped lots to be occupied by Protected Uses, the reverse set back shall be measured from the closest undeveloped lot boundary to the wellhead within the site. 26 3/24/15 version 4. The reverse setback for all other proposed habitable structures shall be the distance prescribed by the Fire Code. No habitable structure, however, shall be located within the boundaries of the Drilling and Production Site. 5. A property owner who is affected by a reverse setback from a Drilling and Production Site or gas well that is located on different property and who does not own minerals that are being exploited from such site or gas well may apply for a variance to the reverse setback to the Board of Adjustment. In no event may the reverse setback be reduced by the Board to less than 300 feet. 35.5.10.7. — Relief Measures. A. Board of Adjustment Proceedings. 1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or determinations made by the Gas Well Administrator relative to the application and interpretation of this Section 35.5.10, except for vested rights appeals and matters described in Section 35.22.8.F; furthermore the Board of Adjustment shall hear and decide requests for variances to the provisions of this Section 35.5. 10 under the relevant criteria set forth below. The Board may also grant special exceptions: (i) extending the expiration or suspension date of a Consolidation Permit, a preliminary or final 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 35.5.10.3.F. Any Operator who desires to appeal the decision of the Gas Well Administrator, request a variance or request a special exception may file the appeal or request to the Board of Adjustment pursuant to Section 35.3.6 of the DDC. Appeal fees shall be required for every appeal variance or special exception 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 Consolidation Permit, Gas Well Development Site Plan, or 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; 27 3/24/15 version 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 Drilling and Production Site would conflict with the orderly growth and development of the City; vii. Whether there are other Drilling and Production Site locations within the contiguous leased area that better meet the purpose of a consolidated site; viii. Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the site plan or 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 3/24/15 version xii. Where a variance is requested to reduce Drilling and Production Site setbacks, 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 the setbacks in writing. xiii. In no event shall the Zoning Board of Adjustment reduce the minimum Drilling and Production Site setback established under Section 35.5.10.3 to any less than five hundred (500) feet. c. The Board of Adjustment shall determine whether to grant an extension of the expiration or suspension date for a Consolidation Permit, site exception granted under Section 35.5.10.3.C, 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 Permits, 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 Permits expire or are suspended. 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 35.5.10.3, 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 also may grant an exception if there are geological or geographical factors that prevent the minerals within the original contiguous leased area from being exploited from a single consolidated site. The Board in evaluating the special exception request may employ experts, at the applicant's cost, to assist it in deciding the special exception. The Board may approve a special exception for a larger area than requested by the applicant. If the special exception is granted, the Board shall notify the Gas Well Administrator of its decision in writing, depicting the reduced contiguous leased area to be considered for the Consolidation Permit. 2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the Gas Well Administrator's order, requirement, decision or determination from which an appeal is taken. The Board of Adjustment may issue a variance to the applicant under the criteria referenced in Subsection A.I.b., and may grant a special exception 29 3/24/15 version under the criteria referenced in subsections A.Lc or A.l.d. Any action under this subsection shall require a three- fourths majority vote of the entire Board of Adjustment. 3. Any Operator or other person 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. 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 under prior gas well development regulations from the requirements of Subchapters 5, 7 or 22 as they pertain to gas well development, 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 regulations contained in Subchapters 5, 7 or 22 as they pertain to gas well development are not exempt pursuant to Tex. Loc. Gov't Code section 245.004. M Section 35.5.10 3/24/15 version Section 35.5.10 Gas Well Development 5.10.1 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 Subchapters 5, 7, 16 and 22 4-,i-s-e-4 t-f 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- _Subchapters 5 7 _0-and 22 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 primarily 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 floe- s-< 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. Formatted. Font: Bold - ----------------------------------------------------------------------------------------------------------------- Formatted: Font: Bold 3/24/15 version 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 ids-- _Subchapters 5, 7 and 22 apply only within the corporate limits of the City of Denton, except as otherwise expressly stated artec ti-c*r tlw- DD�tberein. D. i1t�rat�Cl �r ®i'19i ®119. the pTOVlSlons of Subchdptcls 5, 7, and 22 Telatln_�d5 Well4Formatted: Font: Bold develo mcnt are intended as a set of into rated rculations. Subchapter 5 establishes zoning, classifications and permitting rec nirements and procedures f <rr gas well develo went. Subchanter 7 establishes standards and procedures f <rr establishin(� overlay zoning districts pertainin(5 tc _l as well development_ Subchapter 22 contains definitions that apply to all provisions re, nlatin(� ,gas well development, and identifies operational and other general standards that apply to has well development. Each subchapter ma incorporate by reference other applicable provisions <pf this Denton Development Code that pertain to (5as well develo np 7ent. 3/24/15 version Section 35.5.10.2 Required Authorization for Gas Well Formatted: Font: Bold "Development in City Limits. A. Zoning District Classifications for Gas Well Development 1. iras well development is classifted as an industrial land use in all zoning districts. Formatted: Justified, Indent: Left: 0.5 ", Hanging: 0.5" 2. Gas well development is permitted as set l «rth in Sections 35.5. I through 35.5.7 <,l' the DDC, subject to the Limitations in Section 35.5.5 <,l' the DDC and the standards in Subchapter 22. Gas well development also is permitted if authorized by an c xistin� NIPC ar PD District or S�TI', subject to the exception standards set forth in Section 35.5.10.3 or in Section 35.7. 16 -.1 3. Gas well development within the corporate limits of the City on new dDrilling and pProduction sSites shall be authorized through approval of a Gas Well Combining District pursuant to the requirements of Section 35.22.7.16, unless exce Lions apply 4. Gas well devel<rnment within the corporate limits ol'the City on existing dDrilling� and Production sSites ( "c xistin wile w "� shall be authorized thrauuh approval of a Consolidation Permit pursuant to the requirements of Section 35.5.10.3, unless exce Lions apply 3/24/15 version B. No gas well drilling or production activities may commence within the City limits until -- Formatted: indent: Left: o" 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 35.7.16, or approval of a Consolidation Permit to authorize a new gas well on an existing Drilling and Production Site pursuant to Section 4435.5.10.3. Exceptions may apply. 2. Approval of a Preliminary Gas Well Development Site Plan pursuant to Section �35.5.10.4.A. Upon receipt of an approved Preliminary Final Gas Well Development Site Plan, the operaterOperator may commence construction of a Drilling and Production Site. No disturbance of the land is allowed until a Preliminary i-_Gas Well Development Site Plan is obtained. An application for a i#eyir�— i?i#I�reliminary Gas Well Development Site Plan +ffw4- -nom accompany a request for a Gas Well Combining District or an application for a Consolidation Permit. F'or existing sites, the Gas Well Administrator nay authorize the submittal of Final Gas Well Development Site flan in lieu <,l' submittal <,l' a I�reliminar -y Gas Well Development Site flan. 3. Upon completion of Drilling and Production Site construction, and prior to any additional activity on the site, the operaterOperato r must obtain a Final Gas Well Development Site Plan pursuant to Section 35 --224435.5.10.4.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 X35.5.10.5. 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. 3/24/15 version 10. Approval of a Gas Well Permit authorizing Completion/Re- completion Operations and Production Activities from the Denton Gas Well Division pursuant to the application requirements and standards of Section 3r-5- X35.5.10.5. 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 ?5..''_ 4.� 35.22.9.D. 14. The applications for any authorization for gas well drilling and production listed in this Subsection B 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 required prior applications have been approved, and no completeness determination shall be made until such prior applications have been approved. 14C.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, as may be modified by any exce tion granted pursuant to Section 35.5.10.3.0. The authorization for a consolidated site in a Combiningy District may be terminated follow 11( suspension of the riuht to submit further (Yas well development applications, and following action by the City Council. 2. A Watershed Protection Permit, if applicable, expires with the expiration of a Final Gas Well Development Site Plan. 3. A Consolidation Permit expires * Hle-, ° :, , ter-I? accordui Y to the provisions <af section 35.5.10.3.H. Fx ration of the consolidation permit may also result in expiration <,1' associated (5as well develo ment ermits, as provided in Section 35.5.10.3.H. 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 44L-- _Development Site Plan has been filed within one (1) year of the date of the approval of the Preliminary Gas Well Development Site Plan. 3/24/15 version 5. A Final Gas Well Development Site Plan for a new Drillino and Production Site expires unless a complete application for a Gas Well Permit has been tiled within one (1) -s-- ear of the date of approval of the Final Gas Well Site Plan. A Final Gas Well Development Site Plan for an existing Site does not expire unless a Consolidation Permit ILor the site expires,. 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 4x-- ,,one LIJnLear of the date of approval of the Gas Well Permit. Formatted: Font: Bold :. r mi- vi-ty- ED.Following expiration of an approved application for gas well drilling and production, a new application must be submitted. An epeeFOperator may reapply following oration <,P a site glen or as well perA�rit prior to expiration or termination of the consolidation permit, planned zonin(� district exception or Combining District aFs royal pertainin(, to the drilling and production site or (gas well. i2E. 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. 44F' Legal Non - Conformity; Exceptions. Non - conformities. The provisions of Subchapter 11 ( "Nonconforming Uses ") 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. 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 --car production activities ex+*,4+*H in progress an an existino site on the effective date of this amendatory ordinance (Ordinance No. ). 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 aftJ o_T_production 3/24/15 version activities in progress on an existing site on the effective date of this amendatory ordinance (Ordinance No. j. 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 --or production activities ex-f ate,- iu progress_ on an existing site on the effective date of this amendatory ordinance (Ordinance Nom. 2. General exceptions. 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. Additional exceptions to individual permit requirements may be stated nnder shall provisions. 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. G. General Application Standard. In additional to any other remedies available at law or in ecinity, the City �z7ay initiate proceedin�5s to rev<alce any site plan, permit, variance or special exc eption approved ptrrsrrant to this Section 35.5.10 upon discovery that the applicant supplied false, fraudulent or misleading information that was material to approval <,P the application under the standards applicable to the permit, variance or special exception. All site plan or permit applications or requests 1 <rr relief to the F3oald of Adjustment shall ee verified. Formatted: Indent: Left: 0 ", First line: 0" Formatted: Indent: Left: 0.25 ", Tab stops: Not at 0.75" + 1" 3/24/15 version 35.5.10.3 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 dDrilling and pProduction sSite, while future gas well development may be restricted on other existing drilling and production sites. B. Applicability � 4-_ Except as provided in subsection {�}C, 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, unless the applicant has first obtained a gas well c-Consolidation pPermit designating a consolidated drillitig atid predllptiRq site. 2. For an existino site for which no new was wells are proposed, an epe�e�Operator may continue all drilling <rr production activities in nro�ress on the site authorized bgas well permit, and rnav perform worhover operations, without having to obtain a c-Consolidation Permit. The Operator must obtain a has well permit Prior to commencement of recon� )Ietion activities. .,Exceptions. _ A #as w 4—eConsolldatlon jt ermlt is not required li:mr an C',x15tln(? (: %T'ffi (,Formatted: Indent: Left: 0" planned gas well drilling and production site if, on the effective date of this Section �� Formatted Font Bold datel, one of the following circumstances exists: -e --- -- - - - -- - - - -- - - -- I . Cseneral exceptions. "1'he proposed gas well drilling and production activities are excepted under the general criteria in Section 35.5.10.2.F'.2. 3/24/15 version 2 Planned conin 5 district exceptions. "f'he existing or planned Drilling and Production Site is located within an approved Master Planned Community (N1I'C) District or Planned Develo meat I'I)) District, or the site is subject to an approved Special D Ise Permit (SD 7I'), and the eP€�a e Operator prior to obtainin(� a ras well hermit for a new well on an L xisting site can demonstrate the firllcrwino a. The site is located in an MPC or PI) District, or on land subject to an SUP; and b. The site is identified by a metes and bounds description either in the current plan for the District or SUP, or in a consistent gas well development plat or ag s well development site plan. 3. Rules and procedures for qualified sites. Sites meeting the standards in subsection (2) ("qualified sites ") are subject to the following rules and procedures: a. Measurements of setbacks for qualified sites shall be as provided in section 35.5.10.(. b. An Operator may drill, complete and put into production new wells on qualified sites, subject to site plan and gas well permit requirements. C. Drilling and production site setbacks shall be specified in the District or conditions applicable to the SUP. Reverse setbacks shall be as provided in the District or SUP_ or as determined by the Citv Council at the time that an amendment to the District or SUP regulations is proposed. d. The number of existing wells for the leasehold, together with the proposed number of new wells, shall be less than or equal to the acreage under the mineral lease for all or part of the District or the land subject to the SUP, divided by 20 acres. 3/4-624/15 version e. All other regulations effected by this amendatory ordinance (Ordinance No. ) shall Uply to gas well development within the Combining District or land subiect to the SUP. f. Determination o r. 'The applicant for the exception must include the information in Section the leasehold. If the Combining J__)istrict_or__the_ hi-nd SLIV JCCt to the SUP contains more than on be shown with Rn�i!�tliculgr � on the detailed six months after the �effective date of this amendatory ordinance4 (Ordinance No. the SUP without the necessity- �Isgbunttuig_����� s .3 or rules f0i detenuination of the Gas Well Administrator to the Board of Adjustment ]2ursu nt to Section 35.5.10.7. Well Admini to G 1!. Application Requirements. Pre-application Conference. The applicant shall schedule ^ conference with the Gas Well Administrator before filing oo application for ^ Consolidation Permit iu order to discuss alternative locations for a consolidated gas well site and available 2. A,yUouiou Contents. The mineral lessee or operaterOperator ah^O be the oyyUoout. The applicant shall designate oo existing Drilling and Production Site as^ consolidated *e4— site, providing following information-on-,i-4e44k-d-fA�+o-: u A property description o{ all lands for which applicant holds mcontrols, either solely or jointly, the mineral lease within one mile o{ proposed gas well location, including areas within the City's extraterritorial jurisdiction; k /\ metes and bounds description o{ the proposed consolidated site; 10 3/24/15 version 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; f. 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 fr--- _drawn between each existing or proposed well; hg. A 1p an Coe clearl depictuI(Y 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 -; ill. Proof of notice to each surface owner within the proposed boundaries of the consolidated 4e ease area -; and i. Copies of any proposed surface development plans, including but not limited to preliminary subdivision plats, other than gas well developments, for the consolidated lease area. 3. An apphcatlon for a Prehminary iras Well Development Slte Plan for theme - Formatted: Indent: Hanging: o.s" proposed consolidated site, prepared. in accordance with Section 35.5.1.0.4, m <�y be submitted and processed with the application 1 <rr a eConsolidation pPermit. DE. Processing of Application Filing and Completeness Review. The application for a c-Consolidation pPermit shall be filed with the Department. The application shall be reviewed for 11 3/424/15 version completeness by the Gas Well Administrator 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. 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 eConsolidation pPermit. The Gas Well Administrator shall notify the applicant of its rights to request a special exception from the Board of Adjustment pursuant to Section 45- 224435.5.10.7. If an applicant chooses to app , all further review of the Consolidation Permit application shall be suspended pending the Board's decision on the appeal. -EF. Criteria and Decision Designation of Contiguous Leased Area. From the information submitted by the applicant, or as determined by the Board pursuant to section 35.5.10.73- 22-4-.P, the Gas Well Administrator 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 ("contiguous leased areas" . 2. Criteria. In evaluating an application for a Consolidation Permit, the Gas Well Administrator shall apply the following criteria: a. Exe ept as otherwise provided f <rr in this section 35.5.10.3,x an existing Drilling and Production Site may not be designated as a consolidated mkt site if: (1) The existing Drilling and Production Site is located within a flood plain or other ESA; e)r (2) The dDrillin( and pProduction sSite setback for the consolidated site to meet the standards in subsection eF.2.c, -; c)r Z22 � r-- ,.��n- i;444-- - tted (43) There is another Drilling and Production Site within the contiguous leased area that 4- has a greater ali`;taaec � ad Drilhn- and pProduction sSite sek�ael�setba&7 or 12 3/24/15 version (41 1'he only road access 1 <rr the proposed consolidated site traverses neighborhood streets Formatted: Font: Bold 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 pProduction Site within the leased area, but an additional well shall be authorized for every plugged and abandoned well on another 'Drilling and pProduction sSite 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 operateFOperator. The maximum area can be increased one (1) acre for each additional oper4orOperator that locates wells on the consolidated site. C. The gGas wWell aAdministrator may not approve a consolidated site 4i�4 ewith a drilling and production site setback of less than the following distances, relative to the size of the contiguous leased area to be restricted, unless the Board of Adjustment authorizes a lesser i distance: Minimum ta%i 3#eeee siteetbach Contiguous Leased Acreage 1200 feet 1-80 acres 1000 feet 81 -160 acres 800 feet 161 -640 acres d. The site must be served by safe access to a road network that has adequate capacity to serve all proposed gas well development proposed for the site and that does not involve traversing existing or approved neighborhood streets. Following an initial adequacy determination, the eptttt- erator shall submit an updated analysis dem<rnstratin� adequacy with an application 1 <rr a new gas well Hermit or 1 <rr any activity recluirina a completion ern n7it. 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. 13 3/24/15 version (2) In considering Drilling and pProduction sSite setbacks, residential uses shall be given preference over other Protected Uses and over undevelo ed residential lots in developed subdivisions. (31 The confiuuratwn of an ap roved preliminary plat. Decision. The tLGas wWell -aAdministrator shall approve or deny the permit within five 51 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 as a consolidated gas well site. If the permit application is approved, the Gas Well Administrator 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 eConsolidation pPermit 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 4R+t - - 4 iJ 4ete a ^�- containino the information and conditions specified in subsection (5)(a); tail C. A statement that no new wells shall be established on other Drilling and Production Sites shown on the development plat; and d A statement that development <,P each authorized as well is subject to the requirements 1 <rr all subsequent site plans or permits 1 <rr such well. 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 14 3/24/15 version exception to the requirements for a Consolidation Permit pursuant to subsection 35.22.4.B.2; ar4 (4) states that no other Drilling and Production Sites may be established within the boundaries of the plat; and (5) delineates reverse setbacks from the consolidated site and all other existinu sites within the boundaries of the Wit. b. The applicant shall record the development plat within 30 calendar days following approval by the Gas Well Administrator. C. Provide for roadway improvements needed to offset the impacts of traffic from the consolidated gas well site. 6. Appeal. Appeal of the gGas wWell aAdministrator's denial of the eConsolidation pPermit application shall be to the Board of Adjustment pursuant to Section 44 -1-4ri 7 35.5.10.7.A. T tra a a; le ,lca- rrca'i% =c: 4riri-c,`.r. "v-ei'mii- :v'c't `rzrn irx:r:r'crcr .-ccmii- ��.'� -r z- 9-A4 -.i-, An a—rleyed owner of property subject to the mineral leasehold mamma cal a proval of a eConsolidation pPermit to the Board of Adjustment pursuant to Section.35.10.7.A FG. Effect of Approval. The approval of a Consolidat€4ion Permit designating a consolidated site shall have the following effects: al. All Gas Well Permit applications submitted thereafter for the consolidated site shall not be subject to the _,drilling and production site setbacks in Section 45 -2 -- 9- A435.5.10.6.A, 4u4-- ' "* to---s' are: -,�- 42. 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 drillin- and production activities, workover operations, and recorn letion activities, subject to approval of a new has well permit, or those authorized by an exception pursuant to subsection 4-5—.19-444-23 5.5.10.3. C. e3. 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 4-5-22-9-A43 5.5.10.6. B. G11-1. Expiration of Consolidation Permit; Sustaension of Authorization to Develop Gas Wells within Consolidated Site. 15 3/24/15 version 1______- i43c- aereirciri� -i%t �, . rr • ;avr-�i"mrT.i- ceiirlstikil 't xa4fa :si "msrx"— e�`ie= sc�'4�$ A eConsolidation pPermit shall ex s five (5) years from the date <,f approval if at least one authorir.ed new Gas well has not achieved "first sales" by such date. 2. The e consolidated site shall be suspended five (5) years fron7 the date <,f' `first sales" I,or the initial new (5as well developed on the consolidated site ii' at least one additional authorized ,yas well has not achieved first sales by such date. Such eriodic obli, ations shall continue f <rr each successive five -year period. 3 The right to submit additianal applications for development of new has wells on the consolidated site shall be suspended twenty (201 Years from the date <,P approval of the consolidation Hermit if all authorized wells have not been drilled by such date, or an extension has not been obtained from the Board of Adjustment. 4. Suspension <,P the riGht to submit new Gas well applications for a consolidated site shall not affect drillingy or production activities in proGress on the date of sus ension. 5. An eper- �te�Operator maY apply to the Board of Adjustment 1 <rr a special exception to extend an expiration or suspension date if such application is filed with the Board 60 days before such date. If the special exception is Granted, the expiration or suspension date shall be extended accardin�lY, but not to exceed a period of two - ears. C. An Operator mpply to the City Council to reinstate the right to submit additional applications for new Gas well development on the consolidated site. If' such reinstatement request is not made in writin, within 90 days of suspension or the Council denies the request, the eConsolidation pPermit shall expire. 7 If a eConsohdatton pPermit expires, all other outstandm� permits or pc ndtnG pcxmtts- — Formatted: Indent: Left: 0.5 ", Hanging: for undeveloped gas wells on the consolidated site shall ex ip re; provlded, however, 0,25' that all permits f <rr developLdSas wells on the consolidated site shall remain in effect and firrher provided that workover <rperations and recompletions f <ar such wells may be conducted as otherwise provided in this Section 35.5.10. I. Option. An #F44 �eOperator, in lieu of submitting the application for a Consolidation Permit as required by this Section, and following consultation with the Gas Well Administrator, may apply for a Gas Well Combining District pursuant to Section 35.7.16 of the Denton Development Code. 16 3/24/15 version 17 3/4-624/15 version 35.5.10.4. Gas Well Development Site Plans A. Preliminary Gas Well Site Plan 1. Applicability a. An application for a Preliminary Gas Well Development Site Plan must accompany a request for a Gas Well Combining District and may be submitted with an application fora e—Consolidation pPernut. The application will HE-444_- 4 decided with the application �for the Gas Well Combining District or consolidation permit and shall be subject to the terms of such ap royal. 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. 4-ffi+-apfA Fa-4 beeH_R*1 b. Il' an existin(� site is subject to an existin 5 Gas Well Devel<rpment Site flan approved prior to the effective date <,1' this amendatory ordinance (Ordinance No- ------- ) that contains the information required by Section 35.5.10.4.2, the iras Well Administ ell Developpment Site flan f <rr the consolidated site. 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, operaterOperato , 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; 18 3/24/15 version 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 Gas Well Administrator. b. Criteria. The Gas Well Administrator 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 Gas Well Administrator may impose conditions that assure compliance with the terms of the prior approvals or standards of this Subchapter. 19 3/24/15 version 4. Effect. Upon receipt of an approved Preliminary Gas Well Development Site Plan, the operaterOperator may commence construction of a gas well drilling and production site. Following construction of the site, the operaEerOperator 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 20 3/24/15 version 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 Gas Well Administrator. b. Criteria. The Gas Well Administrator 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 3,5- X35.22.2. 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 operaterOperator to apply for a Gas Well Permit and other permits required before commencement of drilling activities on the Drilling and Production Site. Any wells depicted in the Final Gas Well Site Plan does not constitute City authorization for the number of wells depicted. Instead, the number of wells authorized shall be determined at the time each gas well permit application is reviewed per Section 3,`-29- 435.5.10.5. C. Amended Gas Well Site Plan If the operaterOperator proposes to do any of the following, amended Preliminary and Final Gas Well Development Site Plans shall be required. Amended of a site plan marequire amendment ( L LTproved subseduent permits. The applications shall be reviewed and decided in the same manner as the original application: 1. Relocate the boundaries of the Drilling and Production Site. Re- authorization for the location of a consolidated site also may be rec aired. 2. Relocate the proposed gas wells within 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. 21 3/4-624/15 version 35.5.10.5. - 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 44e-- _drilling; e -J44i- activities, completion operations, including hydraulic re- fracturing or production -as-�u within the corporate limits of the City without first obtaining a Gas Well Permit issued under this Subchapter. 2. A Gas Well Permit shall be required for each well. No Gas Well Permit shall be issued for multiple wells. 3. A Gas Well Permit for new has wells 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 4 �4i _ Operations and Production Activities. 4. Only a second -sta 5e Gas Well Permit is required for eComnletion �t - Operations performed on an approved has well. 45. 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. 46. 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. 7. Wodtover opeations do not require a new Gas Well Permit. B. Application Requirements L.—Applications for first -stage Gas Well Permits shall include the following: — - Formatted: Indent: Lett: 0.25', Hanging: 0.25', Tab stops: Not at 0.5 ---- -_4-a. A completed application and permit form provided by the City that is signed by- Formatted: Indent: Left: 0.5', Hanging: the applicant; 10.25" J __ -_ -2b. The application fee. 22 3/24/15 version 3e. A copy of the Gas Well Combining District or Consolidation Permit, or Formatted: indent: First line: o" distriet exce tion granted under Section 35.5.10.3.0. __ -_4d. A copy of the Final Gas Well Development Site Plan; __-_4e. A copy of all required Fire Code gas well - related permits; __ -_4f. A copy of the permit issued by the RRC and corresponding API number; and 2 Applieations for a stage -twa Gas Well Permit shall inelude the fallcrwin� a. A completed application and permit form provided by the C ity that is signed by the a licant; b. "f'he application fee; c. Well and Operator information; d. Description of work to be performed; e. Anticipated start date, f. Water source to be used for completion activities, g. Verification that notices were provided in accordance with Section 35.22.7.13; and h. Proof of insurance. 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 Gas Well Administrator shall approve the application if it meets the following standards: 23 3/24/15 version 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 3,5- X35.22.2. c. The application is in conformance with the insurance and security requirements set forth in 4 Section 4-5- 2-2435.22.3 and 44 ti *a- Section 4-5-2-2,4435.22.4. 3. Conditions. The Gas Well Administrator may not release the approved Gas Well Permit until after the Operator has provided: a. The security required by Subsection ? 5.''�'' -'a-n35.22.4; b. Upon the Operator paying the required Road Damage Remediation Fee that will obligate the operaterOperator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the op@rateFOperator 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 Gas Well Administrator shall: a. Indicate whether Initial Drilling Activities or Completion Operations and Production Activities are authorized. Before authorizing Completion Operations, the Gas Well Administrator will verify the type of Completion Operations to be used by the Operator is a method allowed by local, state or federal law; b. Identify the name of each well and its Operator; c. Specify the date on which the Gas Well Administrator 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; f. Incorporate, by reference, the insurance and security requirements set forth in Subsection 35.22.9 and Subsection 35.22.10; g. Incorporate, by reference, the requirement for periodic reports set forth in Subsection 35.22.12 and for Notice of Activities set forth in Subsection 35.22.13; h. Incorporate the full text of the release of liability provisions set forth in Subsection 4-5-224-A-43 5.22.3. A. I 24 3/24/15 version i. Incorporate, by reference, the conditions of the applicable Gas Well Combining District or Consolidation Permit, or if applicable, the terms of the ' ^r - r-��— � i-c� planned zonin�� district exceptions ;ranted under Section 35.5. _10.3.0 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 operaterOperator has provided the security required by 444s iw - ?,-5- 22- 44Section 35.22.4; 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 Gas Well Administrator to deny an application for a Gas Well Permit shall be provided to the ep@raterOperato r in writing within ten (10) days after the decision, including an explanation of the basis for the decision. 25 3/24/15 version b. If an application for a Gas Well Permit is denied by the Gas Well Administrator, 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. f4-Either stake of a -Gas Well Permit is valid for -period of one (1) ear and shall automatically expire, unless the particular € authorized # as w- 4 i11' "ate fr i akin _ has commenced prior to ex-�iE4isrrcb date. 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 45.�Section 35.5.10.7; however, the Operator may reapply for a new permit as lon- as the Final Gas Well Devel<rgment Site flan remains in effect. ' ttc-�r � r�rt.:, ,,..,a t�r-� • i-et i�ik e3 G ? • i H ff �i4r ic-* 3..w°°°°° 4-Vi i`.- s- °`dr'c'i 1( $ :M-Yi Ydikt. r" -. -. .cc,lcr�ir`rz°°'c"rea ,s„ , -• mr 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, and annual inspection and administration fees. 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 4-5- X35.22.3 and Section 35.''35.22.4. 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. 26 3/24/15 version 35.5.10.6. Separation standards. A. Drillin, and Production Site Setbacks 1. A dDrilling and pProduction sSite setback is the distance that the site must be sC parated from a I "rotected t7se, freshwater well currently in use at the time a complete application 1 <rr a I "reliminary Gas Well Development Site flan is filed, or a previouslplatted residential subdivision where one (11 or more lots have one 111 or more dwellin(, s. Drillin(� and pProduction sSite setbacks are used to establish consolidated sites, clualily existin(� or planned sites 1 <rr planned r.oninr district exceptions, or to guide F3oard <,f Adjustment variance or special exce tion decisions. L '+- s! r - 'r! ��, ,!,- ,! /I ^D (Y (Y\ 1�.- -E-1'�.-- i3�l� --l=•r :mrc-'u- rc.'�- cr- <:%rc;- fir-- i=c.=si2�$tE'f n' nap i,,,. ",a,-e i i 7nrt a .cam "., i s ,;trr,ap a p t-t ` tt, r-i�t- �}k1 -r- ask }isiit-- tc- Y- ti€- �r1- �, -7.'r r- -cix- i'n`ri-$i"ct- trii•• , " c- cni-caii- 'rH�- zi- C- Q- I'k�:i€ -fir �,'"lift� In all other cases the minimum dDrillin� and Production site sSetback shall be 1200 feet. sL r ` 2. Ste, iis. as A dDrillin(� and pProduction sSite setbaclt shall be measured from the + actual or roposed boundaries of the Drilling and Production Site 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 tiled, or the closest lot line of any undeveloped Protected Use lot within a proposed subdivision plat. �c- isrtr',- i'cri1't-i$*ik?.' ' 'r:.. :M -Yi1- B. Reverse Setbacks 1. A reverse setback is the distance that a-pfepes -e4 rotected +iUse or -44Fi+ e_ other than uses kw-es_ associated with gas well development must be separated 27 3/4-624/15 version from an approved Drilling and Production Site or from a gas well within such site. For consolidated sites and sites within a �Ianncd zoninu district Lexce excepted �undeI- - - Formatted: 0.25" Section 35.5.10. 3.0 the reverse set back shall be 000 feet or a3 otherwise pLescnbcd under the provisions of a 0 ombinin 5 District. "1'he reverse setback shall be measured from the closest exterior point of a roposed structure to be rd to intervening st consolidated site. For a proposed subdivision plat with undeveloped lots to be Deco ip c by ed Uses- the reverse set back shall be measured from the closest undeveloped lot boundary 3. For all other existing - {Formatted: n- i 6-25;� ---------------------- .. ............................ 350 feet. The reverse setback shall be measured from the closest exterior point <,P a proposed structure to be occupied by a Protected D Ise, in a straight line, without rea rd to intervening structures or objects, �to the closest wellhead ��} within the, St,44 trt e��elll3ea Fora nLoposed subdivision plat with undeveloped lots to be oucurned by Protected 1JSes, c reverse set back shall be measured from the closest undeveloped lot b ..... dary to the wellhead within the site. a-4+ e 4-4i&44f+4Hi-, 4. The reverse setback for all oLl,,r-Vr,,V,,,sd habitable structures sl,,,Il be the distance 44o- �,i i—SitL- No habitable Structure however shall be located within the boundaries of the -Drillingand Production Site 5. A ropers owner who is {di'ected by a reverse setback from a dDrillin 5 and tProduction sSrtc or gas well that is located on different pr<aper�y and who does not own minerals that are being explaited fram such Site ar was well may apply for a variance to the reverse setback to the Board of Adjustment. In �uo event may the reverse setback be reduced Iry the Board to less than 300 feet. 35.5.10.7. - Relief Measures. A. Board of Adjustment Proceedings. 28 3/24/15 version The Board of Adjustment shall hear and decide appeals of orders, decisions, or determinations made by the —E Lias Well Administrator relative to the application and interpretation of this St- a e+Section 35.5.10, except for vested rights appeals and matters described in Section ?�,'35.22.�.F'; furthermore the Board of Adjustment shall hear and decide requests for variances to the provisions of this 4 i' t-- Section 35.5.10 under the relevant criteria set forth below. The Board may also grant special exceptions: (i) extending the expiration or suspension date of a Consolidation Permit, a it l?. i rtr -l'l a- al reliminary or final 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 4-5-24-444435.5.10.3.F. Any Operator who desires to appeal the decision of the Well Administrator, request a variance or request a special exception -may file *H- the appeal or �,-afiaffee; rec trl est to the Board of Adjustment pursuant to t-l+i-s -S ti l th 4rm� =aye Appeal fees shall be required for every appeal c_ variance or special exception 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 Consolidation Permit Gas Well Development Site Plan, or ie4,,s -T - ftE*+- raa —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; 29 3/24/15 version 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 dDrilhua and pProduction sSite would conflict with the orderly growth and development of the City; vii. Whether there are other t,4efH&4N- dDrillino and pProduction s&e- Formatted: indent: Lett: 1 ", Hanging: 6.25" locations within the contiguous leased area that better meet the putpose of a consolidated site; viii. Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with thel gin-- e��site plan or 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 a i,sue ---��srraz err ?5- 24.9 -A4-A4 and pProduction sSite setbacks, 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 i,&*r -s �:— the setbacks in writing. 30 3/24/15 version xiii. In no event shall the Zoning Board of Adjustment reduce the minimum tr rirt. td as =--s- en+e Drllhnt? and Production sSltc setback established 4-..-5 '2.z^ maunder Section 35.5.10.3 to any less than Live hundred 015 00) feet. c. The Board of Adjustment shall determine whether to grant an extension of the expiration or suspension date for a Consolidation Permit, site cxccption granted under Section 35.5. _103C 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 Permits, 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 Permits e�ip4escxpirc or arc sus cndcd. 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 eConsolidation pPermit pursuant to Section 4 435.5.10.3, 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 also may grant an exception if there are 5cological or �co�raphical 1 {actors that prevent the minerals within the original contiguous leased area Pram bcin� exploited from a single consolidated site. The Board in evaluating the special exception request may employ experts, at the applicant's cost, to assist it in deciding the special exception. The Board may approve a special exception for a larger area than requested by the applicant. If-the-spec ra I exception is granted, the Board shall notify the Gas Well Administrator <,Pits decision in writin 5, depicting the reduced contiguous leased area to be considered 1 <rr the eConsolidation Permit. 2. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the �}i�tse%w seas Well Administrator's order, requirement, decision or determination from which an appeal is taken. 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 subsections A. Lc or A. I. d. 31 3/24/15 version Any action under this subsection shall require a three - fourths majority vote of the entire Board of Adjustment. Any Operator or other person 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. �. ites#teeaait A� iloved to Section 35.22.81 i,- 443& —apf iii'at -r'clz ---$ -7 i�•cm�-- -ciic- -=c 2S 'ter' G. 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 €4 -- t" iticrrander prior , as well development rel., trlations m tile rrm <rf Subchapters 5, 7 or 22 as then pertain to as well development, 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 itrg _regulations contained in t-ltiat- Subchapters 5, 7 or �,;t 4 22 as they-per-tain to gas well development are not exempt re iticrr— f�l —tre pursrant t<r "d'ex. I,oc. Gov't Code section 245.004. - — Formatted: Justified, Indent: Left: 0.75', Pattern: Clear (White) 32 Exhibit 3 Section 35.7.16 Clean 3/24/15 version 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 ( "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 Combining 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 Combining District. A Combining District may also be approved for the purpose of designating an existing Drilling and Production Site as a consolidated site in lieu of obtaining a consolidation permit under Section 35.5.10.3. C. Nature of Combining District. The 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 Combining District, which shall be designated as 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 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 Combining District shall be forty (40) acres. Not more than one consolidated site shall be allowed within the Combining District. All contiguous areas subject to mineral leases owned or controlled, either solely or jointly, by the applicant shall be included within the proposed Combining District. If the applicant demonstrates that contractual obligations, or geographic or geological conditions, make it infeasible to utilize a single site for exploitation of gas resources within the consolidated lease area, the City Council may consider the request as one for multiple Combining Districts. 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 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 proximity to and compatibility of the proposed consolidated site with other existing and authorized surface developments within the proposed Combining District; 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 sole or joint control (e.g. Joint Operating Agreement) of the applicant, relative to the location of existing and authorized surface developments; 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 Combining District adversely affects watersheds, floodplains and other ESAs; 6. The adequacy of roads for access to the proposed Combining District and the road network serving the proposed consolidated site, taking into account existing, proposed Pi and planned surface developments within and adjacent to the District, and the effects of proposed access routes on residential streets; 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; 9. The limitations on the applicant's ability to reasonably access the minerals it owns or leases without from a single consolidated site; and 10 The effect of reverse setbacks for the proposed consolidated site on existing, authorized and planned surface developments other than gas well developments. 35.7.16.5. Contents of Combining District Ordinance. The Ordinance approving the Combining District shall identify the following: 1. The boundaries of each base zoning district that underlies the Combining District; 2. The boundaries of the Combining 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; and c. The reverse setbacks for the consolidated site and each existing Drilling and Production Site. 5. Requirements for public facilities to serve the consolidated site and existing Drilling and Production Sites within the District, including provision for improvements to the road network serving the consolidated site, if any, over time; 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 Combining District to the consolidated site; 3 8. The limitations on gas well development within all other existing Drilling and Production Sites within the Combining District, including without limitation vacation of prior approved gas well development plats or site plans; and 9. Provisions for changing the Zoning Map to designate the Combining District. 35.7.16.6 Options and Conditions. In deciding the application, the Council may provide for any of the following: 1. 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; 3. 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 development of new gas wells. 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 Combining 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 the dedication or construction of public facilities necessary to serve gas well development within the Combining District; and 5. 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 Combining District, the following rules shall apply within the Combining District. These rules shall not be varied without amendment of the Combining District Ordinance. 1. 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. 3. No other Drilling and Production Sites may be created within the boundaries of the Combining District. :l 4. Unless different reverse setbacks are specified in the Combining District Ordinance, the provisions of Section 35.5.10.6.13 shall apply to development within the Combining District. 5. All subsequent gas well development within the Combining District shall be in accordance with the standards and procedures contained within Section 35.5.10 and Subchapter 35.22 and shall be in compliance with any conditions made applicable to such development within the Combining District. 6. After designation of the consolidated site for the Combining District, Drilling and Production Site setbacks shall not apply to gas well development within the Combining District. 7. No more than one gas well per 20 acres of land within the Combining District may be developed on a consolidated site. 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 Section 35.5.10 and Subchapter 35.22. 35.7.16.8 Application Requirements. The applicant for a 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 35.5.10.3.D shall apply to a request to establish a Combining District. The request for a Combining District may be accompanied by an application for a Watershed Protection Permit, where applicable, or a Preliminary Gas Well Development Site Plan. In addition, the applicant shall include the following: 1. Proof of notice to each surface owner within the proposed boundaries of the Combining 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; 5. A draft Combining District Plan containing the elements described in Section 35 7.16.5(4); and 6. Where applicable, existing and proposed Drilling and Production Sites in relation to the boundaries of floodplains, other ESAs and the 1200 -foot setback from Lake Ray Roberts or Lake Lewisville contained with the proposed Combining District. 35.7.16.9. Amendments. A. Following approval of a Final Gas Well Development Site Plan pursuant to Section 35.5.10.4, 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 Suspension of Authorization to Develop Gas Wells within Combining District. The authorization to develop gas wells within a Combining District on the consolidated site shall be suspended under the rules for expiration of a consolidation permit or suspension of the authorization to develop gas wells on the consolidated site, as set forth in Section 35.5.10.3.H. Suspension proceedings under this Section shall follow any proceedings before the Board of Adjustment and action on the request of the Operator to extend the expiration or suspension date. 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 Drilling and Production Sites to a 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 a site approved pursuant to a Specific Use Permit may apply to create one or more Combining Districts pursuant to this Section 35.7.16. C. Upon approval of a 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. 11 Section 35.7.16 3/4- 624/15 version SECTION 35.7.16 Gas Well Combining District 35.7.16.1. Purpose, Applicability and Nature of Combining District. Formatted: Font: Bold Formatted: Indent: Left: 0 ", First line: 0" A. Purpose. The purpose of the Gas Well Combining District ("Combining District") is to- Formatted: Indent: Left: 0.25 ", Hanging: assure compatibility between gas well development and residential, commercial and 0.25" 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 Combining 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 ands --- Formatted: Indent: Left: 0.25 ", Hanging: Production Site unless such activities have been authorized by approval of a Combining 0.25" District. A Combining District may also be approved for the purpose of designating an existing Drilling and Production Site as a consolidated site in lieu of obtaining consolidation permit under Section 35.5.10.3. AU ^°« Drilling aad PreE44etiRp sity," tR C. Nature of Combining District. The Combining District shall be considered an overlay- - - Formatted: Indent: Left: 0.25 ", Hanging: zoning district that combines with any base zoning district, or with a proposal to initially _0.25" 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 Combining District, which shall be designated as the "consolidated site." D. Terms. The terms used in this Section incorporate the definitions of terms in Subchapter" -� Formatted: Indent: Left: 0.25 ", Hanging: 35.22. 0.25° ,35.7.16.2. Uses Permitted- Within- Combining District. - Formatted: Font: Bold 11 - - - -- - - -- - - - -- Only gas well drilling and production activities and uses incidental thereto are authorized -[For -- Indent: Left: 0.25" within Drilling and Production Sites within a Combining District. Within all other areas of g y y g O authorized.­— - or: Auto the Combining District, only the uses authorized b the base zoning district (s) are Formatted: Font col 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. 35.716.3 Size of Combining District and Number of Wells Allowed. � Formatted: Font: Bold A. Area of District. The minimum area permitted for a Combining District shall be a - - -- Formatted: Indent: Lett: 0.25 ", Hanging: ("fort 40 acres, 0.25' sa,Aalle.r -. Not more than one Prillitig atid PrRdliptiR44 S'iti-consolidated site shall be allowed per e_gb y (90) a__e: within the Combining District. All contiguous areas subject to mineral leases owned or controlled, either solely or jointly, by the applicant shall be included within the proposed Combining District, a tiles,, the plie r, eati ae ffiefistr4e thy, Sit * ^r utiki4ag S small@r a If the applicant demonstrates that contractual obligations, or e�OgrEhic or geological conditions, make it infeasible to utilize a single site for exploitation of gas resources within the consolidated lease area, the City Council may consider the request as one for multiple Combining Districts. B. Number of Gas Wells. It is the intent of the Combining District regulations to- -- 10.25" Formatted: Indent: Lett: 0.25', Hanging: 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. - -{ Formatted: Font: Boid In determining whether a Combining District should be established, the Planning and Zoning Formatted: Indent: Lett: 0.25' 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 compatibility of zoning district for the pruoposeauthoCombining d District and- 10.25" att ed: Indent: Lett: o.zs ", Hanging: classification(s); 2. The proximity to and compatibility of the proposed Prillitig Mid PrRdiiptiRq - --{ Formatted: Indent: Lett: 0.25', Hanging: 4E econsolidated site with other existing and authorized surface developments within the l 0.25' proposed Combining District; 3. The location of existing Drilling and Production Sites within the proposed Combining - Formatted: Indent: Lett: 0.25', Hanging: District or within one half -mile of the proposed consolidated site, which are under the 0.25' sole or joint control (e.g. Joint Operating Agreement) of the applicant, relative to the location of existing and authorized surface developments; 4. The location of other Combining Districts or consolidated sites within one -half mile of- Formatted: Indent: Lett: 0.25', Hanging: the proposed consolidated site; 0.25' 5. The extent to which the proposed Combining District adversely affects watersheds, -R+14- - 10.25" Formatted: Indent: Lett: 0.25 ", Hanging: floodplains and other ESAs; 6. The adequacy of roads for access to the proposed Combining District -- Formatted: Indent: Lett: 0.25 ", Hanging: and the road network serving the proposed consolidated site, era �' �_.� *_ �r °__ *_ra 0.25" taking into account existing proposed and planned surface developments within and adjacent to the District, and the effects of proposed access routes on residential streets; 7. The location of existing and proposed pipelines and water lines to serve the proposed* -� Formatted: Indent: Lett: 0.25 ", Hanging: consolidated site and the anticipated effects of such facilities on other surface 0.25" developments within the proposed Combining District; 8. The extent of contiguous mineral leases held or under the control of the applicant; R*d Formatted: Indent: Lett: 0.25 ", Hanging: 0.25° 9. The limitations on the applicant's ability to reasonably access the minerals it owns or* Formatted: Indent: Lett: 10.25" 0.25 ", Hanging: leases without utiki4ag dw pr^ ^ ^° °afrom a single consolidated site; and 10 consolidated on existing, authorized � �02� atted: Indent: Lett: o.zs ", Hanging: alhd planned surface developments other e than gas well de iit 35.7.16.5. Contents of Combining District Ordinance. - Formatted: Font: Bold The Ordinance approving the Combining District shall identify the following: Formatted: Indent: Lett: 0.25" 1. The boundaries of each base zoning district that underlies the Combining District; Formatted: Indent: Lett: 10.25" 0.25 ", Hanging: 2. The boundaries of the Combining District; —� - - - - - -- -- Formatted Indent: Left 0.25" Hanging: 0.25" 3. Identification of the consolidated site and each existing Drilling and Production Site- Formatted: Indent: Left: 0.25 ", Hanging: within the Combining District by metes and bounds description; 0.25" 4. A Combining District Plan showing the following: - - - Formatted: Indent: Left: 0.25 ", Hanging: 0.25° ------------------------------------------------------------------ a. The location of the consolidated site and each existing Drilling and pProduction ,,Site4 — - ------ - - ------------------------ - - - - -- -------------------------------------------------------- Formatted: Indent: Left: 0.5 ", Hanging: within the district; 0.25" b. The location location of the roads approved for access to each Drilling and Production Site;- (� PP g a Formatted: Indent: 10.25" Left: 0.5 ", Hanging: c. The reverse set-backs 4 i for the consolidated site and eachr - - Formatted: Indent: Left: o.s ", Hanging: existing Drilling and Production Site. 0.25" 5. Requirements for public facilities to serve the Prillitig atiEl PredllptiRq S. i consolidated- -� Formatted: Indent: Left: 0.25 ", Hanging: site and existing Drilling and Production Sites within the District, including provision for 0.25" improvements to the road network serving the consolidated site, if any—overtime; 6. Any conditions applicable to the gas well drilling and production activities within the- -� Formatted: Indent: Left: 0.25 ", Hanging: Combining District; 0.25" 7. The number of ands atted: Indent: Left: o.zs ", Hanging: 10.25" Production Sites wt hin or outside the Cbe�t�ransfe District riot to the oonsolidat d site; 8. The limitations on gas well development within all other existing Drilling and Productions - -- 10.25" Formatted: Indent: Left: 0.25 ", Hanging: Sites within the Cmbining District, including without limitation vacation of prior approved gas well development plats or site plans; and 9. ,. Formatted: Indent: Left: 0.25 ", Hanging: ffi 0.25" Provisions for changing the Zoning Map to designate the Combining District. 35.7.16.6 Options and Conditions. Formatted: Font: Bold In deciding the application, the Council may provide for any of the following: —� Formatted:_ Indent: _Left: 0.25" 1. Designation of a different consolidated site than that proposed by the applicant if it better- -- Formatted: Indent: Left: 0.25 ", Hanging: meets the purposes of the Combining District; 0.25" 2. Designation of different boundaries for the Combining District than proposed by the- Formatted: Indent: Left: 0.25 ", Hanging: 10.25" applicant; 3 existing- rto atted: Indent: Left: o.zs ", Hanging: 4 )rilhng and pP od ct on 4 t s within ordoutside he District he consolidated sit 0.25" provided that the existing sites are restricted from development of new gas wells a, 4 well activities cas nneces atted: Ind ent: Left 0--.-2---5 " . Hanging: 1 o implement theproduction Combining District are necessary t purposes of the LCwithin 11he- zs J District, including the imposition of restrictions on development of new gas wells on other ADrilling and pProduction Sites under the control of the applicant and located within one -half mile of the consolidated site, and the dedication or construction of public facilities necessary to serve gas well development within the Cmbining District; and 5. Designation of an existing dl)rilling and pProduction Site as the consolidated site. Formatt ed: Indent: Left: 0.25 ", Hanging: 10.25" ®35.7.16.7 Effect of Approval of Combining District. Formatted: Font: Bold Following approval of a Combining District, the following rules shall apply within the- - Formatted: Indent: Left: 0.25 " Cmbining District. These rules shall not be varied without amendment of the Combining District Ordinance. 1. All gas well development shall be conducted solely within the consolidated site or within- - -- Formatted: indent: Left: 0.25. ", Hanging: existing Drilling and Production Site(s) consistent with the terms of the Combining 0.25' 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- - -- Formatted: indent: Lett: 0.25 ", Hanging: � for such purposes. 0.215' 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, ffe Pre-teae,tead Use be 1E)k_2,R_48d ;A4dh__iifl_ 6_00 R4 the. h-ouifid.a-rit-as, R4 the, ffia�e _feeat site-, Distrie the provisions of Section 35.5.10.6.13 shall apply to development within the Combining District. 5. All subsequent gas well development within the Combining District shall be in accordance with the standards and procedures contained within t-l+is,- Section 35.5.10 and Subchapter 35.22 and shall be in compliance with any conditions made applicable to such development within the Combining District. 6. ^^ *�° ^ ^ ^ ° ^ra * °a °i* °After designation of the consolidated site for the Combining District, Drilling and Production Site setbacks shall not apply to gas well development within the Combining District. 7. No more than mow+ one gas wells per 20 acres of land within the Combining District may be developed on a consolidated site.. ithi R R44p Aile square afeff- 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 Section 35.5.10 and Subchapter 35.22. 35.7.16.8 Application Requirements. -{ Formatted: Font: Bold The applicant for a Combining District shall be the mineral owner or lessee(s) of the land for- - Formatted: indent: Lett: 0.25" which application is made. The application requirements for a consolidation permit set forth in Section 4 -5 '19- 4- G35.5.10.3.D shall apply to a request to establish a Combining District. The request firr a Combining District may be accompanied by an application for a Watershed Protection Permit, where applicable, or a I�rcliminary Csas Well Development Site flan. In addition, the applicant shall include the following: 1. Proof of notice to each surface owner within the proposed boundaries of the Combining 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; 5. A draft Combining District Plan containing the elements described in Section 35�? 7.16.5(4) and 6. Where applicable, existing and proposed Drilling and Production Sites in relation to the boundaries <,P 1loodplains, other 1SAs and the 1200 1 <rot setback from I,alce 1�av F�oberts or bake Lewisville contained with the pr<alsosed Combining5 D1strlc t. 35.7.16.9. Amendments. - Formatted: Font: Bold A. Following approval of a Final Gas Well Development Site Plan pursuant to Subekapwr �5.22Section 35.5.10.4, 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. 7.16.10 Combining District. Authorization to Develop Gas Wells Formatted: Font: Bold Formatted: Indent: Left: 0 ", Hanging: 1" The authorization to develop gas wells within a Combining District on the consolidated site- — � Formatted: Indent: Left : 0--.-2- .2s' shall be suspended (i) if , plie.«:er + -I,. ,. mlprel;,f.;r ffr. Gas Well PeN,elopffielit Sritp PIR44 °stff.'" hed e 4' s�te under the rules for expiration of a consolidation permit or suspension of the authorization to develop gas wells on the consolidated site, as set forth in Section 35.5.10.3.H. Suspension proceedings under this Section shall follow any Proceedings before the Board of Adjustment and action on the request of the ±T��perator to extend the expiration or suspension date. 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. 35.716.11 Application for Designation of Existing Drilling and Production Site. � Formatted: Font: Bold A. The mineral owner or lessee may request rezoning of a tract containing one or more - {Formatted: Indents Left_ o_zs" approved #frs- l4f)rilling and pProduction sSites to a 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 sera site approved pursuant to a Specific Use Permit may apply to -acreate one or more Combining Districts ursuant to this Section 35.7.16. C. Upon approval of a 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. Exhibit 4 Section 35.16.7 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: 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 INDEX FOR DDC, SUBCHAPTER 22 NOTE: Various sections for DDC, Subchapter 22 have been transferred to DDC, Section 35.5.10. The remaining Subchapter 22 sections have been reorganized and renumbered. For convenience, the former Subchapter 22 sections have been included after each numbered section below. 35.22.1 Definitions [Section 35.22.2] 35.22.2 Standards for Gas Well Drilling and Production [Section 35.22.5.A.1 to 7] 35.22.3 Indemnification and Insurance [Section 35.22.9] 35.22.4 Security [Section 35.22.10] 35.22.5 Inspections [Section 35.22.15] 35.22.6 Periodic Reports [Section 35.22.11] 35.22.7 Notice of Activities [Section 35.22.12] 35.22.8 Remedies, Enforcement and Right of Entry [Section 35.22.17 and 18] 35.22.9 Watershed Permits for Gas Well Development [Section 35.22.5.B.8 and 35.22.6] Section 35.22.1 Clean 3/24/15 version 35.22.1. - 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 term used to describe the events and equipment necessary to bring a wellbore into production once drilling operations have been concluded; including, but not limited to well stimulation activities, the assembly of downhole tubular, or installing equipment in the well to allow a safe and controlled flow of petroleum or hydro carbons from the well. This definition describes all events performed and equipment used for completion of a well, whether performed the first time on a well or as subsequent treatments to an existing well. Compressor. A device that raises the pressure of natural gas. Compressor station. A facility that is comprised of one (1) or more compressors used for transport of natural gas through a 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 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. First Sale. The earliest occurrence when natural gas is sold, exchanged, or otherwise transferred for value. 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. 0a Gas Well Administrator. The administrative official 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. 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. Gas Well Permit. A two -stage written license that is granted by the City of Denton pursuant to Subchapter 35.5.10.5 authorizing either Initial Drilling or Completion Operations and Production Activities. A stage -one Gas Well Permit is required prior to performing any drilling activity that necessitates a new or distinct RRC permit. A stage -two permit is required prior to performing any Completion Operation. 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. 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 e! 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. 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, 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. Any storage vessel that contains an accumulation of crude oil, condensate, intermediate hydrocarbon liquids, or produced water; is constructed primarily of non - earthen materials (such as wood, concrete, metal, fiberglass, steel or plastic) which provide structural support; is not skid - mounted or permanently attached to something that is mobile; and is intended to be located at the Drilling and Production Site for more than 90 consecutive days. Well Stimulation. A treatment performed to restore or enhance the productivity of a well by opening new channels in the rock for the oil and gas to flow through; including, but not limited to fracturing, hydraulic or otherwise, injection of acid, or the use of charges to break up the rock. 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 61 increase production within the zone originally completed or to repair the well. Workover operations do not include redrills or completion activities. Section 35.22.1 3/24/15 version .435.22.1. - 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 term used to describe the events and equipment necessary to bring a wellbore into production once drilling operations have been concluded; including, but not limited to well stimulation activities, the assembly of downhole tubular, or installing equipment in the well to allow a safe and controlled flow of petroleum or hydro carbons from the well. This definition describes all events perfirrmed and equipment used f <rr completion <,P a well, whether pert <rrmed the first time on a well or as srrb egtrent treatn7ents to an existing well. Compressor. A device that ralses the pressure of natural gaS. - -� Formatted: Font: Not Bold J Compressor station. A facility that eoffifwe is comprised of one ( I) or more compressors used for transport of natural gas i through a pipeline. -44f E *i-h P+ 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 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. First Sale The earliest occurrence when natural gas is sold exchanged or otherwise transferred for value. 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 Administrator. The administrative official 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. 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. Gas Well Permit. A two -stage written license that is granted by the City of Denton pursuant to Subchapter 35.S.10.5t t authorizing either Initial to Drilling; <rr eCompletion ()Iserations and taI'roduction aActivities. , .. art g l iirt., err t3l�elt�rptr. A state -one Gas Well Permit is rectuirLd prior to Wert <rrmin5 any drilling activity that necessitates a new or distinct PRC permit. A sta(5e -two pern7it is rec uii red Isrior to performing any Com letiun Operation. 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. 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 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. Formatted: Font: Not Bold Redrill. Any work to an existing well bore or an existing surface hole location after initial [_Formatted: space After_ o pt drilling that requires a new permit from the Texas Railroad Commission. This definition includes, but is not limited to, 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-n4- „i ' �t ire r t ri .n- tn that contains an accumulation of cnrde oil, condensate, intermediate hydrocarbon liquids, or produced water; is constructed primarily of non - earthen materials (such as wood, concrete, metal, ftbur� lass, stc c l ur lastic) which provide structural support; is not skid- mounted or permanently attached to something that is mobile and is intended to be located at the Drilling and Production Site for more than 90 consecutive days. Well Stimulation. A treatment performed to restore or enhance the productivity of a well by opening new channels in the rock for the oil and gas to flow through; including, but not limited to fracturing, hydraulic or otherwise, injection of acid, or the use of charges to break up the rock. 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. 3A4*k+ ri -ter. t - az= ti�i- tip- Workover operations do not. inchrde redrills or conpletion activities. Section 35.22.2 Clean 3/24/15 version 35.22.2. - 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. Prohibited or Restricted Locations, Uses and Activities 1. No Drilling and Production Sites shall be allowed on slopes greater than ten (10) percent. 2. No 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. 3. 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. 4. 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, in accordance with federal and /or state law, 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. No Class 11 injection wells shall be located within the City of Denton. B. 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, 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 on each side of the fence that surrounds the 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 4 -inch lettering and shall include the following information: i. "THIS IS A GAS WELL DRILLING AND PRODUCTION SITE. 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 K there shall be an additional statement that identifies the maximum number of authorized gas wells. b. Additionally, as required by RRC, a sign that contains the following information shall be posted on each site: i. 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. The telephone number of the City's Gas Well Division for citizens to call with questions, concerns or complaints. 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. 3 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 Final Gas Well Development Site Plan, except that permanent storage equipment and separation equipment may not exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Final 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. C. Site Development Standards 1. Hydraulic Fracturing. To the extent hydraulic fracturing is allowed under City ordinances, and except as provided in sub - paragraph (e) 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. M 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. 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 5 shall be taken as determined by the Gas Well Administrator 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 35.22.2.E.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 C.2.c. f. 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 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 Gas Well Administrator 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 C� 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 Gas Well Administrator 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. 7 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; (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. D. 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 Gas Well Administrator within two (2) days after the first sale of gas from a well. 3. Compliance with Federal and State Laws, Rules and Regulations. The Operator shall at all times comply with the applicable federal and state laws, rules and regulations, 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 35.22.14; 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. 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 daytime unless the Operator has notified the Gas Well Administrator that fracing will occur before or after daytime to meet safety requirements. 8. Pneumatic Drilling. Pneumatic drilling shall not be permitted. 9. Electric Lines and Power. a. All electric lines to a Drilling and Production Site shall be located in a manner compatible to those already installed in the surrounding area. b. An Operator shall use only electricity to power drilling rigs or permanent lift compressors for all Drilling and Production Sites located within 600 feet of a Protected Use. The electricity shall be provided by an electric utility company. c. The City may approve an alternative power source or equipment, such as diesel generators, if electrical service is not readily available to the Drilling and Production Site, if the electric delivery utility company reports that there is insufficient electrical capacity to serve a Drilling and Production Site, or if electric power cannot be delivered to that Site in a timely manner to service Drilling Activities. X, d. An Operator may only use electrically powered motors for permanently installed compressors used during Production Activities. For purpose of this section, the term "permanently installed" means intended to be located at the Drilling and Production Site for more than 90 consecutive days. e. An Operator may use temporary diesel generators during any disruption of electric service until such service is restored. 10. Sound Barriers. Each Drilling and Production Site shall be surrounded on all four sides with sound wall barriers that comply with generally accepted industry standards and are at least 30 feet in height. Such noise barriers must be in place during all Drilling Activities and Completion Operations and shall be removed by the Operator no later than 60 days after concluding the respective activity. E. 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. 10 5. Storage Tanks. a. All storage tanks shall be anchored for stability. 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: 11 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 Gas Well Administrator of the intention to plug and abandon a well at least twenty -four (24) hour prior to commencing activities; and c. Submit to the Gas Well Administrator 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 35.22.2.C.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. 12 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 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. 13 Section 35.22.2 3/4§24/15 version 3 *35.22.2. - 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. Formatted: Highlight - ----------------------------------------------------------------------------------------- - - - - -- Formatted: Highlight Formatted: Highlight �'°a�. �reiaz- aic-rrrrkT •ar��ra%a- r�i-8i1-- A. Prohibited or Restricted Locations, Uses and Activities '-- Formatted: Indent: Left: 0.25 ", Hanging: 0.25" ;'A"ithill 8-fle- th8_11SMA 4A'8_ h1lildred +200) feet E)f the fleed pee-1 e1e;"a—tie-14 R4 Q1. No #ws- �Drilling and pProduction sSites shall be allowed on slopes greater than ten (10) percent. F4S A o ,mot j14 .1.,.,..o with Siih­ oo -4iRQ ' 5 77 W D S ., 42. No g�Drilling and pProduction sSite 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. -53. 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 ILake Ray Roberts or Lake Lewisville when the gas well is drilled directionally from a location outside such areas. 64. 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, in accordance with federal and /or state law, 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. �5. 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. S6. 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. 17. 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 tiled a right -of -way use agreement, and then only if in compliance with specifications established by the Department. 4-88. 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. 449. No Class II injection wells shall be located within the City of Denton G. 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, 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 on each side of the fence that surrounds the �� 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 '/z by 2 '/z feet or more than 4 by 4 feet and shall be lettered in minimum -24 -inch lettering and shall include the following information: i. "THIS IS A GAS WELL DRILLING AND PRODUCTION SITE. THIS SITE MAY BE THE SUBJECT OF FURTHER DRILLING AND PRODUCTION AND /OFD HYDRAULIC FRACTURINO " Further if the Drilling and Pr<rduction Site has been approved as a Consolidated Site, then there shall be an additional statement that identifies the maximum number of authorir.ed gas wells. + Formatted: Indent: Left: 1.25 ", No bullets or 1 numbering J b. Additionally, as TeC�uired by PP C, a Sirl filet eCJntainS the folloWin+ —� Formatted: Indent: Left: 0.75 ", Hanging: information shall be posted on each site: 0.25 ", No bullets or numbering i. The Well Identification Number(s), American Petroleum Institute well- -- Formatted: Indent: Left: 1 ", Hanging: 0.25" number s) and any other well desiunation s rec uii red by the FTC; a Name of Operator; � i i i. Operator's telephone number; i Operator's business mailing address; Address of Drilling and Production Site; �7 � i The number for emergency services (911); i j i i Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day in case of an emergency; and 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 Final Gas Well Development Site Plan, except that permanent storage equipment and separation equipment may not exceed eight (8) feet in height. b. The use of centralized tank batteries is permitted as shown on the applicable Final 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. DC. Site Development Standards Formatted: Font: Bold Hydraulic Fracturing. To the extent hydraulic fracturin, is allowed under City ordinances and , ^�i4he 4aa � � —�, except as provided in sub- paragraph (tee) 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. 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 f Gas Well Administrator 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 35.22.92.E =E.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 AC.2.c. f. 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. 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 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 Gas Well Administrator 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 eper4erOperator 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 f Gas Well Administrator 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)A11 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 operaterOperator 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; (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. El). 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 r'i' Ma (_'as _TrsyeetefGas Well Administrator- within two (2) days after the first sale of gas from a well. 3. Compliance with Federal and State Laws, Rules and Regulations. The Operator shall at all times comply with the applicable federal and state laws, rules and regulations, 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. 10 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 35.22.14; 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. 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 daytime unless the Operator has notified the 0- il a ^a (4as rPsp @ete 5as Well Administrator that tracing will occur before or after daytime to meet safety requirements. 8. Pneumatic Drilling Pneumatic drilling shall not be permitted. 9. Electric Lines and Power. a. All electric lines to a Drilling and Production Site shall be located in a manner Formatted: Indent: Lett: 0.5", Hanging: 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" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75' + Indent at: 1" compatible to those already installed in the surrounding area. b. An Operator shall use only electricity to power drilling rigs or permanent li ft Formatted: Font: (Default) Times New Roman, lz pt, Font color: Black compressors for all Drilling and Production Sites located within 600 feet of a Formatted: Left, Indent: Lett: 0.5 ", space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering, Pattern: Clear Protected Use. The electricity shall be provided by an electric utility company. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + start at: 1 + Alignment: Left + Aligned at: 0.75' + Indent at: 1" c. The City may M12roye an alternative power source or equipment, such as diesel generators, if electrical service is not readily available to the Drilling and Production Site, if the electric delivery utility company reports that there is Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Black insufficient electrical capacity to serve a Drilling and Production Site, or if electric power cannot be delivered to that Site in a timely manner to service Formatted: Left, Indent: Left: 0.5 ", space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering, Pattern: Clear Drilling Activities. Formatted: List Paragraph, Numbered +Level: 1 + Numbering Style: a, b, c, ... + start at: 1 + Alignment: Left + Aligned at: 0.75' + Indent at: r' d. An Operator may only use electrically powered motors for permanently installed-` compressors used during Production Activities. For purpose of this section, the term "permanently installed" means intended to be located at the Drilling and Production Site for more than 90 consecutive days. -- 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 e. An Operator may use temporary diesel generators during any disruption Of electric service until such service is restored. Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Black 11 Formatted: Indent: Left: 0" 10. Sound Barriers. Each Drilling and Production Site shall be surrounded on all four - -- Formatted: Indent: Lett: 0.5', Hanging: sides with sound wall barriers that comply with eg nerally accepted industry standards 0.25' and are at least 30 feet in height. Such noise barriers must be in place during all Drilling Activities and Completion Operations and shall be removed by the Operator no later than 60 days after concluding the respective activity. Formatted: Indent: Left: 0" 1=B. 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. 12 5. Storage Tanks. a. All storage tanks shall be anchored for stability. a — ( Formatted: Keep with next 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 (1/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. 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. 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: 13 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 Gas Well Administrator of the intention to plug and abandon a well at least twenty -four (24) hour prior to commencing activities; and c. Submit to the r'i' ara Oas 1i speete Gas Well Administrator 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 35.22.42.PC.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. 14 16. Water Conservation Plan. Each eper4orOperator 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 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. 15 Section 35.22.3 Clean 3/24/15 version 35.22.3. - 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 1 3/24/15 version 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. Within 6 months of the effective date of this ordinance, 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 3/24/15 version 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. 3 3/24/15 version 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. 0 Section 35.22.3 3/4§24/15 version 335.22.3. - Indemnification and Insurance. A. Indemnification and Express Negligence Provisions. 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 3/4§24/15 version 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. Within 6 months of the effective date of this ordinance Tthe 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 3/4§24/15 version 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. 3/4§24/15 version a - ( Formatted: Keep with next 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. Section 35.22.4 Clean 3/16/15 version 35.22.4. - Security. A. A security instrument that covers each well shall be delivered to the Gas Well Administrator 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 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, on each Drilling and Production Site. The amount of the security shall be determined by the City Engineer, with due regard to the costs and risks to be secured in subsection A, above, either on a per- application basis, or as amended by ordinance, in the minimum amount of one hundred thousand dollars ($100,000.00) for a single well on the site, two hundred thousand dollars ($200,000.00) for two (2) to four (4) wells on the same site, or three hundred thousand dollars ($300,000.00.00) for five (5) or more wells on the same site. E. The security will terminate when the Gas Well Administrator 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. Section 35.22.4 3/24/15 version 34-124435.22.4. - Security. A. A security instrument that covers each well shall be delivered to the Gas Well Administrator 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 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, on each Drilling and Production Site. The amount of the security shall be determined by the City Engineer, with due regard to the costs and risks to be secured in subsection A, above, either on a per- application basis, or as amended by ordinance, in the minimum amount of one hundred thousand dollars ($100,000.00) for a single well on the site, two hundred thousand dollars ($200,000.00) for two (2) to four (4) wells on the same site, or three hundred thousand dollars ($300,000.00.00) for five (5) or more wells on the same site. E. The security will terminate when the Gas Well Administrator 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. Section 35.22.5 Clean 3/24/15 version 35.22.5. - Inspection. A. In accordance with federal and state law, the Gas Well Administrator 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 Gas Well Administrator shall conduct periodic inspections of all wells permitted under this Subchapter. C. Inspections shall include periodic evaluations during production to determine if equipment is not functioning as designed and may produce fugitive emissions that exceeds what is allowed by federal or state law. 1. 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 party contractor shall act at the City's direction and report directly to the City, and shall have the same authority as the Gas Well Administrator 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 issued by a federal or state regulatory agency, the Operator shall submit to the City a Leak Detection and Compliance Plan. 3. The Leak Detection and Compliance Plan must be created in accordance with guidelines promulgated by the City's Gas Well Administrator. It shall ensure all site activities and equipment are in compliance with applicable federal, state and local rules and regulations. The plan shall outline the methodology to assess and evaluate the impact of drilling, fracturing, production, and other activities at the Drilling and Production Site and immediate surroundings. Specific elements of such a plan shall include, but are not limited to, a quarterly leak detection monitoring program; methods and equipment utilized for emission measurements; and a response plan to address leak issues, should they arise, and any other information required by the City. 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. 1 3/24/15 version 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 Gas Well Administrator is required with all laboratory data sheets, field logs, data summaries, and actions taken in the previous quarter. 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 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 Subchapter; however, nothing herein shall be deemed to limit the City's remedies in equity or law in the collection of any past due fees. F. An Operator is exempt from the inspection requirements included in Subsection 25.22.5.C. and any associated fees on any well site equipped with an equivalent automated system that meets the following requirements and is approved by the Inspector. 1. Any such alternative must include a screening for the presence of leaks, releases, or emissions, and other conditions that could identify potential malfunctions in the efficient operation of on -site equipment, such as the monitoring or line pressures and storage tank levels. 2. The automated system alternative shall include: a. A 24 -hour remote alert system designed to notify appropriate personnel of excess storage tank levels or abnormal changes in line pressure, and b. An emergency automated shutdown of the well(s) when monitoring indicates irregular storage tank levels and functioning of valves. All emergency situations shall be immediately reported to the City via 911. 3. If malfunctions are identified, the point of concern shall be noted and a repair confirmation provided to the Gas Well Administrator. The repair confirmation shall include a statement indicating that the component is working within manufacturer and regulatory requirements. 3/24/15 version 4. Data shall be compiled over the life of the well(s) and available to the Gas Well Administrator for review. Section 35.22.5 34424/15 version 1 34-42—M35.22.5. - Inspection. A. In accordance with federal and state law, the Gas Well Administrator 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 Gas Well Administrator shall conduct periodic inspections of all wells permitted under this Subchapter. C. Inspections shall include periodic evaluations during production to determine if equipment is not functioning as designed and may produce fugitive emissions that exceeds what is allowed by federal or state law. 1. 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 party contractor shall act at the City's direction and report directly to the City, and shall have the same authority as the Gas Well Administrator 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 issued by a federal or state regulatory agency, the eper- atofOperator shall submit to the City a Leak Detection and Compliance Plan. 3. The Leak Detection and Compliance Plan must be created in accordance with guidelines promulgated by the City's Gas Well Administrator. It shall ensure all site activities and equipment are in compliance with applicable federal, state and local rules and regulations. The plan shall outline the methodology to assess and evaluate the impact of drilling, fracturing, production, and other activities at the Drilling and Production Site and immediate surroundings. Specific elements of such a plan shall include, but are not limited to, a quarterly leak detection monitoring program; methods and equipment utilized for emission measurements; and a response plan to address leak issues, should they arise, and any other information required by the City. 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. 1 34424/15 version 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 Gas Well Administrator is required with all laboratory data sheets, field logs, data summaries, and actions taken in the previous quarter. 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 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 Subchapter; however, nothing herein shall be deemed to limit the City's remedies in equity or law in the collection of any past due fees. F. An Operator is exempt from the inspection requirements included in Subsection 25.22.5.C. and any associated fees on any well site equred with an equivalent automated system that meets the following requirements and is a iproved by the Inspector. 1. An such alternative must include a screenin r for the resence of leaks releases or emissions and other conditions that could identify potential malfunctions in the efficient o erasion of on -site e ui mans such as the monitorin r or line ressures and storage tank levels. 2. The automated system alternative shall include: a. A 24 -hour remote alert system designed to notify arprolrriate personnel of excess storage tanl� levels or abnormal changes in line pressure, and b. An emercy automated shutdown of the wells) when monitoring indicates irre mlar store re tanl levels and fiznctionin r of valves. All emer rent situations shall be immediately relrorted to the City via 911. 3. If malfunctions are identified, the point of concern shall be noted and a repair confirmation provided to the Gas Well Administrator. The repair confirmation shall include a statement indicating that the component is worling within manufacturer And regulatory requirements. RA 34424/15 version 4. Data shall ]able to the Gas Well Administrator for review. Section 35.22.6 Clean 3/24/15 version 35.22.6. - Periodic Reports. A. The Operator shall notify the Gas Well Administrator 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 a year after a well is spud, and thereafter until the Operator notifies the Gas Well Administrator that the well has been plugged and abandoned and the Drilling and Production Site restored, the Operator shall prepare a written report to the Gas Well Administrator 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 Gas Well Administrator all reports otherwise filed with the TCEQ in connection with an installed vapor recovery unit as described in 35.22.2.D.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 Gas Well Administrator. 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 Gas Well Administrator. F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection 35.22.2.C.2 upon request by the Gas Well Administrator. G. In addition to the records listed in Subsections 35.22.2.E.9 shall provide the City with a Operator or by third parties. Production Site and shall be Administrator. copy of all records filed with Copies of such records shall available for inspection whe nand 35.22.5.13, the Operator the RRC and TCEQ by the be kept on the Drilling and requested by the Gas Well Section 35.22.6 3/24/15 version 1 3-4.424435.22.6. - Periodic Reports. A. The Operator shall notify the Gas Well Administrator 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 a year after a well is scud, ar�dh —� y#teg e a' 'per thereafter until the Operator notifies the Gas Well Administrator that the well has been plugged and abandoned and the Drilling and Production Site restored, the Operator shall prepare a written report to the Gas Well Administrator 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 Gas Well Administrator all reports otherwise filed with the TCEQ in connection with an installed vapor recovery unit as described in 35.22.,92.BD.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 Gas Well Administrator. 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 Gas Well Administrator. F. The Operator shall submit a copy of a soil sampling analysis as required by Subsection 35.22.- 92.14C.2 upon request by the Gas Well Administrator. G. In addition to the records listed in Subsections 35.22.- 92.EE.9 and 35.22.425.13, 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 Gas Well Administrator. ON Section 35.22.7 Clean 3/24/15 version 35.22.7. - Notice of Activities. A. Any Operator who intends to perform the following activities: (1) drill a well; (2) workover operation; (3) to fracture stimulate a well; (4) perform completion or re- completion operations; (5) plug and abandon a well; (6) perform any other maintenance activities that involve removal of the well head 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 two thousand (2,000) feet of a Drilling and Production Site shall be notified no sooner than ten (10) days and no later than five (5) days prior to the activities listed in Section A. 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 Gas Well Administrator is necessary, the Operator will pay the City's fee for the inspection as set forth in amount set by separate ordinance. 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 a Gas Well Combining District application, or (2) the submission of a Consolidation Permit application if a Gas Well Combining District application 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 Gas Well Administrator 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 well. 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 Section 35.22.7 34424/15 version 1 3542-.4435.22.7. - Notice of Activities. A. Any Operator who intends to perform the following activities: (1) drill a well; (2) workover operation; (3) to fracture stimulate a well; (4) perform completion or re- completion operations; (5) plug and abandon a well; (6) perform any other maintenance activities that involve removal of the well head 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 two thousand (2,000) feet of a Drilling and Production Site shall be notified no sooner than ten (10) days and no later than five (5) days prior to the activities listed in Section A. 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 atid Gas I14spe Gas Well Administrator is necessary, the Operator will pay the City's fee for the inspection as set forth in amount set by separate ordinance. 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 a_Gas Welll Combining District application, or (2) the submission of a Consolidation Permit application if a_Gas Well Combining District application 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 inspeete Gas Well Administrator 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 well. 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 Section 35.22.8 Clean 3/24/15 version 35.22.8. — Remedies, Enforcements and Right of Entry. A. The Fire Marshal and the Gas Well Administrator 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 Gas Well Administrator, may, consistent with federal and state law, 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 Gas Well Administrator 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. F. Permit Revocation 1. If an Operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of any permit issued by the City in connection with any Gas Well Drilling and Production Activity, the Fire Marshal or Gas Well Administrator may 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 ten (10) days unless the alleged failure presents a risk of imminent destruction of property or injury to person. The Fire Marshal may issue a Stop Work Order under the Fire Code. 2. If the Operator does not cure the alleged failure within the time specified by the Fire Marshal and /or Gas Well Administrator, the Fire Marshal and /or Gas Well Administrator may notify the appropriate state or federal agency with jurisdiction over the alleged violation and request that the state or federal agency take appropriate action (with a copy of such notice provided to the Operator), and the City may pursue any other remedy available. If the Operator does not cure the alleged failure within the time specified by the Fire Marshal and /or Gas Well Administrator, the Gas Well Administrator may recommend to the Health and Building Standards Commission ( "HABSCO "). a. That the permit at issue be suspended until the alleged failure is cured; or, b. That the permit at issue be revoked, if after prior suspension the Operator does not cure the alleged failure. HABSCO shall hold a hearing to act upon the Fire Marshal's and /or the Gas Well Administrator's recommendation. 4. The decision of the Fire Marshal and /or Gas Well Administrator to recommend suspension or revocation of a permit shall be provided to the Operator in writing at least ten (10) days before the hearing to be held by the Zoning Board of Adjustment, unless the alleged failure presents a risk of imminent destruction of property or injury to persons. If a permit is revoked, the Operator may submit information to the Gas Well Administrator evidencing that the alleged failure resulting in the revocation of the permit have been corrected, and an application for a new permit may be submitted for the same well. Section 35.22.8 3/24/15 version -3 4-24-635.22.8. - Remedies, Enforcements; Lind Right of Entry. A. The Fire Marshal and the Gas Well Administrator 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 Gas Well Administrator, may, consistent with federal and state law, 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 f,4 Gas Well Administratojr ee4* 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. F. Permit Revocation A1.If an Operator (or its officers, employees, agents, contractors, subcontractors or* Formatted: indent: Left: os ", . Tab stops: root representatives) fails to comply with any requirement of any�perrnit issued by fhe City at 0.5" in connection with any iras Well Drilling and Production Activity, ^ ° �T' °�� r'a m = *a�e?i t the Fire Marshal or Gas Well Administrator — may,icr ? 5.''- , give written notice to the +t0 perator 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 ten (10) days unless the alleged failure presents a risk of imminent destruction of property or injury to person. The Fire Marshal may issue a Stop Work Order under the Fire Code. 442. If the Operator does not cure the alleged failure within the time specified by the Fire Marshal and /or Gas Well Administrator, the Fire Marshal and /or Gas Well Administrator may notify the appropriate state or federal agency with jurisdiction over the alleged violation and request that the state or federal agency take appropriate action (with a copy of such notice provided to the Operator), and the City may pursue any other remedy available. Q. If the Operator does not cure the alleged failure within the time specified by the Fire Marshal and /or Gas Well Administrator, the Gas Well Administrator may recommend to the (?}Health and Building Standards Cornmissian ( "HARSCO" 4-a. That —the 4� L4l 1permit at issue be suspended until the alleged failure is cured; or, -2b. That the 44--WL4- Ppermit at issue be revoked, if after prior suspension the Operator does not cure the alleged failure. itIIARSCO shall hold a hearing to act upon the Fire Marshal's and /or the Gas Well Administrator's recommendation. 4-)4.The decision of the Fire Marshal and /or Gas Well Administrator to recommend suspension or revocation of a 44i -WL l 1permit shall be provided to the Operator in writing at least ten (10) days before the hearing to be held by the Zoning Board of Adjustment, unless the alleged failure presents a risk of imminent destruction of property or injury to persons. 4-5. If a �L4l 1permit is revoked, the Operator may submit information to the Gas Well Administrator evidencing that the alleged failure resulting in the revocation of the 444,_, ,Le1l--I?permit have been corrected, and an application for a new l 41permit may be submitted for the same well. 3/16/15 version [Former Section 35.22.7 "Remedies of the City" is now located in new Section 35.22.8 "Remedies, Enforcements and Right of Entry" under Subsection F.] A-- 47P - "G °:— is s��1 q r� n° — E E at ( Formatted: Tab stops: Not at 0.5" .• +, t-v *fty --f� effw+iHFif=E',^.�3E', art '-f -E§ - E'--�= ci'axmTj --'cn rxz`rli -! '.s *k4°ni-s$'.c- rrssi =sc - - `. 11 , rte- -ate- -s aa-; T�- Y"' TT1+" YY 'Y'G`"i'T�1„J6'Y2TY'f`YY"CTCYC. `.l"Y]'Y `Yf'`'V'Y'LT�YG` YYYC'LCiYG iY' C' YYG" T` Y" YYitf[ Y- YY' L' G�YiikTG ""Tl- r"`Y°��YLY�p°'�'"tY'�"" b b ��rr "PYCYC-YYIG�"'�¢T.'CYTV"i°i'1 L�'c�iG'!'Y i- C,'- ff-- IT- CgyY'C- 'Zv-- ;"v ---, TtTS1= p,'jy -)}a 4-- f2'yC; dc�T�Y,s ••c�YLTY.'c�'C CrG'T-Yf< a x- crr.°r r xrrraYZ rr` ": $ Ht#1- TT lP1 ��1. •�1— E�-- 7 -�i3E' R�i-errsixc�cl3�i c�c�c- r7cz "� lr.- ,x— ;.etc, s'°° � °rrk°f']r°°zhrtzr'xriiz= rer „r:•. *:'. -. '�. "-iiEs T -• °c'r°'�cszc`.r�Pr�'rrs�°i' + `r-s -i vf?ni= c:- �.r°ii' _ -` `. -' ". 1- �E� -tl -, d. ts°vrar� Section 35.22.9 Clean 3/24/2015 Version Changes to Provisions for Watershed Permits Section35.22.9. Watershed Permits for Gas Well Developments A. Applicability. 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 flood fringe area or ESA within the corporate limits or ETJ of the city, and for any proposed site that is within one thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 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 flood fringe area or ESA, or for a site that is within within one thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. No gas well development is allowed in the floodway, including the area of an ESA located in a floodway. 2. Inside city limits, a Watershed Protection Permit for gas well development can be approved only if authorized following establishment of a Combining District by the City Council, or through designation of a planned zoning district exception pursuant to Section 35.5.10.3.C. A Watershed Protection Permit application may be submitted simultaneously with an application for a Combining District or 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. Show location of ESAs on proposed Drilling and Production Sites. 2. All applications for Watershed Protection Permits shall be filed with the Planning 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 3/24/2015 Version 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 approved or denied by the Director of Environmental Services following DRC review. 2. Criteria for Approval. In deciding the application for a Watershed Protection Permit, the Director shall apply those standards set forth in Section 35.22.9.D. The Director may attach such conditions to approval of a Watershed Protection Permit as are necessary to assure that the requirements of subsection D and any other applicable requirements contained in this subchapter 22 are met. 3. Each Watershed Protection Permit approved by the Director shall: a. Identify 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 floodplains and other 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 constituting or containing riparian buffers 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. PJ 3/24/2015 Version 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 approval of a Final Gas Well Development Site Plan or Gas Well Development Plat for the ESA. 5. Limitation on Well Heads. Only one (1) well head may be placed in the Flood Fringe or other 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, 3 3/24/2015 Version 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 or Combining District for the land subject to the Watershed Protection Permit, as well as the standards in Section 35.22.9.1) and any other applicable requirements contained in this subchapter 22, shall apply. E. Post- approval Procedures. 1 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 Gas Well Administrator 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 or Gas Well Development Plat and may not be extended prior to expiration. F. 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 35.22.9.1) to the City Council within ten (10) calendar days of the decision by the Director. The Council shall decide the petition based upon the criteria in Subsection 35.22.9.1) and any other applicable requirements contained in this subchapter 22. 0 Section 35.22.9 3/- 1-;24/2015 Version Changes to Provisions for Watershed Permits p ( First line: 0" Section = X35.22.9. Watershed Permits for Gas Well Developments Formatted: Indent: ,Left: 0 ", F A. Applicability. 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 #lee4lai-rrflood fringe area or ESA within the corporate limits or ETJ of the city, and for any proposed site that is within one thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. Approval of • Watershed Protection Permit authorizes the processing of a complete application for • Gas Well Development Site Plan or Gas Well Development Plat, as the case may be, that includes land in a #4ee419- rrflood fringe area or ESA, or for a site that is within within one thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. No gas well development is allowed in the floodway, including the area of an ESA located in a floodway. 2. Inside city limits, a Watershed Protection Permit for gas well development can be approved only if authorized following establishment of a Combining District by the City Council, or through designation of a planned zoning district exception pursuant to Section 35.5.10.3.C. -23. A Watershed Protection Permit application may be submitted simultaneously with an application for a Combining District or 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: 1. 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. 3/- 1-;24/2015 Version E_ Show location of ESAs on proposed Drilling and Production Sites. 2. All applications for Watershed Protection Permits shall be tiled with the Planning 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 apef:aterOperator. 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 approved or denied by the Director of Environmental Services following DRC review. 2. Criteria for Approval. In deciding the application for a Watershed Protection Permit, the DR-GDirector shall apply those standards set forth in Section 35.22.9.D. The PRGDirector may attach such conditions to approval of a Watershed Protection Permit as are necessary to assure that the requirements of °pptiRq D and any other applicable requirements contained in this subchapter 22 are met. 3. Each Watershed Protection Permit approved by the DR GDirector shall: a. Identify=_ 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 floodplains and other 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. 3/- 1-;24/2015 Version 2. Riparian Buffers. For all ESAs constituting or containing riparian buffers 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 Aiial - approval of a Prillitig aiid Preduetieli S.it,-Final Gas Well Development Site Plan or Gas Well Development Plat.. i�aga� for the ESA. 5. Limitation on Well Heads. Only one (1) well head may be placed in the Flood Fringe or other 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 E. 3/- 1-;24/2015 Version 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 or Combining District for the land subject to the Watershed Protection Permit, as well as the standards in Section 35.22.4;9.E1) and any other applicable requirements contained in this subchapter 22, shall apply- Post-approval Procedures. 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 Gas Well Administrator 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 or Gas Well Development Plat and may not be extended prior to expiration. The applicant may appeal the denial or conditional approval of a Watershed Protection Permit on grounds pertaining to the standards in Subsection 35.22.9.D to the City Council within ten (10) calendar days of the decision by the Director. The Council shall decide the petition based upon the criteria in Subsection 35.22.9.D and any other applicable requirements contained in this subchapter 22. Formatted: Space After: Opt ----------------------------------------------------------------------------------------- - - - - -- Formatted: Font: Bold Formatted: Indent: Left: 0 ", First line: 0 ", Tab stops: Not at 0.5" -- Formatted: Space After: 0 pt, Line spacing: single 3/- 1-;24/2015 Version 3/- 1-;24/2015 Version 3/- 1-;24/2015 Version b d"Aw 046H we ppoposed b N and b b } F - -- Formatted: Justified, Indent: Left: 0.5 ", Hanging: 0.5 ", Pattern: Clear (Background 1) Exhibit 6 ordionance 2013 248 o:Alegal \2015 gas well revisions \fee scheduleAainendinent to ordinance 2013 -248 to add penalty and interest to gas well fees - redline.docx 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 has fizrther studied the fees associated with gas well develorment in the C1tV, and has adjusted some of these fees and also added fees associated with gas well consolidated permits and combining districts; 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 -aan third party consultant to monitor f4git,. e emissions the function of all equipment that may lead to fugitive emissions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: o:Alegal \2015 gas well revisions \fee scheduleAainendinent to ordinance 2013 -248 to add penalty and interest to gas well fees - redline.docx SECTION 5. Ordinance No. 2013 -248 is amended to add a new Section 4 as follows: "Production monitoring fees incurred by the City in retaining aM third party consultant to monitor f fig *,. e emissions the function of all equipment that may lead to fugitive emissions is hereby adopted. Calculations for such fees are set forth in Exhibit "E -2 SECTION 6. 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 paid at that time. Inspection fees and production monitoring fees are due and owing on or before the 30th 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 7. Sections 4 and 5 of Ordinance 2013 -248 are respectively renumbered to Section 6 and 7. SECTION 8. This ordinance shall become effective immediately. PASSED AND APPROVED this, the day of 12015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 o:Alegal \2015 gas well revisions \fee scheduleAainendinent to ordinance 2013 -248 to add penalty and interest to gas well fees - redline.docx i APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY :• Page 3 EXHIBIT "A" Gas Well Combining District $ 13,215.00 Included Included Gas Well SUP Review $ 10,660.00 Included Included annual inspections) Gas Well Consolidation Permit $ 9,930.00 With Site Plan Included Included Gas Well (within ET1) (assumes $ 395.00 Consolidation Permit $ 2,210.00 $ 390.00 $ 220.00 Only Transfer of Operation $ 315.00 Preliminary Gas Well Development Site Plan $ 7,135.00 $ 390.00 Included Final Gas Well $ 350.00 Development Site Plan $ 400.00 Gas Well Permit - Stage Two $ 150.00 Planned Zoning District Exception $ 625.00 Initial Gas Well Inspections - Includes Gas Well Development Plat $ 5,165.00 $ 390.00 Included Review Gas Well Site Plan /Plat Amendment $7,135/$5,165 $ 390.00 Included Annual Inspection and Administration Fee (City) (assumes 2 $ 1,020.00 $ 465.00 annual inspections) Annual Inspection and Administrative Fee (within ET1) (assumes $ 395.00 $ 35.00 2 annual inspections) Transfer of Operation $ 315.00 Watershed Protection Permit $ 195.00 Gas Well Permit - Stage One $ 350.00 Gas Well Permit - Stage Two $ 150.00 Initial Gas Well Inspections - Includes Initial Erosion Control $ 1,570.00 Erosion Review $ 285.00 5 350.00 5 240.00 5 265.00 15 165.00 $ 350.00 $ 240.00 $ 265.00 $ 165.00 S $ 240.00 1 1$ 265.00 1$ 165.00 5 130.00 $ 130.00 o:Alegal \2015 gas well revisions \fee scheduleAainendinent to ordinance 2013 -248 to add penalty and interest to gas well fees - redline.docx 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 Crherinle 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 $1350 per Pad Site 2 -3 Wells on Pad Site $2200 per Pad Site 4 -6 Wells on Pad Site $3000 per Pad Site 7 -9 Wells on Pad Site $4500 per Pad Site 10 -12 Wells on Pad Site $6000 per Pad Site Compressor/Processing Pad Site $7500 per Pad Site Reinspection $1350 per Well Page 4 ordionance 2013 248 Existing sAlegakour docuiiients\ordinailccs\13\anictided gas well fees-091713 alternate version 2.doc ORDINANCE NO. 2013-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING PLANNING AND DEVELOPMENT FEES AND ROAD DAMAGE REMEDIATION FEE CALCULATION FORMULA RELATING TO GAS WELL DRILLING AND PRODUCTION IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION; REPEALING SECTION 2 OF ORDINANCE 2011 -100; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2011-100, the City Council of the City of Denton, Texas amended the Planning and Development Fee Schedule established by prior ordinances, by amending fees relating to gas well drilling and production within the city limits and extraterritorial jurisdiction; and WHERE-AS, since the adoption of Ordinance No. 2011 -100, the City established the Gas Well Inspections Division to perform gas well permitting, annual inspection services and other services and overhead related to the City's oversight of gas well drilling and production activities; and WHEREAS, on January 15, 2013, the City Council adopted comprehensive changes to the Gas Well Drilling and Production Ordinance, of which a particular change involves the addition of a new permitting activity, specifically the Erosion Control and Sedimentation Plan Review, and a resulting post - permit Erosion Control and Sedimentation Plan Annual Inspection as required by this Ordinance; and WHEREAS, given these changes, the City undertook a comprehensive review and analysis of the fees, standards and procedures associated with gas well drilling and production to determine that whether the fees, both existing and newly proposed, resulting from the January 15, 2013 Gas Well Drilling and Production Ordinance, are reasonable; and WHEREAS, as part of the Gas Well Drilling and Production Ordinance, gas well drilling operators are required to enter into a Road Damage Remediation Agreement to cover the cost to repair damages to the City's roadways caused by the heavy truck traffic associated with the operators' gas well drilling activities; and WHEREAS, the road damage data and formula used to determine the appropriate Road Damage Remediation Fee also underwent a comprehensive review this year to determine the current reasonable cost to repair the City's roadways resulting from the heavy truck traffic associated with typical gas well drilling operations; and WHEREAS, based on the gas well permitting and inspection fees and road damage remediation fee comprehensive reviews, the City Council f relating to gas well s that the fees la ' r drilling and production, and the road damage data and formula associated with the Road Damage Remediation Agreement requirement, as set forth herein, are reasonable, and do not exceed the reasonable cost to the City in providing the scheduled set-vices, and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Page I s:\Icgal\ourdocuinents\ordinances\13\iimeiided gas well fees-091713 alternate version 2.doc 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 Planning and Development Fee Schedule for gas well production is adopted, as set forth in the table below: The followin g fees shall be charged for the first two reviews Gas Well SUP Review (includes Engineering Fee) $12,840 Gas Well Development Site Plan $7,575 Additional Engineering Fee $390 initial an one follow- —Fee for Full Landscape Plan Review (includes initial an $350 up inspection) (third site visit) for Full Additional Fee for Second Follow-Up inspection (t $265 Landscape Plan Review 0 Initial and one fallow- Fee for Full'T'ree Mitigation Review includes $240 up inspection) (third site visit) for Full Tree Additional Fee for Second Follow-Up inspection (t] $165 Mitigation Review Additional Fee for Erosion and Sediment Control Plan Review (includes initial $285 and one follow-up inspection), which fee is included as part of the Initial Gas Well inspections category below Additional Fee for Second Follow-Up inspection (third site visit) for Erosion $130 and Sediment Control Plan Review Initial — as Well Inspections (includes Erosion and Sediment Control Plan Review, $1,620 and initial and one follow-up inspection) upon issuance of a Gas Well Permit Gas Well Development Plat Review $5,215 Additional Engineering Fee 91 $390 $7,575/55,215 Gas Well Site Plan/Plat Amendment Additional Engineering Fee $390 The same fees listed under the Gas Well Development Site Plan category above shall be charged, if applicable charged annually, The following fees shall be charged an:nua y) per gas well Annual Inspection and Administration Fee (within City) (covers two annual $1,055 inspections) s )ections Additional Fee for each follow-up inspection beyond the two annual inspections $485 Annual Inspection and Administration Fee (within (covers two annual $395 inspections Additional Fee for each follow-up inspection beyond the two annual Inspections $35 p Annual Erosion and Sediment: Control Inspection (Covers initial and one p follow-uu $285 inspection) Additional Fee for each inspection beyond the initial and one follow-up Annual $130 Erosion and Sediment Control Inspection The following fees shall be charged per each application Page 2 sAlegahour docunlents\ordiiiatices\13\amended gas well fees-091713 alternate version 2.doc $315 Transfer. of Operation. $195 Watershed Protection Permit $500 Gas Well Permit SECTION 3. The Road Damage Remediation Fee Calculation Formula, which appears and is based on the road damage remediation calculations set forth in Exhibit "A"5 for gas well drilling and production is adopted. SECTION 4. Section 2 of Ordinance 2011 -100 is hereby superseded and repealed. SECTION S. This ordinance shall become effective at 12:01 a.m., September 18, 2013, PASSED AND APPROVED this, the day of Jg�mbe�r, 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO ED AS '0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MARK A. B RCS GHS, MAYOR Page 3 z 0 0 z 0 C17 W >< W w w v 4) 0 E v 11 (0 C\l 9v C') Lo al to E ocr) oo cl) va 'o " v — N L as E Z > 0, o to (1) co S.j C T a) 0 'D KC 2 wcagvwN 69 'wo 11, Q C, C, 0' a) 0. tn 0 E (D p C11 -W U) (0(6 QW Ti, ZP co Q 0 0 at r2 E a) a Lo a) Ln c o q! co N co c) u) aj 0. vi v o w 00 C; R O-Z� C-4 C, w Q� CD CV 66 , 0 45 -- N CCL Or (ll am, -C) F--- o a co 4, C c lx � '4! o Joo ]CL o A E CO 0 Cl 0 0 > > J 0) i tl- t- �� r� > = t- t- r- t- :3 1! N C-4 = N C\l N CN o U) '.) (o CL 0� L'I IQ LQ 0- tl� U� E u) ui L6 ui E �6 C6 D (0 CD W (D (D (0 (D :3 0 'o w LL (n r- rl- r- t, c GO 0 z cn Ys u r- 0 a U. 0 (D CO, .c 0 C) S C) C> o C� R C: C, w co C� "; o W (D� M 0 C, -0 (21 0 (D w ] 0) 1W- C4 0) -E .. ..... . ... Q) 02 0 2 M C) 0 t5 c co a) m 0 clq C3 'S (N 8 a) C, 0 CD LO m a C ZD- WE a7 O ID c-� 2 Cj co 0 �n 2 c �) I tu C- 0 0 0 0 M U3 Vi W3 0 cr 1-9 1 (1-1 A I L. W CL ca 'r- (1) 0 E .r_ 2a E aj CL .9- 4) a) C E E :3 Q) a) cc cn f6 N m E E C. ti x ca ca wo, a") an). E E E E Ca co m m 60000 s x co W CC 0Y W CN C, i co 0 z Exhibit 7 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. 1 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 property owners that are located adjacent to the proposed pipeline. The mailing shall include the operator's publication on pipeline safety. A copy of the notice and a list of properties notified shall be provided to the Gas Well Administrator prior to the commencement of any pipeline construction. 5. At the time the required pipeline records are submitted to the railroad commission, the pipeline operator shall provide the Gas Well Administrator 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 Gas Well Administrator 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. 2 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 Gas Well Administrator 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 3 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 Gas Well Administrator 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 Gas Well Administrator 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 (95 %) 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 Gas Well Administrator 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 Gas Well Administrator in a form prescribed by the Department. 4 b. Plans submitted with each application for a pipeline permit shall be in a format approved by the Gas Well Administrator 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). 5 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 Gas Well Administrator 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 Gas Well Administrator: 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 Gas Well Administrator within thirty (30) days of abandonment of any pipeline. 2. Reactivation of abandoned pipelines shall require notification to the Gas Well Administrator pursuant to the standards and requirements specified in section 35.22A.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; 11 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. 7 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; E3 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. p] 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 9 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 12 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. 13