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Home My WebLink About2001-466S \Our Documents\Ordmances\01\Gas Well Development Plats Ord doc ORDINANCE NO OtOD/" T AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF DENTON, TEXAS, SECTION 34, DEVELOPMENT PLATS BY ADDING SECTION 34-34(D), GAS WELL DEVELOPMENT PLATS TO REGULATE GAS WELL DEVELOPMENT IN THE CORPORATE LIMITS OR WITHIN DIVISION I OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City of Denton, Texas, is a Home Rule Municipality located in Denton County, Texas created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas, and WHEREAS, on November 16, 2001, the Planning and Zonmg Commission concluded a public hearing as required by law, after which a motion to recommend approval of the request to amend the regulations for development plats to add provisions for gas well development plats to govern the development of gas wells within the corporate limits or within Division 1 of the City's Extraterritorial Jurisdiction, and WHEREAS, the City Council of Denton, Texas, believes that oil and gas drilling activity, without proper regulations within the corporate limits or within Division 1 of the City's Extraterritorial Jurisdiction, can pose health and safety hazards to the citizens of Denton, and WHEREAS, Pursuant to its authority to regulate subdivision development, Tex Loc Gov't Code §212 001, utility service, Tex Loc Gov't Code §402 001, watersheds, Tex Loc Gov't Code §401 002, and water pollution control and abatement Tex Utility Code §26 117, the City Council of Denton, Texas, deems it necessary to amend the regulations for development plats to add provisions for Gas Well Development Plats to govern the platting and development of gas wells within the corporate limits or within Division I of the City's Extraterritorial Jurisdiction NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Gas Well Development Plats Section 34-34, Development Plats, of the Code of the City of Denton, Texas is hereby amended to add Section 34-34(d) to govern gas well development within the corporate limits of the City or within Division 1 of the City's Extraterritorial Jurisdiction, as follows SEC. 34-34(d) Any person who proposes drilling and gas production of natural gas on a tract of land located within the corporate limits or within Division 1 of the City's Extraterritorial Jurisdiction, and it is not required by Chapter 34 to prepare a preliminary plat or final plat, shall prepare a Gas Well Development Plat (1) Gas Well Development Plats shall be processed and approved in accordance with Tex Loc Gov't Code Ann §§212 041 through 212 050 (Vernon 1999) and no new natural gas development may begin on property until the Gas Well Development Plat is filed and approved by the City in accordance with Chapter 34 (2) All proposed gas well development shall be in compliance with the Roadway Component of the Mobility Plan (3) Erosion control is required and shall comply with all local, state and federal requirements The operator shall file a copy of the Stormwater Pollution Plan if required by the EPA (4) Reserve pits closer than 200' of a floodplain, lake, creek or stream shall be lined to prevent water pollution (5) With the exception of vehicular access, no development is allowed in a floodplain (6) Prior to the approval of a Gas Well Development Plat or Gas Well Permit, a Road Repair Agreement shall be executed that will obligate operator or the operator's employees, agents, contractors, subcontractors or representatives to repair damage, excluding ordinary wear and tear, if any, to abutting roads, including but not limited to bridges, that result from the performance of any activity authorized or contemplated by the approved Gas Well Development Plat or Gas Well Permit The City Manager shall have the authority to enter into the Road Repair Agreement on behalf of the City of Denton (7) In addition to the requirements of Section 34-16 (Contents of preliminary plat), if applicable, a Gas Well Development Plat shall a Identify truck routes and access points b Identify Environmentally Sensitive Areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings i All floodplam, creek and stream crossings shall be designed to a 10-year storm frequency u All floodplain crossings shall have no negative affects on surrounding property ui A drainage study sufficient to substantiate i and ii will be required as part of the submittal if crossings are proposed Show the location and use of all structures within 500 feet of the property Identify the proposed source of water and any other public utilities required e Identify and show proposed method of erosion control f Identify the location of proposed lease lines and well locations i Label distance between wells and property lines ii Label distance between wells and structures within 500 feet of wells as measured from the property line ni Label distance between temporary holding ponds and floodplams g Provide typical well site schematics showing layout during drilling and upon completion of drilling h Show location of all proposed underground pipelines As built drawings shall be filed with the City All pipelines proposed in public right-of-ways shall require a Right -of -Way Use Agreement Identify if pipelines connect with a Gas Distribution System SECTION 2 All rights and remedies of the City of Denton, Texas are expressly saved as to any and all violations of the provisions of any other Ordinance affecting oil and gas regulations, which have secured at the time of the effective date of this Ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by courts SECTION 3 It is hereby declared to be the intention of the City Council that if any of the sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be declared unconstitutional or otherwise illegal by the valid judgment or decree of any court of competent jurisdiction, such event shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section SECTION 4 This Ordinance shall be cumulative of all provisions of Ordinances of the City of Denton except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of this Ordinance are hereby repealed SSECTION 5 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 6 Tins 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 this the A— day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY IRE APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 3y::�)64�flz