2010-181FILE REFERENCE FORM 2010-181
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ORDINANCE NO. 2010-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CERTAIN
SECTIONS WITHIN SUBCHAPTERS 3, 16, 22 AND 23 OF THE DENTON
DEVELOPMENT CODE, RELATING TO GAS WELL DRILLING AND PRODUCTION,
DEFINITIONS, AND PROCEDURES; ADOPTING A NEW PLANNING AND
DEVELOPMENT REVIEW FEE SCHEDULE, PERTAINING TO GAS WELL DRILLING
AND PRODUCTION WITHIN THE CITY LIMITS AND THE EXTRATERRITORIAL
JURISDICTION; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(DCA10-0003).
WHEREAS, pursuant to Ordinance No.2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, the authority of a home rule municipality to regulate the exploration and
production of natural gas within its city limits and extraterritorial jurisdiction as provided herein,
is legislatively recognized, inter alia, at §92.007 of the Texas Natural Resources Code;
§§54.012, 212.003, 212.044 and 217.042 of the Texas Local Government Code; and numerous
other legislative and Constitutional provisions of the State of Texas; and
WHEREAS, the City has codified its regulations governing gas well drilling and
production within the City and extraterritorial jurisdiction in Subchapters 16 and 22 of the
Denton Development Code, and applicable procedures and definitions in Subchapters 3 and 23;
and
WHEREAS, it has come to the attention of the City Council that the City's current
standards may not fully implement the City's dual goals of allowing gas well drilling and
production, and at the same time protecting the public's health, safety and general welfare; and
WHEREAS, a multitude of gas well permit applications have been filed recently with the
apparent goal of vesting against additional health and safety standards that may be promulgated
by the City; and
WHEREAS, the City has authority to impose a moratorium on authorizations for gas well
drilling and production pending a thorough investigation into the need for additional procedural
and substantive safeguards; and
WHEREAS, in lieu of a moratorium on the issuance of gas well permits and other
applications authorizing gas well drilling and production, the City Council finds that it is
necessary in order to promote the health, safety and general welfare of the community to
promulgate a set of procedural and substantive standards pending the City's complete study of
the impacts of gas well drilling and production in the City and its ETJ; and
WHEREAS, a detailed cost of services analysis and comparison with survey cities,
related to gas well drilling and production, revealed that Denton's current fee structure is grossly
inadequate to cover the cost of proposed services, and far below the fees imposed by neighboring
cities for similar services; and further that the proposed changes to the Planning Fee Schedule are
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reasonable, and do not exceed the reasonable cost to the City in providing the review of the
applicable development applications; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code and fees are
consistent with Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Subchapters 3, 16, 22 and 23 are amended to incorporate the specific
changes, as identified by section or subsection in Exhibit "1", and such changed sections or
subsections shall hereinafter read verbatim as set forth in Exhibit "1", which is attached and
incorporated fully herein by reference; all provisions not specifically changed herein shall remain
as written.
SECTION 3. It is the intent of the City Council that the provisions of this ordinance shall
apply prospectively to applications for gas well drilling and production, except to the extent that
state law allows the City to apply new regulations to existing approved or pending applications.
It is the further intent of the City Council that the provisions of this ordinance shall apply to any
substantive amendment to an existing approved application for gas well drilling and production.
The following procedure shall apply in the event of a controversy over the applicability of the
regulations established by this ordinance.
(a) Vested rights petition. An applicant for a gas well development plat, gas well
development site plan, or gas well permit (collectively, gas well drilling and production
applications) may be filed with the Director of Planning, alleging that the application is
exempt from one or more requirements otherwise made applicable by this ordinance on the
basis of statutory or common law vested rights. Upon granting of a vested rights petition in
whole or in part, the application shall be decided in accordance with the standards specified
in the relief order based on prior development standards.
(b) Petition requirements. The petition shall include the following information and
documents:
(1) A narrative description of the grounds for the petition, including expressly
and without limitation the application of Tex. Loc. Gov't Code ch. 245;
(2) A copy of each approved or pending development application which is the
basis for the contention that the city may not apply current standards to the
gas well drilling and production application which is the subject of the
petition;
(3) The date of submittal of the gas well drilling and production application;
(4) The date the project for which the gas well drilling and production
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application was submitted was commenced;
(5) Identification of all standards otherwise applicable to the gas well drilling
and production application;
(6) Identification of the standards which the petitioner contends apply to the
gas well drilling and production application;
(7) Identification of any current standards which petitioner agrees can be
applied to the application at issue.
(c) Processing of petition. The Director of Planning shall process the vested rights
petition. A copy of the petition shall be forwarded to the city attorney following acceptance.
The petition must be accompanied by a waiver of the time for decision on the gas well
drilling and production application pending decision by the Council. The filing of the vested
rights petition stays acceptance of filing of any related development applications.
(d) Action on petition and order. The City Council shall decide the petition within
thirty (30) calendar days of a determination that the petition is complete. The Council may
take any of the following actions:
(1) Deny the relief requested in the petition, and direct that the gas well
drilling and production application shall be reviewed and decided under
the standards applied by this ordinance;
(2) Grant the relief requested in the petition, and direct that the gas well
drilling and production application shall be reviewed and decided in
accordance with the standards contained in identified prior regulations; or
(3) Grant the relief requested in part, and direct that certain identified current
standards shall be applied to the gas well drilling and production
application, while standards contained in identified prior regulations also
shall be applied.
(e) Criteria for approval. The Council shall decide the vested rights petition based
upon the following factors:
(1) The nature and extent of prior gas well drilling and production or other
development applications filed or approved for the land subject to the
petition;
(2) Whether any prior approved applications for the property have expired or
have been terminated in accordance with law;
(3) Whether any statutory exception applies to the standards in this ordinance
from which the applicant seeks relief,
(4) Whether any prior approved gas well drilling and production or other
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development applications relied upon by the petitioner have expired.
(f) Application following relief order. Following the Council's decision on the
vested rights petition, the property owner shall conform the gas well drilling and production
application for which relief is sought to such decision. If the gas well drilling and production
application on file is consistent with the relief granted on the vested rights petition, no
revisions are necessary. Where proceedings have been stayed on the gas well drilling and
production application pending decision of the vested rights petition by the Council,
proceedings on the application shall resume after the Council's decision on the vested rights
petition.
(g) Expiration Relief granted on a vested rights petition shall expire on occurrence of
one of the following events:
(1) The petitioner or property owner fails to submit a required revised gas
well drilling and production application consistent with the relief granted
within thirty (30) days of the Council's decision on the petition;
(2) The gas well drilling and production application for which relief was
granted on the vested rights petition is denied under the criteria made
applicable through the relief granted on the petition; or
(3) The gas well drilling and production application for which relief was
granted on the vested rights petition expires.
SECTION 4. The Planning Fee Schedule, previously established and amended by
Ordinances 2005-237 and 2009-098, is hereby amended by substituting, to the limited extent of
any conflict, the revised fee schedule pertaining to Gas Well Drilling and Production, attached
hereto and incorporated herein on the final page of Exhibit "I"; all fees not amended therein
shall remain in place, without repeal or supersedure; and the fees set forth in the Planning Fee
Schedule, as modified herein, are authorized to be imposed.
SECTION 5. 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 6. 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 7. 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 8. 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.
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PASSED AND APPROVED at the City Council meeting posted and commenced on July
20, 2010, on the J21 st day of Jul , 2010.
r'+
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:(- V. dvjw M-~
APPROVED AS TO LEGAL FORM:
Page 5
ANITA BURGESS, CITY ATTORNEY
Exhibit 1
Citation
Proposed Ordinance
35.3.6
A. The following actions shall follow the Board of Adjustment Procedure:
1. Consider an application for a Variance from the zoning regulations.
2. Consider an application for a Variance from the sign regulations.
3. Consider an application for a Variance from gas well drilling and production regulations,
within the City limits.
4. Consider an application to change, reestablish or terminate a Nonconforming Use.
5. Consider an appeal of an Administrative Decision.
35.3.6.B.2
The Zoning Board of Adjustment may grant a variance from the front yard, side yard, rear yard, lot
width, lot depth, coverage, minimum setback standards, landscaping regulations, or from the
minimum separation requirement for gas well drilling and production, where literal enforcement of
the regulations willresult in an unnecessary hardship and where the variance is necessary to develop a
specific parcel of land, which because of site's shape, size or topography differs from other parcels in
the same district, and that it cannot be developed in a manner commensurate with the development
allowed for the other parcels. A variance shall not be granted to relieve a self-created or personal
hardship or to relieve a purely financial hardship. In granting any variance, the board may designate
conditions, which, in its opinion, will secure substantially the purpose and intent of the Development
Code. A variance shall only be granted upon a finding that:
35.16.19.A
Any person who proposes gas drilling or production on a tract of land located within the City's
Extraterritorial jurisdiction, shall submit a Gas Well Development Plat for review and approval by the
City. If any portion of the proposed area to be platted lies within a floodplain, an ESA or within one
thousand, two hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake
Lewisville, a watershed protection permit application for such area(s) shall be submitted with the
development plat application, and shall be decided before any decision on the plat.
35.16.19.D.8
c. Show the location and use of all structures within one thousand feet (1,000') of the wellhead.
j. Clearly delineate the boundaries of the gas well drilling or production area with metes and
bounds. All gas well drilling and production activities shall be limited to this area.
k. A Gas Well Development Plat shall only contain one (1) drilling or production area, and the area
shall not be greater than five (5) acres.
35.16.19.E
1. If gas well drilling activities have not commenced within one (1) year from the date of approval,
the Gas Well Development Plat shall expire.
2. A Gas Well Development Plat may not be extended.
3. If the Gas Well Development Plat expires, then so too shall all associated Watershed Protection
Permits.
4. Upon expiration of a Gas Well Development Plat, the applicant may reapply for a new Gas Well
Development Plat, subject to all requirements of the DDC, as amended. If a Watershed
Protection Permit is required in conjunction with the Gas Well Development Plat, the applicant
must also apply for a new Watershed Protection Permit, subject to all requirements of the DDC,
as amended.
5. If gas well drilling or production has commenced, the gas well drilling and production area shall
be subject to inspections by the City, and shall also be subject to an Annual Inspection and
Administration Fee.
DDC 35.22.2
Operator. The person listed on the Railroad Commission Form W-tor Form P-4 for a well as the
person that is, has applied for, or will be actually in charge and in control of drilling, maintaining,
operating, pumping, or controlling any well or pipeline including without limitation, a unit operator.
Ambient Noise Level. An all-encompassing noise level associated with a given environment. A
composite of sounds from all sources (excluding the noise in question) at the location and
approximate time at which a comparison with the noise in question is to be made. In this context,
the ambient noise level constitutes the normal or existing level of environmental noise at a given
location. The Ambient noise Level is established by recording sounds from all sources (excluding the
noise in question) over a continuous seventy-two (72) hour period at the location prior to drilling.
The seventy-two (72) hour time span shall include at least one twenty-four (24) hour reading during
either a Saturday or Sunday.
Blowout Preventer. a mechanical, hydraulic, pneumatic or other device or combination of such
devices, secured to the top of a well casing, including valves, fittings and control mechanisms
connected therewith, which can be closed around the drill pipe, or other tubular goods which
completely closes the top of the casing and are designed to prevent blowouts.
Commencement of Drilling Activities. The reflection of either "spud Well" or "Nipple Up" the
Blow Out Protectors (BOP) by the drilling contractor on the IADC-API Daily Drilling Report Form
maintained by the Operator's tool pusher on the pad site.
Completion of drilling, re-driUiug and re-working. The date the work is completed for drilling,
re-drilling, or re-working, and the crew is released by completing its work or contracted by its
employer.
Daytime. The period from 7:00 am to 7:00 pm., Monday through Friday, and from 8:00 am to 5:00
pm., Saturdays and Sundays.
Drilling and Production Area (AKA Gas Well Par,, Gas Well Pad Site). The area dedicated to all gas
well drilling and production activities, including the drill site, all structures, closed-loop systems,
dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs, separators,
compressors, perimeter walls, utilities, and all other features or objects contemplated for use during
and after gas well drilling or production.
Flowback. The process of recovering fluids or residual from a completed or fractured well.
Gas 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. §4 60101 - 60137.
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 single or multi-
family residences, accessory guess houses, hotels, condominium buildings, public buildings, and
buildings used for commercial or industrial purposes. A habitable structure shall not include non-
habitable accessory buildings garages and sheds.
Lift Compressor. A device that raises the pressure of a compressible fluid (gas) in order to lift gas
from the well.
Line Compressor. A device that raises the pressure of a compressible fluid (gas) in order for the gas
to be transported through a pipeline.
Nighttime. The period commencing at 7:00 pm and ending at 7:00 am., Monday through Friday and
from 5:00 pm to 8:00 am., Saturdays and Sundays.
Nipple Up. The process of assembling well-control or pressure-control equipment on the wellhead.
Permit, Gas Well. Any written license granted by the City of Denton for the exploration, drilling,
development, and production of natural gas, issued pursuant to rules and regulations of this
Subsection.
Protected Use. Any residence, church, public park, public library, hospital, or school.
Residence. A home, abode, or place where an individual is actually living at a specific point in time.
A structure or part of a structure containing dwelling units or rooming units, including single-family
or two-family houses, multi-family dwellings, boarding or rooming houses, elderly living facilities,
apartments, or dormitories.
Workover Operation. Work performed on a well after its completion in an effort to secure
production where there has been none, to restore production that has ceased, or to increase
production.
35.22.3
Zoning District Classifications for Gas Well Drilling and Production
A. The drilling and production of gas within the corporate limits of the City shall be permitted by
right within the Rural Residential (RD-5), Rural Commercial (RC), Neighborhood Residential 1
(NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-
N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial MC-
C), Employment Center Industrial (EC-I), Industrial Center Employment (IC-E) and Industrial
Center General (IC-G) Zoning Districts, except as provided in subsection B, and subject to
compliance with the requirements of this subchapter.
B. The drilling and production of gas within the corporate limits of the City in all other zoning
districts shall be permitted only by Specific Use Permit pursuant to subchapter 35.6., or site-
specific authorization in a planned development district (PD) or master planned community
(MPC) Notwithstanding the provisions of Subsection A, approval of a Specific Use Permit also
shall be required for gas well drilling and production on any land located wiflin the 100-year
floodway or witlvn one thousand, two hundred feet (1,200') of the flood pool elevation of Lake
Ray Roberts or Lake Lewisville.
1. An application for a Specific Use Permit., or site-specific authorization in a planned
development district (PD) or master planned community district (IvfPC), for the drilling and
production of a gas well shall be filed by the person having legal authority to do so. That
person is presumed to be the record owner, mineral owner, or the duly authorized agent of
either the record owner or the mineral owner. The Chairman of the Development Review
Committee (DRC) may require an applicant to submit information of authority to file an
application.
2. The Chairman of the DRC has the authority to establish requirements for applications in the
Application Criteria Manual. No application shall be accepted for filing until it is complete
and the fee established by the City Council of the City of Denton has been paid. Incomplete
applications shall be returned less a fee for processing determined by the Director of
Planning and Development.
3. Approval of a Specific Use Permit, or site-specific authorization in a planned development
district (PD) or master planned community district (MPC), shall be conditioned on
compliance with the requirements of this Subchapter.
35.22.4
35.22.4 Required Authorization for Gas Well Drilling and Production in City Limits
A. No gas well drilling or production activities may be commenced within the City limits until the
following authorizations have been obtained, in the following sequence:
1. Approval of a Specific Use Permit, where required by section 35.22.3.B., or site-specific
authorization in a planned development district (PD) or master planned community district
NPC);
2. Approval of a Watershed Protection Permit, where location of any gas well drilling or
production activities is proposed on land in the flood fringe or in an ESA, subject to the
application requirements and standards of section 35.22.5.A.8;
3. Approval of a Gas Well Development Site Plan, subject to the application requirements and
standards of section 35.22.6; and
4. Approval of a Gas Well Permit, subject to the application requirements and standards of
Section 35.22.7.
B. Ana lication for an authorization for as well drilling and production listed in Subsection A
may be submitted simultaneously with any other listed application, but the applications must be
decided 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 decided.
C. Approved applications for gas well drilling and production shall expire under the following
circumstances:
1. A Specific Use Permit, or site-specific authorization in a planned development district (PD)
or master planned community district (ivIPC), expires according to its terms;
2. A Watershed Protection Permit expires with the expiration of a Gas Well Development Site
Plan.
3. A Gas Well Development Site Plan expires unless a complete application for a gas well
permit has been filed within one (1) year of the date of approval of the site plan.
4. A Gas Well Permit expires if gas well drilling activities have not commenced within six (6)
months of the date of approval of the Gas Well Pen-nit.
5. The expiration of any subsequent application results in the expiration of all prior approved
applications.
D. Approved applications for gas well drilling and production may not be extended prior to
expiration. Following expiration of an approved application for gas well drilling and production,
a new application must be submitted, which shall be subject to all DDC standards and
procedures then in effect.
E. Each authorization identified in this Section shall be construed as an exercise of the City's zoning
powers, pursuant to City Charter, Tex. Loc. Gov't Code Chapter 211 and the provisions of
subchapter 35.5 of the Denton Development Code.
F. The authorizations required by this Subchapter are in addition to, and not in lieu of, any permits
that may be required by any other provision of the Denton City code or by any other government
agency.
35.22.5
A. The drilling and production of gas wells within the City limits or the City's ETJ shall include the
following standards.
1. Separation standards. The following requirements apply only within City limits.
a. No gas well drilling or production area may be located within one thousand feet (1,000')
of any Protected Use, or freshwater well currently in use at the time a complete
application for a Gas Well Development Plat or Gas Well Development Site Plan is
filed, or within one thousand feet (1,000) of any lot within a previously platted
residential subdivision where one (1) or more lots have one (1) or more structures.
b. Except where more stringent separation distances are specified, the minimum
separation distance between gas drilling or production, and all other uses or features
other than those listed in 35.22.5.A.1.a, shall be five hundred feet (500').
c. The minimum separation requirement established in 35.22.5.A.1.a above may be
reduced via the granting of a variance by the Zoning Board of Adjustment. Except that
the Zoning Board of Adjustment shall not reduce the minimum separation distance any
less than five hundred feet (500').
e. In lieu of 35.22.5.A.l.c above, the standards established in 35.22.5.A.l.a and b may be
reduced if all the property owners of the Protected Uses, all owners of property with a
freshwater well currently in use at the time a complete application for a Gas Well
Development Site Plan is filed, and all owner of lots in a previously platted residential
subdivision where one (1) or more lots have one (1) or more structures witlvn the
reduced separation area, consent to the reduction via a notarized waiver, and the
notarized waiver is attached to the permit application. However, the minimum
separation distance shall not be reduced to less than two hundred and fifty feet (250'),
via the notarized waiver.
f. Separation distances shall be measured from the boundary of the drilling and
production areas identified on the Gas Well Development Plat of Gas Well
Development Site Plan, in a straight line, without regard to intervening structures or
objects, to the closest exterior point of any structure occupied by a Protected Use, or
freshwater well currently in use at the time a complete application for a gas well
development site plan is filed, or the closest lot line of any undeveloped lot within a
previously platted residential subdivision where one (1) or more lots have one (1) or
more structures.
35.22.5.A.2
e. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four inch (4") lettering shall be posted at the entrance of each drill site and
operation site. The sign shall include the development or operating company that is currently
responsible for the gas well plat or site plan, the Railroad Commission Well Identification
Number and the American Petroleum Institute number for the well, the phone number for
emergency services (911), the number for the operator, and any other well designation required
by the Railroad Commission in two inch (2") lettering.
n. All well heads, storage tanks, separation facilities or other mechanical equipment located within
one thousand feet (1,000) of any protected use, or any lot within a previously platted residential
subdivision where one (1) or more lots have one (1) or more structures, or within five hundred
feet (500') of all other uses or features other than those listed in 35.22.5.A.1.a, and not within a
floodplain, shall be screened from such uses, lots or features with an eight-foot (8') high or
higher opaque decorative masonry wall, if the use, lot or feature preexisted the commencement
of gas well drilling.
35.22.5.A.3
d. Internal combustion engines with mufflers may be used in drilling operations. Only electric
motors shall be used for the purpose of pumping gas wells.
k Except in the case of an emergency, gas well flaring shall only be conducted during day-time
hours.
1 Gas well fracturing may only be conducted during day-time hours
3522.5.A.4
a. An operator is allowed to construct, use, and operate such storage equipment and separation
equipment as shown on the approved Gas Well Development Site Plat of 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 Gas Well
Development Plat or Gas Well Development Site Plan.
35.22.5.A.6.p
No gas well permit will be issued for any well where the center of the well at the surface of the
ground is located within one thousand (1,000) feet of an existing fresh water well intended for
domestic use.
35.22.5.A.8.b
A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted to
the DRC by the 'Watershed Protection Department and/or the Floodplain Administrator for all
applicable ESA's prior to the approval of a Gas Well Development Plat.
35.22.5.A.8.c.iv
Tree Mitigation funds shall be paid prior to final approval of a Gas Well Development Plat or Gas
Well Development Site Plan in a Flood Fringe or other ESA.
35.22.5.A.8.f
No more than ten (10) percent of the floodplain, within the limits of the Gas Well Development Plat
or Gas Well Development Site Plan, may be filled.
35.22.5.C
Noise Management Standards
The following standards apply to gas well drilling and production in the Cit r limits.
1. prior to the issuance of a Gas Well Drilling and Operating Permit, the Operator shall establish
and submit to the City, a continuous seventy-two 72 hour pie-drilling Ambient Noise Level
measured three hundred (300) feet from the boundaries of the gas well drilling or production
site. The seventy-two (72) hour time span shall include at least one (1) twenty-four (24) hour
reading during either a Saturday or Sunday.
2. No gas well drilling or production, re-drilled or any equipment shall be operated at any gas well
drilling or production site within the City in such a manner so as to create any noise that exceeds
seventy five decibels (75dB) when measured three hundred (300) feet from the boundaries of the
gas well drilling or production site.
3. The three hundred-foot (300') distance shall be measured from the boundaries of the gas well
drilling or production site depicted on the Gas Well Development Plat or Gas Well
Development Site Plan, in a straight line, without regard to intervening structures or objects.
4. If the ambient noise level that was established and submitted to the City in accordance with
35.22.5.C.1 is higher than seventy five decibels (75dB), the noise generated from the gas well
drilling or production site may not exceed the established ambient noise level by more than five
decibels (5dB) during daytime hours and three decibels (3dB) during nighttime hours, except as
provided by 35.22.5.C.5 below,
5. The following adjustments to the noise standards as set forth above may be permitted
intermittently during daytime hours only, except in the case of an emergency:
Maximum Permitted Increase above 75dB or Maximum Duration
established ambient, if ambient exceeds 75dB (minutes)*
10 dB 5 minutes
15dB 1 minute
20dB Less than 1 minute
*Cumulative minuter during anyone hour
6. Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the City
may be used to ensure noise limitation compliance. All soundproofing shall comply with
accepted industry standards and be subject to approval by the City's Fire Department.
7. The sound level meter used in conducting noise evaluations shall meet the American National
Standard Institute's Standard for sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
8. The noise level generated during gas drilling operations shall be continuously monitored to
ensure compliance with the noise limitation standards established herein. The cost of such
monitoring shall be borne by the Operator. The information from this monitoring shall be
provided to the City upon request, in a format that is acceptable to the City. Failure to provide
this information within 48 hours of the request is considered a violation of this subchapter.
9. If a complaint is received after gas well drilling operations by either the Operator or the City, the
Operator shall immediately upon receipt of the complaint, continuously monitor the exterior
noise level generated by the gas well drilling or production for a seventy-two (72) how: period
and take the action necessary to abate the violation, if a violation exits.
10. In the event of a violation of this subsection, the City may immediately issue a citation to the
Operator for the violation.
35.22.6
Gas Well Development Site Plan and Watershed Protection Permit
A. Applicability
1. A Gas Well Development Site Plan shall be approved for any land within the City limits
before a Gas Well Permit may be issued or any gas well drilling or production activities may
occur. Approval of a Gas Well Development Site Plan authorizes the processing of a
complete application for a Gas Well Permit.
2. A Watershed Protection Permit shall be approved prior to approval of any Gas Well
Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes land
in any floodplain or ESA within the corporate limits or ETJ of the city. Approval of a
Watershed Protection Permit authorizes the processing of a complete application for a Gas
Well Development Site Plan or Gas Well Development Plat, as the case may be, that
includes land in a floodplain or ESA.
B. Application Requirements - G Well Development Site Plan
1. An application for a Gas Well Development Site Plan shall not be determined to be
complete or deemed complete until:
a. any required Specific Use Permit has been approved by the City Council;
b. a complete application for a Watershed Protection Permit, where required, has been
filed with the City pursuant to this subchapter. Approval of an application for a Gas
Well Development Site Plan shall be conditioned on approval of an applicable
Watershed protection Permit, and any conditions imposed with approval of the
Watershed Protection Permit shall be deemed incorporated into the conditions of
approval for the Gas Well Development Site Plan.
2. Approval of a Gas Well Development Site Plan authorizes the holder of the approved Site
Plan to apply for a Gas Well Permit.
3. An application for a Gas Well Development Site Plan, in addition to those items set forth in
Subsection 1, shall:
a. Clearly delineate the boundaries of the gas well drilling or production area with metes
and bounds description, and list the exact acreage of the area. All gas well drilling and
production activities shall be limited to this area.
b. Identify all ingress and egress points.
c. Show the location of all floodplains and ESAs.
d. Show the location of all freshwater well currently in use at the time of commencement
of drilling activity within one thousand feet (1,000') of the gas well drilling and
production area.
e, Show the location of all structures with a protected use within one thousand feet
(1,000') of the gas well drilling and production area;
f. Identify and show proposed method of erosion and sediment control;
g. Identify the location of proposed lease lines;
h. Identify the location of all proposed gas wells, mud pits, ponds, and mechanical
equipment;
i. Label distances between gas wells and property lines;
j. Provide typical well site schematics showing layout during drilling and upon completion
of drilling;
k. Show location of all proposed underground pipelines. As-built drawings shall be filed
with the City (in a digital form as specified by the City, and as a condition of
maintaining the annual operating permit). All pipelines proposed in public rights-of-
way shall require a Right-of-Way Use Agreement. The City Manager shall have the
authority to enter into a Right-of-Way Use Agreement;
1. Show the location of all pipelines and identify if pipelines connect with a Gas
Distribution System;
m. Identify the height, size, bulk and location of all structures, closed-loop systems,
dehydrators, parking areas, security cameras, lighting, tanks, tank battery, drilling rigs,
separators, compressors, perimeter walls, utilities, and all other features or objects
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contemplated within the boundaries of the gas well drilling or production area;
n. Provide a Tree Protection Plan demonstrating compliance with the City's Tree
Preservation Code;
o. Provide a Signage Plan, complying with all requirements of the City for both the Drill
Site and pipelines;
p. When applicable, a Screening, Fencing, and Landscape Plan, detailing compliance with
all landscape and screening measures to be taken to adequately irrigate all landscaping
including the water source for irrigation and the proposed efforts to replace dead or
dying screening vegetation; and
q. Any other information deemed necessary by the Director of Planning and Development
to verify compliance with these standards.
C. Processing of Applications
1. An application for a Gas Well Development Site Plan shall be processed in the manner for
an application for a gas well development plat, as provided in section 35.16.19 of the DDC.
2. A watershed protection permit shall be processed in accordance with the following:
a. All applications for Watershed Protection Permits shall be filed with the Department,
who shall immediately forward all applications to the DRC for review. Incomplete
applications shall be returned to the applicant, in which case the City shall provide a
written explanation of the deficiencies if requested by the applicant. The City shall
retain a processing fee determined by the City Council. The City may return any
application as incomplete if there is a dispute pending before the Railroad Commission
regarding the determination of the operator. No application shall be deemed accepted
for filing until the application is complete.
b. The DRC may attach such conditions to approval of a Watershed Protection Permit as
are necessary to assure that the requirements of Subsection 35.22.5 are met.
c. Each Watershed Protection Permit approved by the DRC shall:
i. Identify the name of each well subject to the permit;
ii. Specify the date on which the Permit was issued;
iii. Incorporate by reference all applicable standards of approval; and
v. Incorporate by reference all applicable conditions of approval.
d. The applicant may appeal the denial or conditional approval of a Watershed Protection
Permit on grounds pertaining to the standards in Subsection 35.22.5.A.6 and
35.22.5.x1.8 to the Planning and Zoning Commission within ten (10) calendar days of
the decision by the DRC. The Commission shall decide the appeal applying the
standards made applicable to the permit by Subsection 35.22.5.x1.6 and 35.22.5.A.8.
e. The applicant may file a petition for review pursuant to Subsection 35,22,5.x1.6 and
35.22.5.x1.8 on grounds therein specified to the City Council within ten (10)
calendar days of the decision by the DRC. The Council shall decide the petition
based upon the criteria in Subsection 35.22.5.A.6 and 35.22.5,x1.8,
D. Criteria for Approval
1. No gas well development site plan shall contain more than one (1) drilling or production
site, and the area shall not be greater than five (5) acres in size. Drilling of a different gas
well within the area subject to an approved Gas Well Development Site Plan shall require an
amendment to the site plan application. All standards in section 35.22.5 shall be met. All
conditions attached to prior approvals shall be incorporated in the approval of the Gas Well
Development Site Plan.
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2. The following standards apply to an application for a Watershed Protection Permit:
a. For land inside the City, all conditions imposed by any applicable Specific Use Permit or
a Planned Development District for the land subject to the Watershed Protection
Permit.
b. Standards in Subsection 35.22.5(A)6 and 35.22.5(A)8.
E. Expiration
1. A gas well development site plan shall automatically expire one (1) year from the date of
approval, unless a gas well permit has been issued by the City for the same site.
a. A gas well development site plan shall not be extended. The applicant may submit a
new Gas Well Development Site Plan application for review and approval in accordance
with all applicable requirements of the DDC then in effect.
b. If the Gas Well Development Site Plan expires, then all permits approved prior to or
simultaneous with the site plan shall likewise expire on the same date.
2. A Watershed Protection Permit shall expire with the expiration of the gas well development
site plan and may not be extended prior to expiration.
35.22.7.F
F. Applications for Gas Well Permits shall be in accordance with the following:
1. shall be in writing;
2. shall be on forms provided by the City;
3. shall be signed by the Operator;
4. shall include the application fee;
5. shall include a copy of the applicable Specific Use Permit, Planned Development Zoning
District, or Gas Well Development Site Plan; and;
6. shall include the information required by the application Criteria Manual unless such
information has been previously provided to the City.
35.22.9.D
The security instrument may be provided for an individual well, or for multiple wells on a single pad
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
administratively established and amended in the application Criteria Manual, in the minimum amount
of $50,000 for any single well, or $100,000 for multiple wells on the same pad site.
35.22.10
A. 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. No Gas Well Permit shall be
approved under this Section unless the property owner or applicant first receives approval of:
1. a Specific Use Permit or Planned Development District, where required;
2. a Watershed Protection Permit, where applicable; and
3. a Site Plan.
Denial or conditional approval of any such applications shall be grounds for denial or conditional
approval of the Gas Well Permit.
B. The DRC shall review each application within 15 days after acceptance for filing and shall
determine:
1. whether the application includes all of the information required by this Subchapter;
2. whether the application is in conformance with the a licable Gas Well Development Site
Plan, applicable Specific Use Permit or Planned Development Zoning District; and
3. whether the application is in conformance with the insurance and security requirements set
forth in Subsection 35.22.8 and Subsection 35.22.9.
C. The Fire Marshal shall review the application and the written report of the DRC and shall issue
the Gas Well Permit after receiving the DRC report within 10 days unless he determines that the
application is incomplete or that the application is not in conformance with the applicable Gas
Well Development Site Plan, applicable Specific Use Permit, Planned Development Zoning
District. The Fire Marshal may employ a technical advisor under the Fire Code.
35.22.10.F.8
Incorporate, by reference, the conditions of the applicable Watershed Protection permit, Gas Well
Development Site Plan, and applicable Specific Use Permit or Planned Development Zoning District;
35.22.101
Expiration of Gas Well Permit
1. A Gas Well Permit is valid for six (6) months and shall automatically expire, unless gas well
drilling activities have commenced prior to expiration. If gas drilling activities have commenced
under a valid permit, the permit shall be renewed annually, subject to all applicable standards and
the payment of all associated fees.
2. If a Gas Well Permit has been issued by the City but gas drilling activities have not commenced
prior to the expiration of the permit, the permit shall not be extended; however, the operator may
reapply for a new permit, subject to all requirements of the DDC then in effect.
3. If gas well drilling has commenced prior to the expiration of the gas well permit, the permit shall
continue, and operator shall be subject to an annual Inspection and Administration fee.
4. If gas well drilling or production activities have commenced following issuance of a gas well
permit before the expiration date, the approved site and drilling and production activities shall be
subject to inspections by the City to ensure compliance with terms and conditions of the permit
and all applicable standards of the DDC.
35.22.12.B
All residences within one thousand (1,000) feet of a well shall be notified a minimum of forty-eight
hours prior to fracturing of a wellhead.
35.22.13
A. An operator may submit an application to the Fire Marshal to amend existing gas well permits to:
1. commence drilling from a new drill site that is not shown on (or incorporated by reference
as part o fl the existing permit;
2. to relocate a drill site or operation site that is shown on (or incorporated by reference as part
of) the existing permit; or
3. to otherwise amend the existing permit, for land subject to the same approved Gas Well
Development Site Plan.
35.22.13.B.4
4. Such additional information as is reasonably required by the Fire Marshal to demonstrate
compliance with the applicable Development Site Plan, applicable Specific Use Permit or
Planned Development Zoning District; and
35.22.13
D. If the activities proposed by the amendment are not materially different from the activities
covered by the existing Gas Well Permit or Gas Well Development Site Plan, and if the
proposed activities are in conformance with the applicable Watershed Protection Permit, Gas
Well Development Site Plan, applicable Specific Use Permit or Planned Development Zoning
District, then the Fire Marshal shall approve the amendment within 10 days after the application
is filed.
E. If the activities proposed by the amendment are materially different from the activities covered
by the existing gas well permit, and if the proposed activities are in conformance with the
applicable Watershed Protection Permit, Gas Well Development Plat, Gas Well Development
Site Plan, applicable Specific Use Permit or Planned Development Zoning District, then the Fire
Marshal shall approve the amendment within 30 days after the application is filed. If, however,
the activities proposed by the amendment are materially different or, in the judgment of the Fire
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Marshal, might create a risk of imminent destruction of property or injury to persons that was
not associated with the activities covered by the existing permit or that was not otherwise taken
into consideration by the existing permit, the Fire Marshal may require the amendment to be
processed as a new gas well permit application.
35.22.15.B
The Fire Marshal or the oil and gas inspector shall have the authority to enter and inspect any
premises covered by the provisions of this subchapter, to determine compliance with its provisions,
and all applicable laws, rules, regulations, standards, or directives of any local state or federal
authority.
35.22.17.A
The Fire Marshal and the oil and gas inspector are authorized and directed to enforce this Subchapter
and the provisions of any Gas Well Permit. Whenever necessary to enforce any provision of this
Subchapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a
violation of this Subchapter or a Gas Well Permit, the Fire Marshal or oil and gas inspector, may
enter upon any property covered by this Subchapter or a Gas Well Permit at any reasonable time to
inspect or perform any duty imposed by this Subchapter. If entry is refused, the City shall have
recourse to every remedy provided by law and equity to gain entry.
DDC 35.23
Improvement (Public or Private). Any physical man-made addition which becomes part of, is
placed upon, or is affixed to any real property, or any part of such addition, including but not limited
to, any building, structure, bridge, work of art, parking facility, public facility, fence, gate, wall, streets
and all related appurtenances, utilities, pedestrianways, bikeways, equestrian trails, landscaping or
irrigation, whether involving the subdivision of land or not.
Project. A specific development on an identifiable parcel of land.
Project improvements. Site improvements and facilities that are planned and designed to provide
for a particular development project and that are necessary for the use and convenience of the
occupants or users of the project.
Project site. That portion of any lot, parcel, tract, or combination thereof that encompasses all
phases of the total project proposal.
Ordinance
Add the
following fee schedule to Ordinance 2005-237:
2005-237
F
A
i
i
ee
ct
v
ty
The following fees shall be charged for the first two (2) reviews
Gas Well SUP Review
$12,500
Gas Well Development Site Plan
$7,500
Gas Well Development Plat Review
$5,000
Gas Well Plat/Site Plan Amendment
$5,000
Each additional two (2) reviews
$5,000
The following fees shall be charged annually, per gas' well
Annual Inspection and Administration Fee (within City)
$3,200
Annual Inspection and Administration Fee (within ETJ)
$1,800
The following fees shall be charged per each application
Transfer of Operation
$700
Watershed Protection Permit
$3,000
Gas Well Permit
$550
Fracture/Drill Pond
$550
Compressor Facility Permit
$550
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