2010-196ORDINANCE NO. 2010-196 (SECOND REVISION) 1
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, AS PREVIOUSLY AMENDED BY ORDINANCE NO.
2010-181; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF, SEVERABILITY AND EFFECTIVE DATE. (DCA10-0006).
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, after public hearings, the City Council recently amended certain of these
codified standards, as set forth in Exhibit 1 to Ordinance 2010-181, for the reasons therein stated;
and
WHEREAS, in response to further input from both citizens and industry representatives,
the Council desires to further refine and clarify certain provisions changed in Exhibit 1 to
Ordinance 2010-181, to more clearly achieve the purposes underpinning those changes; and
WHEREAS, after providing notice and after conducting public hearings as required by
law, the City Council finds that the subject changes to the Development Code, as previously
amended by ordinance 2010-181, 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 of the Denton Development Code, as
amended by Ordinance 2010-181, are amended to incorporate the specific changes, as identified
by section or subsection in Exhibit "l", and such changed sections or subsections shall
1 At the August 17, 2010 City Council meeting where these revisions were discussed, the approval motion incorporated
numerous modifications that were incorporated into the final signed copy of Ordinance 2010-196; however, it was later
discovered that the changes were incomplete. This revised copy incorporates the missing elements considered and
approved by the City Council at the August 17, 2010 meeting. Revisions noted with an asterisk.
Page 1
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.
SECTION 4. 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 5. 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 6. 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 7. The specific changes made by 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 this the
day of &Z12&&_Z~,_2010.
Lj=
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
LEGAL FORM:
BURGESS, CITY ATTORNEY
BY:
e2
Exhibit 1- Clean Version
Citation
Proposed Ordinance
35.16.19.E
5. If gas well drilling or production has commenced, the gas well drilling and production area shall
be subject to inspections by the City.
DDC 35.22.2
Drilling and Production Area (AKA Gas Well Park, Gas (Fell 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, as designated on the Gas Well Development Plat or Gas
Well Development Site Plan.
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 dwellings, accessory guest houses, hotels, condominium buildings, public buildings, and
enclosed buildings used for commercial or industrial purposes. A habitable structure shall not
include non-habitable accessory buildings, mobile homes, barns, garages and sheds.
[Residence definition deleted]
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.
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) or within any unzoned area of the City that is subject to
the use regulations of the RD-5 District, Rural Commercial (RC), Neighborhood Residential 1
(NR-1), Neighborhood Residential 2 (NR-2), Regional Center Commercial Neighborhood (RCC-
N), Regional Center Commercial Downtown (RCC-D), Employment Center Commercial (EC-
q, Employment Center Industrial (EC-1), 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 through
approval of a Detailed Plan in a Planned Development (PD) district, or site-specific
authorization in Master Planned Community (1VIPC) district. Notwithstanding the provisions of
Subsection A, approval of a Specific Use Permit also shall be.required for gas well drilling and
production on any land located within the 100-year floodway or within one thousand, two
hundred feet (1,200') of the flood pool elevation of Lake Ray Roberts or Lake Lewisville.
35.22.4
Required Authorization for Gas Well Drilling and Production in City Limits
A. 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 Specific Use Permit, where required by section 35.22.3.B., approval of a
Detailed Plan in a Planned Development (PD) district, or site-specific authorization in a
Master Planned Community (MPC) district;
G. Legal Non-Conformity Provision
1. The amendments to the standards and procedures enacted by Ord. No. 2010-181 pertaining
to changes in Denton Development Code Subchapters 35-3, 35-16, 35-22 and 35-23 do not
apply to applications for permits for gas well drilling and production if, on the effective date
of such ordinance (August 4, 2010), the following circumstances existed:
a. For Gas Well Development Plats and associated Watershed Protection Permit, a
complete application for a Gas Well Development Plat, together with an required
Watershed Protection Permit application, was pending for decision on such date, or the
area to be platted was the subject of an approved SUP, detailed plan within a PD
district, or site-specific authorization within a NMC district for gas well drilling and
production that was still in effect on August 4, 2010, provided that the application is
subject to all gas well drilling and production standards in effect immediately prior to
such date.
b. For Gas Well Permits, the application for the Gas Well Permit is subject to a Gas Well
Development Plat that identifies the well site, the Plat was approved prior to August 4,
2010, and gas well drilling and production activities previously have commenced for
another gas well subject to the approved Gas Well Development Plat that is located
within one thousand feet (1,000') of the proposed gas well site, provided that the
application is subject to all gas well drilling and production standards in effect
immediately prior to such date.
2. For Gas Well Permits other than those described in subsection 1.b., if a complete
application for a Gas Well Permit was pending on August 4, 2010, the application is not
subject to the separation standards prescribed in section 35.22.5.A.1, as amended ordinance
2010-181, provided that the application is subject to all gas well drilling and production
separation standards in effect immediately prior to such date.
35.22.5
A. The drilling and production of gas wells within the City limits shall be subject to 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
habitable structures.
b. Except where more stringent separation distances are specified, the minimum
separation distance between a gas drilling or production area and all other
habitable structures other than those listed in 35.22.5.A.1.a, shall be five hundred
feet (500').
d. In lieu of 35.22.5.A.1.c above, the standards established in 35.22.5.A.1.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 habitable
structures within 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.
e. Notwithstanding any other provision of this subsection, a Protected Use or lot
within a previously platted residential subdivision where one (1) or more lots have
one (1) or more habitable structures may be located as close as two hundred fifty
feet (250') of a pre-existing drilling and production area, provided that the lots or
Protected Use is not served by a freshwater well that is located within one thousand
feet (1,000') of the drilling and production area.
35.22.5.A.2
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 habitable structures, or within five
hundred feet (500') of all other habitable structures other than those listed in 35.22.5.A.1.a, and
not within a floodplain, shall be screened with an eight-foot (8') high or higher opaque
decorative masonry wall, if the Protected Use, habitable structures, or platted lot preexisted the
approval of the first applicable requirement in the sequence of authorizations established under
35.22.4.
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 or Gas Well Development
Site Plan.
35.22.5.A.8.f
No more than ten (10) percent of the floodplain, within the limits of the gas Drilling and Production
Area may be filled.
35.22.5.C
Noise Management Standards
The following standards apply to gas well drilling and production in the City limits.
2. No gas well drilling equipment, production equipment, re-drilling equipment, or any other
associated equipment shall be operated at any gas well drilling or production area 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
area,
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 area 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.
35.22.5.A.8.C.rv
Tree Mitigation funds shall be paid prior to final approval of a gas Drilling and Production Area in a
Flood Fringe or other ESA.
35.22.6
Gas Well Development Site Plan and Watershed Protection Permit
B. Application Requirements - Gas Well Development Site Plan [Title amendment only]
D. Criteria for Approval
1. No Gas Well Development Site Plan shall contain more than one (1) drilling or production
area, and the area shall not be greater than five (5) acres in size. All standards in section
35.22.5 shall be met, and all conditions attached to prior approvals shall be incorporated in
the approval of the Gas Well Development Site Plan.
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, where required, a Detailed Plan in a Planned Development D
district, or a site-specific authorization in a Master Planned Community (MPC) district;
2. a Watershed Protection Permit, where applicable; and
3. a Gas Well Development Site Plan.
Denial or conditional approval of any such applications shall be 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:
2. whether the application is in conformance with the applicable 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 ten (10) days or determine that the
application is not in conformance with the applicable Gas Well Development Site Plan,
applicable Specific Use Permit, Detailed Plan in a Planned Development (PD) district, or site-
specific authorization in a Master Planned Community (MPC) district. The Fire Marshal may
employ a technical advisor under the Fire Code.
35.22.10.1
Expiration of Gas Well Permit
3. If gas well drilling has commenced prior to the expiration of the Gas Well Permit issued by the
City, 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 by the City before the expiration date, the approved drilling and production area 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.
35.22.12.B
All dwellings 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
Amended Gas Well Permits
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 Detailed Plan in a Planned
Development (PD) district, or site-specific authorization in a Master Planned Community
(IVII'C) district, then the Fire Marshal shall approve the amendment within ten (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 Site Plan, applicable Specific
Use Permit or Detailed Plan in a Planned Development (PD) district, or site-specific
authorization in a Master Planned Community (MPC) district, then the Fire Marshal shall
approve the amendment within thirty (30) days after the application is filed. In addition, if the
activities proposed by the amendment are materially different or, in the judgment of the Fire
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.