2013-248FILE REFERENCE FORM 2013-248
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
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FILE(S) Date Initials
Su erseded and Re ealed b Ordinance No. 2016-016 01/26/16 JR
s: \legal \our documents \ordinances \13 \amended 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
WHEREAS, 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 finds that the fees relating to gas well
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 services, and are in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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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:
Mvity
The following fees shall be charged for the first two (2) reviews
Fee
.....
Gas .._..�.� ....._ ......�_...__ ...._.....�.�... ._�, ....._. _ ..
Well SUP Review (includes Engineering Fee)
$12,840
Gas Well Development Site Plan
5
$7,575
...
... �,_.. .... _ .. .,..___ .. -_____ _. .
Ad�onal Engineering Fee
$390..
Additional Fee for Full Landscape Plan Review includes initial and one follow- _ � llow-
$350
up inspection)
. ..
_.
m....
W dditionpal Fee for Second Follow -Up inspectionthird site visit) "'
' ' ( it} for Full
$265
andsca e Plan Review
—
�
( 1 a aw
, ditinal Fee for F Tree Mitigation Review includes initial and one follow-
$240
u inspection)
t - ... Up inspection (third site visit) for Full Tree
$165
Mitigation Review
Additional Fee for Erosion and Sediment Control Plan Review (includes initial
and one follow -up inspection), which fee is included as part of the Initial Gas
$285
Well Inspections category below
.........,
' for Erosion
Additional Fee for Second Follow-Up (third site visit) f
$130
and Sediment Control Ilan Review
..._.m._.
Initial Gas Well Inspections (includes Erosion and Sediment Control Plan Review,
..m.....__.
__ _ ..
$1,620
and initial adnefoow up i sp ectio ) L onissuance of a G as Well Permit
and
�.....,.
...,.. _. ..... , ... _..m._. _.
as Well Development Plat Review
_
$5,215
_..�........t, .. .._.... ......
Additional Engineering Fee
$ 390
�
.... -_ -_ - —1– ndment - --- ..- ...,.....
Gas Well Site Plan Plat Amendment
..........
$7,575/$5,215.
Additional Engineeri..... .._____ �...� �......
Engineering Fee
�........
�,.._ .........3....
$
m � flan category
The same fees listed under the Gas Well Development Site a category above -
shall be charged, if applicable
The following fees shall be charged annually, per gas well
Annual Inspection and Administration Fee (within City) (covers two annual
,055
inspections)
Additional Fee for each follow -up inspection beyond the two annual inspections
$485
- -....
Ann. . _�...m.. -. ._ .. ..... � _..�..__..._ _ ..... .... �........�.
ual Inspection and Administration Fee (within ETJ) (covers two annual
......m_
$395
inspections
follow -u- -"ins ection b.... �.--
- -.....Additional Fee for each e
p p . yond . _
the two annual inspections
$35
m
Corol ( Inspection covers initial and one follow-up m °..._..
Anual F sion—and Sed' ent nt
$285
inspection)
__.
tioni inspection beyond d the initial and one follow -up Annual
........._
$130
Erosion and Sedment Control Inspection
- - �- The following fees shall be charged per each application
p -._ --
-
��
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. .......... . . . ................ ... . . ..... . . ...........
Transfer of Operation $315
.. .... . ..... . ..... . ........... . ...... -.1----
Watershed Protection Permit $195
Gas Well Per=t $500
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", for gas well
drilling and production is adopted.
SECTION 4. Section 2 of Ordinance 2011-100 is hereby superseded and repealed.
SECTION 5. This ordinance shall become effective at 12:01 a.m., September 18, 2013
PASSED AND APPROVED this, the Tjt�l day of _September 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR6, ED AS 0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .......
MARK A. I.1 J ROB -JGHS, MAYOR
Page 3
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