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2013-248FILE REFERENCE FORM 2013-248 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other 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: Page 1 sAlegal \our documents\ ordinances \13 \amended gas well fees- 0917I3 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: 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 -._ -- - �� Page 2 s:\Iegal\our documents\ordiiiances\13\amended gas well fees-091713 alternate version 2,doc . .......... . . . ................ ... . . ..... . . ........... 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 z 0 V z QO W X 2 LU W 0: w cn S LL LL V r m E U) 4- '3' M 04 U) 69 CL to LO 00 rZ Lo o - o ca o2 0 of m E a) o Lo a) Lo C CD f oo N ca Gq a) d. lu x 04 a) a) r W c O to o o L M- a) C,) 64 c,4 co C', Iq m .0 cq mo w r- 06 0 -�l w a) r00 E) 0) 04 0 d) I_ U) co 64 U) as (D no 9 - A co Zt (D I-- co (D m -� 0 :D Z: 00 0 0 U r 0 . . . . ..................... -j r— r- N 04 04 04 E w c6 (,i 6 6 e2 T m c .c 0 12 LL C) 000 ::1- 00 0 C� CD 00 CD U) 0 C� 0 C� � 0 0 05 w I LO m S 9 0 LL r 0 U LL