2015-233s:\Iegal\ourdocuments\gas well documents \15 \08 -04 -15 gas well ordinance preambles \preambles togas well ordinance -amendments 2015,docx
ORDINANCE NO. 2015 -233
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SUBCHAPTERS 5,16 AND 22 OF THE DENTON DEVELOPMENT CODE,
RELATING TO GAS WELL DRILLING AND PRODUCTION, DEFINITIONS,
AND PROCEDURES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code and accordingly enjoys broad powers of self governance; and
WHEREAS, the City Council, pursuant to Ordinance No. 2001 -465 adopted the City's
first gas well drilling and production regulations as part of Chapter 35, "Zoning ", and adopted
Ordinance No. 2001 -466 as part of Chapter 34, "Subdivision and Land Development ", of the
City of Denton City Code (collectively referred to as the "Gas Well Ordinance "; and
WHEREAS, on February 5, 2002, the City Council incorporated the Gas Well
Ordinance into the Denton Development Code, Ordinance No. 2002 -040, primarily into
Subchapter 22; and;
WHEREAS, the increased gas well drilling and production activities in close proximity
to residential and other protected uses has generated from the public a multitude of land use
compatibility concerns regarding the City's ordinances and regulations now applicable to the gas
well drilling and production activities, including, but not limited to, health, noise, lighting, truck
traffic, dust, vibrations and other nuisances; and
WHEREAS, since February 5, 2002, the City Council has amended the Gas Well
Ordinance a few times since Ordinance 2002 -040, with the most recent ordinance amendment,
Ordinance No. 2013 -014, occurring on January 15, 2013, in an attempt to address these
environmental and land use compatibility concerns; and
WHEREAS, after the adoption of Ordinance No. 2013 -014, the City Council has
continued to receive from the public a multitude of land use compatibility concerns regarding the
City's ordinances and regulations now applicable to the gas well drilling and production
activities, including, but not limited to, health, noise, lighting, truck traffic, dust, vibrations and
other nuisances; and
WHEREAS, further increased drilling in close proximity to residential and other
protected uses after the enactment of Ordinance No. 2013 -014 have resulted in negative and
deleterious effects on Denton citizens, calling into question whether the various interests could
be better balanced by additional review of the City's ordinances and regulations; and
WHEREAS, the City Council of the City of Denton, Texas has witnessed the conflict
between increased drilling and urban expansion, and acknowledges the need to regulate the
conflicting land use issues between gas well operations and surface owners seeking the peaceful
and quiet enjoyment of their property; and
WHEREAS, the City Council finds that potentially harmful impacts of gas well drilling
and production within the City fall most heavily upon neighborhoods and properties adjacent to
gas well drilling and production operations; and
WHEREAS, gas well drilling and production activities are classified as industrial uses
under the Denton Development Code; and
WHEREAS, gas well drilling and production activities conducted within city limits are
subject to and governed by the City's zoning regulations; and
WHEREAS, the City Council, after due and careful consideration, found that there
remain significant and compelling environmental and land use compatibility concerns associated
with the gas well drilling and production activities; and
WHEREAS, on May 6, 2014, the City Council adopted a gas well moratorium,
Ordinance No. 2014 -137, which has subsequently been amended three times and is set to expire
on August 18, 2015, to preserve the status quo while a review and update to the Gas Well
Ordinance could be developed and implemented to ensure compatible land use that do not
negatively impact property values and neighborhood character; and
WHEREAS, based on numerous studies, the City initially pursued a course of
encouraging co- location of gas wells to the maximum extent possible in order to mitigate
impacts upon neighborhoods and to lessen impact on surface development; and
WHEREAS, on November 4, 2014, the citizens of Denton by initiative ordinance voted
to enact a ban on hydraulic fracturing; and
WHEREAS, the City developed gas well ordinance amendments, based on co- location
principles and presented them before the Planning & Zoning Commission for its
recommendation on January 21, 2015; and
WHEREAS, the Planning and Zoning Commission, via a 4 -3 vote, recommended denial
of the gas well ordinance amendments, which triggered a supermajority vote requirement by the
City Council to overturn the denial recommendation; and
WHEREAS, on May 18, 2015, House Bill 40 (Texas Natural Resources Code, Sec.
81.0523) was enacted, which provides the State of Texas with exclusive jurisdiction over Gas
Well Drilling and Production Activities. Municipalities are preempted from regulating such
activities, except as allowed in Sec. 81.0523(c), which expressly provides that a municipality has
authority to regulate certain aspects of aboveground activity related to oil and gas operations; and
WHEREAS, on June 16, 2015, the City Council amended Initiative Ordinance No. 2014-
001 to repeal the ban therein established on hydraulic fracturing; and
WHEREAS, the City Council remanded the gas well ordinance amendments to the
Planning and Zoning Commission for further consideration in light of the enactment of House
Bill 40; and
WHEREAS, City Staff presented a new proposed set of gas well ordinance amendments
to the Planning and Zoning Commission to regulate those activities that may be regulated under
House Bill 40, along with other regulatory authority the City possesses pursuant to Section
92.007 of the Texas Natural Resources Code, Chapters 54, 211, 212, 217 and 551 of the Texas
Local Government Code, Chapter 26 of the Texas Water Code, Chapter 382 of the Texas Health
and Safety Code, and numerous other legislative and Constitutional provisions of the State of
Texas; and
WHEREAS, after a public hearing held according to state law on July 22, 2015, the
Planning and Zoning Commission, by a vote of 7 -0, recommended approval of the proposed gas
well ordinance amendments; and
WHEREAS, on July 28, 2015, the City Council held a public hearing pursuant to state
law, to hear testimony from citizens in connection with the proposed gas well ordinance
amendments; and
WHEREAS, at its regular meeting on August 4, 2015, the City Council, after due and
careful consideration, finds that there remain significant and compelling land use compatibility
concerns associated with gas well drilling and production activities; and
WHEREAS, the City Council further finds that the subject changes to the Denton
Development Code are consistent with the Comprehensive Plan and are in the public interest and
assure the health, safety and general welfare of the City's residents and businesses; and
WHEREAS, the City Council additionally finds that the provisions of the amendatory
ordinance are in compliance with House Bill 40; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals, including the findings made therein, are hereby
found to be true and correct factual and legislative determinations of the City of Denton, Texas
and are hereby approved and incorporated by reference as though fully set forth herein.
SECTION 2. Subchapter 5, Section 35.5 of the Denton Development Code ( "Zoning
Districts and Limitations ") is amended as set forth in Exhibit "l", which is fully attached and
incorporated fully herein by reference.
SECTION 3. New Section 35.5.10 ( "Gas Well Development ") is added to Subchapter 5
of the Denton Development Code, and such new section shall hereinafter read verbatim as set
forth in Exhibit "2 ", which is attached and incorporated fully herein by reference.
SECTION 4. Subchapter 16, Section 35.16.7 ( "Lots, Access and Common Areas ") of
the Denton Development Code is amended to incorporate the specific changes identified in
Exhibit "3 ", which exhibit is fully attached and incorporated fully herein by reference.
SECTION 5. Subchapter 22 of the Denton Development Code ( "Gas Well Drilling and
Production ") is deleted in its entirety and replaced with a new Subchapter 22, which subchapter
shall hereinafter read verbatim as set forth in Exhibit "4 ", which is attached and incorporated
fully herein by reference.
SECTION 6. 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 7. 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 8. 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 9. 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 at the City CoLlt 1 m,oting, postal and commenced on the
__._day of August, 2015.
CH 1S
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP f VED S TO LEGAL FORM:
AN1 1"A Bt:JR, G SS, CITY AI'1M h EN
EXHIBIT "I"
Zoning District and Limitations
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Zoning Amendments to Section 35.5
Amend Subchapter 35.5, Zoning Districts and Limitations, as follows:
A. Amend Section 35.5.1, Rural Districts, subsection 2, Permitted Uses, by substituting the
term "Gas Well Development," as defined in Section 35.22.1, for the industrial land use
category "Gas Wells ".
B. Amend Section 35.5.2, Neighborhood /Residential, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.1, for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the NR -3,
NR -4, NR -6, NRMU -12 and NRMU districts for the same category.
C. Amend Section 35.5.3, Downtown Diversity Core, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.1. for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the DR -1,
DR -2, DC -N and DC -G districts for the same category.
D. Amend Section 35.5.4 Community Mixed Use Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.1, for the
industrial land use category "Gas Wells," and delete the "SUP" designation for the CM -G
and CM -E districts for the same category.
E. Amend Section 35.5.5 Regional Mixed Use Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.1, for the
industrial land use category "Gas Wells" and delete the "SUP" designation for the RCR -1
and RCR -2 districts for the same category.
F. Amend Section 35.5.6, Employment Centers, subsection 2, Permitted Uses, by
substituting the term "Gas Well Development," as defined in Section 35.22.1, for the
industrial land use category "Gas Wells."
G. Amend Section 35.5.7, Industrial Centers, subsection 2, Permitted Uses, by substituting
the term "Gas Well Development," as defined in Section 35.22.1, for the industrial land
use category "Gas Wells."
H. Amend Section 35.5.8, Limitations, L (27), to read:
"L (27) = All gas well development is subject to compliance with Subchapter 35.22, Gas
Well Drilling and Production, and with Section 35.5.10 of this Ordinance."
I. Amend Sections 35.5.1.2; 35.5.2.2., 35.5.3.2. 35.5.4.2, 35.5.5.2, 35.5.6.2 and 35.5.7.2,
by adding to the Industrial Land Use Categories section a new industrial use,
"Compressor Stations ", as defined in Section 35.22.1, and by designating such use as
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"SUP" for the IC -E and IC -G Districts and as a "N" for all districts referenced in such
sections.
EXHIBIT "2"
Gas Well Development
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Section 35.5.10
Gas Well Development
35.5.10.1 Purpose, Authority and Applicability.
A. Purpose. The drilling and production of gas and the development of gas well facilities
within the corporate limits of the City necessitate promulgation of reasonable regulations
to prevent devaluation of property; to protect watersheds; to ensure that Gas Well
Drilling and Production Activities are compatible with adjacent land uses throughout the
duration of such activities; and to assure that such activities conform to The Denton Plan.
The regulations contained in Subchapters 5, 16 and 22 are designed to protect the health,
safety, and general welfare of the public and to assure that the orderly and practical
development of mineral resources is compatible with the quiet enjoyment of affected
surface estates. The regulations contained in Subchapters 5, 16 and 22 are designed to
implement the purposes set forth in this subsection and are supported by the following
findings of fact:
1. Gas Well Drilling and Production Activities create externalities that potentially
threaten the health, safety and general welfare of persons residing or working on
property in proximity to such operations.
2. Gas Well Drilling and Production Activities, in the absence of local regulatory
controls, may emit high noise levels, produce large volumes of dust, congest local
streets, present fire hazards and produce other deleterious effects, all of which fall
disproportionately on adjacent land uses, and which can result individually or
cumulatively in injury to persons, destabilization of property values, and inhibit
the quiet peace and enjoyment of surface uses of real property in the vicinity of
such operations.
3. The City of Denton recognizes that the United States and the State of Texas
primarily regulate Gas Well Drilling and Production Activities. Moreover, with
the enactment of House Bill 40 on May 18, 2015 (Texas Natural Resources Code,
Sec. 81.0523), the State of Texas has exclusive jurisdiction over Gas Well
Drilling and Production Activities. Municipalities are preempted from regulating
said activities except as allowed in Sec. 81.0523(c), which expressly provides that
provides that a municipality has authority to regulate certain aspects of
aboveground activity related to oil and gas operations. The regulations in this
Subchapter are intended to regulate under such authority, in order to implement
compatible local objectives that assure the health, safety and general welfare of
the City's residents and businesses.
4. The proliferation of gas wells and Drilling and Production Sites within the City of
Denton creates conflicts between such developments and other existing and future
surface uses of the property. In order to assure the compatibility of residential,
commercial and industrial uses with gas well development, it is necessary for the
City to separate Gas Well Development from other surface uses within the City.
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B. Authority. This Subchapter is adopted pursuant to authority vested under the
constitution and laws of the United States, the State of Texas and the City of Denton.
Each authorization identified in this Subchapter shall be construed as an exercise of the
City's zoning powers, pursuant to the Denton City Charter, Texas Local Government
Code Chapters 211 and 212 and the provisions of Subchapter 35.5 of the Denton
Development Code (DDC), as well as an exercise of its authority granted by Section
81.0523(c) of the Texas Natural Resources Code.
C. Applicability. The provisions of Subchapters 5 and 22 apply only within the corporate
limits of the City of Denton, except as otherwise expressly stated therein.
D. Integrated Provisions. The provisions of Subchapters 5 and 22 relating to gas well
development are intended as a set of integrated regulations. Subchapter 5 establishes
zoning classifications and permitting requirements and procedures for gas well
development. Subchapter 22 contains definitions that apply to all provisions regulating
gas well development, and identifies impact mitigation standards and other general
standards that apply to gas well development. Each subchapter may incorporate by
reference other applicable provisions of this Denton Development Code that pertain to
gas well development.
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Section 35.5.10.2 Required Authorization for Gas Well Development in City Limits.
A. Zoning District Classifications for Gas Well Development
1. Gas well development is classified as an industrial land use in all zoning districts.
1 Gas well development is permitted as set forth in Sections 35.5.1 through 35.5.7
of the DDC, subject to the Limitations in Section 35.5.8 of the DDC and the
standards in this section and in Subchapter 22. Gas well development also is
permitted if authorized by a Master Planned Community ( "MPC ") or Planned
Development ( "PD ") District.
3. In order to foster compatible land use within zoning districts, Gas Well
Development within the corporate limits of the City will be subject to reasonable
setbacks from Protected Uses and Residential Subdivisions, which vary according
to the types of uses authorized in each district. Because many gas wells are
already in close proximity to existing Protected Uses or Residential Subdivisions,
setbacks standards within districts will vary according to whether the proposed
Gas Well Development takes place on an Existing Site or a new site.
4. A Drilling and Production Site Setback is the distance that the site must be
separated by an Operator from an existing Protected Use or Residential
Subdivision. A Reverse Setback is the minimum distance that a Protected Use or
Residential Subdivision must be separated by a surface owner from an approved
Drilling and Production Site. A Minimum Setback is the minimum distance a
Drilling and Production Site must be separated by an Operator from a Protected
Use or Residential Subdivision after a waiver or variance is granted to reduce the
setback requirement.
B. Setbacks by Zoning District Classification: New Gas Well Drilling and Production Sites
Setbacks from Protected Uses and Residential Subdivisions for new Drilling and
Production Sites, Reverse Setbacks and Minimum Setbacks shall be as follows. In order
to reduce Drilling and Production Site Setbacks, the procedures outlined in Section
35.5.10.3 must be followed.
1. For new Drilling and Production Sites in Rural Districts established by Section
35.5.1, in Neighborhood /Residential Districts authorized by Section 35.5.2, in
Downtown University Core Districts authorized by Section 35.5.3, in Community
Mixed Use Center Districts authorized by Section 35.5.4, in Regional Mixed Use
Center Districts established by Section 35.5.5 and in Employment Center Districts
authorized by Section 35.5.6:
a. Drilling and Production Site Setbacks: 1000 feet
b. Minimum Setbacks: 500 feet
C. Reverse Setbacks: 250 feet
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2. For new Drilling and Production Sites in Industrial Center Districts established by
Section 35.5.7:.
a. Drilling and Production Site Setbacks: 250 feet
K Minimum Setbacks: 250 feet
C. Reverse Setbacks: 250 feet
Where a proposed Drilling and Production Site in an Industrial Center District is
contiguous to the boundary of a district subject to the setbacks in subsection (1),
the Drilling and Production Site Setback shall be 500 feet from Protected Uses or
Residential Subdivisions within the adjacent district and the Reverse and
Minimum Setbacks shall be 250 feet.
For new Drilling and Production Sites in PD Districts and MPC Districts, Drilling
and Production Site Setbacks and Reverse Setbacks shall be as provided in the PD
District or MPC District regulations or as provided in subsequent site - specific
applications approved prior to August 4, 2015. The Drilling and Production Site
Setbacks and Reverse Setbacks in subsection (1) shall apply to any setback not
specified in the MPC or PD District regulations or in subsequent site - specific
applications approved prior to August 4, 2015.
Setbacks for Existing Gas Well Sites
1. For Existing Drilling and Production Sites in Industrial Center Districts:
a. Drilling and Production Site Setbacks: 250 feet
b. Minimum Setbacks: 250 feet
C. Reverse Setbacks: 250 feet
1 For Existing Drilling and Production Sites in all other districts, except in MPC or
PD Districts:
a. Drilling and Production Site Setbacks: 500 feet
b. Minimum Setbacks: 250 feet
C. Reverse Setbacks: 250 feet
3. For Existing Drilling and Production Sites in MPC or PD Districts, setbacks shall
be as provided in the MPC or PD District regulations, or as provided in
subsequent site - specific applications approved prior to August 4, 2015. The
Drilling and Production Site Setbacks and Reverse Setbacks in subsection (2)
shall apply to any setback not specified in the MPC or PD District regulations, or
in subsequent site - specific applications approved prior to August 4, 2015.
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In order to reduce Drilling and Production Site Setbacks, the procedures outlined in
Section 35.5.10.3 must be followed.
D. Measurement of Setbacks
A Drilling and Production Site Setback shall be measured from the actual or
proposed boundaries of the Drilling and Production Site 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 any residential lot boundary line on an
approved Residential Subdivision plat when not currently occupied by a Protected
Use.
2. The Reverse Setback shall be measured from the closest exterior point of the
proposed structure to be occupied by a Protected Use, in a straight line, without
regard to intervening structures or objects, to the closest boundary designated for
the approved Gas Well Development Site Plan, or, if no Gas Well Development
Site Plan has been approved for the site, from the closest boundary of the Existing
Drilling and Production Site. For a proposed Residential Subdivision plat, the
Reverse Setback shall be measured from any undeveloped residential lot
boundary to the closest boundary designated for the approved Gas Well
Development Site Plan, or, if no Gas Well Development Site Plan has been
approved for the site, from the closest boundary of the Existing Drilling and
Production Site.
The Reverse Setback for all other proposed Habitable Structures shall be the
distance prescribed by the Fire Code. No permanent Habitable Structure,
however, shall be located within the boundaries of a Drilling and Production Site.
E. Compliance with Fire Code Setbacks
In the event of any conflict between the setback provisions established by this Subchapter
and any setback provisions established by the Fire Code, as now adopted or hereafter
amended by the City of Denton, whichever provision provides for the larger setback shall
control.
F. After the effective date of this amendatory ordinance, a property owner who constructs a
Protected Use must maintain a distance of three hundred (300) feet between the closest
exterior point of the proposed structure to be occupied by the Protected Use and any
equipment on a Drilling and Production Site that produces or stores flammable or
combustible liquid or gas, to assure efficient emergency response operations. After such
date, an Operator who locates any equipment that produces or stores flammable or
combustible liquid or gas on a Drilling and Production Site must maintain a distance of
three hundred (300) feet between such equipment and the closest exterior point of a
structure occupied by a Protected Use.
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35.5.10.3 General Permit Requirements for New and Existing Gas Well Sites
A. Permit Procedure Tracks
1. bras Well Dev It °� )jnerit Site lllati jI e lied E t' Author .abort of Multip�� C.Jlmm
a. Other than for pending permit applications excepted from these
regulations under 35.10.3.E.2, no Gas Well Permit shall be issued until a
Drilling and Production Site has been established through approval of a
Gas Well Development Site Plan for the well site. For an Existing
Drilling and Production Site for which no Gas Well Development Site
Plan has been approved, an Operator must obtain approval for a Gas Well
Development Site Plan under these regulations before any additional wells
may be permitted on the site, except as provided in Section
35.5.10.4.A. Lb.
b. In order to satisfy the setback requirements of Section 35.5.10.2, an
Operator must use the procedures for approval of a Gas Well
Development Site Plan set forth in subsections A.2, A.3 or A.4 of this
Section.
C. Once a Gas Well Development Site Plan has been approved, Drilling and
Production Site Setback requirements will not apply to individual Gas
Well Permit applications authorized by the approved Gas Well
Development Site Plan. No variance or waiver from the setback for the
Drilling and Production Site shall be required for subsequent wells.
d. A new Gas Well Permit must be obtained for each well authorized by an
approved Gas Well Development Site Plan.
e. Once a Gas Well Development Site Plan has been approved for an
Existing Drilling and Production Site shown on a gas well development
plat, such plat shall have no further force and effect with respect to that
Drilling and Production Site.
2. Procedures f_o.. r Drlizg lma....'mdt,iction Sties that wMeet Sctl aj mmc tjl, ts.
For a New or Existing Drilling and Production Site that meets the setback
requirements in Section 35.5.10.2, an Operator may apply for a Gas Well
Development Site Plan pursuant to Section 35.5.10.4.
1 ProcedLires for 1 rilli�N g nd t'rodtictjoti Sites That Do Not Meet S,c,tl�ack
Requirements.
For a New or Existing Drilling and Production Site that does not meet the setback
requirements in Section 35.5.10.2, the Operator may seek a waiver from 100% of
the owners of Protected Uses and the owners of lots in Residential Subdivisions
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within the Drilling and Production Site Setback pursuant to Section 35.5.10.6.A.
In the alternative, the Operator may apply for a variance from the setback
requirement from the Board of Adjustment pursuant to Section 35.5.10.6.B. In
the alternative, for qualified Drilling and Production Sites, the Operator may
obtain a reduction in the site setback using incentive procedures in Section
35.5.10.6.C. The Minimum Setback requirements under Section 35.5.10.2 shall
apply. The notice provisions of Section 35.22.7.B apply to proceedings under this
subsection. Once a setback has been reduced through waivers or variance
procedures, the Operator may apply for a Gas Well Development Site Plan
pursuant to Section 35.5.10.4.
4. Special Procedures for Setbacks in PD and MPC Districts.
a. The Operator and the surface owner of land in a PD or MPC District may
present a unified plan that assures the compatibility of surface
development and Gas Well Development of the property, taking into
consideration setbacks from Protected Uses and Residential Subdivisions,
traffic circulation and access, fire safety and emergency response, noise
and light mitigation and other factors necessary to achieve compatibility of
land uses. The plan may establish different Drilling and Production Site
and Reverse Setbacks that vary from those prescribed in section 35.5.10.2.
The plan if approved by the City Council shall be incorporated into the
zoning district regulations.
b. Where the Drilling and Production Site and Reverse Setbacks for Existing
Sites within a PD or MPC district are less than the minimums set forth in
Section 35.5.10.2, no amendments to the zoning district regulations for
surface development or gas well development shall be approved by the
City Council unless the setbacks are conformed to the requirements of this
Section or a compatibility plan is presented and approved pursuant to
subsection 4.a.
B. Sequence of Gas Well Permits
The Operator must comply with all rules and regulations of the Fire Code and all other
law, rules and regulations applicable to gas well operations, including, but not limited to,
the following provisions. No 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 Gas Well Development Site Plan pursuant to Section 35.5.10.4, for
new sites. Upon approval of a Gas Well Development Site Plan, the Operator
may commence construction of a Drilling and Production Site. No disturbance of
the land is allowed until a Gas Well Development Site Plan is obtained.
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2. The Operator shall obtain a Gas Well Permit for each new gas well on such site
pursuant to the application requirements and standards of Section 35.5.10.5.
1 Approval of a Temporary Above - Ground Storage Tank Permit from the Denton
Fire Department.
4. Approval of Gas Well Operational Permit from the Denton Fire Department.
5. When all approvals contained in Sections 1 - 4 above have been obtained,
applicant may commence Initial Drilling Activities.
6. Approval of a Flammable and Combustible Liquids Construction Permit from the
Denton Fire Department.
7. Approval of a Flammable and Combustible Liquids Operational Permit from the
Denton Fire Department.
8. When all approvals contained in Sections 1 - 7 above have been obtained,
applicant may commence Completion Operations and Production Activities.
9. Approval of an Open Flame Operational Permit from the Denton Fire Department
for flaring activities during any stage of operation.
10. New Drilling or Production Activities on an existing Drilling and Production Site
that is subject to an approved Watershed Permit, or on sites which required a
Watershed Permit under prior regulations, but for which site no Watershed Permit
was issued, are subject to the requirements of Section 35.22.9.D.
11. The applications for any authorization for gas well drilling and production listed
in this Subsection B must be submitted and approved 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 approved.
C. Applications for gas well drilling and production shall expire ,under the following
circumstances:
A Specific Use Permit which was approved under prior gas well regulations
expires according to its terms, or pursuant to DDC, Section 35.6.6.
2, A Watershed Protection Permit, if applicable, expires with the expiration of a Gas
Well Development Site Plan.
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3. A Gas Well Development Site Plan for a new Drilling and Production Site 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, or no drilling and production
activities have occurred on the Drilling and Production Site for a period of three
(3) years. A Gas Well Development Site Plan for an Existing Site does not
expire, unless no drilling and production activities have occurred on the site for a
period of two (2) years after all wells on the site have been plugged and
abandoned.
4. A Gas Well Permit expires if Initial Drilling Activities have not commenced
within one (1) year of the date of approval of the Gas Well Permit.
5. Following expiration of an approved application for gas well drilling and
production, a new application must be submitted.
D. 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, DDC or
any other government agency.
E. Legal Non - Conformity; Exceptions
1. Non - conformities. The provisions of Subchapter 11 ( "Nonconforming Uses ") are
applicable to gas well drilling and production activities, except as provided
hereinafter.
a. For purposes of Subchapter 11, the drilling of a new gas well and
associated Production Activities do not constitute an existing lawful use.
b. The amendment of the permitted use tables and limitations in Section 35.5
to provide for gas well Drilling and Production Activities shall not render
non - conforming any Workover Operations, Drilling Activities or
Production Activities for an existing well conducted on an Existing
Drilling and Production Site, if such activities were authorized under a gas
well permit that was approved by the Gas Well Administrator pursuant to
gas well regulations in effect prior to the effective date of this amendatory
ordinance.
C. The adoption of this amendatory ordinance or the application of such
regulations to an Existing Drilling and Production Site shall not render
non - conforming any Workover Operations, Drilling Activities or
Production Activities for an existing well on such site, if such activities
were authorized under a gas well permit that was approved by the Gas
Well Administrator prior to the effective date of this amendatory
ordinance.
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2. General exceptions. The standards or procedures implemented by this
amendatory ordinance shall not affect the processing and approval or disapproval
of an application for a gas well permit that was pending for decision on the
effective date of this amendatory ordinance, or any subsequent permit
applications for the same gas well, or for a gas well for which a gas well permit
was approved prior to the effective date of this amendatory ordinance, except to
the extent necessary to give effect to this subsection E. For purposes of this
subsection E.2, an amended Gas Well Development Site Plan application is not a
subsequent permit application.
3. Authorizations or applications excepted under subsection 2 are subject to all gas
well drilling and production standards in effect immediately prior to the effective
date of this amendatory ordinance.
4, To the extent that any exception provided under subsection E.2 is dependent on an
application pending on the effective date of an amendatory ordinance, such
application must have been approved subsequently in order for the exception to
apply.
5. City shall, prior to annexation, provide notice of the City's intent to annex to each
Operator affected by the annexation. Every Operator of a Drilling and Production
Site that has been annexed into the City shall register the Drilling and Production
Site not later than three (3) days after the effective date of the annexation by
contacting the Gas Well Administrator to ensure that gas well development plats
and gas well locations are on file with the City. If they are not, the Operator shall
provide the City with a copy of a gas well development plat and gas well location
information.
F. General Application Standard. In additional to any other remedies available at law or in
equity, the City may initiate proceedings to revoke any site plan, permit, variance or
special exception approved pursuant to this Section 35.5.10 upon discovery that the
applicant supplied false, fraudulent or misleading information that was material to
approval of the application under the standards applicable to the permit, variance or
special exception. All site plan or permit applications or requests for relief to the Board
of Adjustment or requests for waivers shall be verified.
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35.5.10.4. Gas Well Development Site Plans
A. Gas Well Development Site Plan
1. Applicability.
a. A Gas Well Development Site Plan approved under this amendatory
ordinance is required to authorize multiple gas wells on a Drilling and
Production Site and must be approved prior to issuance of any Gas Well
Permit for any new well on the site.
b. Notwithstanding subsection A, new wells identified on an approved
Existing Gas Well Development Site Plan may be permitted in accordance
with the gas well ordinance regulations in effect immediately prior to the
effective date of this amendatory ordinance.
C. A gas well development plat is not an Existing Gas Well Development
Site Plan.
d. A Gas Well Development Site Plan is not required to authorize Workover
Operations, Drilling Activities or Production Activities for an existing gas
well for which a gas well permit was issued prior to the effective date of
this amendatory ordinance.
2. Application Requirements.
a. A cover page that includes a vicinity map of the Drilling and Production
Site; a Sheet Index that identifies the number of Exhibits with titles for
each (exhibit titles shall begin with the word `Exhibit' and include the
respective letter); the Project Title; the date of preparation; the preparer,
Operator, and property owner's names; space for the City project number;
and a signature block for both the Gas Well Administrator and the City
Secretary.
b. A mapping exhibit with an accurate legal description of the Drilling and
Production Site that was prepared and certified by a Registered
Professional Land Surveyor of the State of Texas. Provide closure sheet of
bearings and distances used in legal description. The exhibit shall include
exact location, dimension, and description of all existing public, proposed,
or private easements, and public rights -of -way within the lease area,
intersecting or contiguous with its boundary, or forming such boundary.
Describe and locate all permanent survey monuments, pins, and control
points and tie and reference the survey corners to the Texas State Plane
Coordinate System North Central Zone 1983 -1999 datum. Provide
proposed pipeline route —note that a separate application may be
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necessary if the proposed route encroaches onto any public easement,
right -of -way or land owned by the City of Denton.
C, The maximum size of a proposed Drilling and Production Site shall be 3
acres, unless the Operator can demonstrate to the City at the time of filing
of a Gas Well Development Site Plan application that (i) the surface
owner(s) has agreed to a larger site via a written agreement that will be
recorded by the Operator in the Denton County records, (ii) the surface
owner is subject to a covenant in a written instrument, or memorandum
thereof, recorded prior to August 4, 2015, that authorizes a larger site, or
(iii) the Operator can demonstrate that a larger site is needed to
accommodate the planned gas well operations based upon the acreage that
the Operator presently has under the mineral lease; provided that no new
Drilling and Production Site authorized under (i), (ii) or (iii) may exceed
seven (7) acres, unless authorized by the Board of Adjustment. For a Gas
Well existing on the effective date of this amendatory ordinance, evidence
that the current Drilling and Production Site is greater than the maximum
size shall be sufficient proof to demonstrate that a larger site is needed to
accommodate the planned gas well operations proposed by the Gas Well
Development Site Plan. A gas well development plat is neither a written
agreement nor a written instrument or memorandum within the meaning of
this subsection.
d. A map showing the distance from the boundaries of the Drilling and
Production Site from all Protected Uses and Residential Subdivisions. If
the separation distance(s) from Protected Uses and Residential
Subdivisions do not meet the setback requirements of Section 35.5.10.2,
the application also must include a copy of the waivers approved pursuant
to Section 35.5.10.6.A, or the approval of a setback variance approved by
the Board of Adjustment pursuant to Section 35.5.10.6.B. If the Operator
seeks to qualify the proposed Drilling and Production Site for an
administrative waiver pursuant to Section 35.5.10.6.C, the information
therein required shall be submitted with the application for site plan
approval.
e. A site plan of the Drilling and Production Site, capable of being recorded,
showing clear site boundary lines and the location of all on -site
improvements and equipment, including: tanks, pipelines, compressors,
separators, and other appurtenances in relation to the boundaries of the
site.
f. A legal description of the proposed Drilling and Production Site.
g. An Erosion and Sediment Control Plan. Such exhibit must include contact
information, a physical site description including: land uses; general
vegetation and surface water in near proximity; topography /contour lines
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both pre- and post- construction; hydrologic analysis including: stormwater
directional flow, outfalls, water well related structures and water sources;
receiving waters; soils; project narrative with general timeline; well pad
site plan including: fueling areas, waste disposal containers, hazardous
materials storage, and product and condensate storage tanks, soil
stabilization and erosion control measures including: list of selected
stormwater measures, site map of selected stormwater measures, locations
and final stabilization plans; solid waste management plan, septic /portolet
location; and maintenance plan for stormwater controls including schedule
and transfer of ownership provision. See Gas Well Erosion and Sediment
Control Plan Guidance Document for details.
h. An Access and Transportation Plan identifying the points of access and
routes to be followed on the road network supporting gas well
development on the Drilling and Production Site over time, and the
internal circulation plan for the property containing the proposed site,
including provisions to protect vehicle access to Neighborhood Streets.
The Plan shall contain specifications for construction of the access road(s)
and on -site fire lanes that meet the standards for emergency access set
forth in Section 35.22.2.E. A map showing transportation route and road
for equipment, supplies, chemicals, or waste products used or produced by
the gas well operation shall be included. The map shall illustrate the
length of all public roads that will be used for site ingress and egress The
water source proposed for both the drilling and fracturing stages shall be
identified in the Plan, together with a designation whether the water is to
be hauled or piped to the site.
A Landscape Plan. The project review planner will determine if a buffer is
required based on the adjacent land use(s). If the planner determines a
buffer is required, then a landscape plan must be submitted in accordance
with the City of Denton's Landscape Plan Checklist. Not every Drilling
and Production Site requires a landscape plan.
j. A Tree Inventory and Preservation and Mitigation Plan. For sites with
trees, a Tree Inventory and a Preservation Plan and Mitigation Plan
pursuant to DDC, Section 35.13.7 will be submitted.
k. A copy of any prior approvals required, including conditions imposed,
such as a Special Use Permit (SUP) or Watershed Protection Permit;
A Noise Management Plan, prepared in accordance with Section
35.22.2.F.2; and
M. Proof of issuance of Notice of Activities pursuant to Section 35.22.7.a.1,
3. Procedures and Criteria.
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a. Processing of application. An application for a Gas Well Development
Site Plan shall be processed in accordance with the requirements of
Section 35.16.19 of the DDC, and shall be decided by the Gas Well
Administrator.
b. Criteria. The Gas Well Administrator shall approve the application if it
meets the following standards:
The site meets the setback requirements of Section 35.5.10.2, a
waiver has been granted or a variance from such standards has
been approved by the Board of Adjustment or the Gas Well
Administrator.
ii. The application is consistent with any applicable SUP, MPC or PD
site specific authorization, or Watershed Protection Permit and any
conditions incorporated therein.
iii. The application meets applicable requirements of section 35.22.2.
iv. The size of the Drilling and Production Site can accommodate the
number of wells proposed.
V. The site is adequately served by a road network, does not take
access from any Neighborhood Street, and road remediation fees
have been paid.
vi. Notice of the application has been posted pursuant to Section
35.22.7.
C. Conditions. The Gas Well Administrator may impose conditions that
assure compliance with the terms of the prior approvals or standards of
this Subchapter.
4. Effect. The approval of a Gas Well Development Site Plan authorizes the
Operator to apply for a Gas Well Permit for each well authorized by the Site Plan
and other permits required before commencement of Drilling Activities on the
Drilling and Production Site.
5, Recordation. An approved Gas Well Development Site Plan must be recorded by
the Operator in the Denton County Records prior to the issuance of a Gas Well
Permit.
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B. Amended Gas Well Site Plan
If the Operator proposes to do any of the following, an Amended Gas Well
Development Site Plan shall be required. The applications shall be reviewed and
decided in the same manner as the original application.
a. Relocate the boundaries of the Drilling and Production Site.
b. Expand the boundaries of the Drilling and Production Site.
Change the layout of the structures or appurtenances within the boundaries
of the approved Drilling and Production Site.
d. Change the access road(s) or the location of the access road(s).
2. The application shall be reviewed and decided in the same manner as the original
application for the Drilling and Production Site.
3. The setback requirements of Section 35.5.10.2 shall apply to activities described
in Sections B.1.a and B.1.b above.
4. An approved Amended Gas Well Development Site Plan shall be recorded as
required by Section A.5 above.
C. Expiration and Extension of Gas Well Development Site Plans
1. A Gas Well Development Site Plan for a new Drilling and Production Site 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, or no drilling and production
activities have occurred on the Site for a period of three (3) years.
2. A Gas Well Development Site Plan for an Existing Site does not expire, unless no
drilling and production activities have occurred on the site for a period of two (2)
years after all wells on the site have been plugged and abandoned.
3. An Operator may seek a special exception from the Board of Adjustment pursuant
to Section 35.5.10.6.13 for a one -year extension of the expiration date for a Gas
Well Development Site Plan for a new Drilling and Production Site.
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35.5.10.5. - Gas Well Permits
A. Applicability and Exceptions
Any person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall not engage in Initial Drilling Activities
within the corporate limits of the City without first obtaining a Gas Well Permit.
2, A Gas Well Permit shall be required for each well. No Gas Well Permit shall be
issued for multiple wells.
A Gas Well Permit shall not be required for exploration for gas. Exploration of
gas means geologic or geophysical activities, including, but not limited to
surveying and seismic exploration not involving explosive charges, related to the
search for oil, gas, or other sub - surface hydrocarbons. A seismic permit is
required for impact -based exploration.
4. A Gas Well Permit shall constitute authority for Initial Drilling Activities,
Completion Operations, Production Operations, Workover Operations and
Redrilling with proper notice pursuant to Section 35.22.7.
5. By acceptance of any Gas Well Permit issued pursuant to this section, the
Operator expressly stipulates and agrees to be bound by and comply with the
provisions of Section 35.5.10 and Chapter 35.22 of the Denton Development
Code. The terms of such provisions shall be deemed to be incorporated in any Gas
Well Permit issued pursuant to this section with the same force and effect as if
such gas well development regulations were set forth verbatim in such Gas Well
Permit.
6, A Gas Well Permit is not required to authorize Workover Operations, Drilling
Activities or Production Activities for an existing well conducted on an Existing
Site, if such activities were authorized under a gas well permit approved by the
Gas Well Administrator pursuant to gas well regulations in effect prior to the
effective date of this amendatory ordinance; provided that nuisance and sound
mitigation requirements under Section 35.21.1 and F.2 and notice requirements
under Section 35.22.7.0 shall apply to such activities. An Operator is not relieved
from the obligation to obtain additional Fire Code permits for such activities.
B. Application Requirements
Applications for Gas Well Permits shall include the following:
a. File marked copy of recorded Gas Well Site Development Plan;
b. A completed application and permit form provided by the City that is
signed by the applicant;
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C. The application fee;
d. Upon completion of construction of the Drilling and Production Site, a
copy of the As -built Gas Well Development Site Plan;
e. A copy of the permit issued by the RRC and corresponding API number;
f. Well and Operator information;
g. Description of work to be performed;
h. Anticipated start date;
i. Water source to be used for Completion Operations;
j. Verification that notices were provided in accordance with Section
35.22.7.13; and
k. Proof of insurance and security.
C. Procedures and Criteria.
1. Filing of application. All applications for Gas Well Permits shall be filed with the
Department. Incomplete applications shall be returned to the applicant, in which
case the City shall provide a written explanation of the deficiencies. 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 identity or authority of the Operator for the gas well.
2. Criteria. The Gas Well Administrator shall approve the application if it meets the
following standards:
a. The application is consistent with the approved Gas Well Development
Site Plan and any conditions incorporated therein.
b. The application meets applicable standards of Section 35.22.2.
C. The application is in conformance with the insurance and security
requirements set forth in Section 35.22.3 and Section 35.22.4.
3. Conditions. The Gas Well Administrator shall not approve a Gas Well Permit
until after the Operator has provided:
a. The security and insurance required by Subsections 35.22.3 and 35.22.4;
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b. Payment of the required Road Damage Remediation Fee that will obligate
the Operator to repair damage excluding ordinary wear and tear, if any, to
public streets, including but not limited to, damage to bridges caused by
the Operator or by the Operator's employees, agents, contractors,
subcontractors or representatives in the performance of any activity
authorized by or contemplated by the approved Gas Well Permit.
4. An Operator may obtain a conditional Gas Well Permit contingent upon the
submittal of an As -Built Gas Well Development Site Plan that conforms to the
approved Gas Well Development Site Plan. The Gas Well Administrator shall
review the As -Built submittal within three (3) business days. Upon the written
determination of the Gas Well Administrator that the As -Built Gas Well
Development Site Plan conforms to the legal description as approved in the Gas
Well Development Site Plan, the Operator may commence Drilling Activities.
5, Contents of Permit. Each Gas Well Permit issued by the Gas Well Administrator
shall:
a. Identify the name of each well and its Operator;
b. Specify the date on which the Gas Well Administrator issued each Permit;
C. Specify the Permit expiration date;
d. Specify that if drilling is commenced before the Permit expires, the Permit
shall continue until the well covered by the Permit is abandoned and the
site restored;
e. Incorporate, by reference, the insurance and security requirements set
forth in Subsection 35.22.3 and Subsection 35.22.4;
£ Incorporate, by reference, the requirement for periodic reports set forth in
Subsection 35.22.6 and for Notice of Activities set forth in Subsection
35.22.7;
g. Incorporate the full text of the release of liability provisions set forth in
Subsection 35.22.3.A.1;
h. Incorporate, by reference, the conditions of the applicable Watershed
Protection Permit to which the Gas Well Permit is subject;
Incorporate, by reference, the information contained in the Permit
application;
j. Include the statement that all Drilling and Production Activities are subject
to the applicable rules and regulations of the RRC, including the
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applicable "Field Rules ", TCEQ and United States Army Corps of
Engineers;
k. Contain the name, address, and phone number of the person designated to
receive notices from the City;
1. Contain the name, address and phone number of the person designated to
receive service of process from the City, which person shall be a resident
of Texas that can be served in person or by registered or certified mail;
M. Incorporate the well's RRC permit number and the American Petroleum
Institute (API) number;
n. Incorporate, by reference all other applicable provisions set forth in the
DDC;
o. Contain a notarized statement signed by the Operator, or designee, that the
information is, to the best knowledge and belief of the Operator or
designee, true and correct;
P. Contain a statement that the Operator acknowledges and voluntarily
consents to be inspected by the City to ensure compliance with this
Subchapter, Subchapter 22, and applicable provisions of the DDC, and the
City Code; and
q. If the Drilling and Production Site has not been constructed, an As -Built
Gas Well Development Site Plan must be approved prior to
commencement of Drilling Activities.
6. Denial of Permit
a. The decision of the Gas Well Administrator to deny an application for a
Gas Well Permit shall be provided to the Operator in writing within ten
(10) days after the decision, including an explanation of the basis for the
decision.
b. If an application for a Gas Well Permit is denied by the Gas Well
Administrator, nothing herein contained shall prevent a new Gas Well
Permit application from being re- submitted.
D. Expiration of Gas Well Permit.
1. A Gas Well Permit is valid for a period of one (1) year and shall automatically
expire, unless Initial Drilling Activities have commenced prior to such date.
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1 If a Gas Well Permit has been issued by the City but Initial Drilling Activities
have not commenced prior to the expiration date of the Permit, the Permit shall
not be extended unless a special exception has been approved by the Board of
Adjustment pursuant to Section 35.5.10.6; however, the Operator may reapply for
a new Permit, as long as the Gas Well Development Site Plan remains in effect.
E. Transfer of Gas Well Permit.
A Gas Well Permit may be transferred by the Operator with the written consent of the
City if the transfer is in writing signed by both parties, if the transferee agrees to be
bound by the terms and conditions of the transferred Permit, if all information previously
provided to the City as part of the application for the transferred Permit is updated to
reflect any changes, and if the transferee provides the insurance and security required by
Section 35.22.3 and Section 35.22.4. The insurance and security provided by the
transferor shall be released if a copy of the written transfer is provided to the City and all
other requirements provided in this subsection are satisfied. The transfer shall not relieve
the transferor from any liability to the City arising out of any activities conducted prior to
the transfer.
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35.5.10.6. — Relief Measures.
A. Waiver Procedures for Setback Reductions
Property Owner Waivers for Drilling and Production Sites. An Operator may
obtain a reduction in the Drilling and Production Site Setback requirements of
Section 35.5.10.2 by procuring written, notarized waivers from 100% of the
owners of Protected Uses and the owners of lots in Residential subdivisions that
are within the required setback.
a. Property owner waivers must be in a format approved by the City and
shall include an aerial exhibit attached clearly depicting the boundaries
of the proposed Drilling and Production Site where well development
could occur and the closest dimension to each Protected Use and each
lot in the Residential Subdivision for which the waiver is being
requested. Signatures are required on both the form and exhibit.
b. Written notarized waivers granted by all the property owners within the
prescribed setback distance from a Drilling and Production Site must be
filed, at the expense of the Operator, in the Denton County records. All
waivers must identify the property address, block and lot number,
subdivision name and plat volume and page number. Copies of filed
property owner waivers must be submitted with the filing of a complete
application for a Gas Well Development Site Plan.
C. If the Operator fails to obtain written waivers from all property owners
within the prescribed Drilling and Production Site Setback, the Operator
may submit a request for a variance to the Board of Adjustment pursuant
to subsection 35.10.63, or a request for an administrative variance,
pursuant to subsection 35.10.6.C.
2. Effect of Surface Development on Drilling and Production Site Setback
Waivers.
After the effective date of this amendatory ordinance, when a property owner
constructs a Protected Use or develops a Residential Subdivision within the
Drilling and Production Site Setback for an Existing Site prescribed by Section
35.5.10.2.C, such property owner shall be deemed to have granted the Operator
a waiver in satisfaction of subsection (1) requirements for that property
containing the Protected Use or constituting the Residential Subdivision. This
waiver shall apply to all successor property owners. This does not relieve an
Operator from obtaining waiver(s) from all other property owners located within
the Drilling and Production Site Setback for the Existing Site.
3. The notice provisions of Section 35.22.7.B apply to procedures under this Section
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B. Board of Adjustment Proceedings
1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or
determinations made by the Gas Well Administrator relative to the application
and interpretation of this Section 35.5.10, except for vested rights appeals and
matters described in Section 35.22.8.F; furthermore, the Board of Adjustment
shall hear and decide requests for variances to the provisions of this Section
35.5.10 under the relevant criteria set forth below. The Board may also grant
special exceptions extending the expiration date of a Gas Well Development Site
Plan or a Gas Well Permit for a period not to exceed one (1) year. Any Operator
or surface owner who desires to appeal the decision of the Gas Well
Administrator, request a variance or request a special exception may file the
appeal or request to the Board of Adjustment pursuant to Section 35.3.6 of the
DDC. Appeal fees shall be required for every appeal variance or special
exception request. For purposes of this Section, the Gas Well Administrator has
designated authority from the Director of Planning to make final orders, decisions
or determinations.
a. Standard of review for appeals. The members of the Board of Adjustment
shall have and exercise the authority to hear and determine appeals where
it is alleged there is error or abuse of discretion regarding the approval or
denial of a Gas Well Development Site Plan or Gas Well Permit. The
Board of Adjustment may reverse or affirm, in whole or in part, or modify
the Gas Well Administrator's order, requirement, decision or
determination from which an appeal is taken.
b. General criteria for review of variances. In deciding requests for
variances, the Board of Adjustment shall consider, where applicable, the
following relevant criteria:
i. Whether there are special circumstances existing on the property
on which the application is made related to size, shape, area,
topography, surrounding conditions and location that do not apply
generally to other property in the vicinity;
ii. Whether a variance is necessary to permit the applicant the same
rights in the use of his property that are presently enjoyed by other
similarly situated properties, but which rights are denied to the
property on which the application is made;
iii. Whether the granting of the variance on the specific property will
adversely affect any other feature of the comprehensive master
plan of the City;
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iv. Whether the variance, if granted, will be of no material detriment
to the public welfare or injury to the use, enjoyment, or value of
property in the vicinity;
V. Whether the operations proposed are reasonable under the
circumstances and conditions prevailing in the vicinity considering
the particular location and the character of the improvements
located there; and
vi. Whether the operations proposed are consistent with the health,
safety and welfare of the public when and if conducted in
accordance with the Gas Well Development Site Plan or Gas Well
Permit conditions to be imposed.
2. Standard of review for setback variances.
a. In deciding requests for variances to Drilling and Production Site
Setbacks, the Board of Adjustment shall consider, where applicable and in
addition to the general criteria stated in subsection (b), the following
relevant criteria:
i. Whether there is reasonable access for City fire personnel and
firefighting equipment, including the ability to safely evacuate
potentially affected residents.
The extent to which the Operator and the surface owner(s) are in
agreement on a plan for development of the property, have
provided for adequate access and traffic circulation, and taken
measures to promote compatibility of gas well development and
other surface development of the property.
iii. For a request by an Operator to reduce Drilling and Production Site
Setbacks, whether the impact upon adjacent property and the
general public from gas well development under the requested
setback will be substantially increased, considering:
(a) The reasonable use of the mineral estate by the mineral
estate owner(s) to explore, develop, and produce the
minerals;
(b) The availability of alternative drilling sites; and
(c) The number of owners of Protected Uses or lots in a
Residential Subdivision who are willing to waive the
Drilling and Production Site Setback as requested or in
modified form.
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b. In deciding the request for a variance to setback requirements, the Board
may approve the request as granted, modify the request or deny the
request. In granting a variance for reduction of a Drilling and Production
Site Setback, the Board may impose such conditions as are necessary to
mitigate the impacts of the reduced setbacks and to preserve the public
health and safety, including but not limited to, the enhanced mitigation
standards contained in Section 35.22.2.G.
C. In no event shall the Board of Adjustment reduce the Minimum Setbacks
set forth in Section 35.5.10.2.
3, The Board of Adjustment shall determine whether to grant an extension of the
expiration for a Gas Well Development Site Plan or Gas Well Permit based upon
whether there are circumstances reasonably beyond the control of the Operator,
including any delay on the part of the City in issuing subsequent permits, that
justify an extension of the Site Plan or Permits, in order that the Operator may
enjoy the same rights in the use of the property that are presently enjoyed by other
similarly situated properties, but which rights are denied to the property for which
the Site Plan or Permits have expired or are suspended.
4. Any action under this subsection B shall require a three - fourths majority vote of
the entire Board of Adjustment.
5. Any Operator or other person aggrieved by any decision of the Board of
Adjustment may present to a court of record a petition, duly verified, stating that
such decision is illegal, in whole or in part, and specifying the grounds of the
alleged illegality. Such petition shall be presented within ten (10) days after the
date on which the decision of the Board of Adjustment was rendered and not
thereafter, and judicial review of the petition shall be pursuant to Texas Local
Government Code, § 211.011, as amended.
C. Administrative Variance Procedures
An Operator may request an administrative variance to the Drilling and Production Site
Setback requirements of Section 35.5.10.2 for a New or Existing Site from the Gas Well
Administrator under the following circumstances:
1. The Operator has at least one Existing Site on the property under mineral lease for
the property or for contiguous leased property;
2. Such Existing Site(s) is located closer to Protected Uses or Residential
Subdivisions than is the proposed Drilling and Production Site to such uses; and
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3. The Operator agrees in a written instrument capable of recording to limit gas well
development on such Existing Site(s) to existing Gas Well Drilling and
Production Activities.
For each Existing Site so restricted, the Gas Well Administrator may reduce the Drilling
and Production Site Setback by an amount calculated as follows: 50% of the difference
between the Drilling and Production Site Setback and the Minimum Setback. As a
condition of granting the administrative variance, the Gas Well Administrator shall
require that the Operator's written agreement be recorded in the Denton County records
at the Operator's expense.
D. Vested Rights Appeals
Any person who claims that he has obtained a vested right pursuant to Texas Local
Government Code, Chapter 245 or other applicable vesting law under prior gas well
development regulations from the requirements of Subchapters 5 or 22 as they pertain to
gas well development, may request a determination pursuant to Section 35.3.8 of the
DDC. For proposed gas wells to be located inside the City limits, the petitioner shall
include a statement of the reasons why the regulations contained in Subchapters 5 or 22
as they pertain to Gas Well Development are not exempt pursuant to Tex. Loc. Gov't
Code section 245.004.
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EXHIBIT 663"
Lots, Access and Common Areas
Amend Subchapter 35.16.7. Lots, Access and Common Areas as follows:
A. Amend the catchline for Subchapter 35.16.7, which currently reads as, "Lots, Access and
Common Areas. ", to read as follows:
"Lots, Access, Common Areas and Gas Well Notification Disclosure."
B. Amend Section 35.16.7, Lots, Access and Common Areas, to include new Sections
35.16.7.E. and 35.16.7.F., which shall read as follows:
E, Gas Well Notification Disclosure. A Plat that proposes single- or multi - family
residential lots that will be within 1,000 feet of one or more Drilling and
Production Sites, except for those Drilling and Production Sites and their
subsurface mineral interests which are eliminated through plugging and
abandonment, the Developer shall be required to provide all of the following
disclosure notifications to all lot purchasers:
1. A note shall be placed on the Plat identifying the Drilling and Production
Site(s) and those proposed lots that are within 1,000 feet of the Drilling
and Production Site(s). Said note shall also include a statement that
advises lot purchasers of the existence of producing wells on the Drilling
and Production Site(s), the possibility of new wells that may be drilled and
fracture stimulated on the Drilling and Production Site(s), as well as the
possibility that gas wells on the Drilling and Production Site(s) may be re-
drilled and /or re- fracture stimulated in the future.
2. There shall be depicted on the Plat, and on a lot survey submitted as part
of a building permit application, the location of the Drilling and
Production Site(s) in relation to the lots that are within 1,000 feet of a
Drilling and Production Site(s).
3. A provision shall be included in the Declaration of Restrictive Covenants
that advises lot purchasers of the existence of producing wells on the
Drilling and Production Site(s), the possibility that new wells may be
drilled and fracture stimulated on the Drilling and Production Site(s), as
well as the possibility that gas wells on the Drilling and Production Site(s)
may be re- drilled and /or re- fracture stimulated in the future.
4. A Notice document that advises lot purchasers of the existence of
producing wells on the Drilling and Production Site(s), the possibility that
new wells may be drilled and fracture stimulated on the Drilling and
Production Site(s), as well as the possibility that gas wells on the Drilling
and Production Site(s) may be re- drilled and /or re- fracture stimulated in
the future, shall be recorded with the Denton County Clerk's Office.
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The form of the disclosure notifications required in subsections E.3. and EA. shall
be approved by the City Attorney.
F. Drilling and Production Site Access. Truck traffic related to gas well drilling
and production shall not be allowed to use a Plat's Neighborhood Streets to access
a gas well Drilling and Production Site. In addition, no Plat shall be allowed to
eliminate or alter an access road or easement depicted on a Gas Well
Development Plat or Gas Well Development Site Plan, unless written consent of
the gas well Operator is obtained and a separate access road or easement on the
Plat is provided for access to a Drilling and Production Site.
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EXHIBIT' '
Gas Well Drilling and Production
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35.22.1. - Definitions.
For the purpose of this Chapter, certain words and terms shall be defined and interpreted as
follows. Interpretations of meaning shall be made by the Director of Planning and Development
based on the provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be
heard as a Board of Adjustment proceeding in accordance with Subsection 35.3.6.
As -Built Gas Well Development Site Plan. A Gas Well Development Site Plan depicting the
boundaries of the subject Drilling and Production Site as constructed.
Completion Operations. The term used to describe the events and equipment necessary to
bring a wellbore into production once drilling operations have been concluded, including, but not
limited to, well stimulation activities, the assembly of downhole tubular, or installing equipment
in the well to allow a safe and controlled flow of petroleum or hydro carbons from the well. This
definition describes all events performed and equipment used for completion of a well, whether
performed the first time on a well or as subsequent treatments to an existing well.
Compressor. A device that raises the pressure of natural gas.
Contaminant. Any substance capable of contaminating a non - related homogeneous material,
fluid, gas or environment.
Cure Period. The amount of time granted to remedy a violation of this Chapter.
Daytime. The hours between 7 a.m. and 7 p.m. CST on any given day.
Drilling. Term used to typically describe the means by which the earth is bored to create a
pathway to formations containing hydrocarbons to allow for their production to the surface. It
can employ various types of mobilized drilling equipment to create a wellbore while
incorporating drilling fluids to cool the bit, to condition the hole, to remove drilled cuttings and
to maintain an overbalanced pressure gradient against the formation that may contain inherently
pressurized well fluids.
Drilling Activities. Those activities commonly performed at a Drilling and Production Site
necessary or incidental to getting hydrocarbons to market; including but not limited to a well
redrill or any hydraulic refracturing, initial drilling and completion operations, but not including
Production Activities.
Drilling and Production Site. The area dedicated to all authorized above ground gas well
drilling and production activities related to an oil and gas operation on an improved area and
containing all wells, structures, dehydrators, parking areas, security cameras, lighting, tanks, tank
battery (or any other tank grouping area), drilling rigs, separators, lift compressors, perimeter
walls, utilities, and all other features or objects used during and after gas well drilling or
production activities, as depicted on a Gas Well Development Plat or Gas Well Development
Site Plan, but excluding pits, gathering and transmission lines and compressor stations. Drilling
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and Production Site includes the terms gas well park, gas well pad site, pad site, and drilling and
production area.
Drilling and Production Site Setback. The distance that the site must be separated by an
Operator from an existing Protected Use or from a Residential Subdivision.
Existing Drilling and Production Site or Existing Site. A Drilling and Production Site that
was specifically depicted and approved on a Gas Well Development Site Plan, or a gas well
development plat, prior to August 18, 2015, and on which one or more gas wells exist. Where
the boundaries of such site have not been defined by metes and bounds or lot /block description
on an approved gas well development plat, this term describes the improved surface area
incorporating all facilities and appurtenances currently contained on the developed Drilling and
Production Site. An Existing Site also includes a Drilling and Production Site designated in a
MPC or PD District, and approved via a site - specific authorization, whether or not one (1) or
more wells exist on the site, provided that the site - specific authorization includes a metes and
bounds description or a metes and bounds description is provided within 3 months of this
amendatory ordinance.
Existing Gas Well Development Site Plan. A Gas Well Development Site Plan that was
approved by the City after August 4, 2010 that established setback boundaries and identified a
specific number of wells to be constructed on the subject Drilling and Production Site.
Exploration. Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other sub - surface hydrocarbons.
Floodplain. See DDC, Subchapter 23 for definition.
Flood Fringe. See DDC, Subchapter 23 for definition.
Floodway. See DDC, Subchapter 23 for definition.
Flowback. The process of allowing fluids to flow from a well following a treatment, either in
preparation for a subsequent phase of treatment or in preparation for cleanup and returning the
well to production. The flowback period occurs as a stage within Completion Operations.
Freshwater Well. A private water well used by a Protected Use.
Gas. A naturally- occurring gaseous substance, including substances primarily composed of
methane and other light, gaseous hydrocarbons.
Gas Processing Plant. A facility, separate and distinct from a Drilling and Production Site
engaged in the extraction of natural gas liquids from field natural gas, or the fractionation of
mixed natural gas liquids to natural gas products, or a combination of both.
Gas Well. A hole or bore drilled to any horizon, formation, or strata for the purpose of producing
or storing natural gas, or other liquid hydrocarbons.
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Gas Well Administrator. The administrative official designated by the City of Denton that is
responsible for evaluating the impacts of exploration, development, and production of oil and /or
gas wells. Responsibilities include environmentally sensitive areas review, erosion control
inspection, monitoring, and evaluating compliance with federal, state, and local regulations.
Gas Well Development. Any drilling activity or production activity performed on an approved
Drilling and Production Site.
Gas Well Development Site Plan. The initial approval authorizing wells to be drilled at one
Drilling and Production Site that sets the boundaries used for setback measurements and contains
all the information required by this Subchapter.
Gas Well Drilling and Production Activities. (A /K/A drilling and production activity(ies),
drilling and production) As used in this Chapter, gas well drilling and production activities
encompasses all three of the following: Initial Drilling Activities, Completion Operations and
Production Activities.
Gas Well Permit. A written license that is granted by the City of Denton pursuant to Subchapter
35.5.10.5, authorizing Drilling and Production Activities. A Gas Well Permit is required for
each separate well. The term "gas well permit" in lower case letters refers to a permit approved
by the City of Denton under gas well regulations in effect prior to the effective date of this
amendatory ordinance, as the context may indicate, which authorized drilling and production
activities on a gas well existing on such effective date.
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,
public buildings and enclosed buildings used for commercial or industrial purposes. A habitable
structure shall not include accessory buildings, barns, garages and sheds.
Hazardous Materials Management Plan. The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
Hydraulic Fracturing. A well stimulant treatment that involves the process of directing
pressurized fluids containing any combination of water, proppant, and any added chemicals to
penetrate tight formations, such as shale or coal formations, that subsequently require high rate,
extended flowback to expel fracture fluids and solids during completions. Hydraulic Fracturing
occurs as a stage within Completion Operations.
Initial Drilling Activities. The portion of the Drilling Activities that includes the means by
which a portion of the earth is originally bored in order to create a pathway to formations
containing hydrocarbons to allow for their production to the surface.
Lightning Protection System. An integrated system designed to ground metal equipment on a
rig, well pad or at a tank battery location for protection against electrical shock, fire or explosion
due to lightning.
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Liner. In pit construction, a liner is an impervious material, either synthetic or natural, that is
used to line the interior of a pit to prevent pit fluids from leaking or leaching into the
environment.
Minimum Setback. The minimum distance a Drilling and Production Site must be separated by
an Operator from a Protected Use or from a Residential Subdivision after a waiver or variance is
granted to reduce the setback requirement.
New Drilling and Production Site or New Site. A proposed Drilling and Production Site that
is other than an Existing Site.
Operator. The person(s) in charge and in control of drilling, maintaining, operating, pumping, or
controlling any well or pipeline including without limitation, a unit Operator.
Plugging and Abandonment. Includes the plugging of the well, abandoned, orphaned or
otherwise, in accordance with RRC Statewide Rule 3.14 or its successor regulation and
restoration of the Drilling and Production Site as required by the RRC.
Production Activities (A/K/A Production). The phase that occurs after Exploration, Initial
Drilling Activities and Completion Operations and during which time hydrocarbons are stored or
drained from an underground reservoir involving operations performed on a Drilling and
Production Site, excluding those operations and facilities as defined and regulated by the
Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101 - 60137.
Protected Use. Any dwelling, church, public park, public library, hospital, pre - kindergarten,
kindergarten or elementary, middle or high school, public pool, public transit center, senior
center, public recreation center, hotel or motel.
Railroad Commission (RRC). The Railroad Commission of Texas.
Redrill. Any work to an existing well bore or an existing surface hole location after Initial
Drilling Activities that requires a new permit from the Texas Railroad Commission. This
definition includes, but is not limited to, drilling into a new horizon or drilling multiple
directionals from the same surface hole location or using the same vertical wellbore.
Residential Subdivision.. A subdivision designated for residential use for two or more
dwellings.
Reverse Setback. The minimum distance that a Protected Use or Residential Subdivision must
be separated by a surface owner from an approved Drilling and Production Site or from a gas
well within such site.
Site Access Road. The route depicted and approved on the Gas Well Development Site Plan or
Gas Well Development Plat that identifies the ingress and egress point used to access the
Drilling and Production Site from an existing City, County, or State maintained roadway.
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Site Preparation. To ready a Drilling and Protection Site for Initial Drilling Activities by
installing erosion and sediment control practices, performing clearing and grading activities of
the Drilling and Production Site or Site Access Road.
Site - specific Authorization. The prior approval by ordinance of the 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.
Spud. The start of the well drilling process by removing rock, dirt, or other sedimentary
material with the drill bit.
Tank. Any storage vessel that contains an accumulation of crude oil, condensate, intermediate
hydrocarbon liquids, or produced water; is constructed primarily of non - earthen materials (such
as wood, concrete, metal, fiberglass, steel or plastic) which provide structural support; is not
skid - mounted or permanently attached to something that is mobile; and is intended to be located
at the Drilling and Production Site for more than 90 consecutive days.
Well Stimulation. A treatment performed to restore or enhance the productivity of a well by
opening new channels in the rock for the oil and gas to flow through; including, but not limited
to fracturing, hydraulic or otherwise, injection of acid, or the use of charges to break up the rock.
Workover Operation. Work performed on a well after its initial completion to secure
production where there has been none, to restore production that has ceased, or to enhance or
increase production within the zone originally completed or to repair the well. Workover
operations do not include redrills or completion activities.
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35.22.2. - Standards for Gas Well Drilling and Production.
The drilling and production of gas wells within the City limits shall be subject to the
following standards.
A. Prohibited or Restricted Locations, Uses and Activities
1. No gas well Drilling and Production Sites shall be allowed on slopes greater than
ten (10) percent.
2. No Drilling and Production Site shall be located within any of the streets or alleys
of the City or streets or alleys shown by the current Comprehensive Plan of the
City of Denton. No street shall be blocked or encumbered or closed due to any
exploration, drilling, or production activities unless prior consent is obtained from
the City Manager, and then only temporarily.
I Nothing in this Section is intended to prevent an Operator from drilling
directionally to reach a target or bottom hole that is located beneath a prohibited
or restricted site. Gas wells may have a target location or bottom -hole location
that is under the floodway, an ESA or within one thousand two hundred (1,200)
feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville when the
gas well is drilled directionally from a location outside such areas.
4. No refining process, or any process for the extraction of products from gas, shall
be carried on at a Drilling and Production Site, except that a dehydrator and
separator, in accordance with federal and /or state law, may be maintained on a
Drilling and Production Site for the separation of liquids from gas. Any such
dehydrator or separator may serve more than one well. Gas Processing Facilities
shall require a Specific Use Permit.
5. No person shall place, deposit, or discharge (or cause or allow to be placed,
deposited, or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt,
tar, hydrocarbon substance, or any refuse, including wastewater or brine, from
any gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any public right -of -way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private property within the
corporate limits of the City of Denton.
6, No Operator shall excavate or construct any lines for the conveyance of fuel,
water, or minerals on, under, or through the streets or alleys or other land of the
City without an easement or right -of -way license from the City, at a price to be
agreed upon, and then only in strict compliance with this Subchapter, with other
ordinances of the City, and with the specifications established by the Engineering
Department.
7. The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other
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materials is prohibited. Construction activities or deposition of any materials or
objects creating an obstruction within public rights -of -way or easements are
prohibited unless the Operator has first obtained written approval from the
Engineering Department and, if applicable, has filed a right -of -way use
agreement, and then only if in compliance with specifications established by the
Department.
B. Site Layout, Design and Compatibility Requirements. The following requirements
apply only within City limits.
Entrance Gate. An entrance gate to the Drilling and Production Site shall be
required and a sign identifying the entrance to the Drilling and Production Site or
operation site shall be light reflective.
2. Fencing, Screening and Landscaping.
a. Fencing, buffering, landscaping and screening shall be required on
Drilling and Production Sites. All required fencing, landscaping,
buffering and screening must be installed in accordance with the approved
Landscape Plan within one - hundred and eighty (180) days after initial
drilling of the first approved well. Landscaping and screening shall also
be required for Compressors. Landscaping and screening shall comply
with the same requirements for Drilling and Production Sites as set forth
in this Subchapter and in the DDC. Should the Operator decide to fence in
gathering and transmission lines or compressor stations, or both, Operator
shall install the fencing in accordance with Subchapter 13 of the DDC.
b. All Drilling and Production Sites in Residential Districts shall be screened
with an opaque decorative masonry fence that shall be no less than eight
(8) feet in height.
(i) In lieu of this requirement, an alternative fence that is compatible
with the area surrounding the Drilling and Production Site may be
approved by the Director of Planning and Development.
(ii) Required fencing must be located within three hundred (300) feet
of all equipment necessitating fencing requirements under this
Subchapter.
C. Fencing in all other districts shall be screened with a fence at least eight
(8) feet in height that is compatible with the area surrounding the Drilling
and Production Site. Required fencing must be located within three
hundred (300) feet of all equipment necessitating fencing requirements
under this Subchapter.
Signage.
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a. A sign shall be immediately and prominently displayed on each side of the
fence that surrounds the Drilling and Production Site. Such sign shall be
made of durable material and shall be maintained in good condition. The
sign shall have a surface area of not less than 2 1/2 by 2 1/2 feet or more than
4 by 4 feet and shall be lettered in minimum 4 -inch lettering and shall
include the following information:
"TI-11S IS A GAS WE1�1,. DIZ11.1.ING AND P OI )CTION SITE. THIS
SITE MAY._._....._�...... „ _ �
BE THE SUBJECT OF FURTHER DRILLING AND
PRODUCTION AND /OR HYDRAULIC FRACTURING."
K Additional signs shall be posted on each Drilling and Production Site
which contain the following information:
i. The Well Identification Number(s), American Petroleum Institute
well number(s) and any other well designation(s) required by the
RRC;
ii. Name of Operator;
iii. Operator's telephone number which will be answered 24 hours a
day by a live, in- person, non - automated response system so as to
ensure that in cases of emergency the Operator is made
immediately aware;
iv. Operator's business mailing address;
V. Address of Drilling and Production Site;
vi. The number for emergency services (911);
vii. The telephone number of the City's Gas Well Division for citizens
to call with questions, concerns or complaints;
viii, The telephone number of the TCEQ's Regional Office where air
quality complaints may be reported; and
ix. Any additional information required by RRC.
C, A permanent weatherproof sign shall be posted on each Drilling and
Production Site reading "DANGER NO SMOKING ALLOWED ", in both
English and Spanish, at the entrance of each Drilling and Production Site
or in any other location approved or designated by the Fire Marshal. Sign
lettering shall be four inches in height and shall be red on white
background or white on red background. Each sign shall include the
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emergency notification numbers of the City Fire Department and the
Operator, well and lease designations required by the RRC.
4. Painting. All installed, mounted, and /or permanent equipment on Drilling and
Production Sites shall be coated, painted, and maintained at all times, including
the wellhead, gas processing units, pumping units, storage tanks, above - ground
pipeline appurtenances, buildings, and structures, in accordance with applicable
guidelines adopted by The Society for Protective Coatings (SSPC). In addition,
the following standards are applicable:
a. Protective coatings and paints shall comply with any applicable State or
City requirements. In absence of any such requirement, protective
coatings and paints shall be of a neutral color that is compatible with the
surrounding environment.
b. All exposed surfaces of the identified equipment must be coated and
painted, and free from rust, blisters, stains, or other defects.
5. Electric Lines. All electric lines to permanent production facilities shall be located
in a manner compatible to those already installed in the surrounding areas or
subdivision.
6. Lift Compressor Location. Any lift compressor which is installed within an
approved Drilling and Production Site shall be located at least twenty -four (24)
feet from the outer boundary of the site.
7. Storage Tanks and Separators.
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 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 if shown and approved
by the applicable Gas Well Development Site Plan.
8. Trash Removal. Any rubbish or debris that might constitute a fire hazard shall be
promptly removed from the Drilling and Production Site.
9. Debris. The Drilling and Production Site and site access road shall at all times be
kept free of debris, pools of water or other liquids, contaminated soil, weeds,
brush, trash or other waste material.
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C. Site Development Standards
1. Water Conservation Plan. In cases where the City activates its drought
contingency plan, each Operator must submit to the City a water conservation
plan for uses of water. The plan must provide information in response to each of
the following elements.
a. A description of the use of the water in the production process, including
how the water is diverted and transported from the source(s) of supply,
how the water is utilized in the production process, and the estimated
quantity of water consumed in the production process and therefore
unavailable for reuse, discharge, or other means of disposal;
b. If long -term, five (5) to ten (10) years, water storage is anticipated,
quantified five -year and ten -year targets for water savings and the basis
for the development of such goals;
C. A description of the device(s) and /or method(s) within an accuracy of plus
or minus 5.0% to be used in order to measure and account for the amount
of water diverted from the source of supply;
d. Leak - detection, repair, and accounting for water loss in the water
distribution system;
e. Application of state -of -the -art equipment and /or process modifications to
improve water use efficiency; and
f. Any other water conservation practice, method, or technique which the
user shows to be appropriate for achieving the stated goal or goals of the
water conservation plan.
2. Erosion and Sediment Controls. Erosion and sediment control practices shall be
conducted for all gas wells. The Operator shall comply with the Erosion and
Sediment Control Plan as approved by the City.
3, Site Access Restriction. Access to a Drilling and Production Site shall not be
taken from Neighborhood Streets.
D. Operations and Equipment Standards. The following requirements apply only within
City limits.
1. Compliance with Federal and State Laws, Rules and Regulations. The Operator
shall at all times comply with the applicable federal and state laws, rules and
regulations, and Field Rules, including but not limited to those addressing the
following subjects:
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a. vapor recovery equipment;
b. venting and flaring;
C. soil sampling;
d. pit design and use;
C. hydraulic fracturing;
f. plugging and abandonment of gas wells;
g. reclamation of Drilling and Production Sites;
h. U.S. Army Corps of Engineers setback requirements from water bodies;
and
surface casing procedures.
1 Time of Fracturing. Fracturing operations shall be scheduled to occur during
daytime unless the Operator has notified the Gas Well Administrator that fracing
will occur before or after daytime to meet safety requirements.
3. Clean -up After Completion. After the well has been completed the Operator shall
clean and repair all damage to public property caused by such operations within
thirty (30) days.
4, Plugged and Abandoned Wells. All wells shall be plugged and abandoned in
accordance with the rules of the RRC. In addition, the Operator shall:
a. Submit a copy of its RRC Form W -3A (Notice of Intention to Plug and
Abandon) and Form W -3 (Plugging Record) to the Inspector within two
(2) business days of filing with the RRC;
b. Notify the Gas Well Administrator of the intention to plug and abandon a
well at least twenty -four (24) hour prior to commencing activities; and
C. Submit to the Gas Well Administrator the surface hole locations in an
acceptable Geographic Information System (GIS) format to accurately
map and track well locations. The GIS data may be submitted with an
initial Gas Well Permit application or with the annual administrative
report. Submission of GIS location data is only required once.
E. Fire Safety and Emergency Response Requirements. The provisions of this section
shall apply within the corporate limits of the City of Denton.
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The drilling and production of gas and accessing the Drilling and Production Site
shall be in compliance with all state, federal and local safety regulations.
2. Gathering Lines
a. Each Operator shall place a pipeline marker sign at each point where a
flow line or gathering line crosses a public street or road.
b. Each Operator shall place a warning sign for lines carrying H2S
(Hydrogen Sulfide) gas as required by the Railroad Commission.
C. All flow lines and gathering lines within the corporate limits of the City
(excluding City utility lines and franchise distribution systems) that are
used to transport oil, gas, and /or water shall be limited to the maximum
allowable operating pressure applicable to the pipes installed and shall be
installed with at least the minimum cover or backfill specified by the
American National Safety Institute Code, as amended.
Operating Pressure. Each well shall be equipped with an automated valve that
closes the well in the event of an abnormal change in operating pressure. All
wellheads shall contain an emergency shut off valve to the well distribution line.
4. Control Device. Each storage tank shall be equipped with a level control device
that will automatically activate a valve to close the well in the event of excess
liquid accumulation in the tank.
Storage Tanks. Each storage tank requires a permit by the Fire Department and
shall meet the requirements of the Fire Code.
6. Outdoor Storage Areas. Outside storage areas shall be equipped with a secondary
containment system designed to contain a spill from the largest individual vessel.
If the area is open to rainfall, secondary containment shall be designed to include
the volume of a twenty -four (24) -hour rainfall as determined by a twenty -five
(25) -year storm and provisions shall be made to drain accumulations of ground
water and rainfall.
T Lightning System. Drilling and Production Sites shall be equipped with a
lightning protection system, in accordance with the City's Fire Code and the
National Fire Association's NFPA -780. In addition, tank battery facilities shall
be equipped with a lightning arrestor system.
Remote Foam Line. Drilling and Production Sites shall be equipped with a
remote foam line that meets the requirements of NFPA — 11.
9. Hazardous Materials Management Plan. An Operator shall prepare and provide to
the Fire Marshal a Hazardous Materials Management Plan. Any updates or
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changes to this plan shall be provided to the Fire Marshal within three (3)
business days of the change. All chemicals and /or hazardous materials shall be
stored in such a manner as to prevent, contain, and facilitate rapid remediation
and cleanup of any accidental spill, leak, or discharge of a hazardous material.
Operator shall have all material safety data sheets (MSDSs) for all hazardous
materials on site. All applicable federal and state regulatory requirements for the
proper labeling of containers shall be followed. Appropriate pollution prevention
actions shall be required and include, but are not limited to, chemical and
materials raised from the ground (e.g., wooden pallets), bulk storage, installation
and maintenance of secondary containment systems, and protection from
stormwater and weather elements.
10. Emergency Response Plan. An Operator shall prepare and provide to the Fire
Marshal an Emergency Response Plan which includes the following information:
(i) a detailed site plan showing the location of the access road, all buildings and
structures, well head, tank batteries, above ground pipe and underground
transmission pipe; (ii) a list of all on -site safety features, equipment and its
location; (iii) the name, address and a 24 -hour, in- person response, phone number
of the Operator to be notified in case of emergency; and (iv) the name, phone
number and address of the surface property owner. The Emergency Response
Plan should describe the personnel, procedures and equipment that the Operator
has available for responding to any irregular release or a threatened release of
materials on the site. The Emergency Response Plan may be included in the
Hazardous Materials Management Plan.
11. Testing / Record Keeping. Operator shall perform periodic testing to verify that
all equipment is operating properly. Maintenance and testing shall be under the
supervision of a responsible person who shall ensure that such maintenance and
testing are conducted in accordance with the manufacture's specifications. Test
and inspection records must be available to the Fire Marshal or Gas Well
Administrator for review upon request.
12. Access by Emergency Vehicles. All Drilling and Production Sites will be
designed to provide road access for emergency vehicles in accordance with the
provisions of the Fire Code. All access roads for fire apparatus must be
unobstructed and be at least twenty (20) feet in width, or shall have a design
determined by the Fire Marshall as functionally equivalent to this standard. In
addition, all access roads shall have an all- weather surface as provided for in the
Fire Code. All dead ends and turning radii shall meet adopted Fire Code
standards.
11 Pit Fencing. For safety reasons, fencing shall be installed to restrict access to a
reserve pit or other type of open pit containing a synthetic liner and used in gas
well drilling operation at a Drilling and Production Site within the corporate limits
of the City.
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14. Catchment Basins. Drip pans, catchment basins and other secondary containment
devices or oil absorbing materials shall be placed or installed underneath all tanks,
containers, pumps, lubricating oil systems, engines, fuel and chemical storage
tanks, system valves, connections, and any other areas or structures that could
potentially leak, discharge, or otherwise spill hazardous or solid materials.
15. Clean -up Operations. After any spill, leak or discharge, the Operator shall remove
or cause to be removed all contamination and associated waste materials. Clean-
up operations shall begin immediately.
16. Immediate Notification. Upon the occurrence of a fire, blowout, release of
hazardous materials, injury or other incident outside normal operating events, the
Operator will immediately notify the Fire Department and a representative of the
Operator will be on site within sixty (60) minutes to assist the City's Emergency
Response Team and provide any information necessary regarding the site. The
Operator shall also, at its own expense, contact and deploy any well containment
specialists or other specialists necessary to contain and suppress the emergency
situation.
17. No pit shall be used or maintained for storage of oil or oil products or oil field
fluids, or for storage or disposal of oil and gas wastes.
F. Nuisance Prevention and Impact Mitigation Standards
1. Nuisances. Adequate nuisance prevention measures shall be taken to prevent or
control offensive odor, fumes, dust and vibration. All drilling and production
operations shall be conducted in such a manner as to minimize, so far as
practicable, dust, vibration or noxious odors, and shall be in accordance with the
best accepted practices incident to drilling for the production of gas and other
hydrocarbon substances in urban areas. All equipment used shall be constructed
and operated so that vibrations, dust, odor or other harmful or annoying
substances or effects are minimized by the operations carried on at any drilling or
production site or from anything incident thereto to avoid injury to or annoyance
of persons living in the vicinity. The site or structures shall not be permitted to
become dilapidated, unsightly or unsafe. Proven technological improvements in
industry standards of drilling and production in this area shall be adopted as they
become available if capable of reducing factors of dust, vibration and odor.
2. Sound Mitigation
a. A noise management plan, prepared by a professional qualified in the area
of noise mitigation, and approved by the Gas Well Administrator,
detailing how the equipment used in the drilling, completion,
transportation or production of a well complies with the maximum
permissible noise levels of this section will be submitted with the Gas
Well Site Plan Application. The noise management plan must:
i. Identify operation noise impacts;
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ii. Provide documentation establishing the ambient noise level prior
to construction of any wellhead, compressor or compression
facility; and
iii,. Detail how the impacts will be mitigated. In determining noise
mitigation, specific site characteristics shall be considered,
including but not limited to the following:
(a) Nature and proximity of adjacent development, location
and type;
(b) Seasonal and prevailing weather patterns, including wind
directions;
(c) Vegetative cover on or adjacent to the site; and
(d) Topography.
2. The Operator shall be responsible for verifying compliance with
this section and the noise management plan after the installation of
the noise mitigation equipment
b. No well shall be drilled, re- drilled or any equipment operated at any
location within the City in such a manner so as to create any noise,
including low- frequency outdoor noise levels, which causes the exterior
noise level when measured at the Protected Use receiver's /receptor's
property line or from the closest exterior point of the Protected Use
structure or inside the Protected Use structure if access to the property is
granted by the receiver /receptor, that:
Exceeds the ambient noise level by more than five decibels during
daytime hours and more than three decibels during nighttime
hours;
ii. Exceeds the ambient noise level by more than ten decibels over the
daytime average ambient noise level during fracturing operations
during daytime hours;
iii. Exceeds the ambient noise level by more than three decibels during
flowback operations during nighttime hours;
iv. Creates pure tones where one -third octave band sound - pressure
level in the band with the tone exceeds the arithmetic average of
the sound - pressure levels of two contiguous one -third octave bands
by five (5) dB for center frequencies of 500 Hertz and above, and
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by eight dB for center frequencies between 160 and 400 Hertz, and
by 15 dB for center frequencies less than or equal to 125 Hertz.
C. The Operator shall be responsible for establishing and reporting to the
City a continuous 72 hour pre - drilling ambient noise level prior to the
issuance of a Gas Well Permit. The 72 -hour time span shall include at
least one 24 -hour reading during either a Saturday or Sunday. The
Operator shall use the prior established ambient noise level for the
installation of any new noise generation equipment unless the Operator
can demonstrate that the increase in the ambient noise level is not
associated with drilling and production activities located either on or off -
site.
d. Adjustments to the noise standards as set forth above in subsection (b)(i),
(b)(ii) and (b)(iii) of this section may be permitted intermittently in
accordance with the following:
....... w.... ...... Permitted � �.. Duration �..�
of
Increase Increase
.. .......................���m,��� (dBA �w ..........� m _........,.m.. ( minutes,. *....................
10 5
20 15 1
Less than 1
�.... .... 6WW a,...Cumulativ � .��.._ �.... _ .
* ring any one hour
.............. ..........,,................... a minutes during
e. All workover operations shall be restricted to daytime hours.
f. The exterior noise level generated by the drilling, redrilling or other
operations of all gas wells located within the applicable Drilling and
Production Site Setback as set forth in Section 35.5.10.2 shall be
continuously monitored, to ensure compliance. The cost of such
monitoring shall be borne by the Operator. If a complaint is received by
either the Operator or the gas inspector from any Protected Use the
Operator shall, within 24 hours of notice of the complaint, continuously
monitor for a 72 -hour period the exterior noise level generated by the
drilling, redrilling or other operations to ensure compliance. At the
request of the Gas Well Administrator, the Operator shall monitor the
exterior noise level at the source of the complaint.
g. Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the Gas Well Administrator may be used to ensure
compliance. All soundproofing shall comply with accepted industry
standards.
h. The sound level meter used in conducting noise evaluations shall meet the
American National Standard Institute's Standard for sound meters or an
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instrument and the associated recording and analyzing equipment which
will provide equivalent data.
A citation may be immediately issued for failure to comply with the
provisions of this section. However, if the Operator is in compliance with
the approved noise management plan, and a violation still occurs, the
Operator will be given 24 hours from notice of noncompliance to correct
the violation from an identified source before a citation is issued.
Additional extensions of the 24 -hour period may be granted in the event
that the source of the violation cannot be identified after reasonable
diligence by the Operator.
1 Lighting. No Operator shall permit any lights located on any site to be directed in
such a manner so that they shine directly on public roads, adjacent property or
property in the general vicinity of the site. To the extent practicable, and taking
into account safety considerations, site lighting shall be directed downward and
internally so as to avoid glare on public roads and adjacent dwellings and
buildings within 300 feet.
G. Enhanced Nuisance Mitigation Standards
1. Enhanced Standards for Operators. When an Operator, either by waiver
procedure or variance, receives a reduction to the set -back requirements of
Section 35.5.10.2 for a Drilling and Production Site, the Operator shall comply
with the following Enhanced Nuisance Mitigation Standards for that site:
a. Sound Mitigation. The Drilling and Production Site shall be surrounded
on all four sides with sound wall noise barriers that comply with accepted
industry standards and are at least 30 feet in height during all Drilling
Activities and Completion Operations and shall be removed by the
Operator no later than 60 days after concluding the respective activity. In
the alternative, if the Operator's noise management plan provides equally
effective sound mitigation to the Protected Uses within 1,000 feet of the
Drilling and Production Site boundary, then the Operator may follow the
recommendations set forth in the noise management plan. If the Operator
chooses the alternative, the Operator shall provide notice of its intent
together with its Notice of Activities as required by Section 35.22.7.C.1.
b. Production Monitoring. Periodic evaluations will be conducted by the
City for the Drilling and Production Site during production to determine if
equipment is functioning as designed or may be producing fugitive
emissions.
A third party contractor may be retained by the City to perform
such inspections, and cost of services and charges assessed by the
third party contractor shall be borne by the Operator. Any third
party contractor shall act at the City's direction and report directly
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to the City, and shall have the same authority as the Gas Well
Administrator for purposes of inspections under this Section.
ii. The City shall notify the Operator in writing, as well as to the state
and federal regulatory agencies having jurisdictional authority, of
any malfunctioning equipment producing fugitive emissions.
iii. Quarterly reporting of the monitoring results to the City's Gas
Well Administrator is required with all laboratory data sheets, field
logs, data summaries, and actions taken in the previous quarter.
iv. Upon showing documented compliance for a period of 12 months,
the Operator shall thereafter employ best management practices to
eliminate any emissions in violation of state and federal
regulations.
C, An Operator is exempt from the inspection requirements included in
Subsection b. above, and any associated fees, on any well site equipped
with an equivalent automated system that meets the following
requirements and is approved by the Inspector.
Any such alternative must include a screening for the presence of
leaks, releases, or emissions, and other conditions that could
identify potential malfunctions in the efficient operation of on -site
equipment, such as the monitoring of line pressures and storage
tank levels.
ii. The automated system alternative shall include:
(a) A 24 -hour remote alert system designed to notify appropriate
personnel of excess storage tank levels or abnormal changes
in line pressure; and
(b) An emergency automated shutdown of the well(s) when
monitoring indicates irregular storage tank levels and
functioning of valves. All emergency situations shall be
immediately reported to the City via 911.
iii. If malfunctions are identified, the point of concern shall be noted
and a repair confirmation provided to the Gas Well Administrator.
The repair confirmation shall include a statement indicating that
the component is working within manufacturer and regulatory
requirements.
iv. Data shall be compiled over the life of the well(s) and available to
the Gas Well Administrator for review.
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35.22.3. - Indemnification and Insurance.
A. Indemnification and Express Negligence Provisions.
1. Each Gas Well Permit issued by the City shall include the following language:
OPERATOR DOES HEREBY EXPRESSLY RELEASE AND DISCHARGE
ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, AND EXECUTIONS
WHICH IT EVER HAD, OR NOW HAS OR MAY HAVE, OR ASSIGNS MAY
HAVE, OR CLAIM TO HAVE, AGAINST THE CITY OF DENTON, AND /OR
ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, SUCCESSORS,
ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES
(COLLECTIVELY REFERRED TO AS THE "INDEMNIFIED PARTIES"),
RELATING TO OR ARISING OUT OF BODILY INJURY, KNOWN OR
UNKNOWN, AND INJURY TO PROPERTY, REAL OR PERSONAL, OR IN
ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE
PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR
UNDER A GAS WELL PERMIT. TO THE FULLEST EXTENT PERMITTED
BY LAW, OPERATOR SHALL DEFEND, PROTECT, INDEMNIFY, AND
HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST
EACH AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY
AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS,
LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED
IN DEFENSE OF THE INDEMNIFIED PARTIES, INCLUDING, WITHOUT
LIMITATION, BODILY INJURY AND DEATH IN CONNECTION
THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR,
ITS AGENTS, ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF,
ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO OR IN
CONNECTION WITH THE PERFORMANCE OF THE WORK
PERFORMED BY THE OPERATOR UNDER A GAS WELL PERMIT. THE
OPERATOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE
INDEMNIFIED PARTIES FROM ANY LIABILITIES OR DAMAGES
SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR
JUDGMENTS AGAINST THE INDEMNIFIED PARTIES RELATING TO OR
ARISING OUT OF THE ACTS OR OMISSIONS OF THE INDEMNIFIED
PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE GAS WELLS INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
SOLE NEGLIGENCE OF THE INDEMNIFIED PARTIES OCCURRING ON
THE DRILLING AND PRODUCTION SITE IN THE COURSE AND SCOPE
OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS
UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR
TO INDEMNIFY AND PROTECT THE INDEMNIFIED PARTIES FROM
THE CONSEQUENCES OF THE NEGLIGENCE OF THE INDEMNIFIED
PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF THE
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RESULTANT INJURY, DEATH, AND /OR DAMAGE. LIABILITY FOR THE
SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS
DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
B. Insurance.
1. General Requirements.
a. The Operator shall provide or cause to be provided the insurance described below
for each well for which a Gas Well Permit is issued, and shall maintain such
insurance until the well is abandoned and the site restored, except as otherwise
required in this Section. The Operator may provide the required coverage for
multiple wells on a "blanket basis ". Such coverage shall be approved by the Risk
Manager for the City of Denton.
b. Prior to issuance of the Gas Well Permit, the Operator shall furnish the City with
a certificate(s) of insurance, executed by a duly authorized representative of each
insurer, showing compliance with the insurance requirements set forth in this
Section. A copy of the endorsements or other policy provisions adding the City
as an additional insured to the insurance policies, endorsements providing the City
thirty (30) days written notice of cancellation or material change in coverage, and
all waivers of subrogation shall be attached to the certificate(s) of insurance.
Upon request, certified copies of the insurance policies shall be furnished to the
City. The City's acceptance of documents that do not reflect the required
insurance, or the City's failure to request the required insurance documents, shall
not constitute a waiver of the insurance requirements set forth in this Section.
c. In the event any insurance required by this Section is cancelled, the Gas Well
Permit shall be suspended on the date of cancellation and the Operator's right to
operate under the Gas Well Permit shall immediately cease until the Operator
obtains the required insurance.
d. The Operator shall provide the City thirty (30) days written notice of any
cancellation, non - renewal, or material change in policy terms or coverage, and the
policies shall be endorsed to provide the City such notice.
e. All insurance policies shall be written by an insurer authorized to do business in
Texas and with companies with A: VIII or better rating in accordance with the
current Best's Key Rating Guide, or with such other financially sound insurance
carriers approved by the City.
f. All insurance policies, with the exception of the workers compensation policy,
shall be endorsed to name the City, its officials, employees, agents and volunteers
as additional insureds on the policies. The additional insured coverage shall apply
as primary insurance with respect to any other insurance or self - insurance
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programs maintained by the City, its officials, employees, agents and volunteers.
A copy of each endorsement shall be provided to the City as evidence of
coverage.
g. All insurance policies shall be endorsed with a waiver of subrogation in favor of
the City, its officials, employees, agents and volunteers. A copy of each
endorsement shall be provided to the City.
h. All insurance policies shall be written on an occurrence basis where commercially
available.
i. During the term of the Gas Well Permit, the Operator shall report, in a timely
manner, to the Gas Well Division any known loss or occurrence which has
caused, or may in the future cause, bodily injury or property damage.
2. Required Insurance Coverages.
a. Commercial General Liability Insurance.
Operator shall maintain commercial general liability (CGL) insurance with a limit
of not less than one million dollars ($1,000,000) each occurrence with a two
million dollars ($2,000,000) aggregate. This insurance shall cover liability
including, but not limited to, liability arising from premises, operations, blowout
or explosion, products - completed operations, contractual liability, underground
property damage, broad form property damage, and independent contractors.
This insurance shall also include coverage for underground resources and
equipment hazard damage. In addition to the additional insured requirements set
forth above, the additional insured coverage provided to the City, its officials,
employees, agents and volunteers shall include coverage for products - completed
operations.
b. Environmental Impairment (or Pollution Liability) Insurance.
Operator shall maintain environmental impairment or pollution liability insurance
with a limit of not less than five million dollars ($5,000,000). Such coverage shall
not exclude damage to the lease site. If coverage is written on a claims -made
basis, the Operator shall maintain continuous coverage or purchase tail coverage
for four (4) years following the expiration or suspension of the Gas Well Permit,
and the retroactive date(s) applicable to such coverage shall precede the date of
issuance of the Gas Well Permit. Coverage shall apply to sudden and accidental
pollution conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants. Where commercially available, Operator shall also
maintain such coverage for gradual pollution incidents.
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c. Automobile Liability Insurance.
Operator shall maintain automobile liability insurance with a limit of not less than
one million dollars ($1,000,000) each accident. Such insurance shall cover
liability arising out of any auto (including owned, non - owned, and hired autos).
d. Worker's Compensation Insurance.
Operator shall maintain workers compensation and employers liability insurance.
The workers compensation limits shall be as required by statute and employers
liability limits shall not be less than one million dollars $1,000,000 each accident
for bodily injury by accident and $1,000,000 each employee for bodily injury by
disease.
e. Excess (or Umbrella) Liability Insurance.
Operator shall maintain excess (or umbrella) liability insurance with a limit of not
less than twenty -four million dollars ($24,000,000) per occurrence with a twenty -
four million dollar ($24,000,000) aggregate. Such insurance shall be excess of
the commercial general liability insurance, automobile liability insurance and
employers liability insurance as specified above.
f. Control of Well Insurance.
Operator shall maintain control of well insurance with a limit of not less than five
million dollars ($5,000,000) per occurrence. The policy shall provide coverage for
the cost of controlling a well that is out of control, re- drilling or restoration
expenses, seepage and pollution damage. A five hundred thousand dollars
($500,000) sub -limit endorsement may be added for damage to property for which
the Operator has care, custody, and control.
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35.22.4. - Security.
A. Prior to the issuance of a Gas Well Permit the Operator shall provide the Gas Well
Administrator with a security instrument in the form of a bond or an irrevocable letter of
credit in accordance with this subsection (b). Evidence of the execution of a letter of
credit shall be submitted to the Gas Well Administrator by submitting an original signed
letter of credit from the banking institution, with a copy of the same provided to the City
Secretary.
1. During initial drilling activities. An Operator drilling between one and five wells
in the City at any time shall provide a blanket bond or letter of credit that meets
the requirements of this subsection (b) in the principal minimum amount of
$150,000. Such blanket bond or letter of credit shall be increased by $50,000 for
the sixth and each additional well being drilled in the City.
2. During completion and production activities. An Operator with wells that are
producing and for which all drilling operations have ceased shall provide a blanket
bond or letter of credit that meets the requirements of this subsection (b) in the
principal minimum amounts as follows:
a. Up to 75 wells: $100,000;
b. Between 76 and 150 wells: $150,000; and
C. More than 150 wells: $250,000.
B. Drawing of a bond or letter of credit.
1. The City shall be authorized to draw upon such bond or letter of credit to:
a. Recover any fines or penalties assessed under this Subchapter or
Subchapter 5; or
b. To pay the City for the cost of doing any work required to remedy any
default by the Operator under any provision of this Subchapter or
Subchapter 5.
2. If the City determines that a default has occurred in the performance of any
requirement or condition imposed by this Subchapter or Subchapter 5, a written
notice shall be given to the Operator. Such notice shall specify the work to be
done, the estimated cost and the period of time deemed to be reasonably necessary
for the completion of such work. After receipt of such notice, the Operator shall,
within the time therein specified, either cause or require the work to be
performed, or failing to do so, shall pay over to the City 125% of the estimated
cost of doing the work as set forth in the notice. In no event, however, shall the
Cure Period be less than ten (10) days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the failure
involves the Operator's failure to provide periodic reports as required by this
Subchapter or Subchapter 5.
3. The City shall be authorized to draw against the bond or letter of credit provided
hereunder to recover such amount due from the Operator. Upon receipt of such
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moneys, the City shall proceed by such mode as deemed convenient and
necessary to cause the required work to be performed and completed, but no
liability shall be incurred other than for the expenditure of said sum in hand. In
the event that the well has not been properly abandoned under the regulations of
the commission, such additional money may be demanded from the Operator as is
necessary to properly plug and abandon the well and restore the drill site in
conformity with the regulations of this Subchapter or Subchapter 5. In the event
the Operator does not cause the work to be performed and fails or refuses to pay
over to the City the estimated cost of the work to be done as set forth in the
notice, or the issuer of the security instrument refuses to honor any draft by the
City against the applicable irrevocable letter of credit or bond the City may
proceed to obtain compliance and abate the default by way of civil action against
the Operator, or by criminal action against the Operator, or by both such methods.
C, Requirements for bonds. A bond shall be executed by a reliable bonding or insurance
institution authorized to do business in Texas, acceptable to the City. The bond shall
become effective on or before the date the Gas Well Permit is issued and shall remain in
force and effect for at least a period of six months after the expiration of the Gas Well
Permit term or until the well is plugged and abandoned and the site is restored, whichever
occurs first. The Operator shall be listed as principal and the instrument shall run to the
City, as obligee, and shall be conditioned that the Operator will comply with the terms
and regulations of this Subchapter, Subchapter 5 and the City. The original bond shall be
submitted to the Gas Well Administrator with a copy of the same provided to the City
Secretary.
D. Requirements for letters of credit. A letter of credit shall be issued by a reliable bank
authorized to do business in Texas and shall become effective on or before the date the
Gas Well Permit is issued. The letter of credit shall remain in force and effect for at least
a period of six months after the expiration of the Gas Well Permit term. If the letter of
credit is for a time period less than the life of the well as required by this Subchapter or
Subchapter 5, the Operator must agree to either renew the letter of credit or replace the
letter of credit with a bond in the amount required by this Subchapter or Subchapter 5, on
or before 60 days prior to the expiration date of the letter of credit. If the Operator fails to
deliver to the City either the renewal letter of credit or replacement bond in the
appropriate amount on or before 60 days prior to the expiration date of the letter of credit,
the City may draw the entire face amount of the attached letter of credit to be held by the
City of Denton as security for Operator's performance of its obligations under this
Subchapter and Subchapter 5.
When the well or wells covered by said irrevocable letters of credit or bond have been
properly abandoned in conformity with all regulations of this Subchapter or Subchapter
5, and in conformity with all regulations of the commission and notice to that effect has
been received by the City, or upon receipt of a satisfactory substitute, the irrevocable
letter of credit or bond issued in compliance with these regulations shall be terminated
and cancelled.
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35.22.5. - Inspection.
A. In accordance with federal and state law, the Gas Well Administrator and Fire Marshal
shall have the authority to enter and inspect any premises covered by the provisions of
this Subchapter, Subchapter 5 and Gas Well Permit, to determine compliance with its
provisions, and all applicable laws, rules, regulations, standards, or directives of any
local, state or federal authority.
R Pursuant to inspection authority granted by this Subchapter, the Fire Code, the Texas
Clean Air Act, and the Texas Water Code, the Gas Well Administrator and the Fire
Marshal shall conduct periodic inspections of all Drilling and Production Sites, Gas
Wells and well - related equipment permitted under this Subchapter and Subchapter 5.
C. Inspections will also include an evaluation of the Operator's conformance with their
Hazardous Materials Management Plan and other applicable requirements to their site.
Any deviations from, or violations of, the Hazardous Materials Management Plan shall
be referred to the Fire Marshal for further inspection and enforcement in accordance
with the Fire Code.
D. Inspection fees will be assessed for all inspections in an amount set by separate
ordinance. Failure to timely remit payment for inspection fees is a violation of this
Subchapter and Subchapter 5; however, nothing herein shall be deemed to limit the
City's remedies in equity or law in the collection of any past due fees.
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35.22.6. - Periodic Reports.
A. The Operator shall notify the Gas Well Administrator and the Fire Marshal of any
changes to the following information within one (1) business day after the change occurs.
1. The name, address, and phone number of the Operator;
2. The name, address, and twenty -four (24) -hour, in- person response, phone number
of the person(s) with supervisory authority on behalf of the Operator over the
Drilling and Production Site;
3. The name, address, and phone number of the person designated to receive notices
from the City, which person shall be a resident of Texas that can be served in
person or by registered or certified mail; and
4. The Operator's Emergency Action Plan if required to file one pursuant to federal
or state law.
B. The Operator shall, upon request of the Gas Well Administrator, promptly make available
a copy of any "incident reports" or written complaints submitted to the RRC or any other
state or federal agency.
C. Beginning a year after a well is spud, and thereafter until the Operator notifies the Gas
Well Administrator that the well has been plugged and abandoned and the Drilling and
Production Site restored, the Operator shall prepare a written report to the Gas Well
Administrator identifying any changes to the information that was included in the
application for the applicable Gas Well Permit that have not been previously reported to
the City provided that changes have been made.
D. The Operator must provide a copy to the Gas Well Administrator of all reports otherwise
filed with the TCEQ in connection with an installed vapor recovery unit as described in
this Subchapter or Subchapter 5. The Operator shall also provide the City with copies of
any responses provided by TCEQ. Such reports and responses shall be kept on the
Drilling and Production Site and shall be available for inspection when requested by the
Gas Well Administrator.
E. The Operator shall provide the City with copies filed with the RRC of the respective
reports for setting surface casing, blowout preventer (BOP) pressure testing, bridge plug
testing, pressure relief valve testing, and level control testing. The Operator shall also
provide the City with copies of any responses provided by the RRC. Copies of such
reports and responses shall be kept on the Drilling and Production Site and shall be
available for inspection when requested by the Gas Well Administrator.
F. In addition to the records listed in this chapter, the Operator shall provide the City with a
copy of all records filed with the RRC and TCEQ by the Operator or by third parties.
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Copies of such records shall be kept on the Drilling and Production Site and shall be
available for inspection when requested by the Gas Well Administrator.
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35.22.7. - Notice of Activities.
A. Notice AD licable_toww- Setback �Waivers and Variances
1. An Operator who seeks to reduce Drilling and Production Site Setbacks for a
proposed Drilling and Production Site below those prescribed in Section
35.5.10.2, pursuant to the procedures in Section 35.5.10.6, shall give the notice
prescribed by this subsection to each owner of surface property within the Drilling
and Production Site Setback and to all registered neighborhood associations
within one -half mile of the proposed Drilling and Production site at least twenty
(20) days prior to filing an application for approval of a Gas Well Development
Site Plan for the proposed Drilling and Production Site. The notice shall describe
which procedure(s) under Section 35.5.10.6 will be utilized by the Operator to
obtain a reduction in the setback and the date of any hearing scheduled before the
Board of Adjustment on a variance request. Such notice shall be in addition to
any notices required for Board of Adjustment proceedings.
2. The notice shall identify the Operator and give the address and phone number of
the Operator's representative, an internet link for information on the proposed
request for reduction of setbacks, and contact telephone numbers for the City
staff. The notice shall be accompanied by an aerial photograph containing the
information in Section 35.5.10.6.A.l.a.
3. Notices required by this subsection shall be by depositing the same, properly
addressed and postage paid, in the United States mail.
B. Notice ADI ')kcal)! wwL( . l�w�uc�at ons for alas Well I eveloometttmIT` Site Plans
1. At least twenty (20) days prior to the date of filing of an application for approval
of an original or amended Gas Well Development Site Plan with the Gas Well
Administrator, the Operator shall notify, at the expense of the Operator, each
surface owner of property within 1,000 feet of the proposed Drilling and
Production Site. Such notice, as outlined below, shall be by depositing the same,
properly addressed and postage paid, in the United States mail.
2. The notice shall expressly state whether waivers or variances from the Drilling
and Production Site Setback have been granted pursuant to Section 35.5.10.6.
The notice shall identify the Operator and give the address and phone number of
the Operator's representative, an internet link for information on the proposed
request for reduction of setbacks, and contact telephone numbers for the City
staff. The notice shall be accompanied by an aerial photograph containing the
information in Section 35.5.10.6.A.1.a.
3. At least twenty (20) days prior to the date of filing of an application for an
original or amended Gas Well Development Site Plan with the Gas Well
Administrator, the Operator shall publish a notice containing the information in
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subsection 2, at the expense of the Operator, in one issue of the local section of a
newspaper of general circulation in the City for ten consecutive days. An affidavit
by the printer or publisher of the newspaper indicating publication of the notice
shall be filed with the application and will be prima facie evidence of such
publication. All notices shall follow a format required by the City.
4. No later than five (5) days after filing of an application for an original or amended
Gas Well Development Site Plan with the Gas Well Administrator, the Operator,
at Operator's expense, shall erect at least one sign, as approved by the Gas Well
Administrator, no less than three feet by three feet, upon the premises upon which
a Gas Well Development Site Plan has been proposed. The sign or signs shall be
located in a conspicuous place or places upon the property at a point or points
nearest right -of -way, street, roadway or public thoroughfare adjacent to such
property. The Gas Well Administrator may require additional signage if the
premises fronts on more than one right -of -way, street, roadway or public
thoroughfare. The sign(s) shall state that a Gas Well Development Site Plan has
been requested, which if approved, would authorize the drilling of multiple gas
wells for the site. The sign shall further set forth that additional information can
be acquired by telephoning the Operator at the number indicated on the sign. The
sign shall remain posted at the Drilling and Production Site for the duration of the
Gas Well Development Site Plan.
C. Notice Applicable to Activities
1. Any Operator who intends to perform the following activities: (1) Drilling
Activities; (2) Workover Operations; (3) perform Completion or Re- Completion
Operations; (4) plug and abandon a well; (5) perform any other maintenance
activities that involve removal of the well head at a Drilling and Production Site;
or (6) conduct seismic exploration not involving explosive charges; shall give
written notice to the City no sooner than thirty (30) days and no later than ten
(10) days before the activities begin, except in instances where immediate
Operator response is necessary, provided that the Operator has first obtained all
necessary authorizations required by this Subchapter, Subchapter 5 and the Fire
Code. Road Damage Remediation Fees shall be paid to the City and submitted
with the Notice of Activities.
2. Except in instances where immediate Operator response is necessary, all
dwellings within 1,000 feet from the boundary of a Drilling and Production Site
shall be notified no sooner than thirty (30) days and no later than ten (10) days
prior to the activities listed in Section C.1, excluding Workover Operations. Such
notice shall be by depositing the same, properly addressed and postage paid, in
the United States mail.
a. The notice shall identify where the activities will be conducted and shall
describe the activities in reasonable detail, including but not limited to the
duration of the activities and the time of day they will be conducted.
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b. The notice shall also provide the address and the twenty -four (24) hour,
in- person response, phone number of the Operator responsible for the well
concerning the activities.
3. The Operator responsible for the activities shall post a sign at the entrance of the
Drilling and Production Site giving the public notice of the activities, including
the date and time the activities will begin, and the name, address, and twenty -four
(24) hour, in- person respone, phone number of the Operator conducting the
activities.
4. If upon receipt of the notice the City determines that an inspection by the Gas
Well Administrator is necessary, the Operator will pay the City's fee for the
inspection as set forth in amount as established by separate ordinance.
5. The Operator shall notify the Gas Well Administrator within 24 hours of setting surface
casing.
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35.22.8. — Remedies, Enforcements and Right of Entry.
A. The Fire Marshal and the Gas Well Administrator are authorized and directed to enforce
this Subchapter, Subchapter 5 and the provisions of any Gas Well Permit. Whenever
necessary to enforce any provision of this Subchapter, Subchapter 5 or a Gas Well
Permit, or whenever there is reasonable cause to believe there has been a violation of this
Subchapter, Subchapter 5 or a Gas Well Permit, the Fire Marshal or Gas Well
Administrator, may, consistent with federal and state law, enter upon any property
covered by this Subchapter, Subchapter 5 or a Gas Well Permit at any reasonable time to
inspect or perform any duty imposed by this Subchapter or Subchapter 5. If entry is
refused, the City shall have recourse to every remedy provided by law and equity to gain
entry.
B. It shall be unlawful and an offense for any person to do the following:
1, Engage in any activity not permitted by the terms of a Gas Well Permit issued
under this Subchapter or Subchapter 5;
2. Fail to comply with any conditions set forth in a Gas Well Permit issued under
this Subchapter or Subchapter 5; or
Violate any provision or requirement set forth under this Subchapter or
Subchapter 5.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a
violation of this Subchapter or Subchapter 5.
D. The Gas Well Administrator is authorized to issue citations into municipal court for
violations of this Subchapter, Subchapter 5 or Gas Well Permit.
E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state
agency in connection with violations of this Subchapter or Subchapter 5.
F. Permit Suspension or Revocation
1, If an Operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of any Gas Well Permit
issued by the City in connection with any Gas Well Drilling and Production
activity, the Fire Marshal or Gas Well Administrator may give written notice to
the Operator specifying the nature of the alleged failure and giving the Operator a
reasonable time to cure, taking into consideration the nature and extent of the
alleged failure, the extent of the efforts required to remedy the failure, and the
potential impact on the health, safety, and welfare of the community. The
Operator shall notify the Gas Well Administrator within forty -eight (48) hours
indicating how the violation(s) shall be remedied. Unless otherwise provided by
this Subchapter or in Subchapter 5, in no event, however, shall the Cure Period be
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less than ten (10) days unless the alleged failure presents a risk of imminent
destruction of property or injury to person. The Fire Marshal may issue a Stop
Work Order under the Fire Code.
2. If the Operator does not cure the alleged failure within the time specified by the
Fire Marshal and /or Gas Well Administrator, the Fire Marshal and /or Gas Well
Administrator may notify the appropriate state or federal agency with jurisdiction
over the alleged violation and request that the state or federal agency take
appropriate action (with a copy of such notice provided to the Operator), and the
City may pursue any other remedy available.
3. If the Operator does not cure the alleged failure within the time specified by the
Fire Marshal and /or Gas Well Administrator, the Gas Well Administrator may
recommend to the Board of Adjustment:
a. That the Gas Well Permit at issue shall be suspended until the alleged
failure is cured; or,
b. If the Gas Well Permit at issue was under suspension at any time during
the prior two (2) year period, that the Permit at issue shall be revoked.
The Board of Adjustment shall hold hearings, in accordance with DDC, Section
35.3.4, to act upon the Fire Marshal's and /or the Gas Well Administrator's
recommendation.
4. The decision of the Fire Marshal and /or Gas Well Administrator to recommend
suspension or revocation of a Gas Well Permit shall be provided to the Operator
in writing at least ten (10) days before the hearing to be held by the Board of
Adjustment.
5, If a Gas Well Permit is revoked, the Operator may submit information to the Gas
Well Administrator evidencing that the alleged failure resulting in the revocation
of the Gas Well Permit has been corrected, and an application for a new Gas Well
Permit may be submitted for the same well.
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Changes to Provisions for Watershed Permits
Section 35.22.9. Watershed Permits for Gas Well Developments
A. Applicability.
1. 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 flood fringe area or ESA within the corporate limits or ETJ of the City,
and for any proposed site that is within one thousand two hundred (1,200) feet of the
flood pool elevation of Lake Ray Roberts or Lake Lewisville. 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 flood fringe area or ESA, or for a site that is within one
thousand two hundred (1,200) feet of the flood pool elevation of Lake Ray Roberts or
Lake Lewisville. No gas well development is allowed in the floodway, including the
area of an ESA located in a floodway.
2. Inside the City limits, a Watershed Protection Permit for gas well development can be
approved only if the City Council authorizes a Specific Use Permit. In making a
recommendation for the SUP, the Director shall apply those standards set forth in
Section 35.22.9.D. In the City's ETJ, a Watershed Protection Permit may be
approved by the Director of Environmental Services, or designee pursuant to the
procedures in subsection C.
3. A Watershed Protection Permit application may be submitted simultaneously with an
application for a Specific Use Permit.
B. Application Requirements and Processing. A Watershed Protection Permit shall be
processed in accordance with the following:
1. An application for a Watershed Protection Permit shall contain the following
information and such information as may be required by the Development Review
Committee and the Environmental Services Department, which is reasonably
necessary to review and determine whether the proposed development and required
facilities meet the requirements of this Subchapter 22, Subchapter 5 and as required
by the Application Criteria Manual. In addition the information shall include the
following:
a. A Tree Inventory Plan shall show the location of ESAs on any proposed Drilling
and Production Site.
b. Show location of ESAs on proposed Drilling and Production Sites.
2. All applications for Watershed Protection Permits shall be filed with the Planning
Department, who shall immediately forward all applications to the DRC for review.
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Incomplete applications shall be returned to the applicant, in which case the City shall
provide a written explanation of the deficiencies. 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.
C. Procedures.
1. Each application for a Watershed Protection Permit for gas well development in the
ETJ shall be approved or denied by the Director of Environmental Services or
designee following DRC review.
2. Criteria for Approval for Watershed Protection Permit for Gas Well Development in
the City limits. In reviewing the application for a Watershed Protection Permit, the
Director shall apply those standards set forth in Section 35.22.9.D. The Director may
attach such conditions to approval of a Watershed Protection Permit as are necessary
to assure that the requirements of subsection D and any other applicable requirements
contained in this Subchapter 22 and Subchapter 5 are met.
3. Criteria for Approval for Watershed Protection Permits for gas well developments
within the ETJ. In deciding the application for a Watershed Protection Permit, the
Director shall apply those standards set forth in 35.33.9.D(1); 35.22.9.1)(2) for
riparian buffers within floodplains; and 35.22.9.1)(5). The Director may attach such
conditions to approval of a Watershed Protection Permit as are necessary to assure
that the requirements of these components of subsection D and any other applicable
requirements in this Subchapter 22 and Subchapter 5 are met.
4. Each Watershed Protection Permit shall:
a. Identify each well subject to the Permit;
b. Specify the date on which the Permit was issued;
c. Incorporate by reference all applicable standards of approval; and
d. Incorporate by reference all applicable conditions of approval.
5. The applicant may appeal the Director's denial or conditional approval of a
Watershed Protection Permit in the ETJ on grounds pertaining to the standards in
Subsection 35.22.9.C.3 to the City Council within ten (10) calendar days of the
decision by the Director. The Council shall decide the petition based upon the criteria
in Subsection 35.22.C.3 and any other applicable requirements contained in this
Subchapter 22 and Subchapter 5.
D. Watershed Protection Permit Standards.
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The standards in this subsection are adopted pursuant to the authority granted by Texas
Local Government Code, Section 551.002 and Chapter 211 and are intended to minimize
adverse impacts on areas within the Flood Fringe or ESA, reduce flood damage, and
lessen the potential for contaminating surface water or any water supply.
1. Location of Sites. Drilling and Production Sites shall be located outside floodplains
and other ESAs whenever practicable to minimize adverse impacts on these areas,
reduce flood damage, and lessen the potential for contaminating surface water or any
water supply.
2. Riparian Buffers. For all ESAs constituting or containing riparian buffers prior to the
approval of a Gas Well Development Site Plan:
a. If a riparian buffer is designated as "fair" to "excellent" ESA, the designated
protective stream buffer width as specified in Subchapter 17 of the Denton
Development Code shall apply, and no encroachments shall be allowed.
b. Within all areas except unstudied floodplains, if the stream is designated as a
"poor" ESA, the designated width of the protective stream buffer 'shall be
decreased by either fifty (50) percent or to the limits of the floodway whichever is
greater, but in no instance shall the protective stream buffer width be decreased
below twenty -five (25) feet measured each direction from the centerline of the
existing channel.
3. Tree Mitigation. In the event of a conflict between this subsection and DDC, Section
35.13.7, this subsection shall control. Tree mitigation for gas wells located in an ESA
shall be required and shall be calculated on a one to one replacement value for one
hundred (100) percent of the diameter breast height ( "dbh ") of trees removed from
the Drilling and Production Site. Tree mitigation shall be accomplished by planting
replacement trees, within a floodplain, on -site or off -site with similar tree species or
by payment into a Tree Mitigation Fund. Tree Mitigation Funds that are specific to
ESA's will be kept separate from other Tree Mitigation Funds and will only be used
to either acquire wooded floodplain or riparian property that remains in a naturalistic
state in perpetuity, or to purchase conservation easements within riparian or
floodplain areas. Funds may be used to purchase, plant, and maintain trees on public
property, as long as the public property is within a riparian area or floodplain.
4. Tree Removal. Any request to remove tree(s) shall be accompanied by a letter from a
certified geologist or engineer that indicates why the well site cannot be located to
avoid the trees. If Operator has chosen to pay into the Tree Mitigation Fund, such
funds shall be paid prior to approval of a Final Gas Well Development Site Plan or
Gas Well Development Plat for the ESA.
5. Limitation on Well Heads. Only one (1) well head may be placed in the Flood Fringe
or other ESA under the following conditions:
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a. Storage tanks or separation facilities shall be constructed at least eighteen (18)
inches above the established Base Flood elevation plus the surcharge depth for
encroachment to the limits of the floodway having a one (1) percent chance of
being equaled or exceeded in any year.
b. A hydrologic and hydraulic engineering study shall be performed by a Registered
Professional Engineer. The study shall be submitted to the Engineering
Department in a technical report for review by the City Engineer or his designated
representative. The report shall demonstrate that the proposed facilities will have
no adverse impacts on the carrying capacity of the adjacent waterway nor cause
any increases to the elevations established for the floodplain. When the Special
Flood Hazard Areas (SFHA) on the subject site is designated as "Zone A" on the
FIRM Panel, or the SFHA is not identified on the FIRM Panel, the following
approximate method may be used to evaluate the impacts from gas well
development. A flow rate shall be calculated using procedures set forth in the City
of Denton Drainage Criteria Manual. Using Manning's Equation with an estimate
of the average slope of the stream, measurements of a single irregular cross -
section geometry at the well site, and the one hundred (100) year discharge rate,
the average velocity and normal depth may be calculated. Calculations shall be
provided for the unaltered existing channel cross - section and for the proposed
modified channel cross - section and submitted to the City for review and approval
prior to construction within these areas.
c. No more than ten (10) percent of the flood fringe, within the limits of the Gas
Well Development Site Plan or Gas Well Development Plat, may be filled.
6. Additional Standards inside City Limits. For land inside the City limits, all
conditions imposed by any applicable SUP, MPC District or a PD District for the land
subject to the Watershed Protection Permit, as well as the standards in Section
35.22.9.D and any other applicable requirements contained in this Subchapter 22 and
Subchapter 5, shall apply.
E. Post - approval Procedures.
1 If evidence from water quality monitoring efforts indicates that contamination is
occurring from gas wells, the Operator shall remove, cause to be removed, or
otherwise remediate contamination, as required by the Gas Well Administrator
including but not limited to Waste Minimization Practices established by the RRC.
Cleanup operations shall begin immediately. A re- inspection fee shall be charged as
established by the City Council and published in the Application Criteria Manual.
2. An associated Watershed Protection Permit shall expire with the expiration of the Gas
Well Development Site Plan or Gas Well Development Plat and may not be extended
prior to expiration.
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