2016-016sAlegal \our documents \gas well documentsA6 \planning & development gas well fee ordinance.docx
ORDINANCE NO. 2016 -016
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO.
2013 -248 AND ENACTING A NEW ORDINANCE RELATING TO PLANNING AND
DEVELOPMENT FEES AS IT CONCERNS: GAS WELL DRILLING AND PRODUCTION
IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION;
PRODUCTION MONITORING OF DRILLING AND PRODUCTION SITES AS REQUIRED
BY THE CITY'S GAS WELL DRILLING AND PRODUCTION ORDINANCE; ROAD
DAMAGE REMEDIATION FEE CALCULATIONS DUE TO DAMAGE TO CITY OF
DENTON ROADWAYS FROM GAS WELL DRILLING; ASSESSMENT OF PENALTIES
AND INTEREST; AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2013 -248, the City Council of the City of Denton,
Texas established certain fees related to gas well drilling and production in the City of Denton and
the extra - territorial jurisdiction of the City, and also established a formula for the calculation of
road damage remediation fees in the interest of recovering costs associated with damage to city
roadways from gas well drilling and production activities; and
WHEREAS, the City enacted Ordinance 2015 -233 on August 4, 2015, thereby amending
the City's regulations relating to gas well drilling in the City in order to comply with HB 40 (Texas
Natural Resources Code, Sec. 81.0523) enacted by the Texas Legislature on May 18, 2015; and
WHEREAS, the City Council deems it prudent to harmonize Ordinance 2015 -233 and the
assessment of fees associated with gas well drilling and production and associated activities; and
WHEREAS, all fees assessed under this Ordinance have been comprehensively reviewed,
are fair and reasonable, and do not exceed the reasonable cost to the City in providing the scheduled
service; and
WHEREAS, the City Council deems it in the best interest of the City to allow a short period
of fee reduction in order to encourage gas well operators to file Site Plans on those gas well drilling
and production sites existent in the City as of the effective date of this Ordinance; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Planning and Development Fee Schedule for gas well production is set
forth in Exhibit "A ", which Exhibit is incorporated herein as though set forth in full, and is hereby
adopted.
SECTION 3. The Planning and Development Fee Schedule for production monitoring, as
required by Section 35.22.2.G. Lb. of Ordinance No. 2015 -233 (the "Gas Well Ordinance ") for gas
well operators who have received a reduction to the setback requirements in said Ordinance, is set
forth in Exhibit "B ", which Exhibit is incorporated herein as though set forth in full, and is hereby
adopted.
SECTION 4. The Road Damage Remediation Fee Calculation Formula adopted by
Ordinance No. 2013 -248 remains unchanged and is hereby re- adopted as part of this Ordinance,
which fee calculation formula is set forth in Exhibit "C ".
SECTION 5. Planning and Development fees are due and owing at the time of application
and delinquent if not paid at that time. No permit will issue until payment is made.
Inspection fees are due and owing on or before the 30th day following the end of the month
when any inspection(s) are performed and are delinquent thereafter, and will be billed to the
operator of record.
Road Remediation Fees are due and owing at the time the operator of record notices the
City of intent to perform any activities specified in Ordinance 2015 -233; or, in the event of failure
to notice the City of activities specified in Ordinance 2015 -233, at the time the operator embarks
upon such specified activities, and are delinquent thereafter.
Production monitoring fees are due and owing on or before the 30th day following the end
of the when any inspection(s) are performed and are delinquent thereafter, and will be billed to the
operator of record.
To cover a portion of the administrative costs of collecting past due balances, a late
payment charge of $20.00 shall be assessed on the fifth business day following the due date of any
fees assessed. Furthermore, interest shall be assessed on any past due account balance (excluding
late payment charges) that remains unpaid at the time of each monthly billing calculation. The
interest provided for and assessed shall be due and payable on the due date of the month's billing
statement. The interest charge shall be I% per month on all past due charges and account balances
unpaid at the time of the succeeding month's billing calculations; however, the interest charge
provided for herein shall not exceed the legal rate of interest, and the City intends only to assess,
charge and collect such interest rate that does not exceed the highest lawful rate.
SECTION 6. Ordinance 2013 -248 is hereby superseded and repealed.
SECTION 7. This ordinance shall become effective immediately.
Page 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP' VED TO LEGAL FORM:
A 11"' AN11"'A BURGESS, CITY ATTORNEY
BY:...._ "�,..w w_w
Page 3
Exhibit "A"
Planning and Development Fee Schedule
Page 4
Gas Well SUP Review - Watershed Protection Permit (WPP)
$12,925
Watershed Protection Permit
$265 ....... _ ..
. Gas Well 5.. ��.._......___.......... a. -..... ....... ��..- ,.......m
UP Review as Part of PD /MPC Review
$500
Gas Well Development Site Plans ;
Initial Review First 2 years $3,960
Initial Review -After 2 years
$7,570
Amendment (non -SUP related)
�...., ...m ........ ...... ..m�..,,. ._
$3,960
With SUP Amendment - First 2 years
$5,470
With SUP Amendment - After 2 years
$8,070
Gas Well Development Plats
Initial Review
V$2,880
Amendment
80
Additional Fees Char ed for �
g r Gas Well Development Site and Plats, if applicable,.,,,,,"-,,-
Additional Fee for Engineering Review ....... � �
$415
Plan Review (includes initial inspection and one
Additional Fee for Full Landscape
$495
follow -up inspection) �-
-� -�65
p on (3`d site visit) for Landscape Plan
Additional Fee for 2nd Follow -Up Inspection site
�..� �
_ ..... - �- ........................ � .. n.._... -.
$265
d i Fee for Full Tree Mitigation Review (includes initial inspection and one
Additional
$395
follow-up _ _
Additional Fee for 2nd Follow -Up Inspection (3 "d site visit) for Tree Mitigation Plan
$165
Annual Inspection and Administration Fee (within City Limits) per well located on the same Drilling and
Production Site (covers two annual
al inspections) .
-- a. ..� - __..
1 -2 wells $1,125 per
...�.. e.-.a. nm.. �........ m ...._
3 -5 wells
$900 per
_.. ...... .....- ...uu__ ......... �.. .._ ........ -.
6 wells
$500 per
Additional Fee for 2 nd Follow-Up Inspection 3 d site visit
-
Inspection Administration Fee (within TJ) pp......
Annual Ins p �( n ETJ) per Drilling and Production Site
(covers two annual inspections)
1 well on site
$325
,_.. ..........
2 wells on site
$720
- ..m� ........... ....... ....
Additional Fee for 2 "d Follow -Up Inspection (3 d site visit) W......_..._..
$40
Erosion and Sediment Control
and one follow -up inspection) per
Annual Inspection (covers initial inspection .
$205
each Drilling and Production Site
_......... —. —_ ..............
_......_.m .........
Additional Fee for 2 11 Follow -Up Inspection (3 d site visit)
$175
Transfer of Operation
Per Well
$300
Maximum
$720
Gas Well Permits
p 530
First Permit issued under a Gas Well $5 Development Site Plan
Each Subsequent Permit issued under a Gas Well Development Site Plan
$370
Initial Gas Well Inspections - Includes Initial Erosion Control Review (required for
$1,720
each Gas Well Permit, first or subsequent)
Page 4
EXHIBIT "B"
Production Monitoring Fee Schedule
Page 5
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