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DCA19-0009CNOTE: Per City Attorney, Ordinance DCA19‐0009c is not in effect due to motion to reconsider adoption of the ordinance on December 2, 2019. S:\Lcgal\Our Documcnts\Ordinanccs\19\DC/\ 19-0009-Gas Well Amendments CRK docx ORDINANCE No. DCA19-0009c AN ORDINANCE OF THE CITY OF DENTON AMENDING SUBCHAPTERS 1, 6, AND 8 OF THE DENTON DEVELOPMENT CODE, RELATING TO APPLICABILITY, GAS WELL DRILLING AND PRODUCTION REVERSE SETBACKS, DEFINITIONS, AND PROCEDURES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton 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 Texas 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," ofthe City of Denton Code of Ordinances (collectively referred to as the "Gas Well Ordinance"); and WHEREAS, the Gas Well Ordinance has been amended a few times since its initial adoption; and WHEREAS, the most recent amendment of the Gas Well Ordinance occurred on August 4, 2015 (Ordinance No. 20 15-233), so as to comply with House Bill 40 (Texas Natural Resources Code, Sec. 81.0523) (enacted May 18, 2015), which provides the State ofTexas 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, even after the adoption of Ordinance No. 2015-233, the City Council has continued to receive from the public a multitude of land use compatibility concerns regarding the City's ordinances and regulations 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, this has increased over the years as more and more residential subdivisions and other Protected Uses have developed in proximity to existing gas well drilling and production sites; and WHEREAS, any future drilling in close proximity to residential and other Protected Uses will result 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 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, even where the adjoining properties are developed subsequent to mineral estate development and gas well drilling/placement; and WHEREAS, surface development of properties conducted within city limits are subject to and governed by the City's zoning regulations and are not protected by House Bill 40; 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 gas well drilling and production activities and subsequent surface development on adjoining properties; and WHEREAS, as a response to these continuing concerns, on July 16, 2019, the City Council held a work session on the current gas well setbacks and reverse setbacks and determined that the reverse setbacks, which apply to Protected Uses should be increased; and WHEREAS, the City Council determined that an increased gas well reverse setback of 500 feet is more protective in terms of health, noise, lighting, truck traffic, dust, vibrations, and other nuisances based upon results of a natural gas air quality study conducted by the Eastern Research Group for the City of Fort Worth, which is relatively similar to Denton in terms of geology and topography and is located in the Barnett Shale; and WHEREAS, on August 27, 2019, the City Council further considered the textual amendments to be made to the Denton Development Code to implement the increased reverse setbacks; and WHEREAS, on November 6, 2019 the Planning and Zoning Commission held a public hearing to hear testimony from citizens in connection with the proposed Gas Well Ordinance amendments being considered; and WHEREAS, on November 19, 2019, 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 November 19, 2019, 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 subsequent surface development on adjoining properties; 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 ofthe City's residents and businesses; and Page 2 of4 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 and are hereby approved and incorporated by reference as though fully set forth herein. SECTION 2. Subchapters 1, 6, and 8 of the Denton Development Code are amended as set forth in Exhibits "A," "B ," and "C," respectively, which are fully attached and incorporated fully herein by reference, with the deletions struck-through and the additions underlined. SECTION 3. The amendments set forth in Exhibit "A," "B," and "C" do not apply to plats submitted before the effective date of this Ordinance, even if such plats are not approved before that date. Such plats shall be processed under the reverse setback regulations in effect on the date the plat application was submitted to the City. SECTION 4. All ordinances in conflict herewith are amended and superseded to the limited extent of such conflict, and all remaining sections and provisions of such ordinances not in direct conflict herewith are hereby made cumulative. E T ION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications , and to this end the provisions of this ordinance are severable. =c.=...:....:..,:,::c.:.__o_-""6. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7 . In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall take effect fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton , within ten (10) days ofthe date of its passage. Page 3 of 4 T he motio n to ap pr ove thi s ordinan ce was made by UE~F ...})..,4 111::$ and second ·d by KGT:::L--~!Gt G-6 , the ordinance wa passed a nd app r vcd by the foll owi ng vote 1_Q__-] : Mayor Chris Watts: Gerard Hudspeth, District I: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Aye v" ,/ v v Nay Abstain Absent Paul Meltzer, At Large Place 6: v' PASSEDANDAPPROVEDthisthe /9 -f:/i dayof lf(~ ,2019. aw~ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ARRON LEAL, CITY ATTORNEY BY: Is/Cynthia R. Kirchoff Page 4 of4 Exhibit A2 –Subchapter 1 Amendments – Option 2 1.5 Nonconformities 1 1.5.1 Purpose 2 The purpose of Section 1.5 is to regulate and limit the development and continued existence of land, 3 buildings, structures, uses, and site features that were lawfully established prior to the effective date of 4 this DDC, but that no longer conform to the requirements of this DDC. All such situations are collectively 5 referred to in this section as “nonconformities.” While nonconformities may continue, the provisions of 6 this section are designed to curtail substantial investment in nonconformities to bring about their 7 eventual elimination in order to preserve the integrity of this DDC and the goals of the City of Denton. 8 1.5.2 Regulations Applicable to All Nonconformities 9 A. Authority to Continue 10 Nonconformities may continue to be used and occupied, subject to regulations as to the 11 maintenance of premises and conditions of operations set forth in this section, or unless such 12 nonconformity is terminated as provided in this section. 13 B. Determination of Nonconformity Status 14 The burden of establishing the existence of a nonconformity shall be solely on the owner of the 15 property containing the nonconformity. An applicant may use the procedure in Subsection 2.5.4, 16 Certificate of Zoning Compliance, to establish the existence of a nonconformity. 17 C. Maintenance and Minor Repair 18 Minor repairs and maintenance of nonconformities are permitted and encouraged, provided 19 that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs 20 and maintenance include the following: 21 1. Repairs necessary to maintain and to correct any damage or deterioration to the 22 structural soundness of, or the exterior or interior appearance of, a building or structure 23 without expanding the height or footprint of the building or structure, unless compliant 24 with this DDC; 25 2. Maintenance of land to protect against and mitigate health and environmental 26 hazards; 27 3. Resurfacing or restriping parking areas (but no enlargement of parking area) 28 pursuant to Section 7.9, Parking and Loading; 29 4. Replacing diseased or dead plant materials pursuant to Section 7.7, 30 Landscaping, Screening, Buffering, and Fences; 31 5. Repairs that are required to remedy unsafe conditions; and 32 6. Repairs necessary to comply with current building code requirements. 33 D. Change of Ownership or Tenancy 34 Exhibit A2 –Subchapter 1 Amendments – Option 2 Changes in ownership, tenancy, or management of property with an existing nonconformity 35 may occur, but such nonconformities shall continue to be subject to the standards of this 36 Section 1.5. 37 E. Compliance to the Maximum Extent Practicable 38 Where compliance with the requirements of this section is precluded by a lack of sufficient 39 developable area due to the size of the lot, the layout of existing development, or the presence 40 of significant wetlands, floodplains, watercourses, hazard areas, or other significant 41 environmental constraints, the applicant shall comply with the requirements of this section to 42 the maximum extent practicable, as determined by the Director. 43 F. Discontinuance 44 1. Whenever a nonconforming use or structure is discontinued for one year or 45 more, all nonconforming rights shall cease, and the use of the premises or the structure 46 shall be in conformance with this Subchapter and all applicable codes of the City. For 47 purposes of this provision, the following actions shall create a rebuttable presumption 48 of discontinuance: the property or structure is vacant and no attempt to market the 49 property is observable on the property or from the exterior of any structure, or that the 50 property or structure is vacant and City taxes owed on the property are delinquent. The 51 determination of discontinued status may be delayed for up to one year by the Director 52 upon written request, if the applicant provides documentation that the property has 53 been actively marketed for at least six months during the previous, first year. 54 2. The right to maintain or operate a nonconforming structure or use may be 55 terminated by the Zoning Board of Adjustment in accordance with Subsection 1.5.8, 56 Amortization of Nonconforming Uses or Structures. Any appeal of the termination of 57 nonconforming rights by the Zoning Board of Adjustment under this Subchapter shall be 58 made to the District Court within 10 days of receipt of written notice of the termination 59 by the Director. 60 G. Nonconformity Due to Outside Action 61 1. Where a lot, tract, or parcel is occupied by a lawful structure, and where the 62 acquisition of right-of-way, by eminent domain, dedication, or purchase, by a city, 63 county, state, or federal agency creates noncompliance of the structure or property 64 regarding any requirement of this DDC, such structure or property shall be deemed 65 nonconforming, and acquiring agency shall provide a compliance plan. Such designation 66 shall apply only to noncompliance that results directly from the acquisition of right-of-67 way or by acquisition through eminent domain. 68 2. In the event that such structure is partially or totally destroyed by natural or 69 accidental causes, the structure may be rebuilt upon approval of a building permit by 70 the Building Official, subject to Subsection 1.5.4D, Damage or Destruction of More than 71 50 Percent of the Gross Floor Area. 72 H. Prior Construction Approved 73 Exhibit A2 –Subchapter 1 Amendments – Option 2 Nothing contained in this section shall require any change in the plans, construction, or 74 designated use of a building legally under construction, or for which a permit for construction 75 has been issued, at the time of passage of this DDC or amendments. 76 I. Applicability of this DDC to Existing Residential Uses and Structures 77 The adoption of this DDC shall not cause any existing, legally established single-family detached 78 dwelling, townhome, or duplex use or structure to become nonconforming. Any single-family 79 detached dwelling, townhome, or duplex structure, lot, and associated site features lawfully 80 existing on the effective date of this DDC shall be deemed a lawful structure, lot, or site feature. 81 1.5.3 Nonconforming Uses 82 A. Limitations on Continuation of Nonconforming Uses of Land 83 1. A nonconforming use may be extended throughout the same building, provided 84 that: 85 a. No structural alteration of the building (or portion of such building 86 containing the nonconforming use in the case of buildings with multiple uses) 87 shall be permitted; 88 b. No additional dwelling units shall be permitted in the building; and 89 c. No additional nonresidential units and/or uses shall be permitted. 90 2. No nonconforming use shall expand into an additional structure. 91 3. Any use of land that was established in the City's extraterritorial jurisdiction and 92 annexed into the City shall be subject to the provisions established in TLGC, Section 93 43.002, as amended. 94 B. Change of Use 95 1. A nonconforming use may be changed to another nonconforming use, provided 96 the Director determines that the new use creates lesser impacts on surrounding 97 properties and is no more intensive than the use it replaces, and no structural 98 alterations to the building are required to accommodate such change, except those 99 alterations necessary to meet accessibility provisions required by state and federal law. 100 2. A nonconforming use that has been changed to a less nonconforming use 101 pursuant to this subsection may not subsequently be changed back to a more 102 nonconforming use. 103 3. A nonconforming use, if changed to a conforming use, may not subsequently be 104 changed back to any nonconforming use unless otherwise permitted by this DDC. 105 C. Existing Uses Requiring a Specific Use Permit 106 The adoption of this DDC shall not cause any existing, legally established use that requires a 107 specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), to become 108 Exhibit A2 –Subchapter 1 Amendments – Option 2 nonconforming. Any legally established use existing on the effective date of this DDC that has 109 been damaged or destroyed by fire or other natural or accidental causes in whole or in part may 110 be restored to its original condition and is not required to obtain a specific use permit. 111 1.5.4 Nonconforming Structures 112 A. Expansion of a Nonconforming Structure 113 A nonconforming structure may only be expanded or enlarged pursuant to Subsection 1.5.2C, 114 and any such expansion or enlargement shall be in full compliance with this DDC. 115 B. Increasing Level of Nonconformity Prohibited 116 A nonconforming structure shall not be altered in a way that increases the nonconformity of the 117 structure, but any structure or portion of a structure may be altered to decrease the 118 nonconformity of the structure. 119 C. Damage or Destruction of Less than 50 Percent of the Gross Floor Area 120 A nonconforming structure that has been damaged or destroyed by fire or other natural or 121 accidental causes may be restored to its original condition, provided that: 122 1. The extent of the damage does not require the reconstruction of more than 50 123 percent of the gross floor area of the nonconforming structure. For purposes of this 124 provision, the 50-percent threshold shall apply to each individual structure, and not 125 cumulatively to multiple structures on one lot; and 126 2. A building permit is issued for the work to be performed and such work is 127 commenced within one year of such event and completed within 18 months of such 128 event. By written request from the property owner, the Director may grant one 129 extension of either the work commencement and/or the completion of work time 130 period. 131 3. A restoration or reconstruction of the structure in violation of this subsection 132 immediately terminates the right to operate the nonconforming structure. 133 D. Damage or Destruction of More than 50 Percent of the Gross Floor Area 134 A nonconforming structure that has been damaged or destroyed by fire or other natural or 135 accidental causes to the extent of more than fifty (50) percent of the gross floor area shall not 136 be rebuilt or occupied, except in conformance with this DDC except upon action of the Board of 137 Adjustment to permit reconstruction and occupancy of such structure. Such action by the Board 138 of Adjustment shall have due regard for the property rights of the person or persons affect, and 139 shall be considered in regard to the public welfare, character of the area surrounding such 140 structure, and the conservation, preservation, and protection of property. 141 1.5.5 Nonconforming Lots 142 A. A structure situated on a nonconforming lot shall be considered a nonconforming 143 structure, subject to the provisions of this Section 1.5. 144 Exhibit A2 –Subchapter 1 Amendments – Option 2 B. A nonconforming lot that was made nonconforming by virtue of enactment of this DDC 145 may be used for construction of a building allowed in the applicable zoning district, provided 146 that all other zoning district and dimensional standards are met, unless as otherwise provided 147 for in this Section 1.5. 148 C. A structure on a nonconforming lot deemed nonconforming by virtue of Subsection 149 1.5.4C may be restored to its original condition pursuant to Subsection 1.5.4C. 150 1.5.6 Nonconforming Site Features 151 A. For purposes of this provision, the term “nonconforming site feature” includes any 152 driveway, off-street parking or loading area, building coverage, landscaping, buffer, or screening 153 element that lawfully existed per regulations in place prior to the effective date of this DDC, as 154 well as the lack of any such feature required by subsequently enacted City regulations. 155 B. A lawfully nonconforming site feature may continue in its existing condition unless and 156 until full or limited compliance with the development standards of this DDC, as required in 157 Section 7.2: Applicability. 158 C. No action shall be taken that increases the degree of the nonconformity of a site 159 feature. 160 1.5.7 Nonconforming Signs 161 Nonconforming signs shall comply with Municipal Code of Ordinances, Chapter 33.10, Nonconforming 162 Signs. 163 1.5.8 Amortization of Nonconforming Uses or Structures 164 A. Initiation of Proceedings 165 The City Council may initiate proceedings to amortize a nonconforming land use or structure. 166 B. Consideration by Zoning Board of Adjustment 167 1. Generally 168 The Zoning Board of Adjustment may require the termination of nonconforming uses of 169 land or structures under a plan whereby the value of the structure and facilities can be 170 amortized within a definite period of time, taking into consideration the general 171 character of the neighborhood and the necessity for all property to conform to the 172 regulations of this DDC. 173 2. Criteria for Determining Amortization Period 174 Before the Zoning Board of Adjustment may determine an amortization period, it shall 175 consider the following factors: 176 a. The owner's capital investment in the structures on the property at the 177 time the use became nonconforming; 178 Exhibit A2 –Subchapter 1 Amendments – Option 2 b. The amount of the investment realized to date from revenue generated 179 by the property and the amount remaining, if any, to be recovered during the 180 amortization period; 181 c. The existence or nonexistence of lease obligations, as well as any 182 contingency clauses therein permitting termination of such leases; 183 d. Removal costs that are directly attributable to the establishment of a 184 termination date; and 185 e. Other costs and expenses that are directly attributable to the 186 establishment of a termination date. 187 3. Cessation of Use 188 If the Zoning Board of Adjustment establishes a termination date for a nonconforming 189 use or structure, the use shall cease operations on that date and the owner shall not 190 operate it after that date unless it becomes a conforming use or structure. 191 1.5.9 Illegal Nonconformities 192 A nonconformity becomes illegal when: 193 A. A nonconforming structure is destroyed or substantially destroyed by an intentional act 194 of the owner or an agent without a proper permit or other required city approval. If this occurs, 195 the nonconforming structure shall lose its nonconforming status and shall be required to 196 conform to existing codes. If a nonconforming use was also in the structure, the nonconforming 197 use and all site improvements shall lose their nonconforming status and be required to come 198 into compliance with existing codes; and 199 B. A use, structure, or site improvement results in a nonconformity without being lawfully 200 authorized in accordance with the provisions of this DDC. Such use and/or structure shall cease 201 operations until the required city approvals are obtained. 202 203 Exhibit A2 –Subchapter 1 Amendments – Option 2 204 Exhibit B –Subchapter 6 Amendments Subchapter 6: Gas Wells 1 6.1 Integrated Provisions 2 6.1.1 Sections 6.2: Gas Well Development, and 6.3: Gas Well Drilling and Production, relating 3 to gas well development are intended as a set of integrated regulations. Each section may 4 incorporate by reference other applicable provisions of this DDC that pertain to gas well 5 development. 6 6.1.2 Section 6.3: Gas Well Drilling and Production, contains definitions that apply to all 7 provisions regulating gas well development, and identifies impact mitigation standards and 8 other general standards that apply to gas well development. 9 6.1.3 In addition to this Subchapter, Subchapter 5: Use Regulations, establishes zoning 10 classifications for gas well development and Section 2.6.6, Gas Well Development Plat, 11 establishes platting requirements and procedures for gas well development. 12 6.2 Gas Well Development 13 6.2.1 Purpose, Authority and Applicability 14 A. Purpose 15 The drilling and production of gas and the development of gas well facilities within the 16 corporate limits of the City necessitate promulgation of reasonable regulations to prevent 17 devaluation of property; to protect watersheds; to ensure that Gas Well Drilling and Production 18 Activities are compatible with adjacent land uses throughout the duration of such activities; and 19 to assure that such activities conform to The Denton Plan. The regulations contained in Section 20 6.2: Gas Well Development; Subchapter 8: Subdivisions; and Section 6.3: Gas Well Drilling and 21 Production, are designed to protect the health, safety, and general welfare of the public and to 22 assure that the orderly and practical development of mineral resources is compatible with the 23 quiet enjoyment of affected surface estates. The regulations contained in Section 6.2: Gas Well 24 Development; Subchapter 8: Subdivisions; and Section 6.3: Gas Well Drilling and Production, are 25 designed to implement the purposes set forth in this subsection and are supported by the 26 following findings of fact: 27 1. Gas Well Drilling and Production Activities create externalities that potentially 28 threaten the health, safety and general welfare of persons residing or working on 29 property in proximity to such operations. 30 2. Gas Well Drilling and Production Activities, in the absence of local regulatory 31 controls, may emit high noise levels, produce large volumes of dust, congest local 32 streets, present fire hazards and produce other deleterious effects, all of which fall 33 disproportionately on adjacent land uses, and which can result individually or 34 cumulatively in injury to persons, destabilization of property values, and inhibit the 35 quiet peace and enjoyment of surface uses of real property in the vicinity of such 36 operations. 37 Exhibit B –Subchapter 6 Amendments 3. The City of Denton recognizes that the United States and the State of Texas 38 primarily regulate Gas Well Drilling and Production Activities. Moreover, with the 39 enactment of House Bill 40 on May 18, 2015 (Texas Natural Resources Code, Sec. 40 81.0523), the State of Texas has exclusive jurisdiction over Gas Well Drilling and 41 Production Activities. Municipalities are preempted from regulating said activities 42 except as allowed in Sec. 81.0523(c), which expressly provides that a municipality has 43 authority to regulate certain aspects of aboveground activity related to oil and gas 44 operations. The regulations in this Subchapter are intended to regulate under such 45 authority, in order to implement compatible local objectives that assure the health, 46 safety and general welfare of the City's residents and businesses. 47 4. The proliferation of gas wells and Drilling and Production Sites within the City of 48 Denton creates conflicts between such developments and other existing and future 49 surface uses of the property. In order to assure the compatibility of residential, 50 commercial and industrial uses with gas well development, it is necessary for the City to 51 separate Gas Well Development from other surface uses within the City. 52 B. Authority 53 This Subchapter 6: Gas Wells, is adopted pursuant to authority vested under the constitution 54 and laws of the United States, the State of Texas and the City of Denton. Each authorization 55 identified in this Subchapter 6: Gas Wells, shall be construed as an exercise of the City's zoning 56 powers, pursuant to the Denton City Charter, TLGC Chapters 211 and 212 and the provisions of 57 Subchapter 3: Zoning Districts of this DDC, as well as an exercise of its authority granted by 58 Section 81.0523(c) of the Texas Natural Resources Code. 59 C. Applicability 60 The provisions of Section 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and 61 Production, apply only within the corporate limits of the City of Denton, except as otherwise 62 expressly stated therein. 63 6.2.2 Required Authorization for Gas Well Development in City Limits 64 A. Zoning District Classifications for Gas Well Development 65 1. Gas well development is classified as an industrial land use in all zoning districts. 66 2. Gas well development is permitted as set forth in Table 5.2 A: Table of Allowed 67 Uses of the DDC, subject to the use-specific standards in Section 5.3: Use-Specific 68 Standards, of the DDC and the standards in Section 6.3: Gas Well Drilling and 69 Production. Gas well development also is permitted if authorized by a Master Planned 70 Community ("MPC") or Planned Development ("PD") District. 71 3. In order to foster compatible land use within zoning districts, Gas Well 72 Development within the corporate limits of the City will be subject to reasonable 73 setbacks from Protected Uses and Residential Subdivisions, which vary according to the 74 types of uses authorized in each district. Because many gas wells are already in close 75 Exhibit B –Subchapter 6 Amendments proximity to existing Protected Uses or Residential Subdivisions, setbacks standards 76 within districts will vary according to whether the proposed Gas Well Development 77 takes place on an Existing Site or a new site. 78 4. A Drilling and Production Site Setback is the distance that the site must be 79 separated by an Operator from an existing Protected Use or Residential Subdivision. A 80 Reverse Setback is the distance that a Protected Use or Residential Subdivision must be 81 separated by a surface owner from an approved Drilling and Production Site. A 82 Minimum Setback is the minimum distance of separation between a Drilling and 83 Production Site and a Protected Use or Residential Subdivision after a waiver or variance 84 is granted to reduce the setback requirement. A Minimum Reverse Setback is the 85 minimum distance a Protected Use or residential lot must be separated by a surface 86 owner from an approved Drilling and Production Site or from a gas well within such site 87 after administrative relief or a variance is granted to reduce the reverse setback 88 requirement. 89 B. Setbacks by Zoning District Classification 90 New Gas Well Drilling and Production Sites. Setbacks from Protected Uses and Residential 91 Subdivisions for new Drilling and Production Sites, Reverse Setbacks and Minimum Setbacks 92 shall be as follows. In order to reduce Drilling and Production Site Setbacks, the procedures 93 outlined in Subsection 6.2.3, General Permit Requirements for New and Existing Gas Well Sites, 94 shall be followed. 95 1. For new Drilling and Production Sites authorized in the RR, R1, R2, R3, R4, R6, 96 R7, MN, MD, MR, SC, HC, GO, and PF districts, except in MPC or PD Districts: 97 a. Drilling and Production Site Setbacks: 1,000 feet. 98 b. Minimum Setbacks: 500 feet. 99 c. Reverse Setbacks: 500 feet. 100 d. Minimum Reverse Setback: 250 feet. 101 2. For new Drilling and Production Sites authorized in the LI and HI zoning districts: 102 a. Drilling and Production Site Setbacks: 250 feet. 103 b. Minimum Setbacks: 250 feet. 104 c. Reverse Setbacks: 500 feet. 105 d. Minimum Reverse Setback: 250 feet. 106 Where a proposed Drilling and Production Site in the LI or HI zoning district is 107 contiguous to the boundary of a district subject to the setbacks in Subsection B(1) 108 above, the Drilling and Production Site Setback shall be 500 feet from Protected Uses or 109 Residential Subdivisions within the adjacent district, the Reverse Setback shall be 500 110 feet, and the Minimum Setback and Minimum Reverse Setback shall be 250 feet. 111 Exhibit B –Subchapter 6 Amendments 3. For new Drilling and Production Sites in PD Districts and MPC Districts, Drilling 112 and Production Site Setbacks and Reverse Setbacks shall be as provided in the PD 113 District or MPC District regulations or as provided in subsequent site-specific 114 applications approved prior to August 4, 2015. The Drilling and Production Site Setbacks 115 and Reverse Setbacks in Subsection B(1) above shall apply to any setback not specified 116 in the MPC or PD District regulations or in subsequent site-specific applications 117 approved prior to August 4, 2015. 118 C. Setbacks for Existing Gas Well Sites 119 1. For Existing Drilling and Production Sites in the LI or HI zoning district: 120 a. Drilling and Production Site Setbacks: 250 feet. 121 b. Minimum Setbacks: 250 feet. 122 c. Reverse Setbacks: 500 feet. 123 d. Minimum Reverse Setback: 250 feet. 124 2. For Existing Drilling and Production Sites in all other districts, except in MPC or 125 PD Districts: 126 a. Drilling and Production Site Setbacks: 500 feet. 127 b. Minimum Setbacks: 250 feet. 128 c. Reverse Setbacks: 500 feet. 129 d. Minimum Reverse Setback: 250 feet. 130 3. For Existing Drilling and Production Sites in MPC or PD Districts, setbacks shall 131 be as provided in the MPC or PD District regulations, or as provided in subsequent site-132 specific applications approved prior to August 4, 2015. The Drilling and Production Site 133 Setbacks and Reverse Setbacks in Subsection C(2) above shall apply to any setback not 134 specified in the MPC or PD District regulations, or in subsequent site-specific 135 applications approved prior to August 4, 2015. 136 In order to reduce Drilling and Production Site Setbacks, the procedures outlined in 137 Subsection 6.2.3, General Permit Requirements for New and Existing Gas Well Sites shall 138 be followed. 139 D. Measurement of Setbacks 140 1. A Drilling and Production Site Setback shall be measured from the actual or 141 proposed boundaries of the Drilling and Production Site in a straight line, without regard 142 to intervening structures or objects, to the closest exterior point of any structure 143 occupied or utilized by a Protected Use or any residential lot boundary line on an 144 approved Residential Subdivision plat when not currently occupied by a Protected Use. 145 Exhibit B –Subchapter 6 Amendments 2. The Reverse Setback shall be measured from the closest exterior point of the 146 proposed structure to be occupied or utilized by a Protected Use or residential lot, in a 147 straight line, without regard to intervening structures or objects, to the closest 148 boundary designated for the approved Gas Well Development Site Plan, or, if no Gas 149 Well Development Site Plan has been approved for the site, from the closest boundary 150 of the Existing Drilling and Production Site. For a proposed Residential Subdivision plat, 151 the Reverse Setback shall be measured from any undeveloped residential lot boundary 152 to the closest boundary designated for the approved Gas Well Development Site Plan, 153 or, if no Gas Well Development Site Plan has been approved for the site, from the 154 closest boundary of the Existing Drilling and Production Site. 155 3. For the purposes of setback measurements at public parks, measurements shall 156 be taken from any improvement such as a building, playground equipment, pool, splash 157 pad, regulation area of a permanent ball field or court, or pavilion. This definition does 158 not include flatwork such as parking lots, sidewalks, or trails. 159 4. The Reverse Setback for all other proposed Habitable Structures shall be the 160 distance prescribed by the Fire Code. No permanent Habitable Structure, however, shall 161 be located within the boundaries of a Drilling and Production Site. 162 E. Compliance with Fire Code Setbacks 163 In the event of any conflict between the setback provisions established by this Section 6.2: Gas 164 Well Development, and any setback provisions established by the Fire Code, as now adopted or 165 hereafter amended by the City of Denton, whichever provision provides for the larger setback 166 shall control. 167 F. Protected Use Setbacks 168 After the effective date of this amendatory ordinance, a property owner who constructs a 169 Protected Use must maintain a distance of 300 feet between the closest exterior point of the 170 proposed structure to be occupied by the Protected Use and any equipment on a Drilling and 171 Production Site that produces or stores flammable or combustible liquid or gas, to assure 172 efficient emergency response operations. After such date, an Operator who locates any 173 equipment that produces or stores flammable or combustible liquid or gas on a Drilling and 174 Production Site must maintain a distance of 300 feet between such equipment and the closest 175 exterior point of a structure occupied by a Protected Use. 176 6.2.3 General Permit Requirements for New and Existing Gas Well Sites 177 A. Permit Procedure Tracks 178 1. Gas Well Development Site Plan Required for Authorization of Multiple Wells 179 a. Other than for pending permit applications excepted from these regulations 180 under Subsection6.2.3E: Legal Non-Conformity; Exceptions, no Gas Well Permit shall be 181 issued until a Drilling and Production Site has been established through approval of a 182 Gas Well Development Site Plan for the well site. For an Existing Drilling and Production 183 Exhibit B –Subchapter 6 Amendments Site for which no Gas Well Development Site Plan has been approved, an Operator must 184 obtain approval for a Gas Well Development Site Plan under these regulations before 185 any additional wells may be permitted on the site, except as provided in Subsection 186 6.2.4A.1.b. 187 b. In order to satisfy the setback requirements of Subsection 6.2.2, Required 188 Authorization for Gas Well Development in City Limits, an Operator must use the 189 procedures for approval of a Gas Well Development Site Plan set forth in subsections 190 A(2), A(3), or A(4) of this Section. 191 c. Once a Gas Well Development Site Plan has been approved, Drilling and 192 Production Site Setback requirements will not apply to individual Gas Well Permit 193 applications authorized by the approved Gas Well Development Site Plan. No variance 194 or waiver from the setback for the Drilling and Production Site shall be required for 195 subsequent wells. 196 d. A new Gas Well Permit must be obtained for each well authorized by an 197 approved Gas Well Development Site Plan. 198 e. Once a Gas Well Development Site Plan has been approved for an Existing 199 Drilling and Production Site shown on a gas well development plat, such plat shall have 200 no further force and effect with respect to that Drilling and Production Site. 201 2. Procedures for Drilling and Production Sites that Meet Setback Requirements 202 For a New or Existing Drilling and Production Site that meets the setback requirements in 203 Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, an Operator 204 may apply for a Gas Well Development Site Plan pursuant to Subsection 6.2.4: Gas Well 205 Development Site Plans. 206 3. Procedures for Drilling and Production Sites That Do Not Meet Setback Requirements 207 For a New or Existing Drilling and Production Site that does not meet the setback requirements 208 in Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, the 209 Operator may seek a waiver from 100 percent of the owners of Protected Uses and the owners 210 of lots in Residential Subdivisions within the Drilling and Production Site Setback pursuant to 211 Subsection 6.2.6A. In the alternative, the Operator may apply for a variance from the setback 212 requirement from the Board of Adjustment pursuant to Subsection 6.2.6B. In the alternative, for 213 qualified Drilling and Production Sites, the Operator may obtain a reduction in the site setback 214 using incentive procedures in Subsection 6.2.6C. The Minimum Setback requirements under 215 Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, shall apply. 216 The notice provisions of Subsection 6.3.7A apply to proceedings under this subsection. Once a 217 setback has been reduced through waivers or variance procedures, the Operator may apply for 218 a Gas Well Development Site Plan pursuant to Subsection 6.2.4. 219 4. Special Procedures for Setbacks in PD and MPC Districts 220 Exhibit B –Subchapter 6 Amendments a. The Operator and the surface owner of land in a PD or MPC District may present 221 a unified plan that assures the compatibility of surface development and Gas Well 222 Development of the property, taking into consideration setbacks from Protected Uses 223 and Residential Subdivisions, traffic circulation and access, fire safety and emergency 224 response, noise and light mitigation and other factors necessary to achieve compatibility 225 of land uses. The plan may establish different Drilling and Production Site and Reverse 226 Setbacks that vary from those prescribed in Subsection 6.2.2, Required Authorization for 227 Gas Well Development in City Limits. The plan if approved by the City Council shall be 228 incorporated into the zoning district regulations. 229 b. Where the Drilling and Production Site and Reverse Setbacks for Existing Sites 230 within a PD or MPC district are less than the minimums set forth in Subsection 6.2.2, 231 Required Authorization for Gas Well Development in City Limits, no amendments to the 232 zoning district regulations for surface development or gas well development shall be 233 approved by the City Council unless the setbacks are conformed to the requirements of 234 this Section or a compatibility plan is presented and approved pursuant to paragraph 235 (4)(a) above. 236 5. Procedures for Protected Uses or Residential Lots that Do Not Meet Reverse Setback 237 Requirements 238 For a new Protected Use or residential lot that does not meet the setback requirements 239 in Subsection 6.2.2, Required Authorization for Gas Well Development in City Limits, the 240 property owner may apply for administrative relief using the alternative design 241 standards in 6.2.6C.2a, if applicable, or for a variance from the Reverse Setback 242 requirement from the Board of Adjustment pursuant to Subsection 6.2.6B. 243 B. Sequence of Gas Well Permits 244 The Operator must comply with all rules and regulations of the Fire Code and all other law, rules and 245 regulations applicable to gas well operations, including, but not limited to, the following provisions. No 246 Drilling or Production Activities may commence within the City limits until the following authorizations 247 have been obtained, in the following sequence: 248 1. Approval of a Gas Well Development Site Plan pursuant to Subsection 6.2.4, for new 249 sites. Upon approval of a Gas Well Development Site Plan, the Operator may commence 250 construction of a Drilling and Production Site. No disturbance of the land is allowed until a Gas 251 Well Development Site Plan is obtained. 252 2. The Operator shall obtain a Gas Well Permit for each new gas well on such site pursuant 253 to the application requirements and standards of Subsection 6.2.5. 254 3. Approval of a Temporary Above-Ground Storage Tank Permit from the Denton Fire 255 Department. 256 4. Approval of Gas Well Operational Permit from the Denton Fire Department. 257 Exhibit B –Subchapter 6 Amendments 5. When all approvals contained in paragraphs (1) through (4) above have been obtained, 258 applicant may commence Initial Drilling Activities. 259 6. Approval of a Flammable and Combustible Liquids Construction Permit from the Denton 260 Fire Department. 261 7. Approval of a Flammable and Combustible Liquids Operational Permit from the Denton 262 Fire Department. 263 8. When all approvals contained in paragraphs (1) through (7) above have been obtained, 264 applicant may commence Completion Operations and Production Activities. 265 9. Approval of an Open Flame Operational Permit from the Denton Fire Department for 266 flaring activities during any stage of operation. 267 10. New Drilling or Production Activities on an existing Drilling and Production Site that is 268 subject to an approved Watershed Permit, or on sites which required a Watershed Permit under 269 prior regulations, but for which site no Watershed Permit was issued, are subject to the 270 requirements of Subsection 6.3.9D. 271 11. The applications for any authorization for gas well drilling and production listed in this 272 Subsection B must be submitted and approved in the numerical order listed. No subsequent 273 application shall be determined to be complete and hereby is deemed to be incomplete until all 274 required prior applications have been approved, and no completeness determination shall be 275 made until such prior applications have been approved. 276 C. Expiration of Permits, Plans 277 Applications for gas well drilling and production shall expire under the following circumstances: 278 1. A Specific Use Permit which was approved under prior gas well regulations expires 279 according to its terms, or pursuant to DDC, paragraph 2.5.2C.6: Step 6: Post-Decision Actions 280 and Limitations. 281 2. A Watershed Protection Permit, if applicable, expires with the expiration of a Gas Well 282 Development Site Plan. 283 3. A Gas Well Development Site Plan for a new Drilling and Production Site expires unless a 284 complete application for a Gas Well Permit has been filed within one year of the date of 285 approval of the Site Plan, or no drilling and production activities have occurred on the Drilling 286 and Production Site for a period of three years. A Gas Well Development Site Plan for an Existing 287 Site does not expire, unless no drilling and production activities have occurred on the site for a 288 period of two years after all wells on the site have been plugged and abandoned. 289 4. A Gas Well Permit expires if Initial Drilling Activities have not commenced within one 290 year of the date of approval of the Gas Well Permit. 291 5. Following expiration of an approved application for gas well drilling and production, a 292 new application must be submitted. 293 Exhibit B –Subchapter 6 Amendments D. Requirements are in Addition to Other Permits 294 The authorizations required by this Subchapter are in addition to, and not in lieu of, any permits that 295 may be required by any other provision of the Denton City Code, DDC or any other government agency. 296 E. Legal Non-Conformity; Exceptions 297 1. Non-Conformities 298 The provisions of Section 1.5, Nonconformities, are applicable to gas well drilling and production 299 activities, except as provided hereinafter. 300 a. For purposes of Section 1.5, Nonconformities, the drilling of a new gas well and 301 associated Production Activities do not constitute an existing lawful use. 302 b. The amendment of Table 5.2 A: Table of Allowed Uses and use-specific 303 standards in Section 5.3: Use-Specific Standards, to provide for gas well Drilling and 304 Production Activities shall not render non-conforming any Workover Operations, Drilling 305 Activities or Production Activities for an existing well conducted on an Existing Drilling 306 and Production Site, if such activities were authorized under a gas well permit that was 307 approved by the Gas Well Administrator pursuant to gas well regulations in effect prior 308 to the effective date of this amendatory ordinance. 309 c. The adoption of this amendatory ordinance or the application of such 310 regulations to an Existing Drilling and Production Site shall not render non-conforming 311 any Workover Operations, Drilling Activities or Production Activities for an existing well 312 on such site, if such activities were authorized under a gas well permit that was 313 approved by the Gas Well Administrator prior to the effective date of this amendatory 314 ordinance. 315 2. General Exceptions 316 The standards or procedures implemented by this amendatory ordinance shall not affect the 317 processing and approval or disapproval of an application for a gas well permit that was pending 318 for decision on the effective date of this amendatory ordinance, or any subsequent permit 319 applications for the same gas well, or for a gas well for which a gas well permit was approved 320 prior to the effective date of this amendatory ordinance, except to the extent necessary to give 321 effect to Subsection 6.2.3E. For purposes of Subsection 6.2.3E.2, an amended Gas Well 322 Development Site Plan application is not a subsequent permit application. 323 a. Authorizations or applications excepted under Subsection 6.2.3E.2. are subject 324 to all gas well drilling and production standards in effect immediately prior to the 325 effective date of this amendatory ordinance. 326 b. To the extent that any exception provided under Subsection 6.2.3E.2 is 327 dependent on an application pending on the effective date of an amendatory ordinance, 328 such application must have been approved subsequently in order for the exception to 329 apply. 330 Exhibit B –Subchapter 6 Amendments c. City shall, prior to annexation, provide notice of the City's intent to annex to 331 each Operator affected by the annexation. Every Operator of a Drilling and Production 332 Site that has been annexed into the City shall register the Drilling and Production Site 333 not later than three days after the effective date of the annexation by contacting the 334 Gas Well Administrator to ensure that gas well development plats and gas well locations 335 are on file with the City. If they are not, the Operator shall provide the City with a copy 336 of a gas well development plat and gas well location information. 337 F. General Application Standard 338 In additional to any other remedies available at law or in equity, the City may initiate proceedings to 339 revoke any site plan, permit, variance or special exception approved pursuant to this Section 6.2: Gas 340 Well Development, upon discovery that the applicant supplied false, fraudulent or misleading 341 information that was material to approval of the application under the standards applicable to the 342 permit, variance or special exception. All site plan or permit applications or requests for relief to the 343 Board of Adjustment or requests for waivers shall be verified. 344 6.2.4 Gas Well Development Site Plans 345 A. Gas Well Development Site Plan 346 1. Applicability 347 a. A Gas Well Development Site Plan approved under this amendatory ordinance is 348 required to authorize multiple gas wells on a Drilling and Production Site and must be 349 approved prior to issuance of any Gas Well Permit for any new well on the site. 350 b. Notwithstanding subsection A, new wells identified on an approved Existing Gas 351 Well Development Site Plan may be permitted in accordance with the gas well 352 ordinance regulations in effect immediately prior to the effective date of this 353 amendatory ordinance. 354 c. A gas well development plat is not an Existing Gas Well Development Site Plan. 355 d. A Gas Well Development Site Plan is not required to authorize Workover 356 Operations, Drilling Activities or Production Activities for an existing gas well for which a 357 gas well permit was issued prior to the effective date of this amendatory ordinance. 358 2. Application Requirements 359 a. A cover page that includes a vicinity map of the Drilling and Production Site; a 360 Sheet Index that identifies the number of Exhibits with titles for each (exhibit titles shall 361 begin with the word 'Exhibit' and include the respective letter); the Project Title; the 362 date of preparation; the preparer, Operator, and property owner's names; space for the 363 City project number; and a signature block for both the Gas Well Administrator and the 364 City Secretary. 365 b. A mapping exhibit with an accurate legal description of the Drilling and 366 Production Site that was prepared and certified by a Registered Professional Land 367 Exhibit B –Subchapter 6 Amendments Surveyor of the State of Texas. Provide closure sheet of bearings and distances used in 368 legal description. The exhibit shall include exact location, dimension, and description of 369 all existing public, proposed, or private easements, and public rights-of-way within the 370 lease area, intersecting or contiguous with its boundary, or forming such boundary. 371 Describe and locate all permanent survey monuments, pins, and control points and tie 372 and reference the survey corners to the Texas State Plane Coordinate System North 373 Central Zone 1983-1999 datum. Provide proposed pipeline route—note that a separate 374 application may be necessary if the proposed route encroaches onto any public 375 easement, right-of-way or land owned by the City of Denton. 376 c. The maximum size of a proposed Drilling and Production Site shall be three 377 acres, unless the Operator can demonstrate to the City at the time of filing of a Gas Well 378 Development Site Plan application that: (i) the surface owner(s) has agreed to a larger 379 site via a written agreement that will be recorded by the Operator in the Denton County 380 records, (ii) the surface owner is subject to a covenant in a written instrument, or 381 memorandum thereof, recorded prior to August 4, 2015, that authorizes a larger site, or 382 (iii) the Operator can demonstrate that a larger site is needed to accommodate the 383 planned gas well operations based upon the acreage that the Operator presently has 384 under the mineral lease; provided that no new Drilling and Production Site authorized 385 under (i), (ii) or (iii) may exceed seven acres, unless authorized by the Board of 386 Adjustment. For a Gas Well existing on the effective date of this amendatory ordinance, 387 evidence that the current Drilling and Production Site is greater than the maximum size 388 shall be sufficient proof to demonstrate that a larger site is needed to accommodate the 389 planned gas well operations proposed by the Gas Well Development Site Plan. A gas 390 well development plat is neither a written agreement nor a written instrument or 391 memorandum within the meaning of this subsection. 392 d. A map showing the distance from the boundaries of the Drilling and Production 393 Site from all Protected Uses and Residential Subdivisions. If the separation distance(s) 394 from Protected Uses and Residential Subdivisions do not meet the setback requirements 395 of Subsection 6.2.2, the application also must include a copy of the waivers approved 396 pursuant to Subsection 6.2.6A, or the approval of a setback variance approved by the 397 Board of Adjustment pursuant to Subsection 6.2.6B. If the Operator seeks to qualify the 398 proposed Drilling and Production Site for an administrative waiver pursuant to 399 Subsection 6.2.6C, the information therein required shall be submitted with the 400 application for site plan approval. 401 e. A site plan of the Drilling and Production Site, capable of being recorded, 402 showing clear site boundary lines and the location of all on-site improvements and 403 equipment, including: tanks, pipelines, compressors, separators, and other 404 appurtenances in relation to the boundaries of the site. 405 f. A legal description of the proposed Drilling and Production Site. 406 g. An Erosion and Sediment Control Plan. Such exhibit must include contact 407 information, a physical site description including: land uses; general vegetation and 408 Exhibit B –Subchapter 6 Amendments surface water in near proximity; topography/contour lines both pre- and post-409 construction; hydrologic analysis including: stormwater directional flow, outfalls, water 410 well related structures and water sources; receiving waters; soils; project narrative with 411 general timeline; well pad site plan including: fueling areas, waste disposal containers, 412 hazardous materials storage, and product and condensate storage tanks, soil 413 stabilization and erosion control measures including: list of selected stormwater 414 measures, site map of selected stormwater measures, locations and final stabilization 415 plans; solid waste management plan, septic/portolet location; and maintenance plan for 416 stormwater controls including schedule and transfer of ownership provision. See Gas 417 Well Erosion and Sediment Control Plan Guidance Document for details. 418 h. An Access and Transportation Plan identifying the points of access and routes to 419 be followed on the road network supporting gas well development on the Drilling and 420 Production Site over time, and the internal circulation plan for the property containing 421 the proposed site, including provisions to protect vehicle access to Neighborhood 422 Streets. The Plan shall contain specifications for construction of the access road(s) and 423 on-site fire lanes that meet the standards for emergency access set forth in paragraph 424 6.3.2E. A map showing transportation route and road for equipment, supplies, 425 chemicals, or waste products used or produced by the gas well operation shall be 426 included. The map shall illustrate the length of all public roads that will be used for site 427 ingress and egress The water source proposed for both the drilling and fracturing stages 428 shall be identified in the Plan, together with a designation whether the water is to be 429 hauled or piped to the site. 430 i. A Landscape Plan. The project review planner will determine if a buffer is 431 required based on the adjacent land use(s). If the planner determines a buffer is 432 required, then a landscape plan must be submitted in accordance with the City of 433 Denton's Landscape Plan Checklist. Not every Drilling and Production Site requires a 434 landscape plan. 435 j. A Tree Inventory and Preservation and Mitigation Plan. For sites with trees, a 436 Tree Inventory and a Preservation Plan and Mitigation Plan pursuant to DDC, Subsection 437 7.7.4: Tree Preservation will be submitted. 438 k. A copy of any prior approvals required, including conditions imposed, such as a 439 specific use permit (SUP) or watershed protection permit; 440 l. A Noise Management Plan, prepared in accordance with paragraph 6.3.2F.2; 441 and 442 m. Proof of issuance of Notice of Activities pursuant to paragraph 6.3.7A.1. 443 3. Procedures and Criteria 444 a. Processing of Application 445 Exhibit B –Subchapter 6 Amendments An application for a Gas Well Development Site Plan shall be processed in accordance 446 with the requirements of Subsection 2.6.6: Gas Well Development Plat, and shall be 447 decided by the Gas Well Administrator. 448 b. Criteria 449 The Gas Well Administrator shall approve the application if it meets the following 450 standards: 451 i. The site meets the setback requirements of Subsection 6.2.2, a waiver 452 has been granted or a variance from such standards has been approved by the 453 Board of Adjustment or the Gas Well Administrator. 454 ii. The application is consistent with any applicable SUP, MPC or PD site 455 specific authorization, or Watershed Protection Permit and any conditions 456 incorporated therein. 457 iii. The application meets applicable requirements of Subsection6.3.2. 458 iv. The size of the Drilling and Production Site can accommodate the 459 number of wells proposed. 460 v. The site is adequately served by a road network, does not take access 461 from any Neighborhood Street, and road remediation fees have been paid. 462 vi. Notice of the application has been posted pursuant to Subsection 6.3.7. 463 c. Conditions 464 The Gas Well Administrator may impose conditions that assure compliance with the 465 terms of the prior approvals or standards of this Subchapter. 466 4. Effect 467 The approval of a Gas Well Development Site Plan authorizes the Operator to apply for a Gas 468 Well Permit for each well authorized by the Site Plan and other permits required before 469 commencement of Drilling Activities on the Drilling and Production Site. 470 5. Recordation 471 An approved Gas Well Development Site Plan must be recorded by the Operator in the Denton 472 County Records prior to the issuance of a Gas Well Permit. 473 B. Amended Gas Well Site Plan 474 1. If the Operator proposes to do any of the following, an Amended Gas Well Development 475 Site Plan shall be required. The applications shall be reviewed and decided in the same manner 476 as the original application. 477 a. Relocate the boundaries of the Drilling and Production Site. 478 b. Expand the boundaries of the Drilling and Production Site. 479 Exhibit B –Subchapter 6 Amendments c. Change the layout of the structures or appurtenances within the boundaries of 480 the approved Drilling and Production Site. 481 d. Change the access road(s) or the location of the access road(s). 482 2. The application shall be reviewed and decided in the same manner as the original 483 application for the Drilling and Production Site. 484 3. The setback requirements of Subsection 6.2.2 shall apply to activities described in 485 paragraphs 6.2.4B.1.a and 6.2.4B.1.b above. 486 4. An approved Amended Gas Well Development Site Plan shall be recorded as required by 487 paragraph 6.2.4A.5 above. 488 C. Expiration and Extension of Gas Well Development Site Plans 489 1. A Gas Well Development Site Plan for a new Drilling and Production Site expires unless a 490 complete application for a Gas Well Permit has been filed within one year of the date of 491 approval of the Site Plan, or no drilling and production activities have occurred on the Site for a 492 period of three years. 493 2. A Gas Well Development Site Plan for an Existing Site does not expire, unless no drilling 494 and production activities have occurred on the site for a period of two years after all wells on 495 the site have been plugged and abandoned. 496 3. An Operator may seek a special exception from the Board of Adjustment pursuant to 497 paragraph 6.2.6B for a one-year extension of the expiration date for a Gas Well Development 498 Site Plan for a new Drilling and Production Site. 499 6.2.5 Gas Well Permits 500 A. Applicability and Exceptions 501 1. Any person, acting for himself or acting as an agent, employee, independent contractor, 502 or servant for any person, shall not engage in Initial Drilling Activities within the corporate limits 503 of the City without first obtaining a Gas Well Permit. 504 2. A Gas Well Permit shall be required for each well. No Gas Well Permit shall be issued for 505 multiple wells. 506 3. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means 507 geologic or geophysical activities, including, but not limited to surveying and seismic exploration 508 not involving explosive charges, related to the search for oil, gas, or other sub-surface 509 hydrocarbons. A seismic permit is required for impact-based exploration. 510 4. A Gas Well Permit shall constitute authority for Initial Drilling Activities, Completion 511 Operations, Production Operations, Workover Operations and Redrilling with proper notice 512 pursuant to Subsection 6.3.7. 513 5. By acceptance of any Gas Well Permit issued pursuant to this section, the Operator 514 expressly stipulates and agrees to be bound by and comply with the provisions of this Section 515 Exhibit B –Subchapter 6 Amendments 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and Production, of this DDC. The 516 terms of such provisions shall be deemed to be incorporated in any Gas Well Permit issued 517 pursuant to this section with the same force and effect as if such gas well development 518 regulations were set forth verbatim in such Gas Well Permit. 519 6. A Gas Well Permit is not required to authorize Workover Operations, Drilling Activities 520 or Production Activities for an existing well conducted on an Existing Site, if such activities were 521 authorized under a gas well permit approved by the Gas Well Administrator pursuant to gas well 522 regulations in effect prior to the effective date of this amendatory ordinance; provided that 523 nuisance and sound mitigation requirements under paragraph 6.3.2F.1 and paragraph 6.3.2F.2 524 and notice requirements under Subsection 6.3.7C shall apply to such activities. An Operator is 525 not relieved from the obligation to obtain additional Fire Code permits for such activities. 526 B. Application Requirements 527 Applications for Gas Well Permits shall include the following: 528 1. File marked copy of recorded Gas Well Site Development Plan; 529 2. A completed application and permit form provided by the City that is signed by the 530 applicant; 531 3. The application fee; 532 4. Upon completion of construction of the Drilling and Production Site, a copy of the As-533 built Gas Well Development Site Plan; 534 5. A copy of the permit issued by the RRC and corresponding API number; 535 6. Well and Operator information; 536 7. Description of work to be performed; 537 8. Anticipated start date; 538 9. Water source to be used for Completion Operations; 539 10. Verification that notices were provided in accordance with Subsection 6.3.7B; and 540 11. Proof of insurance and security. 541 C. Procedures and Criteria 542 1. Filing of Application 543 All applications for Gas Well Permits shall be filed with the Department. Incomplete applications 544 shall be returned to the applicant, in which case the City shall provide a written explanation of 545 the deficiencies. The City shall retain a processing fee determined by ordinance. The City may 546 return any application as incomplete if there is a dispute pending before the Railroad 547 Commission regarding the identity or authority of the Operator for the gas well. 548 2. Criteria 549 Exhibit B –Subchapter 6 Amendments The Gas Well Administrator shall approve the application if it meets the following standards: 550 a. The application is consistent with the approved Gas Well Development Site Plan 551 and any conditions incorporated therein. 552 b. The application meets applicable standards of Section6.3. 553 c. The application is in conformance with the insurance and security requirements 554 set forth in Subsection 6.3.3 and Subsection 6.3.4. 555 3. Conditions 556 The Gas Well Administrator shall not approve a Gas Well Permit until after the Operator has 557 provided: 558 a. The security and insurance required by Subsections 6.3.3 and 6.3.4; 559 b. Payment of the required Road Damage Remediation Fee that will obligate the 560 Operator to repair damage excluding ordinary wear and tear, if any, to public streets, 561 including but not limited to, damage to bridges caused by the Operator or by the 562 Operator's employees, agents, contractors, subcontractors or representatives in the 563 performance of any activity authorized by or contemplated by the approved Gas Well 564 Permit. 565 4. An Operator may obtain a conditional Gas Well Permit contingent upon the submittal of 566 an As-Built Gas Well Development Site Plan that conforms to the approved Gas Well 567 Development Site Plan. The Gas Well Administrator shall review the As-Built submittal within 568 three business days. Upon the written determination of the Gas Well Administrator that the As-569 Built Gas Well Development Site Plan conforms to the legal description as approved in the Gas 570 Well Development Site Plan, the Operator may commence Drilling Activities. 571 5. Contents of Permit 572 Each Gas Well Permit issued by the Gas Well Administrator shall: 573 a. Identify the name of each well and its Operator; 574 b. Specify the date on which the Gas Well Administrator issued each Permit; 575 c. Specify the Permit expiration date; 576 d. Specify that if drilling is commenced before the Permit expires, the Permit shall 577 continue until the well covered by the Permit is abandoned and the site restored; 578 e. Incorporate, by reference, the insurance and security requirements set forth in 579 Subsections 6.3.3 and Subsection 6.3.4; 580 f. Incorporate, by reference, the requirement for periodic reports set forth in 581 Subsection 6.3.6 and for Notice of Activities set forth in Subsection 6.3.7; 582 g. Incorporate the full text of the release of liability provisions set forth in 583 Subsection 6.3.3A; 584 Exhibit B –Subchapter 6 Amendments h. Incorporate, by reference, the conditions of the applicable Watershed 585 Protection Permit to which the Gas Well Permit is subject; 586 i. Incorporate, by reference, the information contained in the Permit application; 587 j. Include the statement that all Drilling and Production Activities are subject to 588 the applicable rules and regulations of the RRC, including the applicable "Field Rules," 589 TCEQ and United States Army Corps of Engineers; 590 k. Contain the name, address, and phone number of the person designated to 591 receive notices from the City; 592 l. Contain the name, address and phone number of the person designated to 593 receive service of process from the City, which person shall be a resident of Texas that 594 can be served in person or by registered or certified mail; 595 m. Incorporate the well's RRC permit number and the American Petroleum 596 Institute (API) number; 597 n. Incorporate, by reference all other applicable provisions set forth in the DDC; 598 o. Contain a notarized statement signed by the Operator, or designee, that the 599 information is, to the best knowledge and belief of the Operator or designee, true and 600 correct; 601 p. Contain a statement that the Operator acknowledges and voluntarily consents 602 to be inspected by the City to ensure compliance with this section, Section 6.3: Gas Well 603 Drilling and Production, and applicable provisions of the DDC, and the Municipal Code of 604 Ordinances; and 605 q. If the Drilling and Production Site has not been constructed, an As-Built Gas Well 606 Development Site Plan must be approved prior to commencement of Drilling Activities. 607 6. Denial of Permit 608 a. The decision of the Gas Well Administrator to deny an application for a Gas Well 609 Permit shall be provided to the Operator in writing within 10 days after the decision, 610 including an explanation of the basis for the decision. 611 b. If an application for a Gas Well Permit is denied by the Gas Well Administrator, 612 nothing herein contained shall prevent a new Gas Well Permit application from being re-613 submitted. 614 D. Expiration of Gas Well Permit 615 1. A Gas Well Permit is valid for a period of one year and shall automatically expire, unless 616 Initial Drilling Activities have commenced prior to such date. 617 2. If a Gas Well Permit has been issued by the City but Initial Drilling Activities have not 618 commenced prior to the expiration date of the Permit, the Permit shall not be extended unless a 619 special exception has been approved by the Board of Adjustment pursuant to Subsection 6.2.6; 620 Exhibit B –Subchapter 6 Amendments however, the Operator may reapply for a new Permit, as long as the Gas Well Development Site 621 Plan remains in effect. 622 E. Transfer of Gas Well Permit 623 A Gas Well Permit may be transferred by the Operator with the written consent of the City if the 624 transfer is in writing signed by both parties, if the transferee agrees to be bound by the terms and 625 conditions of the transferred Permit, if all information previously provided to the City as part of the 626 application for the transferred Permit is updated to reflect any changes, and if the transferee provides 627 the insurance and security required by Subsections 6.3.3 and Subsection 6.3.4. The insurance and 628 security provided by the transferor shall be released if a copy of the written transfer is provided to the 629 City and all other requirements provided in this subsection are satisfied. The transfer shall not relieve 630 the transferor from any liability to the City arising out of any activities conducted prior to the transfer. 631 6.2.6 Relief Measures 632 A. Waiver Procedures for Drilling and Production Site Setback Reductions 633 1. Property Owner Waivers for Drilling and Production Sites 634 An Operator may obtain a reduction in the Drilling and Production Site Setback requirements of 635 Subsection 6.2.2 by procuring written, notarized waivers from 100 percent of the owners of 636 Protected Uses and the owners of lots in Residential subdivisions that are within the required 637 setback. 638 a. Property owner waivers must be in a format approved by the City and shall 639 include an aerial exhibit attached clearly depicting the boundaries of the proposed 640 Drilling and Production Site where well development could occur and the closest 641 dimension to each Protected Use and each lot in the Residential Subdivision for which 642 the waiver is being requested. Signatures are required on both the form and exhibit. 643 b. Written notarized waivers granted by all the property owners within the 644 prescribed setback distance from a Drilling and Production Site must be filed, at the 645 expense of the Operator, in the Denton County records. All waivers must identify the 646 property address, block and lot number, subdivision name and plat volume and page 647 number. Copies of filed property owner waivers must be submitted with the filing of a 648 complete application for a Gas Well Development Site Plan. 649 c. If the Operator fails to obtain written waivers from all property owners within 650 the prescribed Drilling and Production Site Setback, the Operator may submit a request 651 for a variance to the Board of Adjustment pursuant to Subsection 6.2.6B, or a request 652 for an administrative variance, pursuant to Subsection 6.2.6C. 653 2. Effect of Surface Development on Drilling and Production Site Setback Waivers 654 After the effective date of this amendatory ordinance, when a property owner constructs a 655 Protected Use or develops a Residential Subdivision within the Drilling and Production Site 656 Setback for an Existing Site prescribed by Subsection 6.2.2C, such property owner shall be 657 deemed to have granted the Operator a waiver in satisfaction of paragraph (1) requirements 658 Exhibit B –Subchapter 6 Amendments above for that property containing the Protected Use or constituting the Residential Subdivision. 659 This waiver shall apply to all successor property owners. This does not relieve an Operator from 660 obtaining waiver(s) from all other property owners located within the Drilling and Production 661 Site Setback for the Existing Site. 662 3. The notice provisions of Subsection 6.3.7B apply to procedures under this subsection 663 (A). 664 B. Board of Adjustment Proceedings 665 1. The Board of Adjustment shall hear and decide appeals of orders, decisions, or 666 determinations made by the Gas Well Administrator relative to the application and 667 interpretation of this Section 6.2: Gas Well Development, except for vested rights appeals and 668 matters described in paragraph 6.3.8F: Permit Suspension or Revocation, furthermore, the 669 Board of Adjustment shall hear and decide requests for variances to the provisions of this 670 Section 6.2: Gas Well Development, under the relevant criteria set forth below. The Board may 671 also grant special exceptions extending the expiration date of a Gas Well Development Site Plan 672 or a Gas Well Permit for a period not to exceed one year. Any Operator, surface owner, or 673 affected property owner who desires to appeal the decision of the Gas Well Administrator or 674 Director, request a variance, or request a special exception may file the appeal or request to the 675 Board of Adjustment pursuant to Subsection 2.8.1: Variance of the DDC. Appeal fees shall be 676 required for every appeal, variance, or special exception request. For purposes of this Section, 677 the Gas Well Administrator has designated authority from the Director of Planning to make final 678 orders, decisions, or determinations. 679 a. Standard of review for appeals. The members of the Board of Adjustment shall 680 have and exercise the authority to hear and determine appeals where it is alleged there 681 is error or abuse of discretion regarding the approval or denial of a Gas Well 682 Development Site Plan or Gas Well Permit. The Board of Adjustment may reverse or 683 affirm, in whole or in part, or modify the Gas Well Administrator's order, requirement, 684 decision or determination from which an appeal is taken. 685 b. General criteria for review of variances. In deciding requests for variances, the 686 Board of Adjustment shall consider, where applicable, the following relevant criteria: 687 i. Whether there are special circumstances existing on the property on 688 which the application is made related to size, shape, area, topography, 689 surrounding conditions and location that do not apply generally to other 690 property in the vicinity; 691 ii. Whether a variance is necessary to permit the applicant the same rights 692 in the use of his property that are presently enjoyed by other similarly situated 693 properties, but which rights are denied to the property on which the application 694 is made; 695 iii. Whether the granting of the variance on the specific property will 696 adversely affect any other feature of the comprehensive master plan of the City; 697 Exhibit B –Subchapter 6 Amendments iv. Whether the variance, if granted, will be of no material detriment to the 698 public welfare or injury to the use, enjoyment, or value of property in the 699 vicinity; 700 v. Whether the operations proposed are reasonable under the 701 circumstances and conditions prevailing in the vicinity considering the particular 702 location and the character of the improvements located there; and 703 vi. Whether the operations proposed are consistent with the health, safety 704 and welfare of the public when and if conducted in accordance with the Gas 705 Well Development Site Plan or Gas Well Permit conditions to be imposed. 706 2. Standard of Review for Setback Variances 707 a. In deciding requests for variances from Drilling and Production Site Setbacks, 708 the Board of Adjustment shall consider, where applicable and in addition to the general 709 criteria stated in paragraph (1.b) above, the following relevant criteria: 710 i. Whether there is reasonable access for City fire personnel and 711 firefighting equipment, including the ability to safely evacuate potentially 712 affected residents. 713 ii. The extent to which the Operator and the surface owner(s) are in 714 agreement on a plan for development of the property, have provided for 715 adequate access and traffic circulation, and taken measures to promote 716 compatibility of gas well development and other surface development of the 717 property. 718 iii. For a request by an Operator to reduce Drilling and Production Site 719 Setbacks, whether the impact upon adjacent property and the general public 720 from gas well development under the requested setback will be substantially 721 increased, considering: 722 a. The reasonable use of the mineral estate by the mineral estate 723 owner(s) to explore, develop, and produce the minerals; 724 b. The availability of alternative drilling sites; and 725 c. The number of owners of Protected Uses or lots in a Residential 726 Subdivision who are willing to waive the Drilling and Production Site 727 Setback as requested or in modified form. 728 b. In deciding the request for a variance from setback requirements, the Board 729 may approve the request as granted, modify the request, or deny the request. In 730 granting a variance for reduction of a Drilling and Production Site Setback, the Board 731 may impose such conditions as are necessary to mitigate the impacts of the reduced 732 setbacks and to preserve the public health and safety, including but not limited to, the 733 enhanced mitigation standards contained in Subsection 6.3.2G. 734 Exhibit B –Subchapter 6 Amendments c. In deciding requests by a property owner or developer of a Protected Use or 735 residential lot for a variance from Reverse Setbacks that do not meet the requirements 736 for administrative alternative site design approval as described in Subsection 6.2.6.C, 737 the Board of Adjustment shall consider, where applicable and in addition to, the general 738 criteria stated in Section 6.2.6.B.1.b, the following relevant criteria: 739 i. The reasonable use of the surface of the subject property by the property 740 owner or developer; 741 ii. The availability of alternative site designs or subdivision layouts; and 742 iii. Compatibility with any existing Gas Well Development Site Plan or Gas Well 743 Plat. 744 d. In no event shall the Board of Adjustment reduce the Minimum Setbacks set 745 forth in Subsection 6.2.2. 746 3. The Board of Adjustment shall determine whether to grant an extension of the 747 expiration for a Gas Well Development Site Plan or Gas Well Permit based upon whether there 748 are circumstances reasonably beyond the control of the Operator, including any delay on the 749 part of the City in issuing subsequent permits, that justify an extension of the Site Plan or 750 Permits, in order that the Operator may enjoy the same rights in the use of the property that are 751 presently enjoyed by other similarly situated properties, but which rights are denied to the 752 property for which the Site Plan or Permits have expired or are suspended. 753 4. Any action under this subsection B shall require a three-fourths majority vote of the 754 entire Board of Adjustment. 755 5. Any Operator or other person aggrieved by any decision of the Board of Adjustment 756 may present to a court of record a petition, duly verified, stating that such decision is illegal, in 757 whole or in part, and specifying the grounds of the alleged illegality. Such petition shall be 758 presented within 10 days after the date on which the decision of the Board of Adjustment was 759 rendered and not thereafter, and judicial review of the petition shall be pursuant to TLGC, § 760 211.011, as amended. 761 C. Administrative Relief Procedures 762 1. Drilling and Production Site Setbacks. An Operator may request administrative relief to the 763 Drilling and Production Site Setback requirements of Subsection 6.2.2 for a New or Existing Site 764 from the Gas Well Administrator under the following circumstances: 765 a. The Operator has at least one Existing Site on the property under mineral lease 766 for the property or for contiguous leased property; 767 b. Such Existing Site(s) is located closer to Protected Uses or Residential 768 Subdivisions than is the proposed Drilling and Production Site to such uses; and 769 Exhibit B –Subchapter 6 Amendments c. The Operator agrees in a written instrument capable of recording to limit gas 770 well development on such Existing Site(s) to existing Gas Well Drilling and Production 771 Activities. 772 For each Existing Site so restricted, the Gas Well Administrator may reduce the Drilling and 773 Production Site Setback by an amount calculated as follows: 50 percent of the difference 774 between the Drilling and Production Site Setback and the Minimum Setback. As a condition of 775 granting the administrative variance, the Gas Well Administrator shall require that the 776 Operator's written agreement be recorded in the Denton County records at the Operator's 777 expense. 778 2. Reverse Gas Well Setbacks. The Director may grant administrative relief from the Reverse 779 Setback requirements of Section 6.2.2 upon application of the owner of a Protected Use or 780 residential lot where (i) the property owner has utilized all applicable options for alternative site 781 designs and DDC flexibility provisions to maximize buildable area and (ii) fifty percent (50%) or 782 more of the subject property is encumbered by the Reverse Gas Well Setback. 783 In applying alternative site designs to a subject property under this section: 784 i. For a residential subdivision, the standards for Cluster Developments in 785 Subsection 8.3.4 may be applied without having to meet the minimum parcel 786 size of 5 acres as stated in 8.3.4B.2 and without requiring approval of a Planned 787 Development (PD) in accordance with 8.3.4C.1. Plats for cluster subdivisions 788 shall require approval by the Planning and Zoning Commission in accordance 789 with the applicable procedures in Subchapter 2. 790 ii. For all other Protected Uses, the applicable maximum building height and 791 maximum building coverage may be increased by 20%, and the minimum unit 792 size and minimum required number of parking spaces may be reduced by 20%. 793 D. Vested Rights Appeals 794 Any person who claims that he has obtained a vested right pursuant to TLGC, Chapter 245, or other 795 applicable vesting law under prior gas well development regulations from the requirements of Section 796 6.2: Gas Well Development and Section 6.3: Gas Well Drilling and Production, as they pertain to gas well 797 development, may request a determination pursuant to Subsection 2.5.6: Vested Rights. For proposed 798 gas wells to be located inside the City limits, the petitioner shall include a statement of the reasons why 799 the regulations contained in Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well 800 Development, as they pertain to Gas Well Development are not exempt pursuant to TLGC section 801 245.004. 802 6.3 Gas Well Drilling and Production 803 6.3.1 Definitions 804 For the purpose of this Subchapter 6: Gas Wells, certain words and terms shall be defined and 805 interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and 806 Development based on the provisions of Subsection 2.8.6, Interpretations. Appeals of staff 807 Exhibit B –Subchapter 6 Amendments interpretations of this Subchapter shall be heard as a Board of Adjustment proceeding in accordance 808 with Subsection 2.8.1: Variance. 809 As-Built Gas Well Development Site Plan 810 A Gas Well Development Site Plan depicting the boundaries of the subject Drilling and Production Site as 811 constructed. 812 Completion Operations 813 The term used to describe the events and equipment necessary to bring a wellbore into production once 814 drilling operations have been concluded, including, but not limited to, well stimulation activities, the 815 assembly of downhole tubular, or installing equipment in the well to allow a safe and controlled flow of 816 petroleum or hydro carbons from the well. This definition describes all events performed and 817 equipment used for completion of a well, whether performed the first time on a well or as subsequent 818 treatments to an existing well. 819 Compressor 820 A device that raises the pressure of natural gas. 821 Contaminant 822 Any substance capable of contaminating a non-related homogeneous material, fluid, gas or 823 environment. 824 Cure Period 825 The amount of time granted to remedy a violation of this Chapter. 826 Daytime 827 The hours between 7:00 a.m. and 7:00 p.m. CST on any given day. 828 Drilling 829 Term used to typically describe the means by which the earth is bored to create a pathway to 830 formations containing hydrocarbons to allow for their production to the surface. It can employ various 831 types of mobilized drilling equipment to create a wellbore while incorporating drilling fluids to cool the 832 bit, to condition the hole, to remove drilled cuttings and to maintain an overbalanced pressure gradient 833 against the formation that may contain inherently pressurized well fluids. 834 Drilling Activities 835 Those activities commonly performed at a Drilling and Production Site necessary or incidental to getting 836 hydrocarbons to market; including but not limited to a well redrill or any hydraulic refracturing, initial 837 drilling and completion operations, but not including Production Activities. 838 Drilling and Production Site 839 The area dedicated to all authorized above ground gas well drilling and production activities related to 840 an oil and gas operation on an improved area and containing all wells, structures, dehydrators, parking 841 Exhibit B –Subchapter 6 Amendments areas, security cameras, lighting, tanks, tank battery (or any other tank grouping area), drilling rigs, 842 separators, lift compressors, perimeter walls, utilities, and all other features or objects used during and 843 after gas well drilling or production activities, as depicted on a Gas Well Development Plat or Gas Well 844 Development Site Plan, but excluding pits, gathering and transmission lines and compressor stations. 845 Drilling and Production Site includes the terms gas well park, gas well pad site, pad site, and drilling and 846 production area. 847 Drilling and Production Site Setback 848 The distance that the site must be separated by an Operator from an existing Protected Use or from a 849 Residential Subdivision. 850 Existing Drilling and Production Site or Existing Site 851 A Drilling and Production Site that was specifically depicted and approved on a Gas Well Development 852 Site Plan, or a gas well development plat, prior to August 18, 2015, and on which one or more gas wells 853 exist. Where the boundaries of such site have not been defined by metes and bounds or lot/block 854 description on an approved gas well development plat, this term describes the improved surface area 855 incorporating all facilities and appurtenances currently contained on the developed Drilling and 856 Production Site. An Existing Site also includes a Drilling and Production Site designated in a MPC or PD 857 District, and approved via a site-specific authorization, whether or not one or more wells exist on the 858 site, provided that the site-specific authorization includes a metes and bounds description or a metes 859 and bounds description is provided within three months of this amendatory ordinance. 860 Existing Gas Well Development Site Plan 861 A Gas Well Development Site Plan that was approved by the City after August 4, 2010 that established 862 setback boundaries and identified a specific number of wells to be constructed on the subject Drilling 863 and Production Site. 864 Exploration 865 Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, 866 related to the search for oil, gas, or other sub-surface hydrocarbons. 867 Floodplain 868 See Subchapter 9: Definitions, for definition. 869 Flood Fringe 870 See Subchapter 9: Definitions, for definition. 871 Floodway 872 See Subchapter 9: Definitions, for definition. 873 Flowback 874 Exhibit B –Subchapter 6 Amendments The process of allowing fluids to flow from a well following a treatment, either in preparation for a 875 subsequent phase of treatment or in preparation for cleanup and returning the well to production. The 876 flowback period occurs as a stage within Completion Operations. 877 Freshwater Well 878 A private water well used by a Protected Use. 879 Gas 880 A naturally-occurring gaseous substance, including substances primarily composed of methane and 881 other light, gaseous hydrocarbons. 882 Gas Processing Plant 883 A facility, separate and distinct from a Drilling and Production Site, engaged in the extraction of natural 884 gas liquids from field natural gas, or the fractionation of mixed natural gas liquids to natural gas 885 products, or a combination of both. 886 Gas Well 887 A hole or bore drilled to any horizon, formation, or strata for the purpose of producing or storing natural 888 gas, or other liquid hydrocarbons. 889 Gas Well Administrator 890 The administrative official designated by the City of Denton that is responsible for evaluating the 891 impacts of exploration, development, and production of oil and/or gas wells. Responsibilities include 892 environmentally sensitive areas review, erosion control inspection, monitoring, and evaluating 893 compliance with federal, state, and local regulations. 894 Gas Well Development 895 Any drilling activity or production activity performed on an approved Drilling and Production Site. 896 Gas Well Development Site Plan 897 The initial approval authorizing wells to be drilled at one Drilling and Production Site that sets the 898 boundaries used for setback measurements and contains all the information required by this Subchapter 899 6: Gas Wells. 900 Gas Well Drilling and Production Activities 901 (A/K/A drilling and production activity(ies), drilling and production) As used in this Chapter, gas well 902 drilling and production activities encompasses all three of the following: Initial Drilling Activities, 903 Completion Operations and Production Activities. 904 Gas Well Permit 905 A written license that is granted by the City of Denton pursuant to Subsection 6.2.5: Gas Well Permits. A 906 Gas Well Permit is required for each separate well. The term "gas well permit" in lower case letters 907 refers to a permit approved by the City of Denton under gas well regulations in effect prior to the 908 Exhibit B –Subchapter 6 Amendments effective date of this amendatory ordinance, as the context may indicate, which authorized drilling and 909 production activities on a gas well existing on such effective date. 910 Habitable Structure 911 Structures suitable for human habitation or occupation for which a Certificate of Occupancy or Final 912 Inspection Certificate is required, including but not limited to, public buildings and enclosed buildings 913 used for commercial or industrial purposes. A habitable structure shall not include accessory buildings, 914 barns, garages and sheds. 915 Hazardous Materials Management Plan 916 The hazardous materials management plan and hazardous materials inventory statements required by 917 the Fire Code. 918 Hydraulic Fracturing 919 A well stimulant treatment that involves the process of directing pressurized fluids containing any 920 combination of water, propellant, and any added chemicals to penetrate tight formations, such as shale 921 or coal formations, that subsequently require high rate, extended flowback to expel fracture fluids and 922 solids during completions. Hydraulic Fracturing occurs as a stage within Completion Operations. 923 Initial Drilling Activities 924 The portion of the Drilling Activities that includes the means by which a portion of the earth is originally 925 bored in order to create a pathway to formations containing hydrocarbons to allow for their production 926 to the surface. 927 Lightning Protection System 928 An integrated system designed to ground metal equipment on a rig, well pad or at a tank battery 929 location for protection against electrical shock, fire or explosion due to lightning. 930 Liner 931 In pit construction, a liner is an impervious material, either synthetic or natural, that is used to line the 932 interior of a pit to prevent pit fluids from leaking or leaching into the environment. 933 Minimum Reverse Setback 934 The minimum distance a Protected Use or residential lot must be separated by a surface owner from an 935 approved Drilling and Production Site or from a gas well within such site after administrative relief or a 936 variance is granted to reduce the reverse setback requirement. 937 Minimum Setback 938 The minimum distance a Drilling and Production Site must be separated by an Operator from a 939 Protected Use or from a Residential Subdivision after a waiver or variance is granted to reduce the 940 setback requirement. 941 New Drilling and Production Site or New Site 942 Exhibit B –Subchapter 6 Amendments A proposed Drilling and Production Site that is other than an Existing Site. 943 Operator 944 The person(s) in charge and in control of drilling, maintaining, operating, pumping, or controlling any 945 well or pipeline including without limitation, a unit Operator. 946 Plugging and Abandonment 947 Includes the plugging of the well, abandoned, orphaned or otherwise, in accordance with RRC Statewide 948 Rule 3.14 or its successor regulation and restoration of the Drilling and Production Site as required by 949 the RRC. 950 Production Activities (A/K/A Production) 951 The phase that occurs after Exploration, Initial Drilling Activities and Completion Operations and during 952 which time hydrocarbons are stored or drained from an underground reservoir involving operations 953 performed on a Drilling and Production Site, excluding those operations and facilities as defined and 954 regulated by the Pipeline Safety Act of 1994, 49 U.S.C. §§ 60101-60137. 955 Protected Use 956 Any dwelling, church, public park, public library, hospital, pre-kindergarten, kindergarten or elementary, 957 middle or high school, public pool, public transit center, senior center, public recreation center, hotel or 958 motel. 959 Railroad Commission (RRC) 960 The Railroad Commission of Texas. 961 Redrill 962 Any work to an existing well bore or an existing surface hole location after Initial Drilling Activities that 963 requires a new permit from the Texas Railroad Commission. This definition includes, but is not limited 964 to, drilling into a new horizon or drilling multiple directionals from the same surface hole location or 965 using the same vertical wellbore. 966 Residential Subdivision 967 A subdivision designated for residential use for two or more dwellings. 968 Reverse Setback 969 The distance that a Protected Use or residential lot must be separated by a surface owner from an 970 approved Drilling and Production Site or from a gas well within such site. 971 Site Access Road 972 The route depicted and approved on the Gas Well Development Site Plan or Gas Well Development Plat 973 that identifies the ingress and egress point used to access the Drilling and Production Site from an 974 existing City, County, or State maintained roadway. 975 Site Preparation 976 Exhibit B –Subchapter 6 Amendments To ready a Drilling and Protection Site for Initial Drilling Activities by installing erosion and sediment 977 control practices, performing clearing and grading activities of the Drilling and Production Site or Site 978 Access Road. 979 Site-specific Authorization 980 The prior approval by ordinance of the City Council, of one or more specifically located and defined gas 981 well site locations, subject to further site design, development, regulatory and permitting requirements, 982 as set forth in this DDC or as specified within the site approval ordinance (or both), as applicable. 983 Spud 984 The start of the well drilling process by removing rock, dirt, or other sedimentary material with the drill 985 bit. 986 Tank 987 Any storage vessel that contains an accumulation of crude oil, condensate, intermediate hydrocarbon 988 liquids, or produced water; is constructed primarily of non-earthen materials (such as wood, concrete, 989 metal, fiberglass, steel or plastic) which provide structural support; is not skid-mounted or permanently 990 attached to something that is mobile; and is intended to be located at the Drilling and Production Site 991 for more than 90 consecutive days. 992 Well Stimulation 993 A treatment performed to restore or enhance the productivity of a well by opening new channels in the 994 rock for the oil and gas to flow through; including, but not limited to fracturing, hydraulic or otherwise, 995 injection of acid, or the use of charges to break up the rock. 996 Workover Operation 997 Work performed on a well after its initial completion to secure production where there has been none, 998 to restore production that has ceased, or to enhance or increase production within the zone originally 999 completed or to repair the well. Workover operations do not include redrills or completion activities. 1000 6.3.2 Standards for Gas Well Drilling and Production 1001 The drilling and production of gas wells within the City limits shall be subject to the following standards. 1002 A. Prohibited or Restricted Locations, Uses and Activities 1003 1. No gas well Drilling and Production Sites shall be allowed on slopes greater than 10 1004 percent. 1005 2. No Drilling and Production Site shall be located within any of the streets or alleys of the 1006 City or streets or alleys shown by the current Comprehensive Plan of the City of Denton. No 1007 street shall be blocked or encumbered or closed due to any exploration, drilling, or production 1008 activities unless prior consent is obtained from the City Manager, and then only temporarily. 1009 3. Nothing in this Section is intended to prevent an Operator from drilling directionally to 1010 reach a target or bottom hole that is located beneath a prohibited or restricted site. Gas wells 1011 Exhibit B –Subchapter 6 Amendments may have a target location or bottom-hole location that is under the floodway, an ESA or within 1012 1,200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville when the gas well is 1013 drilled directionally from a location outside such areas. 1014 4. No refining process, or any process for the extraction of products from gas, shall be 1015 carried on at a Drilling and Production Site, except that a dehydrator and separator, in 1016 accordance with federal and/or state law, may be maintained on a Drilling and Production Site 1017 for the separation of liquids from gas. Any such dehydrator or separator may serve more than 1018 one well. Gas Processing Facilities shall require a Specific Use Permit. 1019 5. No person shall place, deposit, or discharge (or cause or allow to be placed, deposited, 1020 or discharged) any oil, naphtha, petroleum, diesel, gasoline, asphalt, tar, hydrocarbon 1021 substance, or any refuse, including wastewater or brine, from any gas operation or the contents 1022 of any container used in connection with any gas operation in, into, or upon any public right-of-1023 way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private 1024 property within the corporate limits of the City of Denton. 1025 6. No Operator shall excavate or construct any lines for the conveyance of fuel, water, or 1026 minerals on, under, or through the streets or alleys or other land of the City without an 1027 easement or right-of-way license from the City, at a price to be agreed upon, and then only in 1028 strict compliance with this Subchapter 6: Gas Wells, with other ordinances of the City, and with 1029 the specifications established by the Engineering Department. 1030 7. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging 1031 of any public street or leaving upon any public street any earth or other materials is prohibited. 1032 Construction activities or deposition of any materials or objects creating an obstruction within 1033 public rights-of-way or easements are prohibited unless the Operator has first obtained written 1034 approval from the Engineering Department and, if applicable, has filed a right-of-way use 1035 agreement, and then only if in compliance with specifications established by the Department. 1036 B. Site Layout, Design, and Compatibility Requirements 1037 The following requirements apply only within City limits. 1038 1. Entrance Gate 1039 An entrance gate to the Drilling and Production Site shall be required and a sign identifying the 1040 entrance to the Drilling and Production Site or operation site shall be light reflective. 1041 2. Fencing, Screening and Landscaping 1042 a. Fencing, buffering, landscaping and screening shall be required on Drilling and 1043 Production Sites. All required fencing, landscaping, buffering and screening must be 1044 installed in accordance with the approved Landscape Plan within 180 days after initial 1045 drilling of the first approved well. Landscaping and screening shall also be required for 1046 Compressors. Landscaping and screening shall comply with the same requirements for 1047 Drilling and Production Sites as set forth in this Subchapter 6: Gas Wells, and in the DDC. 1048 Should the Operator decide to fence in gathering and transmission lines or compressor 1049 Exhibit B –Subchapter 6 Amendments stations, or both, Operator shall install the fencing in accordance with Subchapter 7: 1050 Development Standards. 1051 i. All Drilling and Production Sites in Residential Districts shall be screened 1052 with an opaque decorative masonry fence that shall be no less than eight feet in 1053 height. 1054 ii. In lieu of this requirement, an alternative fence that is compatible with 1055 the area surrounding the Drilling and Production Site may be approved by the 1056 Director of Planning and Development. 1057 iii. Required fencing must be located within 300 feet of all equipment 1058 necessitating fencing requirements under this Subchapter 6: Gas Wells. 1059 b. Fencing in all other districts shall be screened with a fence at least eight feet in 1060 height that is compatible with the area surrounding the Drilling and Production Site. 1061 Required fencing must be located within 300 feet of all equipment necessitating fencing 1062 requirements under this Subchapter 6: Gas Wells. 1063 3. Signage 1064 a. A sign shall be immediately and prominently displayed on each side of the fence 1065 that surrounds the Drilling and Production Site. Such sign shall be made of durable 1066 material and shall be maintained in good condition. The sign shall have a surface area of 1067 not less than 2 ½ feet by 2 ½ feet or more than 4 by 4 feet and shall be lettered in 1068 minimum four-inch lettering and shall include the following information: 1069 "THIS IS A GAS WELL DRILLING AND PRODUCTION SITE. THIS SITE MAY BE THE SUBJECT 1070 OF FURTHER DRILLING AND PRODUCTION AND/OR HYDRAULIC FRACTURING." 1071 b. Additional signs shall be posted on each Drilling and Production Site which 1072 contain the following information: 1073 i. The Well Identification Number(s), American Petroleum Institute well 1074 number(s) and any other well designation(s) required by the RRC; 1075 ii. Name of Operator; 1076 iii. Operator's telephone number which will be answered 24 hours a day by 1077 a live, in-person, non-automated response system so as to ensure that in cases 1078 of emergency the Operator is made immediately aware; 1079 iv. Operator's business mailing address; 1080 v. Address of Drilling and Production Site; 1081 vi. The number for emergency services (911); 1082 vii. The telephone number of the City's Gas Well Division for citizens to call 1083 with questions, concerns or complaints; 1084 Exhibit B –Subchapter 6 Amendments viii. The telephone number of the TCEQ's Regional Office where air quality 1085 complaints may be reported; and 1086 ix. Any additional information required by RRC. 1087 c. A permanent weatherproof sign shall be posted on each Drilling and Production 1088 Site reading "DANGER NO SMOKING ALLOWED," in both English and Spanish, at the 1089 entrance of each Drilling and Production Site or in any other location approved or 1090 designated by the Fire Marshal. Sign lettering shall be four inches in height and shall be 1091 red on white background or white on red background. Each sign shall include the 1092 emergency notification numbers of the City Fire Department and the Operator, well and 1093 lease designations required by the RRC. 1094 4. Painting 1095 All installed, mounted, and/or permanent equipment on Drilling and Production Sites shall be 1096 coated, painted, and maintained at all times, including the wellhead, gas processing units, 1097 pumping units, storage tanks, above-ground pipeline appurtenances, buildings, and structures, 1098 in accordance with applicable guidelines adopted by The Society for Protective Coatings (SSPC). 1099 In addition, the following standards are applicable: 1100 a. Protective coatings and paints shall comply with any applicable State or City 1101 requirements. In absence of any such requirement, protective coatings and paints shall 1102 be of a neutral color that is compatible with the surrounding environment. 1103 b. All exposed surfaces of the identified equipment must be coated and painted, 1104 and free from rust, blisters, stains, or other defects. 1105 5. Electric Lines 1106 All electric lines to permanent production facilities shall be located in a manner compatible to 1107 those already installed in the surrounding areas or subdivision. 1108 6. Lift Compressor Location 1109 Any lift compressor which is installed within an approved Drilling and Production Site shall be 1110 located at least 24 feet from the outer boundary of the site. 1111 7. Storage Tanks and Separators 1112 a. An Operator is allowed to construct, use, and operate such storage equipment 1113 and separation equipment as shown on the approved Gas Well Development Site Plan, 1114 except that permanent storage equipment and separation equipment may not exceed 1115 eight (8) feet in height. 1116 b. The use of centralized tank batteries is permitted if shown and approved by the 1117 applicable Gas Well Development Site Plan. 1118 8. Trash Removal 1119 Exhibit B –Subchapter 6 Amendments Any rubbish or debris that might constitute a fire hazard shall be promptly removed from the 1120 Drilling and Production Site. 1121 9. Debris 1122 The Drilling and Production Site and site access road shall at all times be kept free of debris, 1123 pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material. 1124 C. Site Development Standards 1125 1. Water Conservation Plan 1126 In cases where the City activates its drought contingency plan, each Operator must submit to 1127 the City a water conservation plan for uses of water. The plan must provide information in 1128 response to each of the following elements. 1129 a. A description of the use of the water in the production process, including how 1130 the water is diverted and transported from the source(s) of supply, how the water is 1131 utilized in the production process, and the estimated quantity of water consumed in the 1132 production process and therefore unavailable for reuse, discharge, or other means of 1133 disposal; 1134 b. If long-term, five to 10 years, water storage is anticipated, quantified five-year 1135 and 10-year targets for water savings and the basis for the development of such goals; 1136 c. A description of the device(s) and/or method(s) within an accuracy of plus or 1137 minus five percent to be used in order to measure and account for the amount of water 1138 diverted from the source of supply; 1139 d. Leak-detection, repair, and accounting for water loss in the water distribution 1140 system; 1141 e. Application of state-of-the-art equipment and/or process modifications to 1142 improve water use efficiency; and 1143 f. Any other water conservation practice, method, or technique which the user 1144 shows to be appropriate for achieving the stated goal or goals of the water conservation 1145 plan. 1146 2. Erosion and Sediment Controls 1147 Erosion and sediment control practices shall be conducted for all gas wells. The Operator shall 1148 comply with the Erosion and Sediment Control Plan as approved by the City. 1149 3. Site Access Restriction 1150 Access to a Drilling and Production Site shall not be taken from Neighborhood Streets. 1151 D. Operations and Equipment Standards 1152 The following requirements apply only within City limits. 1153 Exhibit B –Subchapter 6 Amendments 1. Compliance with Federal and State Laws, Rules and Regulations 1154 The Operator shall at all times comply with the applicable federal and state laws, rules and 1155 regulations, and Field Rules, including but not limited to those addressing the following subjects: 1156 a. Vapor recovery equipment; 1157 b. Venting and flaring; 1158 c. Soil sampling; 1159 d. Pit design and use; 1160 e. Hydraulic fracturing; 1161 f. Plugging and abandonment of gas wells; 1162 g. Reclamation of Drilling and Production Sites; 1163 h. U.S. Army Corps of Engineers setback requirements from water bodies; and 1164 i. Surface casing procedures. 1165 2. Time of Fracturing 1166 Fracturing operations shall be scheduled to occur during daytime unless the Operator has 1167 notified the Gas Well Administrator that fracing will occur before or after daytime to meet 1168 safety requirements. 1169 3. Clean-up After Completion 1170 After the well has been completed the Operator shall clean and repair all damage to public 1171 property caused by such operations within 30 days. 1172 4. Plugged and Abandoned Wells 1173 All wells shall be plugged and abandoned in accordance with the rules of the RRC. In addition, 1174 the Operator shall: 1175 a. Submit a copy of its RRC Form W-3A (Notice of Intention to Plug and Abandon) 1176 and Form W-3 (Plugging Record) to the Inspector within two business days of filing with 1177 the RRC; 1178 b. Notify the Gas Well Administrator of the intention to plug and abandon a well at 1179 least 24 hours prior to commencing activities; and 1180 c. Submit to the Gas Well Administrator the surface hole locations in an 1181 acceptable Geographic Information System (GIS) format to accurately map and track 1182 well locations. The GIS data may be submitted with an initial Gas Well Permit application 1183 or with the annual administrative report. Submission of GIS location data is only 1184 required once. 1185 E. Fire Safety and Emergency Response Requirements 1186 Exhibit B –Subchapter 6 Amendments The provisions of this section shall apply within the corporate limits of the City of Denton. 1187 1. State, Federal, and Local Compliance 1188 The drilling and production of gas and accessing the Drilling and Production Site shall be in 1189 compliance with all state, federal and local safety regulations. 1190 2. Gathering Lines 1191 a. Each Operator shall place a pipeline marker sign at each point where a flow line 1192 or gathering line crosses a public street or road. 1193 b. Each Operator shall place a warning sign for lines carrying H2S (Hydrogen 1194 Sulfide) gas as required by the Railroad Commission. 1195 c. All flow lines and gathering lines within the corporate limits of the City 1196 (excluding City utility lines and franchise distribution systems) that are used to transport 1197 oil, gas, and/or water shall be limited to the maximum allowable operating pressure 1198 applicable to the pipes installed and shall be installed with at least the minimum cover 1199 or backfill specified by the American National Safety Institute Code, as amended. 1200 3. Operating Pressure 1201 Each well shall be equipped with an automated valve that closes the well in the event of an 1202 abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve 1203 to the well distribution line. 1204 4. Control Device 1205 Each storage tank shall be equipped with a level control device that will automatically activate a 1206 valve to close the well in the event of excess liquid accumulation in the tank. 1207 5. Storage Tanks 1208 Each storage tank requires a permit by the Fire Department and shall meet the requirements of 1209 the Fire Code. 1210 6. Outdoor Storage Areas 1211 Outside storage areas shall be equipped with a secondary containment system designed to 1212 contain a spill from the largest individual vessel. If the area is open to rainfall, secondary 1213 containment shall be designed to include the volume of a 24-hour rainfall as determined by a 1214 25-year storm and provisions shall be made to drain accumulations of ground water and rainfall. 1215 7. Lightning System 1216 Drilling and Production Sites shall be equipped with a lightning protection system, in accordance 1217 with the City's Fire Code and the National Fire Association's NFPA-780. In addition, tank battery 1218 facilities shall be equipped with a lightning arrestor system. 1219 8. Remote Foam Line 1220 Exhibit B –Subchapter 6 Amendments Drilling and Production Sites shall be equipped with a remote foam line that meets the 1221 requirements of NFPA-11. 1222 9. Hazardous Materials Management Plan 1223 An Operator shall prepare and provide to the Fire Marshal a Hazardous Materials Management 1224 Plan. Any updates or changes to this plan shall be provided to the Fire Marshal within three 1225 business days of the change. All chemicals and/or hazardous materials shall be stored in such a 1226 manner as to prevent, contain, and facilitate rapid remediation and cleanup of any accidental 1227 spill, leak, or discharge of a hazardous material. Operator shall have all material safety data 1228 sheets (MSDSs) for all hazardous materials on-site. All applicable federal and state regulatory 1229 requirements for the proper labeling of containers shall be followed. Appropriate pollution 1230 prevention actions shall be required and include, but are not limited to, chemical and materials 1231 raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of 1232 secondary containment systems, and protection from stormwater and weather elements. 1233 10. Emergency Response Plan 1234 An Operator shall prepare and provide to the Fire Marshal an Emergency Response Plan which 1235 includes the following information: (i) a detailed site plan showing the location of the access 1236 road, all buildings and structures, well head, tank batteries, above ground pipe and underground 1237 transmission pipe; (ii) a list of all on-site safety features, equipment and its location; (iii) the 1238 name, address and a twenty-four-hour, in-person response, phone number of the Operator to 1239 be notified in case of emergency; and (iv) the name, phone number and address of the surface 1240 property owner. The Emergency Response Plan should describe the personnel, procedures and 1241 equipment that the Operator has available for responding to any irregular release or a 1242 threatened release of materials on the site. The Emergency Response Plan may be included in 1243 the Hazardous Materials Management Plan. 1244 11. Testing/Record Keeping 1245 Operator shall perform periodic testing to verify that all equipment is operating properly. 1246 Maintenance and testing shall be under the supervision of a responsible person who shall 1247 ensure that such maintenance and testing are conducted in accordance with the manufacture's 1248 specifications. Test and inspection records must be available to the Fire Marshal or Gas Well 1249 Administrator for review upon request. 1250 12. Access by Emergency Vehicles 1251 All Drilling and Production Sites will be designed to provide road access for emergency vehicles 1252 in accordance with the provisions of the Fire Code. All access roads for fire apparatus must be 1253 unobstructed and be at least 20 feet in width, or shall have a design determined by the Fire 1254 Marshall as functionally equivalent to this standard. In addition, all access roads shall have an 1255 all-weather surface as provided for in the Fire Code. All dead ends and turning radii shall meet 1256 adopted Fire Code standards. 1257 13. Pit Fencing 1258 Exhibit B –Subchapter 6 Amendments For safety reasons, fencing shall be installed to restrict access to a reserve pit or other type of 1259 open pit containing a synthetic liner and used in gas well drilling operation at a Drilling and 1260 Production Site within the corporate limits of the City. 1261 14. Catchment Basins 1262 Drip pans, catchment basins and other secondary containment devices or oil absorbing 1263 materials shall be placed or installed underneath all tanks, containers, pumps, lubricating oil 1264 systems, engines, fuel and chemical storage tanks, system valves, connections, and any other 1265 areas or structures that could potentially leak, discharge, or otherwise spill hazardous or solid 1266 materials. 1267 15. Clean-up Operations 1268 After any spill, leak or discharge, the Operator shall remove or cause to be removed all 1269 contamination and associated waste materials. Clean-up operations shall begin immediately. 1270 16. Immediate Notification 1271 Upon the occurrence of a fire, blowout, release of hazardous materials, injury or other incident 1272 outside normal operating events, the Operator will immediately notify the Fire Department and 1273 a representative of the Operator will be on-site within 60 minutes to assist the City's Emergency 1274 Response Team and provide any information necessary regarding the site. The Operator shall 1275 also, at its own expense, contact and deploy any well containment specialists or other specialists 1276 necessary to contain and suppress the emergency situation. 1277 17. Storage 1278 No pit shall be used or maintained for storage of oil or oil products or oil field fluids, or for 1279 storage or disposal of oil and gas wastes. 1280 F. Nuisance Prevention and Impact Mitigation Standards 1281 1. Nuisances 1282 Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, 1283 fumes, dust and vibration. All drilling and production operations shall be conducted in such a 1284 manner as to minimize, so far as practicable, dust, vibration or noxious odors, and shall be in 1285 accordance with the best accepted practices incident to drilling for the production of gas and 1286 other hydrocarbon substances in urban areas. All equipment used shall be constructed and 1287 operated so that vibrations, dust, odor or other harmful or annoying substances or effects are 1288 minimized by the operations carried on at any drilling or production site or from anything 1289 incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or 1290 structures shall not be permitted to become dilapidated, unsightly or unsafe. Proven 1291 technological improvements in industry standards of drilling and production in this area shall be 1292 adopted as they become available if capable of reducing factors of dust, vibration and odor. 1293 2. Sound Mitigation 1294 Exhibit B –Subchapter 6 Amendments a. A noise management plan, prepared by a professional qualified in the area of 1295 noise mitigation, and approved by the Gas Well Administrator, detailing how the 1296 equipment used in the drilling, completion, transportation or production of a well 1297 complies with the maximum permissible noise levels of this section will be submitted 1298 with the Gas Well Site Plan Application. The noise management plan must: 1299 i. Identify operation noise impacts; 1300 ii. Provide documentation establishing the ambient noise level prior to 1301 construction of any wellhead, compressor or compression facility; and 1302 iii. Detail how the impacts will be mitigated. In determining noise 1303 mitigation, specific site characteristics shall be considered, including but not 1304 limited to the following: 1305 a. Nature and proximity of adjacent development, location and 1306 type; 1307 b. Seasonal and prevailing weather patterns, including wind 1308 directions; 1309 c. Vegetative cover on or adjacent to the site; and 1310 d. Topography. 1311 iv. The Operator shall be responsible for verifying compliance with this 1312 section and the noise management plan after the installation of the noise 1313 mitigation equipment. 1314 b. No well shall be drilled, re-drilled or any equipment operated at any location 1315 within the City in such a manner so as to create any noise, including low-frequency 1316 outdoor noise levels, which causes the exterior noise level when measured at the 1317 Protected Use receiver's/receptor's property line or from the closest exterior point of 1318 the Protected Use structure or inside the Protected Use structure if access to the 1319 property is granted by the receiver/receptor, that: 1320 i. Exceeds the ambient noise level by more than five decibels during 1321 daytime hours and more than three decibels during nighttime hours; 1322 ii. Exceeds the ambient noise level by more than 10 decibels over the 1323 daytime average ambient noise level during fracturing operations during 1324 daytime hours; 1325 iii. Exceeds the ambient noise level by more than three decibels during 1326 flowback operations during nighttime hours; 1327 iv. Creates pure tones where one-third octave band sound-pressure level in 1328 the band with the tone exceeds the arithmetic average of the sound-pressure 1329 levels of two contiguous one-third octave bands by five dB for center 1330 frequencies of 500 Hertz and above, and by eight dB for center frequencies 1331 Exhibit B –Subchapter 6 Amendments between 160 and 400 Hertz, and by 15 dB for center frequencies less than or 1332 equal to 125 Hertz. 1333 c. The Operator shall be responsible for establishing and reporting to the City a 1334 continuous 72-hour pre-drilling ambient noise level prior to the issuance of a Gas Well 1335 Permit. The 72-hour time span shall include at least one 24-hour reading during either a 1336 Saturday or Sunday. The Operator shall use the prior established ambient noise level for 1337 the installation of any new noise generation equipment unless the Operator can 1338 demonstrate that the increase in the ambient noise level is not associated with drilling 1339 and production activities located either on or off-site. 1340 d. Adjustments to the noise standards as set forth above in subsections b(i), b(ii) 1341 and b(iii) of this section may be permitted intermittently in accordance with the 1342 following: 1343 1344 Table 6.3 A: Adjustments to Noise Standards Permitted Increase (dBa) Duration of Increase (minutes) [1] 10 5 15 5 20 Less than one Notes: [1] Cumulative minutes during any one hour. 1345 e. All workover operations shall be restricted to daytime hours. 1346 f. The exterior noise level generated by the drilling, redrilling or other operations 1347 of all gas wells located within the applicable Drilling and Production Site Setback as set 1348 forth in Subsection 6.2.2 shall be continuously monitored, to ensure compliance. The 1349 cost of such monitoring shall be borne by the Operator. If a complaint is received by 1350 either the Operator or the gas inspector from any Protected Use the Operator shall, 1351 within 24 hours of notice of the complaint, continuously monitor for a 72-hour period 1352 the exterior noise level generated by the drilling, redrilling or other operations to ensure 1353 compliance. At the request of the Gas Well Administrator, the Operator shall monitor 1354 the exterior noise level at the source of the complaint. 1355 g. Acoustical blankets, sound walls, mufflers or other alternative methods as 1356 approved by the Gas Well Administrator may be used to ensure compliance. All 1357 soundproofing shall comply with accepted industry standards. 1358 h. The sound level meter used in conducting noise evaluations shall meet the 1359 American National Standard Institute's Standard for sound meters or an instrument and 1360 the associated recording and analyzing equipment which will provide equivalent data. 1361 i. A citation may be immediately issued for failure to comply with the provisions 1362 of this section. However, if the Operator is in compliance with the approved noise 1363 Exhibit B –Subchapter 6 Amendments management plan, and a violation still occurs, the Operator will be given 24 hours from 1364 notice of noncompliance to correct the violation from an identified source before a 1365 citation is issued. Additional extensions of the 24-hour period may be granted in the 1366 event that the source of the violation cannot be identified after reasonable diligence by 1367 the Operator. 1368 3. Lighting 1369 No Operator shall permit any lights located on any site to be directed in such a manner so that 1370 they shine directly on public roads, adjacent property or property in the general vicinity of the 1371 site. To the extent practicable, and taking into account safety considerations, site lighting shall 1372 be directed downward and internally so as to avoid glare on public roads and adjacent dwellings 1373 and buildings within 300 feet. 1374 G. Enhanced Nuisance Mitigation Standards 1375 1. Enhanced Standards for Operators 1376 When an Operator, either by waiver procedure or variance, receives a reduction to the set-back 1377 requirements of Subsection 6.2.2 for a Drilling and Production Site, the Operator shall comply 1378 with the following Enhanced Nuisance Mitigation Standards for that site: 1379 a. Sound Mitigation 1380 The Drilling and Production Site shall be surrounded on all four sides with sound wall 1381 noise barriers that comply with accepted industry standards and are at least 30 feet in 1382 height during all Drilling Activities and Completion Operations and shall be removed by 1383 the Operator no later than 60 days after concluding the respective activity. In the 1384 alternative, if the Operator's noise management plan provides equally effective sound 1385 mitigation to the Protected Uses within 1,000 feet of the Drilling and Production Site 1386 boundary, then the Operator may follow the recommendations set forth in the noise 1387 management plan. If the Operator chooses the alternative, the Operator shall provide 1388 notice of its intent together with its Notice of Activities as required by Subsection 1389 6.3.7C.1. 1390 b. Production Monitoring 1391 Periodic evaluations will be conducted by the City for the Drilling and Production Site 1392 during production to determine if equipment is functioning as designed or may be 1393 producing fugitive emissions. 1394 i. A third party contractor may be retained by the City to perform such 1395 inspections, and cost of services and charges assessed by the third party 1396 contractor shall be borne by the Operator. Any third party contractor shall act at 1397 the City's direction and report directly to the City, and shall have the same 1398 authority as the Gas Well Administrator for purposes of inspections under this 1399 Section. 1400 Exhibit B –Subchapter 6 Amendments ii. The City shall notify the Operator in writing, as well as to the state and 1401 federal regulatory agencies having jurisdictional authority, of any 1402 malfunctioning equipment producing fugitive emissions. 1403 iii. Quarterly reporting of the monitoring results to the City's Gas Well 1404 Administrator is required with all laboratory data sheets, field logs, data 1405 summaries, and actions taken in the previous quarter. 1406 iv. Upon showing documented compliance for a period of 12 months, the 1407 Operator shall thereafter employ best management practices to eliminate any 1408 emissions in violation of state and federal regulations. 1409 c. An Operator is exempt from the inspection requirements included in Subsection 1410 b. above, and any associated fees, on any well site equipped with an equivalent 1411 automated system that meets the following requirements and is approved by the 1412 Inspector. 1413 i. Any such alternative must include a screening for the presence of leaks, 1414 releases, or emissions, and other conditions that could identify potential 1415 malfunctions in the efficient operation of on-site equipment, such as the 1416 monitoring of line pressures and storage tank levels. 1417 ii. The automated system alternative shall include: 1418 a. A 24-hour remote alert system designed to notify appropriate 1419 personnel of excess storage tank levels or abnormal changes in line 1420 pressure; and 1421 b. An emergency automated shutdown of the well(s) when 1422 monitoring indicates irregular storage tank levels and functioning of 1423 valves. All emergency situations shall be immediately reported to the 1424 City via 911. 1425 iii. If malfunctions are identified, the point of concern shall be noted and a 1426 repair confirmation provided to the Gas Well Administrator. The repair 1427 confirmation shall include a statement indicating that the component is working 1428 within manufacturer and regulatory requirements. 1429 iv. Data shall be compiled over the life of the well(s) and available to the 1430 Gas Well Administrator for review. 1431 6.3.3 Indemnification and Insurance 1432 A. Indemnification and Express Negligence Provisions 1433 Each Gas Well Permit issued by the City shall include the following language: 1434 1435 Exhibit B –Subchapter 6 Amendments OPERATOR DOES HEREBY EXPRESSLY RELEASE AND DISCHARGE ALL CLAIMS, DEMANDS, ACTIONS, 1436 JUDGMENTS, AND EXECUTIONS WHICH IT EVER HAD, OR NOW HAS OR MAY HAVE, OR ASSIGNS MAY 1437 HAVE, OR CLAIM TO HAVE, AGAINST THE CITY OF DENTON, AND/OR ITS DEPARTMENTS, AGENTS, 1438 OFFICERS, SERVANTS, SUCCESSORS, ASSIGNS, SPONSORS, VOLUNTEERS, OR EMPLOYEES (COLLECTIVELY 1439 REFERRED TO AS THE "INDEMNIFIED PARTIES"), RELATING TO OR ARISING OUT OF BODILY INJURY, 1440 KNOWN OR UNKNOWN, AND INJURY TO PROPERTY, REAL OR PERSONAL, OR IN ANY WAY INCIDENTAL 1441 TO OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR 1442 UNDER A GAS WELL PERMIT. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR SHALL DEFEND, 1443 PROTECT, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST EACH 1444 AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, 1445 OBLIGATIONS, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN 1446 DEFENSE OF THE INDEMNIFIED PARTIES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY AND 1447 DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY OPERATOR, ITS AGENTS, 1448 ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO 1449 OR IN CONNECTION WITH THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER A 1450 GAS WELL PERMIT. THE OPERATOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED 1451 PARTIES FROM ANY LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR 1452 JUDGMENTS AGAINST THE INDEMNIFIED PARTIES RELATING TO OR ARISING OUT OF THE ACTS OR 1453 OMISSIONS OF THE INDEMNIFIED PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE OR 1454 OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS 1455 INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE 1456 SOLE NEGLIGENCE OF THE INDEMNIFIED PARTIES OCCURRING ON THE DRILLING AND PRODUCTION SITE 1457 IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND 1458 AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE 1459 OPERATOR TO INDEMNIFY AND PROTECT THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF 1460 THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE IS THE SOLE CAUSE OF 1461 THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY 1462 IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE 1463 MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 1464 B. Insurance 1465 1. General Requirements 1466 a. The Operator shall provide or cause to be provided the insurance described below for each well 1467 for which a Gas Well Permit is issued, and shall maintain such insurance until the well is abandoned and 1468 the site restored, except as otherwise required in this Section. The Operator may provide the required 1469 coverage for multiple wells on a "blanket basis." Such coverage shall be approved by the Risk Manager 1470 for the City of Denton. 1471 b. Prior to issuance of the Gas Well Permit, the Operator shall furnish the City with a certificate(s) 1472 of insurance, executed by a duly authorized representative of each insurer, showing compliance with the 1473 insurance requirements set forth in this Section. A copy of the endorsements or other policy provisions 1474 adding the City as an additional insured to the insurance policies, endorsements providing the City 30 1475 days' written notice of cancellation or material change in coverage, and all waivers of subrogation shall 1476 be attached to the certificate(s) of insurance. Upon request, certified copies of the insurance policies 1477 Exhibit B –Subchapter 6 Amendments shall be furnished to the City. The City's acceptance of documents that do not reflect the required 1478 insurance, or the City's failure to request the required insurance documents, shall not constitute a 1479 waiver of the insurance requirements set forth in this Section. 1480 c. In the event any insurance required by this Section is cancelled, the Gas Well Permit shall be 1481 suspended on the date of cancellation and the Operator's right to operate under the Gas Well Permit 1482 shall immediately cease until the Operator obtains the required insurance. 1483 d. The Operator shall provide the City 30 days' written notice of any cancellation, non-renewal, or 1484 material change in policy terms or coverage, and the policies shall be endorsed to provide the City such 1485 notice. 1486 e. All insurance policies shall be written by an insurer authorized to do business in Texas and with 1487 companies with A: VIII or better rating in accordance with the current Best's Key Rating Guide, or with 1488 such other financially sound insurance carriers approved by the City. 1489 f. All insurance policies, with the exception of the workers compensation policy, shall be endorsed 1490 to name the City, its officials, employees, agents and volunteers as additional insureds on the policies. 1491 The additional insured coverage shall apply as primary insurance with respect to any other insurance or 1492 self-insurance programs maintained by the City, its officials, employees, agents and volunteers. A copy 1493 of each endorsement shall be provided to the City as evidence of coverage. 1494 g. All insurance policies shall be endorsed with a waiver of subrogation in favor of the City, its 1495 officials, employees, agents and volunteers. A copy of each endorsement shall be provided to the City. 1496 h. All insurance policies shall be written on an occurrence basis where commercially available. 1497 i. During the term of the Gas Well Permit, the Operator shall report, in a timely manner, to the 1498 Gas Well Division any known loss or occurrence which has caused, or may in the future cause, bodily 1499 injury or property damage. 1500 2. Required Insurance Coverages 1501 a. Commercial General Liability Insurance 1502 Operator shall maintain commercial general liability (CGL) insurance with a limit of not less than 1503 $1,000,000 each occurrence with a $2,000,000 aggregate. This insurance shall cover liability including, 1504 but not limited to, liability arising from premises, operations, blowout or explosion, products-completed 1505 operations, contractual liability, underground property damage, broad form property damage, and 1506 independent contractors. This insurance shall also include coverage for underground resources and 1507 equipment hazard damage. In addition to the additional insured requirements set forth above, the 1508 additional insured coverage provided to the City, its officials, employees, agents and volunteers shall 1509 include coverage for products-completed operations. 1510 b. Environmental Impairment (or Pollution Liability) Insurance 1511 Operator shall maintain environmental impairment or pollution liability insurance with a limit of not less 1512 than $5,000,000. Such coverage shall not exclude damage to the lease site. If coverage is written on a 1513 claims-made basis, the Operator shall maintain continuous coverage or purchase tail coverage for four 1514 Exhibit B –Subchapter 6 Amendments years following the expiration or suspension of the Gas Well Permit, and the retroactive date(s) 1515 applicable to such coverage shall precede the date of issuance of the Gas Well Permit. Coverage shall 1516 apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, 1517 vapors, fumes, acids, alkalis, chemicals, liquids or gases, waste material or other irritants, contaminants 1518 or pollutants. Where commercially available, Operator shall also maintain such coverage for gradual 1519 pollution incidents. 1520 c. Automobile Liability Insurance 1521 Operator shall maintain automobile liability insurance with a limit of not less than $1,000,000 each 1522 accident. Such insurance shall cover liability arising out of any auto (including owned, non-owned, and 1523 hired autos). 1524 d. Worker's Compensation Insurance 1525 Operator shall maintain workers compensation and employers liability insurance. The workers 1526 compensation limits shall be as required by statute and employers liability limits shall not be less than 1527 $1,000,000 each accident for bodily injury by accident and $1,000,000 each employee for bodily injury 1528 by disease. 1529 e. Excess (or Umbrella) Liability Insurance 1530 Operator shall maintain excess (or umbrella) liability insurance with a limit of not less than $24,000,000 1531 per occurrence with a $24,000,000 aggregate. Such insurance shall be excess of the commercial general 1532 liability insurance, automobile liability insurance and employers liability insurance as specified above. 1533 f. Control of Well Insurance 1534 Operator shall maintain control of well insurance with a limit of not less than $5,000,000 per 1535 occurrence. The policy shall provide coverage for the cost of controlling a well that is out of control, re-1536 drilling or restoration expenses, seepage and pollution damage. A $500,000 sub-limit endorsement may 1537 be added for damage to property for which the Operator has care, custody, and control. 1538 6.3.4 Security 1539 A. Generally 1540 Prior to the issuance of a Gas Well Permit the Operator shall provide the Gas Well Administrator with a 1541 security instrument in the form of a bond or an irrevocable letter of credit in accordance with 1542 Subsection 6.3.4B below. Evidence of the execution of a letter of credit shall be submitted to the Gas 1543 Well Administrator by submitting an original signed letter of credit from the banking institution, with a 1544 copy of the same provided to the City Secretary. 1545 1. During Initial Drilling Activities 1546 An Operator drilling between one and five wells in the City at any time shall provide a blanket 1547 bond or letter of credit that meets the requirements with Subsection 6.3.4B below in the 1548 principal minimum amount of $150,000. Such blanket bond or letter of credit shall be increased 1549 by $50,000 for the sixth and each additional well being drilled in the City. 1550 Exhibit B –Subchapter 6 Amendments 2. During Completion and Production Activities 1551 An Operator with wells that are producing and for which all drilling operations have ceased shall 1552 provide a blanket bond or letter of credit that meets the requirements with Subsection 6.3.4B 1553 below in the principal minimum amounts as follows: 1554 a. Up to 75 wells: $100,000; 1555 b. Between 76 and 150 wells: $150,000; and 1556 c. More than 150 wells: $250,000. 1557 B. Drawing of a Bond or Letter of Credit 1558 1. The City shall be authorized to draw upon such bond or letter of credit to: 1559 a. Recover any fines or penalties assessed under this Section 6.3: Gas Well Drilling 1560 and Production or Section 6.2: Gas Well Development; or 1561 b. To pay the City for the cost of doing any work required to remedy any default by 1562 the Operator under any provision of this Section 6.3: Gas Well Drilling and Production or 1563 Section 6.2: Gas Well Development. 1564 2. If the City determines that a default has occurred in the performance of any 1565 requirement or condition imposed by this Section 6.3: Gas Well Drilling and Production or 1566 Section 6.2: Gas Well Development, a written notice shall be given to the Operator. Such notice 1567 shall specify the work to be done, the estimated cost and the period of time deemed to be 1568 reasonably necessary for the completion of such work. After receipt of such notice, the Operator 1569 shall, within the time therein specified, either cause or require the work to be performed, or 1570 failing to do so, shall pay over to the City 125 percent of the estimated cost of doing the work as 1571 set forth in the notice. In no event, however, shall the Cure Period be less than 10 days unless 1572 the failure presents a risk of imminent destruction of property or injury to persons or unless the 1573 failure involves the Operator's failure to provide periodic reports as required by this Section 6.3: 1574 Gas Well Drilling and Production or Section 6.2: Gas Well Development. 1575 3. The City shall be authorized to draw against the bond or letter of credit provided 1576 hereunder to recover such amount due from the Operator. Upon receipt of such moneys, the 1577 City shall proceed by such mode as deemed convenient and necessary to cause the required 1578 work to be performed and completed, but no liability shall be incurred other than for the 1579 expenditure of said sum in hand. In the event that the well has not been properly abandoned 1580 under the regulations of the commission, such additional money may be demanded from the 1581 Operator as is necessary to properly plug and abandon the well and restore the drill site in 1582 conformity with the regulations of this Section 6.3: Gas Well Drilling and Production or Section 1583 6.2: Gas Well Development. In the event the Operator does not cause the work to be performed 1584 and fails or refuses to pay over to the City the estimated cost of the work to be done as set forth 1585 in the notice, or the issuer of the security instrument refuses to honor any draft by the City 1586 against the applicable irrevocable letter of credit or bond the City may proceed to obtain 1587 Exhibit B –Subchapter 6 Amendments compliance and abate the default by way of civil action against the Operator, or by criminal 1588 action against the Operator, or by both such methods. 1589 C. Requirements for Bonds 1590 A bond shall be executed by a reliable bonding or insurance institution authorized to do business in 1591 Texas, acceptable to the City. The bond shall become effective on or before the date the Gas Well 1592 Permit is issued and shall remain in force and effect for at least a period of six months after the 1593 expiration of the Gas Well Permit term or until the well is plugged and abandoned and the site is 1594 restored, whichever occurs first. The Operator shall be listed as principal and the instrument shall run to 1595 the City, as obligee, and shall be conditioned that the Operator will comply with the terms and 1596 regulations of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development, 1597 and the City. The original bond shall be submitted to the Gas Well Administrator with a copy of the same 1598 provided to the City Secretary. 1599 D. Requirements for Letters of Credit 1600 A letter of credit shall be issued by a reliable bank authorized to do business in Texas and shall become 1601 effective on or before the date the Gas Well Permit is issued. The letter of credit shall remain in force 1602 and effect for at least a period of six months after the expiration of the Gas Well Permit term. If the 1603 letter of credit is for a time period less than the life of the well as required by this Section 6.3: Gas Well 1604 Drilling and Production or Section 6.2: Gas Well Development, the Operator must agree to either renew 1605 the letter of credit or replace the letter of credit with a bond in the amount required by this Section 6.3: 1606 Gas Well Drilling and Production or Section 6.2: Gas Well Development, on or before 60 days prior to the 1607 expiration date of the letter of credit. If the Operator fails to deliver to the City either the renewal letter 1608 of credit or replacement bond in the appropriate amount on or before 60 days prior to the expiration 1609 date of the letter of credit, the City may draw the entire face amount of the attached letter of credit to 1610 be held by the City of Denton as security for Operator's performance of its obligations under this Section 1611 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development. 1612 E. Abandoned Wells 1613 When the well or wells covered by said irrevocable letters of credit or bond have been properly 1614 abandoned in conformity with all regulations of this Section 6.3: Gas Well Drilling and Production or 1615 Section 6.2: Gas Well Development, and in conformity with all regulations of the commission and notice 1616 to that effect has been received by the City, or upon receipt of a satisfactory substitute, the irrevocable 1617 letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled. 1618 6.3.5 Inspection 1619 A. In accordance with federal and state law, the Gas Well Administrator and Fire Marshal shall 1620 have the authority to enter and inspect any premises covered by the provisions of this Section 6.3: Gas 1621 Well Drilling and Production; and Section 6.2: Gas Well Development, and Gas Well Permit, to determine 1622 compliance with its provisions, and all applicable laws, rules, regulations, standards, or directives of any 1623 local, state or federal authority. 1624 B. Pursuant to inspection authority granted by this Subchapter 6: Gas Wells, the Fire Code, the 1625 Texas Clean Air Act, and the Texas Water Code, the Gas Well Administrator and the Fire Marshal shall 1626 Exhibit B –Subchapter 6 Amendments conduct periodic inspections of all Drilling and Production Sites, Gas Wells and well-related equipment 1627 permitted under this Section 6.3: Gas Well Drilling and Production and Section 6.2: Gas Well 1628 Development. 1629 C. Inspections will also include an evaluation of the Operator's conformance with their Hazardous 1630 Materials Management Plan and other applicable requirements to their site. Any deviations from, or 1631 violations of, the Hazardous Materials Management Plan shall be referred to the Fire Marshal for further 1632 inspection and enforcement in accordance with the Fire Code. 1633 D. Inspection fees will be assessed for all inspections in an amount set by separate ordinance. 1634 Failure to timely remit payment for inspection fees is a violation of this Section 6.3: Gas Well Drilling and 1635 Production and Section 6.2: Gas Well Development; however, nothing herein shall be deemed to limit 1636 the City's remedies in equity or law in the collection of any past due fees. 1637 6.3.6 Periodic Reports 1638 A. The Operator shall notify the Gas Well Administrator and the Fire Marshal of any changes to the 1639 following information within one business day after the change occurs. 1640 1. The name, address, and phone number of the Operator; 1641 2. The name, address, and twenty-four-hour, in-person response, phone number of the 1642 person(s) with supervisory authority on behalf of the Operator over the Drilling and Production 1643 Site; 1644 3. The name, address, and phone number of the person designated to receive notices from 1645 the City, which person shall be a resident of Texas that can be served in person or by registered 1646 or certified mail; and 1647 4. The Operator's Emergency Action Plan if required to file one pursuant to federal or state 1648 law. 1649 B. The Operator shall, upon request of the Gas Well Administrator, promptly make available a copy 1650 of any "incident reports" or written complaints submitted to the RRC or any other state or federal 1651 agency. 1652 C. Beginning a year after a well is spud, and thereafter until the Operator notifies the Gas Well 1653 Administrator that the well has been plugged and abandoned and the Drilling and Production Site 1654 restored, the Operator shall prepare a written report to the Gas Well Administrator identifying any 1655 changes to the information that was included in the application for the applicable Gas Well Permit that 1656 have not been previously reported to the City provided that changes have been made. 1657 D. The Operator must provide a copy to the Gas Well Administrator of all reports otherwise filed 1658 with the TCEQ in connection with an installed vapor recovery unit as described in this Section 6.3: Gas 1659 Well Drilling and Production or Section 6.2: Gas Well Development. The Operator shall also provide the 1660 City with copies of any responses provided by TCEQ. Such reports and responses shall be kept on the 1661 Drilling and Production Site and shall be available for inspection when requested by the Gas Well 1662 Administrator. 1663 Exhibit B –Subchapter 6 Amendments E. The Operator shall provide the City with copies filed with the RRC of the respective reports for 1664 setting surface casing, blowout preventer (BOP) pressure testing, bridge plug testing, pressure relief 1665 valve testing, and level control testing. The Operator shall also provide the City with copies of any 1666 responses provided by the RRC. Copies of such reports and responses shall be kept on the Drilling and 1667 Production Site and shall be available for inspection when requested by the Gas Well Administrator. 1668 F. In addition to the records listed in this chapter, the Operator shall provide the City with a copy 1669 of all records filed with the RRC and TCEQ by the Operator or by third parties. Copies of such records 1670 shall be kept on the Drilling and Production Site and shall be available for inspection when requested by 1671 the Gas Well Administrator. 1672 6.3.7 Notice of Activities 1673 A. Notice Applicable to Setback Waivers and Variances 1674 1. An Operator who seeks to reduce Drilling and Production Site Setbacks for a proposed 1675 Drilling and Production Site below those prescribed in Subsection 6.2.2, pursuant to the 1676 procedures in Subsection 6.2.6, shall give the notice prescribed by this subsection to each owner 1677 of surface property within the Drilling and Production Site Setback and to all registered 1678 neighborhood associations within one-half mile of the proposed Drilling and Production site at 1679 least 20 days prior to filing an application for approval of a Gas Well Development Site Plan for 1680 the proposed Drilling and Production Site. The notice shall describe which procedure(s) under 1681 Subsection 6.2.6 will be utilized by the Operator to obtain a reduction in the setback and the 1682 date of any hearing scheduled before the Board of Adjustment on a variance request. Such 1683 notice shall be in addition to any notices required for Board of Adjustment proceedings. 1684 2. The notice shall identify the Operator and give the address and phone number of the 1685 Operator's representative, an internet link for information on the proposed request for 1686 reduction of setbacks, and contact telephone numbers for the City staff. The notice shall be 1687 accompanied by an aerial photograph containing the information in paragraph 6.2.6A.1.a. 1688 3. Notices required by this subsection shall be by depositing the same, properly addressed 1689 and postage paid, in the United States mail. 1690 B. Notice Applicable to Applications for Gas Well Development Site Plans 1691 1. At least 20 days prior to the date of filing of an application for approval of an original or 1692 amended Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall 1693 notify, at the expense of the Operator, each surface owner of property within 1,000 feet of the 1694 proposed Drilling and Production Site. Such notice, as outlined below, shall be by depositing the 1695 same, properly addressed and postage paid, in the United States mail. 1696 2. The notice shall expressly state whether waivers or variances from the Drilling and 1697 Production Site Setback have been granted pursuant to Subsection 6.2.6. The notice shall 1698 identify the Operator and give the address and phone number of the Operator's representative, 1699 an internet link for information on the proposed request for reduction of setbacks, and contact 1700 telephone numbers for the City staff. The notice shall be accompanied by an aerial photograph 1701 containing the information in paragraph 6.2.6A.1.a. 1702 Exhibit B –Subchapter 6 Amendments 3. At least 20 days prior to the date of filing of an application for an original or amended 1703 Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall publish a 1704 notice containing the information in paragraph (B)(2) above, at the expense of the Operator, in 1705 one issue of the local section of a newspaper of general circulation in the City for 10 consecutive 1706 days. An affidavit by the printer or publisher of the newspaper indicating publication of the 1707 notice shall be filed with the application and will be prima facie evidence of such publication. All 1708 notices shall follow a format required by the City. 1709 4. No later than five days after filing of an application for an original or amended Gas Well 1710 Development Site Plan with the Gas Well Administrator, the Operator, at Operator's expense, 1711 shall erect at least one sign, as approved by the Gas Well Administrator, no less than three feet 1712 by three feet, upon the premises upon which a Gas Well Development Site Plan has been 1713 proposed. The sign or signs shall be located in a conspicuous place or places upon the property 1714 at a point or points nearest right-of-way, street, roadway or public thoroughfare adjacent to 1715 such property. The Gas Well Administrator may require additional signage if the premises fronts 1716 on more than one right-of-way, street, roadway or public thoroughfare. The sign(s) shall state 1717 that a Gas Well Development Site Plan has been requested, which if approved, would authorize 1718 the drilling of multiple gas wells for the site. The sign shall further set forth that additional 1719 information can be acquired by telephoning the Operator at the number indicated on the sign. 1720 The sign shall remain posted at the Drilling and Production Site for the duration of the Gas Well 1721 Development Site Plan. 1722 C. Notice Applicable to Activities 1723 1. Any Operator who intends to perform the following activities: (1) Drilling Activities; (2) 1724 Workover Operations; (3) perform Completion or Re-Completion Operations; (4) plug and 1725 abandon a well; (5) perform any other maintenance activities that involve removal of the well 1726 head at a Drilling and Production Site; or (6) conduct seismic exploration not involving explosive 1727 charges; shall give written notice to the City no sooner than 30 days and no later than 10 days 1728 before the activities begin, except in instances where immediate Operator response is 1729 necessary, provided that the Operator has first obtained all necessary authorizations required 1730 by this Subchapter 6: Gas Wells, and the Fire Code. Road Damage Remediation Fees shall be 1731 paid to the City and submitted with the Notice of Activities. 1732 2. Except in instances where immediate Operator response is necessary, all dwellings 1733 within 1,000 feet from the boundary of a Drilling and Production Site shall be notified no sooner 1734 than 30 days and no later than 10 days prior to the activities listed in Subsection C(1) above, 1735 excluding Workover Operations. Such notice shall be by depositing the same, properly 1736 addressed and postage paid, in the United States mail. 1737 a. The notice shall identify where the activities will be conducted and shall 1738 describe the activities in reasonable detail, including but not limited to the duration of 1739 the activities and the time of day they will be conducted. 1740 b. The notice shall also provide the address and the 24 hour, in-person response, 1741 phone number of the Operator responsible for the well concerning the activities. 1742 Exhibit B –Subchapter 6 Amendments 3. The Operator responsible for the activities shall post a sign at the entrance of the 1743 Drilling and Production Site giving the public notice of the activities, including the date and time 1744 the activities will begin, and the name, address, and 24-hour, in-person response, phone 1745 number of the Operator conducting the activities. 1746 4. If upon receipt of the notice the City determines that an inspection by the Gas Well 1747 Administrator is necessary, the Operator will pay the City's fee for the inspection as set forth in 1748 amount as established by separate ordinance. 1749 5. The Operator shall notify the Gas Well Administrator within 24 hours of setting surface 1750 casing. 1751 6.3.8 Remedies, Enforcements and Right of Entry 1752 A. The Fire Marshal and the Gas Well Administrator are authorized and directed to enforce this 1753 Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; and the provisions of 1754 any Gas Well Permit. Whenever necessary to enforce any provision of this Section 6.3: Gas Well Drilling 1755 and Production; Section 6.2: Gas Well Development; or a Gas Well Permit, or whenever there is 1756 reasonable cause to believe there has been a violation of this Section 6.3: Gas Well Drilling and 1757 Production; Section 6.2: Gas Well Development; or a Gas Well Permit, the Fire Marshal or Gas Well 1758 Administrator, may, consistent with federal and state law, enter upon any property covered by this 1759 Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; or a Gas Well Permit 1760 at any reasonable time to inspect or perform any duty imposed by this Subchapter 6: Gas Wells. If entry 1761 is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. 1762 B. It shall be unlawful and an offense for any person to do the following: 1763 1. Engage in any activity not permitted by the terms of a Gas Well Permit issued under this 1764 Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development; 1765 2. Fail to comply with any conditions set forth in a Gas Well Permit issued under this 1766 Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development; or 1767 3. Violate any provision or requirement set forth under this Section 6.3: Gas Well Drilling 1768 and Production or Section 6.2: Gas Well Development. 1769 C. The enforcement and penalty provision under Section 1.6, Enforcement, shall apply to a 1770 violation of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well Development. 1771 D. The Gas Well Administrator is authorized to issue citations into municipal court for violations of 1772 this Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; or Gas Well 1773 Permit. 1774 E. The City may also notify the EPA, TCEQ, RRC or other applicable federal or state agency in 1775 connection with violations of this Section 6.3: Gas Well Drilling and Production or Section 6.2: Gas Well 1776 Development. 1777 F. Permit Suspension or Revocation 1778 Exhibit B –Subchapter 6 Amendments 1. If an Operator (or its officers, employees, agents, contractors, subcontractors or 1779 representatives) fails to comply with any requirement of any Gas Well Permit issued by the City 1780 in connection with any Gas Well Drilling and Production activity, the Fire Marshal or Gas Well 1781 Administrator may give written notice to the Operator specifying the nature of the alleged 1782 failure and giving the Operator a reasonable time to cure, taking into consideration the nature 1783 and extent of the alleged failure, the extent of the efforts required to remedy the failure, and 1784 the potential impact on the health, safety, and welfare of the community. The Operator shall 1785 notify the Gas Well Administrator within 48 hours indicating how the violation(s) shall be 1786 remedied. Unless otherwise provided by this Section 6.3: Gas Well Drilling and Production or 1787 Section 6.2: Gas Well Development, in no event, however, shall the Cure Period be less than 10 1788 days unless the alleged failure presents a risk of imminent destruction of property or injury to 1789 person. The Fire Marshal may issue a Stop Work Order under the Fire Code. 1790 2. If the Operator does not cure the alleged failure within the time specified by the Fire 1791 Marshal and/or Gas Well Administrator, the Fire Marshal and/or Gas Well Administrator may 1792 notify the appropriate state or federal agency with jurisdiction over the alleged violation and 1793 request that the state or federal agency take appropriate action (with a copy of such notice 1794 provided to the Operator), and the City may pursue any other remedy available. 1795 3. If the Operator does not cure the alleged failure within the time specified by the Fire 1796 Marshal and/or Gas Well Administrator, the Gas Well Administrator may recommend to the 1797 Board of Adjustment: 1798 a. That the Gas Well Permit at issue shall be suspended until the alleged failure is 1799 cured; or, 1800 b. If the Gas Well Permit at issue was under suspension at any time during the 1801 prior two-year period, that the Permit at issue shall be revoked. 1802 4. The decision of the Fire Marshal and/or Gas Well Administrator to recommend 1803 suspension or revocation of a Gas Well Permit shall be provided to the Operator in writing at 1804 least 10 days before the hearing to be held by the Board of Adjustment. 1805 5. If a Gas Well Permit is revoked, the Operator may submit information to the Gas Well 1806 Administrator evidencing that the alleged failure resulting in the revocation of the Gas Well 1807 Permit has been corrected, and an application for a new Gas Well Permit may be submitted for 1808 the same well. 1809 6.3.9 Watershed Permits for Gas Well Developments 1810 A. Applicability 1811 1. A Watershed Protection Permit shall be approved prior to approval of any Gas Well 1812 Development Site Plan, Gas Well Development Plat, or Gas Well Permit that includes land in any 1813 flood fringe area or ESA within the corporate limits or ETJ of the City, and for any proposed site 1814 that is within 1,200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville. 1815 Approval of a Watershed Protection Permit authorizes the processing of a complete application 1816 for a Gas Well Development Site Plan or Gas Well Development Plat, as the case may be, that 1817 Exhibit B –Subchapter 6 Amendments includes land in a flood fringe area or ESA, or for a site that is within 1,200 feet of the flood pool 1818 elevation of Lake Ray Roberts or Lake Lewisville. No gas well development is allowed in the 1819 floodway, including the area of an ESA located in a floodway. 1820 2. Inside the City limits, a Watershed Protection Permit for gas well development can be 1821 approved only if the City Council authorizes a Specific Use Permit. In making a recommendation 1822 for the SUP, the Director shall apply those standards set forth in Subsection 6.3.9D below. In the 1823 City's ETJ, a Watershed Protection Permit may be approved by the Director of Environmental 1824 Services, or designee pursuant to the procedures in Subsection 6.3.9C below. 1825 3. A Watershed Protection Permit application may be submitted simultaneously with an 1826 application for a Specific Use Permit. 1827 B. Application Requirements and Processing 1828 A Watershed Protection Permit shall be processed in accordance with the following: 1829 1. An application for a Watershed Protection Permit shall contain the following 1830 information and such information as may be required by the Development Review Committee 1831 and the Environmental Services Department, which is reasonably necessary to review and 1832 determine whether the proposed development and required facilities meet the requirements of 1833 this Section 6.3: Gas Well Drilling and Production; Section 6.2: Gas Well Development; and as 1834 required by the Application Criteria Manual. In addition the information shall include the 1835 following: 1836 a. A Tree Inventory Plan shall show the location of ESAs on any proposed Drilling 1837 and Production Site. 1838 b. Show location of ESAs on proposed Drilling and Production Sites. 1839 2. All applications for Watershed Protection Permits shall be filed with the Development 1840 Services Department, who shall immediately forward all applications to the DRC for review. 1841 Incomplete applications shall be returned to the applicant, in which case the City shall provide a 1842 written explanation of the deficiencies. The City shall retain a processing fee determined by the 1843 City Council. The City may return any application as incomplete if there is a dispute pending 1844 before the Railroad Commission regarding the determination of the Operator. No application 1845 shall be deemed accepted for filing until the application is complete. 1846 C. Procedures 1847 1. Each application for a Watershed Protection Permit for gas well development in the ETJ shall be 1848 approved or denied by the Director of Environmental Services or designee following DRC review. 1849 2. Criteria for Approval for Watershed Protection Permit for Gas Well Development in the City 1850 limits. In reviewing the application for a Watershed Protection Permit, the Director shall apply those 1851 standards set forth in Subsection 6.3.9D below. The Director may attach such conditions to approval of a 1852 Watershed Protection Permit as are necessary to assure that the requirements of Subsection 6.3.9D 1853 below and any other applicable requirements contained in this Section 6.3: Gas Well Drilling and 1854 Production and Section 6.2: Gas Well Development, are met. 1855 Exhibit B –Subchapter 6 Amendments 3. Criteria for Approval for Watershed Protection Permits for gas well developments within the 1856 ETJ. In deciding the application for a Watershed Protection Permit, the Director shall apply those 1857 standards set forth in paragraph 6.3.9D.1; paragraph 6.3.9D.2 for riparian buffers within floodplains; and 1858 paragraph 6.3.9D.5. The Director may attach such conditions to approval of a Watershed Protection 1859 Permit as are necessary to assure that the requirements of these components of Subsection 6.3.9D 1860 below and any other applicable requirements in this Section 6.3: Gas Well Drilling and Production and 1861 Section 6.2: Gas Well Development, are met. 1862 4. Each Watershed Protection Permit shall: 1863 a. Identify each well subject to the Permit; 1864 b. Specify the date on which the Permit was issued; 1865 c. Incorporate by reference all applicable standards of approval; and 1866 d. Incorporate by reference all applicable conditions of approval. 1867 5. The applicant may appeal the Director's denial or conditional approval of a Watershed 1868 Protection Permit in the ETJ on grounds pertaining to the standards in Subsection 6.3.9C.3 below to the 1869 City Council within 10 calendar days of the decision by the Director. The Council shall decide the petition 1870 based upon the criteria in Subsection 6.3.9C.3 below and any other applicable requirements contained 1871 in this Section 6.3: Gas Well Drilling and Production and Section 6.2: Gas Well Development. 1872 D. Watershed Protection Permit Standards 1873 The standards in this Subchapter 6: Gas Wells, are adopted pursuant to the authority granted by TLGC, 1874 Section 551.002 and Chapter 211 and are intended to minimize adverse impacts on areas within the 1875 Flood Fringe or ESA, reduce flood damage, and lessen the potential for contaminating surface water or 1876 any water supply. 1877 1. Location of Sites 1878 Drilling and Production Sites shall be located outside floodplains and other ESAs whenever 1879 practicable to minimize adverse impacts on these areas, reduce flood damage, and lessen the 1880 potential for contaminating surface water or any water supply. 1881 2. Riparian Buffers 1882 For all ESAs constituting or containing riparian buffers prior to the approval of a Gas Well 1883 Development Site Plan: 1884 a. If a riparian buffer is designated as "fair" to "excellent" ESA, the designated 1885 protective stream buffer width as specified in Section 7.4, Environmentally Sensitive 1886 Areas of this DDC shall apply, and no encroachments shall be allowed. 1887 b. Within all areas except unstudied floodplains, if the stream is designated as a 1888 "poor" ESA, the designated width of the protective stream buffer 'shall be decreased by 1889 either 50 percent or to the limits of the floodway whichever is greater, but in no 1890 Exhibit B –Subchapter 6 Amendments instance shall the protective stream buffer width be decreased below 25 feet measured 1891 each direction from the centerline of the existing channel. 1892 3. Tree Mitigation 1893 In the event of a conflict between this Subchapter 6: Gas Wells, and 7.7.4, Tree Preservation, 1894 this Subchapter 6: Gas Wells, shall control. Tree mitigation for gas wells located in an ESA shall 1895 be required and shall be calculated on a one to one replacement value for 100 percent of the 1896 diameter breast height ("dbh") of trees removed from the Drilling and Production Site. Tree 1897 mitigation shall be accomplished by planting replacement trees, within a floodplain, on-site or 1898 off-site with similar tree species or by payment into a Tree Mitigation Fund. Tree Mitigation 1899 Funds that are specific to ESAs will be kept separate from other Tree Mitigation Funds and will 1900 only be used to either acquire wooded floodplain or riparian property that remains in a 1901 naturalistic state in perpetuity, or to purchase conservation easements within riparian or 1902 floodplain areas. Funds may be used to purchase, plant, and maintain trees on public property, 1903 as long as the public property is within a riparian area or floodplain. 1904 4. Tree Removal 1905 Any request to remove tree(s) shall be accompanied by a letter from a certified geologist or 1906 engineer that indicates why the well site cannot be located to avoid the trees. If Operator has 1907 chosen to pay into the Tree Mitigation Fund, such funds shall be paid prior to approval of a Final 1908 Gas Well Development Site Plan or Gas Well Development Plat for the ESA. 1909 5. Limitation on Well Heads 1910 Only one well head may be placed in the Flood Fringe or other ESA under the following 1911 conditions: 1912 a. Storage tanks or separation facilities shall be constructed at least 18 inches 1913 above the established Base Flood elevation plus the surcharge depth for encroachment 1914 to the limits of the floodway having a one percent chance of being equaled or exceeded 1915 in any year. 1916 b. A hydrologic and hydraulic engineering study shall be performed by a Registered 1917 Professional Engineer. The study shall be submitted to the Engineering Department in a 1918 technical report for review by the City Engineer or his designated representative. The 1919 report shall demonstrate that the proposed facilities will have no adverse impacts on 1920 the carrying capacity of the adjacent waterway nor cause any increases to the elevations 1921 established for the floodplain. When the Special Flood Hazard Areas (SFHA) on the 1922 subject site is designated as "Zone A" on the FIRM Panel, or the SFHA is not identified on 1923 the FIRM Panel, the following approximate method may be used to evaluate the impacts 1924 from gas well development. A flow rate shall be calculated using procedures set forth in 1925 the City of Denton Drainage Criteria Manual. Using Manning's Equation with an estimate 1926 of the average slope of the stream, measurements of a single irregular cross-section 1927 geometry at the well site, and the one hundred-year discharge rate, the average velocity 1928 and normal depth may be calculated. Calculations shall be provided for the unaltered 1929 Exhibit B –Subchapter 6 Amendments existing channel cross-section and for the proposed modified channel cross-section and 1930 submitted to the City for review and approval prior to construction within these areas. 1931 c. No more than 10 percent of the flood fringe, within the limits of the Gas Well 1932 Development Site Plan or Gas Well Development Plat, may be filled. 1933 6. Additional Standards inside City Limits 1934 For land inside the City limits, all conditions imposed by any applicable SUP, MPC District or a PD 1935 District for the land subject to the Watershed Protection Permit, as well as the standards in 1936 Subsection 6.3.9D and any other applicable requirements contained in this Section 6.3: Gas Well 1937 Drilling and Production and Section 6.2: Gas Well Development, shall apply. 1938 E. Post-Approval Procedures 1939 1. If evidence from water quality monitoring efforts indicates that contamination is 1940 occurring from gas wells, the Operator shall remove, cause to be removed, or otherwise 1941 remediate contamination, as required by the Gas Well Administrator including but not limited to 1942 Waste Minimization Practices established by the RRC. Cleanup operations shall begin 1943 immediately. A re-inspection fee shall be charged as established by the City Council and 1944 published in the Application Criteria Manual. 1945 2. An associated Watershed Protection Permit shall expire with the expiration of the Gas 1946 Well Development Site Plan or Gas Well Development Plat and may not be extended prior to 1947 expiration. 1948 1949 1950 Exhibit C –Subchapter 8 Amendments 8.3 Subdivision Design 1 8.3.4 Cluster Subdivisions 2 A. Purpose 3 This section provides optional standards for cluster subdivision development to protect sensitive lands 4 and common open space areas and to implement the comprehensive plan and/or adopted area plans. A 5 cluster subdivision is a residential subdivision in which some or all of the lots are allowed to be smaller 6 in area and width, thus allowing flexibility in development density in those areas in exchange for 7 permanent protection of common open space. 8 B. Applicability 9 1. The cluster subdivision option is available in all residential districts as identified in Table 10 3.1-A: Zoning District Designations. 11 2. The minimum parcel size for a cluster subdivision shall be at least five acres. 12 i. This minimum parcel size does not apply for sites affected by Gas Well Reverse 13 Setbacks as provided for in Subsection 6.2.6C.2. 14 3. All other standards in the DDC shall apply to cluster subdivisions unless modified by the 15 cluster subdivision standards in this Subsection 8.3.4. 16 4. In the case of conflict between the provisions of Table 8.A: Cluster Subdivisions, and any 17 other portion of this DDC, the provisions of this Table 8.A: Cluster Subdivisions, shall govern. 18 19 C. Review and Approval of Cluster Subdivisions 20 1. Cluster subdivisions require approval of a planned development (PD) and shall be 21 reviewed through the rezone to a planned development (PD) district procedure in Subsection 22 2.7.3: Rezone to a Planned Development (PD) District. 23 a. A PD is not required for cluster subdivision standards to be applied to sites affected by 24 Gas Well Reverse Setbacks as provided for in Subsection 6.2.6C.2. 25 2. Cluster subdivisions shall be reviewed through the preliminary plat and final plat 26 procedures in Section 2.6, Subdivision Procedures. 27 D. Cluster Subdivision Minimum Standards 28 The minimum standards for cluster subdivision lots are established in Table 8.A: Cluster Subdivisions 29 below. The measurements and exceptions in Section 3.7, shall also apply to cluster subdivision lots 30 unless otherwise stated in Table 8.A: Cluster Subdivisions. 31 Table 8.A: Cluster Subdivisions Type of Standard Requirement Exhibit C –Subchapter 8 Amendments Project Site Standards Subdivision size, minimum 5 acres Block length, maximum 600 feet Common open space, minimum 30 percent of total site area Individual Lot Standards (minimum) Lot size 2,500 square feet Lot width 20 feet Building coverage Per underlying zoning district Setbacks (minimum) [1] Front 5 feet if accommodation of at least two off- street parking spaces can be demonstrated. Otherwise, pursuant to the underlying zoning district. Side 5 feet, except side yards adjacent to a public right-of-way shall be 6 feet. Rear 5 feet for alley-loaded dwellings or dwellings developed with an auto court. Otherwise, pursuant to underlying zoning district. Notes: [1] Building envelopes shall be established on the final plat with any cluster subdivision. 32 33 E. Common Open Space 34 1. Minimum Required 35 A minimum of 30 percent of the total site area of the cluster subdivision shall be set aside as 36 common open space for the use of the site’s residents and visitors. 37 2. Identification and Maintenance 38 a. Common open space shall be identified on the final plat for a cluster 39 subdivision, with a notation that indicates that those lands shall not be used for future 40 development. 41 b. Common open space shall be identified on-site with appropriate permanent 42 signage markers in order to distinguish these areas from private property. 43 Exhibit C –Subchapter 8 Amendments c. Common open space shall be permanently maintained and preserved as: 44 i. Open space lots with deed restrictions; or 45 ii. Protected through a conservation easement; or 46 iii. Land dedicated and accepted to the city, at the city’s sole discretion. 47 d. For any land not dedicated to the city, the developer shall provide a permanent 48 mechanism acceptable to the City Attorney for the primary purpose of conservation, 49 preservation, and management of protected/conserved lands. 50 e. There shall be no further subdivision of land in an area approved for cluster 51 subdivision; however, dedication of easements for public utilities may be permitted. 52 3. Use of Common Open Space 53 a. Common open space shall be used for low-intensity recreation, agriculture, 54 buffers, critical wildlife habitat, or other passive park or open space purposes. A pond 55 may also count towards the minimum common open space requirement. 56 b. The use of common open space may be further limited or controlled at the time 57 of final approval where necessary to protect adjacent properties. 58 4. Design of Open Space 59 Land set aside for common open space shall meet the following design criteria, as relevant: 60 a. The lands shall be contiguous unless the land shall be used as a continuation of 61 an existing trail, or specific topographic features require a different configuration. An 62 example of such topographic features would be the provision of a trail or private open 63 area along a riparian corridor. 64 b. Where open space areas, trails, parks, or other public spaces exist adjacent to 65 the tract to be subdivided or developed, the common open space shall, to the maximum 66 extent feasible, be located to adjoin, extend, and enlarge the existing trail, park, or 67 other open area land. 68 c. In larger projects, open space should flow through the site linking recreation 69 facilities to dwellings with uninterrupted green belts. 70 d. If an ESA is preserved to meet the open space requirement, the land shall be left 71 in an undisturbed natural state. Other open space shall be landscaped pursuant to 72 Section 7.7, Landscaping, Screening, Buffering, and Fences. 73 F. Auto Courts 74 Auto courts may be considered as an alternative layout for cluster subdivisions. Up to four single-family 75 units (attached or detached) may share a single driveway access to a public street using an auto court 76 arrangement, provided the layout is approved with a preliminary plat pursuant to Subsection 2.6.3, 77 Preliminary Plat. Additionally, auto courts shall comply with the following: 78 Exhibit C –Subchapter 8 Amendments 1. The surface of the shared driveway in the auto court shall be at least 20 feet wide and 79 shall be surfaced with concrete or other permeable paving approved by the Director. 80 2. Individual driveways leading from the shared driveway to each dwelling unit shall be at 81 least 20 feet long, as measured from the front of the garage or carport to the closest edge of the 82 shared driveway. 83 3. The shared driveway shall be designed to comply with the standards of the 84 Transportation Criteria Manual. 85 4. The auto court design shall comply with the applicable off-street parking requirements. 86 5. Maintenance and repair of auto courts shall be the responsibility of a property owners 87 association or adjacent property owners. The city shall approve provisions for maintenance and 88 repair during the subdivision review process. 89 6. Parking on the shared driveway shall be prohibited and shall be clearly marked as such. 90 7. The auto court access shall be from a standard-width street and the applicant shall 91 demonstrate that there is adequate guest parking available on the street. 92 8. The auto court shall comply with all other city standards including fire and emergency 93 access, and utility provisions. 94 95 96