2004-059S:\Our Documents\Ordinances\04~SI03-Gas Well amendments.doc
ORD1NANCENO. ~ff04 -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 3 (PROCEDURES), SUBCHAPTER 16 (SUBDIVISIONS), SUBCHAPTER 17
(ENVIRONMENTALLY SENSITIVE AREAS, AND SUBCHAPTER 22 (GAS WELL DRILLING
AND PRODUCTION) OF THE DENTON DEVELOPMENT CODE, PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0024)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public heating as required by law
on February 11, 2004, the Planning and Zoning Commission recommended approval of certain
changes to Subchapters 3, 16,17 and 22; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subchapter 3 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other
provisions of subchapter 3 not inconsistent with the amendment shall remain in full force and effect.
SECTION 2. Subchapter 16 of the Development Code is hereby amended in part as
particularly described in Exhibit "B" attached hereto and made part hereof by reference. All other
provisions of subchapter 16 not inconsistent with the amendment shall remain in full force and
effect.
SECTION 3. Subchapter 17 of the Development Code is hereby amended in part as
particularly described in Exhibit "C" attached hereto and made part hereof by reference. All other
provisions of subchapter 17 not inconsistent with the amendment shall remain in full force and
effect.
SECTION 4. Subchapter 22 of the Development Code is hereby amended in part as
particularly described in Exhibit "D" attached hereto and made part hereof by reference. All other
provisions of subchapter 22 not inconsistent with the amendment shall remain in full force and
effect.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
PAGE 1
S:\Our D~cuments\Ordinan¢¢s\04~S103~Gas Wel~ amendments.doc
SECTION 6. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 7. This ordinance shall become effective fourteen (14) days fi'om the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~ ~/~ayof t~~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A
Subchapter 3
Development Code
Subchapter 3 - Procedures
Sections:
35.3.1
35.4.2
35.3.3
35.3.4
35.3.5
35.3.6
35.3.7
35.4.8
35.4.9
Procedures and Application Requirements.
Denton Plan Amendment Procedure.
Zoning Amendment Procedure.
Planning and Zoning Commission Procedure.
Board of Adjustznent Procedure.
Staff Review Procedure.
Local Permit Procedure.
Religious Freedom Procedures.
The purpose of this Subchapter shall be to establish procedures for the processing of plarw~ng actions that
affect the development and use of property subject to the planning jurisdiction of the City.
All planning actions shall be processed by one of the following procedures:
1. Denton Plan Amendment: requiring action by the City Council after recommendation from the
Planning and Zoning Commission,
2. Zoning Amenchnent: requiring action by the City Council after recommendation from the Planning
and Zoning Commission.
3. Planning and Zoning Commission: requiring action by the Planning and Zoning Commission.
4. Board of Adjustment: requiting action by the Board of Adjustment.
5. Staff Review: requiring action by City Staff.
6. Local Permit: requiring action by the Director of Planning and Development.
7. Religious Freedom: requiring action by City Council.
Application and Approval Requirements:
1. A record owner or the record owner's agent may file an application for a planning action requited by
this Chapter. The Director or Building Official may require an applicant to provide documentation of
the applicant's authority to file an application.
2. The Director may adopt rules establishing the requirements for any application required under this
Chapter. The hales shall be published in the Application Criteria Manual. The hales shall include the
information required by the Director or the Building Official to determine if the application is
complete.
A complete application shall be submitted along with the application fee. The fees shall be
established by the City Council and be published in the Application Criteria Manual.
4. The Director or the Building Official shall disapprove an application and shall not accept an
application unless the application is complete. An application is complete if the application contains
the information required by the Application Criteria Manual.
5. The applicant may resubmit the application for approval by the Director or the Building Official
along with the resubmittal fee according to the Application Criteria Manual.
Revised January 30, 2004 3-1
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Development Code
6. An Applicant may appeal the disapproval of an application to the Board of Adjustment.
35.3.3 Denton Plan Amendment Procedure.
A. The following actions shall follo~v the Denton Plan Amendment Procedure:
1. Consider adoption of a new comprehensive plan or amendment to The Denton Plan.
2. Consider adoption of a new development code.
3. Consider an application for a zoning change that does not conform to the Future Land Use element
of The Denton Plan.
B. Criteria for approval ~ Gener~dly:
1. A complete application and fee shall be submitted.
2. The application shall address the impact of the proposed change on the following:
a. The Goals and Objectives of The Denton Plan,
b. The Future Land Use element of The Denton Plan,
c. The balance of land uses in the City;
d. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect
the provision of the services anticipated in The Denton Plan.
3. The actions in Section 35.3.3~ shall be further evaluated under the following factors to balance the
interest in promoting the public health, safety, morals, or general welfare against the right to the use
of the property in issue:
a. The existing land use pattern surrounding the property and the possible impact on existing or
future development or uses that are in accordance with exisllng regulations;
b. The possible creation of an isolated district unrelated to adjacent and nearby districts;
c. The population density in order to facilitate the adequate provision of transportation, water,
sewer, schools, parks, public convenience, and other public requirements;
d. The cost to the City and other governmental entities in providing, improving, increasing or
maintaining public utilities, schools, streets and other public safety measures;
e. The possible impact on the environment, including but not limited to, drainage, soil erosion and
sedimentation, flooding, air qual/ty and water quantity;
£ Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning or that proposed by the Future Land Use Map; and
g. The action shall be made with reasonable consideration of the character of the district and its
pecufiar suitabifity for particular uses, and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.
C. Procedure:
1. Initiation may be made by:
a. Recommendation of the City Council.
b. Recommendation of the Planning and Zoning Commission.
c. Recommendation of the City Manager.
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d. Appllcafion by the property owner(s). As outlined in the Application Criteria Manual, the
application shall be executed by all property owners, or their authorized agents.
2. If initiated by the property owner, the application must be submitted at least ninety (90) days prior to
the first meeting of the Planning and Zoning Commission in January, April, July or October. A
public hearing shall be held before the Planning and Zoning Commission in accordance with state
law.
3. Following the public hearing before the Planning and Zoning Commission, the Planning and Zoning
Commission shall make a report and forward the report to the City Council in accordance with the
City Charter and state law.
4. A public hearing shall be held before the City Council as required by state law.
a. Notice of such hearing shall be given by publication in a newspaper of general circulation in the
City stating the time and place of such heating, which time sh~ not be earlier than fifteen (15)
days from the date of publication.
b. The adoption or amendment of a new comprehensive plan or the adoption of a new
development code shall become effective by a simple majority vote of all members of the City
Council qualified to vote.
c. The adoption of a zoning change that does not conform to the Future Land Use element of the
Denton Plan to follow the procedures outlined in Section 35.3.4.C.
d. After closing the public heating, the City Council may take action consistent with The Denton
5. If an application is denied, then the subject property shall not be eligible for resubmittal for twelve
(12) months unless the applicant can show a substantial change in circumstances to justify a
D. Appeals:
1. The City Council decision is a final action and may not be appealed.
A. The following actions shall follow the Zoning Amendment Procedure:
2. Consider an application for a zoning change that conforms to the Future Land Use element of the
3. Consider an application for a Specific Use Permit.
4. Consider an application for an Exaction Variance from the Subdivision Regulations.
5. Consider an application to expand a Special Exception.
6. Consider an application for an Alternative Development Plan.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the foIIowing standards are met:
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c. The proposed rezoning or Specific Use Permit facilitates the adequate provision of
transportation, water, sewers, schools, paxks, other public requirements and public convenience.
d. The proposed Exaction Variance is appropriate based on a finding that the imposition of the
regulation(s) exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted.
e. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on
the character and use of adjoining buildings and those in the vicinity, the number of persons
residing or working in such building or upon such land, traffic conditions in the vicinity, and
conformance of such area to the Zoning Map and The Denton Plan. In granting a special
exception the board may designate conditions that, in its opinion, will secure substanfialiy the
purpose and intent of this Chapter. A special exception shall only be granted upon a finding that:
The exception is in harmony with this Chapter;
ii The public welfare and convenience are substantially served;
iii Neighboring property is not substantially injured;
iv The exception will not alter essential character of the district and immediate
neighborhood; and
v The exception will not weaken the general ptuposes of this Chapter.
f. The proposed Alternative Development Plans meet the intent of the Denton Plan and
Development Code.
Procedure:
1. Initiation of a Zoning Amendment procedure may be made by:
a. Recommendation of the City Council.
b. Recommendation of the Planning and Zoning comrmssion.
c. Recommendation of the City Manager.
d. Application by the property owner, or their authorized agent.
2. A public hearing shaU be held before the Planning and Zoning Commission in accordance with state
3. Following the public healing before the Planning and Zoning Commission, the Planning and Zoning
Commission shall make a report and forward the report to the City Council in accordance with the
City Charter and state law.
4. A public hea£mg shall be held before the City Council as required by state law.
a. Notice of such hearing shaU be given by publication in a newspaper of general circulation in the
City stating the time and place of such hearing, which time shall not be earlier than fifteen (15)
days from the date of publication.
b. If a proposed amendment has been denied by the Planning and Zoning Commission, such
amendment shall not become effective except by a three-fourths (3/4) vote of ail members of the
City Council qualified to vote.
c. If a proposed rezonmg of property has been protested in writing by the owners of at least twenty
percent (20%) of the area within two hundred feet (200'), such amendment shall not become
effective except by a three-fourths (3/4) vote of all members of the City Council qualified to
5. After closing the public hearing, the City Council may take action consistent with The Denton Plan
and the Development Code.
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6. If an application is denied, then the subject property shall not be eligible for resubmittsl for twelve
(12) months unless the applicant can show a substantial change in circumstances to justify a
resubmittal.
D. Appeals:
1. The City Council decision is final and may not be appealed.
A. The following actions shall follow the Planning and Zoning Commission Procedure:
1. Consider an application for a Plat.
2. Consider an application for a Hardship Variance from the Subdivision Regulations.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed Plat meets the requirements of Subchapter 16 and state law.
b. The proposed Hardship Variance is appropriate based on a finding that unreasonable hardships
or difficulties may resuk from strict compliance with the subdivision regulations or the purposes
of the regulations may be served to a greater extent by an alternative proposal. A variance may
be approved so that substantial justice may be done and the public interest secured; provided that
the variance shall not have the effect of nullifying the intent and purpose of these regulations;
and further provided the Planning and Zoning Commission shall not approve variances unless it
shall make findings based upon the evidence presented to it in each specific case that:
The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property;
ii The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other property;
iii Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as
thstingaished from a mere inconvenience, if the strict letter of the subdivision regulations is
carried out;
The variance will not in any manner vary the provisions of The Denton Plan, the
Development Code, and the Denton Mobility Plan, except that those documents may be
amended in the manner prescribed by law; and
C. Procedure:
Initiation of a Planning and Zoning Commission procedure may be made by:
a. Recommendation of the City Manager.
b. Application by the property owner, or their authorized agent.
A public hearing shall be held before the Planning and Zoning Commission in accordance with state
law related to residential Replats and Variance applications.
A public meeting shall be held before the Planning and Zoning Commission in accordance with state
law related to Plats and Alternative Development Plan applications.
After closing the pubhc meeting, the Planning and Zoning Commission may take action consistent
with The Denton Plan and the Development Code.
Revised January 30, 2004 3-5
Subehapter 3
Development Code
D. Appeals:
1. The Planning and Zoning Commission decision on Plats is final and may not be appealed.
2. The Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City
Council by the applicant.
A. The following actions shall follow the Board of Adjustment Procedure:
1. Consider an application for a Variance from the zoning regulations.
2. Consider an application for a Variance from the sign regalations.
3. Consider an application to change, reestablish or terminate a Nonconforming Use.
4. Consider an appeal of an Adminlstzafive Decision.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. The board may grant a variance from the front yard, side yard, rear yard, lot width, lot depth,
coverage, minimum setback standards, and landscaping regulations where literal enforcement of the
regulations will result in an unnecessary hardship and where the variance is necessary to develop a
specific parcel of land, which because of site's shape, size or topograpahy differs from other parcels in
the same district, and that it can not be developed in a manner commensurate with the development
allowed for the other parcels. A variance shall not be granted to relieve a self-created or personal
hardship or to relieve a purely financial hardship. In granting any variance, the board may designate
conditions, which, in its opinion, will secure suhstantially the purpose and intent of the Development
Code. A variance shall only be granted upon a finding that:
a. Special circumstances or conditions apply to the parcel for which the variance is sought, which
circumstances or conditions are peculiar to such parcel and do not apply generally to other
parcels in the same district or neighborhood and that said circumstances or conditions are such
that the strict application of the provisions of this ordinance would deprive the applicant of the
reasonable use of such parcel;
b. The granting of the variance will not be detrimental to the pubIic welfare or injurious to other
property or improvements in the district or neighborhood in which the parcel is located;
c. The granting of the variance is necessary for the reasonable use of the parcel and that the
variance granted is the minimum variance that will accomplish this purpose; and
d. The literal enforcement and strict application of the provisions of this ordinance will result in an
unnecessary hardship inconsistent with the general provisions and intent of this ordinance and
that in granting such variance the spirit of the ordinance will be preserved and substantial justice
done.
3. The board may grant a variance from the sign regulations only upon a finding that all of the following
exist:
a. Due to some unique condition or feature of the parcel which is not generally common to other
parcels, literal compliance with the sign regalation would cause unnecessary hardship;
b. The granting of the variance will not violate the spirit or the intent of the regulations; and
c. The condition or feature, which creates the need for the variance, did not result from the owner's
acts.
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4. The board may authorize the actions described below with respect to nonconforming uses if the
actins wonld not unreasonably increase the impact to the surrounding properties, nor substantially
prolong the life of the nonconforming use. Action by the board shall have due regard for the
property tights of the person or persons affected and shall be considered in regard to the public
welfare, character of the neighboring properties, and the conservation, preservation and protection of
property. Based on the foregoing criteria, the board may authorize the following actions:
a. The reconstruction and occupancy of a nonconforming structure, or a structure containing a
nonconforming use, where such structure has been damaged by fire or other causes to the extent
of more than fifty percent (50%), but less than the total of the replacement cost of the structure
on the date of the damage.
b. The enlargement, expansion or repair of a nonconforming structure in excess of fifty percent
(50%) of its current value. In such instance, current value shall be established at the time of
application for a hearing before the board. If such expansion or enlargement is approved by the
board, all provisions of the district in which such sUmcture is located shall apply to the new
construction on the lot or parcel. A person shall not expand a nonconforming use beyond the
lot on which the use is located however, the board may allow the person to provide off-street
parking or loading spaces on another lot;
c. A change of use from one nonconforming use to another nonconforming use, provided that
such change is to a use of a more restricted classification. In the event that a nonconforming use
is changed to a nonconforming use of a more restricted classification, the building or structure
containing such nonconforming use shall not later be reverted to the former lower or less
restricted classification. The board may establish a specific period of time for the conversion of
the occupancy to a conforming use;
d. To authorize the occupancy of an abandoned nonconforming structure. Such action by the
board shall have due regard for the property rights of the person or persons affected, and shall be
considered in regard to the public welfare and safety, character of the area surrounding such
structure, and the conservation, preservation and protection of property.
5. The Board may review and approve, reverse, or modify any staff determination made pursuant to
Sections 35.3.7.A.3 and A.4 of tl~s Subchapter. The decision of the board shall be based on the intent
of this Chapter.
C. Procedure:
1. Initiation of a Board of Adjustment procedure may be made by:
a. Recommendation of the City Manager.
b. Application by the property owner or their authorized agent.
2. A public hearing shall be held before the Board of Adjustment in accordance w/th state law.
3. After closing the public hearing, the board may take action consistent with the Development Code
and state law. A concurring vote of six (6) members of the board shall be necessary to reverse an
administrative decision of the staff, or to approve an application on any matter upon which the board
is required to act under this Chapter.
D. Appeals:
I. The decision of the Board of Adjustment is final and may be appealed pursuant to state law.
35.3. 7 Staff Review Procedure.
A. The following actions shall follow the Staff Review Procedures:
1. Consider an application for Site Design review and other plans required for Site Plan approvals;
Revised January 30, 2004 3-7
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Development Code
2. Consider an application for a Minor Hats;
3. Make determinations regarding the application and interpretation of standards, criteria, ,and
requirements of this Chapter; and
4. Make determinations regarding the appropriate designation for new and ut~sted uses based on similar
uses that are described.
5. Consider an application for a Watershed Protection permit.
B. Criteria for approval - Generally:
1. A complete applicarion and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed Site Design meets the requirements of The Denton Plan and the Development
Code; and
b. The proposed Minor Plat meets the requirements of the Development Code and state law.
C. Procedure:
1. Initiation of a Staff Review procedure may be made by:
a. Recommendation of the Director of Planning and Development; or
b. Application by the property owner or their authorized agent.
2. Within thirty (30) days after receipt of a complete application, the Staff shall issue a written decision
to the applicant.
D. Appeals:
A Staff decision on Site Design reviews may be appealed to the Planning and Zoning Commission.
2. A Staff decision on Minor Plats is final and may not be appealed.
3. A staff determination pursuant to Sections 35.3.7.A.3 and A.4 may be appealed to the Board of
Adjustment.
4. A Staff decision on a Watershed Protection Permit or a Gas Well Development Plat may be appealed
to the Planning and Zoning Commission pursuant to law, Home Rule authority and its authority
under Tex. Loc. Gov't. Code Chapter 212.
35.3.8 Local Permit Procedure.
A. Upon application, the Director may allow an application to be processed under preexisting land
development regulations if:
1. The applicant can demonstrate that he had a pre-existing, investment-backed, good faith expectation
that he would be permitted to commence and complete a specific project under the standards set out
in Paragraphs C, D, and E, or
2. The applicant can demonstrate a project in progress pursuant to state law.
B. Definition:
1. For the purpose of this subchapter, an "investment backed expectation" is de£med as the expenditure
of substantial sums of money which cannot be recovered or an irreversible change of position that
imposes on the applicant an obligation to expend substantial sums of money in the future.
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2. For the purpose of this section, the "date of notice that the revised regulation is in progress" shall be
when an amendment is posted on an agenda of the Planning and Zoning Commission in accordance
with state law.
C. In considering whether a development expectation may be processed under preexisting regulations, the
Director may consider:
1. Whether there has been an act of the City or an officer or agency of the City upon which the applicant
in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of
the currently effective development regulations with respect to the applicant's property.
2. The extent to which the applicant has, prior to the date of notice that the revised regulation is in
progress made a substantial commitment of money or resources directly associated with physical
improvements on the land such as grading, land balancing, installation of utility infrastructure or other
public improvements, or for the design of specific buildings and improvements to be constructed on
the site.
3. The extent to which the applicant has secured permits for, and commenced or completed, the
construction of subdivision improvements and buildings in part but not all of a project that was
contemplated to extend over a period of months or years.
4. Whether the applicant prior to the date of notice that the revised regulation is in progress has made
contractual commitments to complete buildings and deliver tire thereto or occupancy thereof.
5. Whether prior to the date of notice that the revised regtflafion is in progress the applicant has incurred
financial obligations to a lending institution, which, despite a thorough review of alternative solutions,
the applicant will be unable to meet unless he is permitted to proceed with the proposed
development.
6. Whether enforcement of the terms of the currently effective development regulations will expose the
applicant to substantial monetary liability to third persons; or will leave the applicant completely
unable, after a thorough review of alternative solutions, to earn a reasonable return on the property.
7. Whether the right of the applicant to commence and complete the proposed development may have
been processed only with respect to an identifiable and discrete portion of the proposed development.
D. An applicant may commence and complete construction of a specific proposed proiect, or a portion
thereof, if the applicant can demonstrate that:
1. He owned the parcel proposed to be developed on the date of notice that revised regulation was in
progress with respect to such parcel and the specific development proposed for the parcel was then
lawful and permitted.
2. Applying the consideration set out in Paragraph C of this subchapter, the development expectations
of the applicant were reasonable and final when formulated and investment-backed.
3. Requiting that the applicant's property be developed in accordance with the currently effective
development regulations will, considering the investment of applicant prior to the date of notice that
rezouing is in progress, deprive the apphcant of a reasonable rate of return on his investment. In
determining the reasonableness of the proposed rate of return, the fo0owing categories of
expenditures shall not be included in the calculations of the applicant's investment.
a. Expenditures for professional services that are unrelated to the design or construction of the
improvements proposed for the projected development.
b. Expenditures for taxes except for any increases in tax expenditures, which result from
governmental approvals or the construction of improvements on the property of the applicant.
c. Expenditures which the applicant has allocated to the particular proposed project but which the
applicant would have been obliged to incur as an ordinary and necessary business expense (for
Revised January 30, 2004 3-9
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example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the
particular project not been formulated.
General Provisions.
1. The fact the property has been or is in a particular zoning classification under this Chapter, or any
prior Zoning Ordinance of the City, shall not, in itself, establish that an applicant may proceed to
process the application.
2. Any person, firm, or corporation having an ownership interest in property may file an application for
a determination of the right to process the application. The application shall contain such other
information as the Director may specify to make the determination.
A determination of the Director with respect to allow a permit to be processed under preexisting
regulations shall expire and be of no further force or effect unless construction is actually commenced
within one (1) year of the date the determination is made.
Any person, firm or corporation, having an ownership interest in the property, and claiming a right to
commence and complete a specific proposed development who does not ftc an application for a
determination under this subchapter, within six (6) months of the effective date of a revised regulation
shall be deemed to have waived his right to seek such a determination.
An applicant may appeal the Director's determination within 10 days by filing an application as a
Zoning Amendment as outlined in Section 35.3.4.C.
A determination that a permit may be processed under preexisting regulations shall be treated as a
special exception to the underlying zoning regulation.
No application for local permit will be allowed for a Watershed Protection Permit. Requests for relief
must be made under Section 35.3.I0.
A. A person may daim that a provision of the Denton Development Code substantially burdens the person's
free exercise of religion. In making such a claim a person shall give written notice to the City by certified
mail, return receipt requested according to the provisions of Texas Civil Practice & Remedies Code ~
100.001, et. seq. (Vernon Supp. 2001).
B. The City Council may grant a waiver or partial waiver of the provisions of the Denton Development Code
according to federal or state law to accommodate a person's free exercise of religion.
35.3.10 Gas Well Permit Relief Provisions.
A. The purpose of this provision allows a determination of whether the application of the standards in the
Denton Development Code as applied to a Watershed Protection Permit and related development
applications xvould, if not modified or other relief granted, constitute a regulatory taking under
constitutional standards.
B. A property owner or his authorized agent may file an application for relief under this subsection following
final decision to deny or conditionally approve an application for a Watershed Protection Permit and
related applications within ten (10) days.
C. The Director has the authority to estabilsh requirements for applications in the Application Criteria
Manual. No application shall be accepted for filing until it is complete and the fee established by the City
Council of the City of Denton has been paid.
D. Upon approval of an application in whole or in part by the City Council, the Director shall process the
Watershed Protection Permit, and related development applications and the Director shatl decide the
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applications consistent with the relief granted on the application, including any amendments to applicable
standards approved by City Council.
E. A denial of an application by the City Council is a final determination.
F. Criteria for approval. In deciding whether to grant relief to the applicant, the City Council will consider
whether there is any evidence from which it can reasonably conclude that the application of all or a part of
the standards governing approval of a watershed protection permit under the Development Code w[il
deprive the applicant of all economically viable use of the land, based upon the following factors:
1. Whether the operations proposed are consistent with protecting the ecological integrity and
environmental quality, including protection of surface and ground water sources, of potentially
impacted envirormaentnlly sensitive areas.
2. The nature and intensity of the uses allowed following application of the standards in the
Development Code to the watershed protection permit and related development applications, in
comparison with the natare and intensity of the uses allowed without application of the standards;
3. Whether the standards of the Development Code when applied to the watershed protection permit
and related development applications allow an economically viable use of the land;
4. For applications in wkich it is alleged that there has been a devaluation of property, whether the
adoption or application of standards in this article is the producing cause of any devaluation of the
property;
5. The extent to which the applicant's expectations for economically viable uses have been realized
through actual or anticipated development on land or an interest in land originally part of the same
tract or parcel as the land for which relief is sought under the application
6. The extent to which applicant has taken advantage of any other relief measures provided hy this Code
that would result in mitigation of economic impacts resulting from application of the standards in this
Land Development Code;
7. The extent to which the owner of the property had actual or consrtuctive notice of regulations or
proposed changes in the standards governing watershed protection permits;
8. Unique circumstances exist on the property on which the application is made related to size, shape,
area, topography, surrounding conditions and location that do not apply to other property in the
vicinity.
9. Whether there are other alternative well site locations.
10. Any dam for relief pursuant to Tex. Loc. Gov't. Code Chapter 245.
G. In granting relief under the application, the city council may waive or modify the standards to be applied tu
the watershed protection permit or related development applications, and may impose reasonable
conditions on related development applications in order to implement the relief granted. The council also
may initiate an application for a zoning map amendment in order to afford the relief granted, provided that
such application shall be decided in accordance with section 35.3.4, subchapter 3. In such case, the
council's decision on the application shall not be considered final until the application for the zoning map
amendment is derided. The action taken by the council under this section shall not deprive the planning
and zoning commission or any responsible official of its final approval authority over subdivision plats and
other development permits.
H. No application for local permit under Section 35.3.8 will he allowed for a Watershed Protection Permit.
Revised January 30, 2004 3-11
Exhibit B
Subchapter 16
Development Code
Subchapter 16 - Subdivisions.
Sections:
35.16.I Authority
35.16.2 Purpose.
35.16.3 Jurisdiction.
35.I6.4 Application.
35.16.5 Compliance and Enforcement.
35.16.6 Approval of Plat Required.
35.16.7 Lots, Access and Common Areas.
35.16.8 Application and Fees.
35.16.9 Predesign Conference.
35.16.10 General Development Plan.
35.16.11 Preliminary Plats.
35.16.12 Final Plats.
35.I6.13 Replat.
35.16.14 Amending Plat.
35.16.15 Minor Plat.
35.16.16 Vacating Plat.
35.I6.17 Conveyance Plat.
35.17.18 Development Plats.
35.17.19 Gas Well Development Plats.
35.16.20 Construction.
This Subchapter is adopted under the authority of the constitution and laws of the State of Texas, including
Chapters 42, 43 and 212 of the Local Government Code, as amended.
This Subchapter is adopted for the following purposes:
A. To protect and promote the public health, safety, and generai welfare of the community.
B. To guide and plan for the future growth and development of the City by providing for the orderly
devdopment of land and for the extension of streets, utilllies, and other public improvements and facilities
in accordance with The Denton Plan and the Denton Development Code.
C. To insure that all developments provide for the streets, sidewalks, drainage facilities, water and sewer
faci~fies and other public and private improvements and facilities which are adequate and necessary to
serve the development.
35.16.3 Jurisdiction.
This Subchapter shall apply to all land and all developments within the territorial jurisdiction of the City of
Denton, except as otherwise specifically provided for in this Subchapter. The territorial jurisdiction of the City
shall be defined as foIlows:
A. The area within the corporate l/mits of the City;
B. The area within the extraterritorial jurisdiction of the City; and
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Subehapter 16
Development Code
C. Any other area to which the provisions of this Subchapter are made applicable in accordance with ,and as
permitted by federal, state or local law.
A. Land Included.
Except where otherwise specifically provided for in this Subchapter, all the provisions of this Subchapter
shall apply to the following lands located within the territorial jurisdiction of the City:
1. Any tract of land which has not been recorded by plat in the plat records of Denton County, Texas,
and which is intended to be sold, leased, or othemfise subdivided from another tract of land or which
is intended or proposed to be used for the purpose of development.
2. Any tract of land which has been recorded as a lot or block by plat in the plat records of Denton
County, Texas, prior to and upon which no development has been constructed or placed prior to the
effective date of this Subchapter.
3. The division of any previously platted lot into two (2) or more parts.
4. The removal of one (1) or more lot lines of any platted lot so as to permit the combining of two (2) or
more contiguous platted lots into one (1) or more new lots.
B. Expiration of Dormant Projects.
Any general development plan, preliminary plats, final plats, replats, mending plats, conveyance plats or
development plats that are dormant according to the provisions of Tex. Loc. Gov't. Code Ann. Section
245.005 (Vernon I999, as amended) shall expire on May 1I, 2004.
C. Environmentally Sensitive A~eas (ESA) Regulations.
The flood plain provisions of Subchapter 17 shall apply to any land xvithin the extraterritorial jurisdiction
of the City.
D. Development Standards and Requiremente in the Exteatezlltorlal Jurisdictlon.
1. The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as inthcated
on the map on file in the Planning and Development Department.
a. All of the provisions of this Subchapter governing subdivision and development standard for
subdivisions within the ciryy shall apply to all subdivisions and developments within Division 1.
b. The subdivision and development standards of the County of Denton, as such standards exist
today or as they may hereafter be amended, shall apply to all subdivisions and developments in
the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and
developments must comply only with development or plat requirements of Denton County and
state law.
2. The Planning and Development Department is directed to consider amendments to the regalatory
line map whenever the certificate of public convenience and necessity for water and wastewater
services is amended by that state or when directed by the City Council. Any amendments shall not be
effective until the revised regulatory Line map is approved by the City Council.
A. It shall be unlawful for any person to begin, continue, or complete any development on any land within
the territorial jurisdicrion of the City to which the provisions of this Subchapter applies, except in
accordance with and upon compliance with the provisions of this Subchapter.
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Subchapter 16
Development Code
B. The City shall not issue a building permit or certificate of occupancy required by any Subchaptar of the
City for any land located within the corporate limits to which this Subchapter applies, until and unless
there is compliance with this Subchapter.
C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov't.
Code Ann. section 212.012 (Vernon 1988 & Supp. 1994), as amended.
D. No improvements shall be initiated until the approval of the City has been given. Disapproval of a final
plat by the City shall be deemed a refusal by the City to accept offered dedications shown thereon.
Approval of a final plat shall not be deemed an acceptance of the proposed dedications and shall not
impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts
until the proper authorities of the City have both given their written acceptance of the improvements and
have acmaUy appropriated the same by entry, use, or improvements.
35.16.6 Approval of Plat Required.
A. Prior to the subdivision, resuhdivision, or development of any land within the City, or its extraterritorial
jurisdiction, aLI plans, plats, and construction plans for public improvements shaU first be approved in
accordance with these regtdafions except as follows:
1. The division of land into two (2) or more parts, other than for purposes of development, if the
smallest resulting parcels, tract or site is forty (40) acres or larger in size.
2. Development on a single tract which was subdivided prior to January 1, 1960, and for which
extension of streets or public improvements (excluding sidewalks) are not required to support the
proposed development.
3. Construction of additions or alterations to an existing building where no drainage, street, utility
extension or improvement, additional parking or street access changes required to meet the standards
of this Subchaptar are necessary to support such building addition or alterations.
4. Dedication of easement or right-of-way by separate document recordable in the County records if
approved by City.
5. Cemeteries complying with all state and local laws and regulations.
6. Divisions of land created by order of a court of competent jurisdiction.
7. A change in ownership of a property through inheritance or the probate of an estate.
B. No land may be subdivided or platted through the use of any legal description other than with reference to
a plat approved by the Planning and Zoning Commission or the Development Review Committee
Chairman in accordance with these regulations.
C. Excepting agricultural leases, no land described in this section shall be platted or sold, leased, transferred
or developed until the property owner has obtained approval of the applicable general development plan,
preliminary plat, final plat, development plat, or conveyance plat from the Planmng and Zoning
Commission or the Development Review Committee Chairman as required by these regalafinns.
D. No building permit or certificate of occupancy shall be issued for any parcel or tract of land until such
property has received final plat or development plat approval and is in conformity with the provisions of
these subdivision regulations, the plat has been recorded, public improvements have been accepted (if
applicable), and no private improvements shall take place or be commenced except in conformity with
these reguiafions.
E. No person shall transfer, lease, sell or receive any part of a parcel before a conveyance plat or final plat of
such parcel and the remaining parcel has been approved by the Planning and Zoning Commission or the
Development Review Committee Chairman in accordance with the provisions of these regulations and
fded with the county clerk.
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Subehapter 16
Development Code
F. The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for
the purpose of sale, transfer, lease or development is prohibited.
35.16.7 Lots, Access and Common Areas.
A. Lot size. The size, width and depth of subdivision lots shall conform to the zoning requirements for the
B. Access to street. Each lot shall be provided with adequate access to an exisdng or proposed public street.
Development adjacent to existing public streets shall include the required improvements in accordance
with the city's perimeter street policy. Each residential lot shall have a minimum of fifteen (15) feet of
frontage along an existing or proposed public street and each non-residential lot shall have a minimum
thirty (30) feet of frontage along an existing or proposed public street except as follows
1. Single Family Residential Private Drive. Up to three (3) single family residential dweIling units may
access a public road by means of a flag drive within a private access easement as provided in the
Transportation Criteria Manual. Each residential lot shall have a minimum of fifteen (15) feet of
frontage on the private access easement.
2. Non-Single Family Residential Private Drive. Non Single family residential lots within a subdivision
or addition that is surrounded by developed property making it unfeasible to provide street
connectivity, do not have to abut a public street if such lots have access to a public street by a public
access and rite lane easement approved by the City. The easement must be at least 24 feet wide and
constructed, marked and maintained to meet the standards for parking lots as contained in the
Transportation Criteria Manual and for fire lanes as contained in the Fire Code. The stacking
requirements for public streets shall apply to the public access and fire lane easement at the point
where it intersects with a public street. In addition, the public access and £rre lane easement sh~l be
considered a driveway or curb cut access to the public street for all such lots. Each non-residential lot
shall have a minimum thirty (30) feet of frontage on the public access and fire lane easement.
B. FacIng. Wherever feasible, each lot should face the front of a similar lot across the street. In general, an
arrangement placing facing lots at right angles to teach other should be avoided.
C. Conunon area and facilities. Such area shatl be noted on the plat and also have filed with county
homeowner's association covenants approved by the city attorney or other arrangements for permanent
maintenance of these areas and facilities as may be approved by the Planaing and Zoning Commission.
35.16.8 Application and Fees.
Any person seeking approval of any general development plan, preliminary plat, final plat, replats, amending
plats, minor plats, conveyance plat, or development plat for any land required by this Subchapter, shall submit
an application accepted for filing by the Director of Planning and Development, along with the applicable fees.
No applications for general development plan, preliminary plat, final plat, replats, amending plats, minor plats,
conveyance plat or development plat shall be accepted for filing unless the application, supporting documents
and fees are submitted in accordance with the Application Criteria Manual. Applicants v~l be notified of the
acceptance or reiection of their application within 10 working days of the submittal. The basis of the rejection
will be included in the notification.
35.16.9 Predesign Conference.
A. Prior to the filing of any plan, plat or proposed development, an apphcant shall have a pre-design
conference with the Development Review Committee, unless waived by the Development Review
Committee chairperson. The purpose of the conference is to allow the applicant and Development Review
Committee to review and discuss the proposed development, to make a determinarion of what
information and studies may be required to he submitted during the plat procedures, and to receive or
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Subchapter 16
Development Code
exchange any other information or take any other action necessary to facilitate processing of the plat
application.
B. Each applicant shall submit such information that may be required by the Development Review
Committee and as provided in the Application Criteria Manual.
A. Pm'pose.
The purpose of the general development plan is to provide for review of certain developments for
compliance with The Denton Plan, the Denton Development Code, and Infrastmctore Master Plans, the
comparibliity of land uses, and the coordination of improvements within and among indi~dual parcels of
land or phases of development, prior to approval of a preliminary plat or conveyance plat.
B. Application.
The Development Review Committee shall determine during the predesign conference whether a general
development plan or a preliminary plat shall be required in accordance with the purpose stated in tiffs
Subchapter. When a development is a portion of a large tract under one (1) ownership, is developed in
phases or was not legally subdivided, the developer may be required to submit a general development plan
for review and approval by the Planning and Zoning Commission. Generally, a general development plan
shall be required for, but is not limited to, any development which:
1. If the property under consideration is undeveloped, is under one ownership ,.md is greater than twenty
(20) acres; or
2. Is to be platted and developed in phases; or
3. Wili require off-site road, drainage, or utility connections or improvements which will have a
substantial impact or effect on other properties or developments.
C. Information required.
The general development plan shall contain such information that may be required by the Development
Review Committee which is reasonably necessary to review and detetmine whether the proposed
development and required facilities meet the requirements of this Subchapter and the Application Criteria
Manual.
D. Standards for approval.
The Planning and Zoning Commission shall approve the general development plan if the plan complies
with the following statements:
1. Conforms to infrastructure policies identified in The Denton Plan, and any other City infrastructure
master plan and the City's current and future parks and playground facilities.
2. Conforms to the extension of the City's infrastructure within the munielpality and in its extraterritorial
jurisdiction, as identified in The Denton Plan, and any other City of Denton infrastructure master
plan.
3. Conforms to any rules adopted under Section 212.002 or as set forth in the Application Criteria
Manual.
4. Complies with all City construction standards.
5. Complies with all applicable laws and Subchapters.
E. Planning and Zoning Commission Action.
The general development plan shall be submitted, along with the applicable fee, in the number and form
specified by the Application Criteria Manual. The plan shall be submitted to and reviewed by the
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Subchapter 16
Development Code
[2.
Development Review Committee for its recommendation to the Planning and Zoning Commission. No
prelircdnary plat for any portion of the development shall be approved until and unless the required general
development plan has been approved by the Planning and Zoning Commission.
Expiration of General Development Plans.
A general development plan shall become null and void twenty~four (24) months after its approval, unless
a preliminary plat is approved for all or part of the general development plan. The approved preliminary
plat shall extend the expiration date for the remaining portion of the original general development plan for
a period of twenty-four (24) months. The applicant may submit written requests for extensions of the
general development plan, with no single extension exceeding twelve (12) months. The request shall
contain documentation showing costs incurred to justify an extension.
35.16. fl Preliminary Plats.
Purpose and applicability.
A preliminary plat shall be required for ail proposed developments or subdivisions of land, except where
othemdse provided for in this Subchapter. The required preliminary plat is intended to provide sufficient
information to evaluate and review the general design of the development to insure compliance with The
Denton Plan, the Denton Development Code, and the Thoroughfare Plan, and the requirements of this
Subchapter. Where a general development plan is required, the preliminary plat shall conform to the
approved development plan.
Contents of Preliminary Plat.
The preliminary plat shall contain such information as may be required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
required facilities meet the requirements of this Subchapter and as required by the Application Critetia
Manual.
Procedure for approval.
1. Submittal. The application, copies of the preliminary plat, and all required studies and analyses,
along with any applicable fee, shall be submitted in the form and number specified by the department.
An application shall not be considered fded until it has been accepted for filing by the Department.
Applicants wi[I be notified of the acceptance or rejection of their application within 10 working days
of the submittal. Basis of the rejection will be included in the notification.
2. Development Review Committee review. After the Department has accepted the application for
ill/rig the Development Review Committee shall review the preliminary plat for compliance with the
requirements of this Subchapter. The applicant shall be afforded an opportunity to meet with the
Development Review Committee to receive comments and recommendations on the sufficiency of
the plat. The applicant may make any recommended or desired changes, corrections, or
modifications. The Development Review Committee shall forward the preliminary plat to the
Planning and Zoning Commission along with its recommendation.
3. Standards for approval. The Planning and Zoning Commission shall approve the preliminary plat if
the plat complies with the following statements:
a. Conforms with the general development plan as provided in this Subchapter.
b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks,
playgrounds, and public utility facilities.
c. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads,
streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking
into account access to and extension of sewer and water mains and the instrumenta~ties of public
utilities.
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Subchapter 16
Development Code
d. Complies with all applicable sections of the Criteria Manuals.
e. CompLies with all applicable laws and Subchapters.
Planning and Zoning Conmaission Action.
If the preLiminary plat does not meet the requirements of this Subchapter, the Planning and Zoding
Commission shall disapprove the plat or approve the plat with conditions to insure compliance with the
requirements of this Subchapter. If the preliminary plat is disapproved, no further action shall be taken on
the appLication, until and unless a new application and preliminary plat is submitted in accordance with this
Subchapter.
Expiration of Preliminary Plat.
Except for preliminary plats fried prior to the effective date of this amendatory Subchapter, a preliminary
plat shall become null and void within twenty-fuur (24) months after its approval, udiess a final plat is filed
and approved for all or part of the preLimknary plat within that time. The applicant may submit a written
request, to the commission, for one six (6) month extension of the preLiminary plat. The request shall
contain documentation showing costs incurred to justify an extension. An approved final plat shall extend
the expiration date for the remaining portion of the original preliminary plat for a period of six (6) months
after the date of approval of the final plat. Approval of a subsequent final plat within such period shall
extend the expiration date for the pordon of the otiginal preliminary plat for which no final plats have
been approved for an additional six (6) months from the date of' approval of such final plat. Each
extension period for the expiration of the original preliminary plat runs from the date of the latest final
plat approval. Extension periods are not cumulative. If a final plat is not filed and approved during the
extension period, the original preliminary plat, together with any unapproved final plat applications or
expired final plats, lapse.
35.16.12 Final Plats.
Purpose and Applicability.
A final plat of the property to be subdivided or developer is required of all developments to which this
Subchapter applies. The final plat is intended to serve as the official recorded map of the property to be
developed, showing thereon the boundaries, lots, public streets and easements and other signillcant pubLic
facilities and features which are necessary to serve the development, as required by this Subchapter. For a
development to be constructed in phases, the final plat may include only a portion of the land included in
the preliminary plat and general development plan. The final plat shall conform to the approved
preLiminary plat.
Land Excluded.
1. Where any requirement of this Subchapter is determined in reference to the boundary of the property,
such as the requirement to improve existing perimeter streets, the final plat may not exclude land
which could othetwise be included for the purpose of avoiding the requirement, or it: such property is
permitted to be excluded for good reason, the requirement may still be imposed if compLiance with
the requirement is reasonably necessary to serve the property.
2. In no case shall a final plat exclude land so as to leave a remainder of such size, shape, or location as
not to he developable in substantial compliance with the requirements of this Subchapter or any other
Subchapter.
3. Where any applicant seeks approval of a proposed plot for land that was subdivided in violation of
this Subchapter, state law, or any prior Subchapter, or the development cannot provide adequate
street access, street connections, or substantially comply with any other requirement or standard of
this Subchapter because of the unlawful subdivision, the Plamfing and Zoning Commission may
refuse approval of the development or plat.
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Subchapter 16
Development Code
C. Contents of Final Plat.
The final plat shall contain such information as may be required by the Development Review Committee
which is reasonaNy necessary to review and determine whether the proposed development and required
facilities meet the requirements of this Subchapter and as required by the Appllcafion Criteria Manual.
35.16.12.1
A.
Construction Plans.
Purpose and Applicability.
Construction plans shall be submitted to the department for ali existing or proposed streets, sidewalks,
drainage and utility improvements, and any other public improvements that are required or proposed to be
constracted, reconstructed, improved, or modified to serve the development. Where the final plat is for
property being developed in phases, the required construction plans shall include the improvements
specified in the general development plan or preliminary plat to serve the phase being platted. The
construction plans are intended to provide for the detailed engineering drawings for all improvements
required to serve the development. The construction plans shall be kept as a permanent record of the City.
Responsibility of Project Engineer.
The Professional Engineer representing the applicant is responsible for the accuracy, completeness and
conformance to City standards. The purpose of the City review is to ensure conformance to City policies
and standards. However, the City review is limited to facts as presented on submitted plans. The City has
no proiect design or engineering responsibility. The Design Professional certifying the plans is responsible
for the accuracy and completeness of the documents submitted for review and actual construction. The
City reserves the right to require corrections to actual conditions in the field which are £ound to be
contrary to or omitted from submitted plans.
Contents of Construclion Plans.
The constracdon plans shall include such information as may required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
required facilities meet the requirements of this Subchapter and as required by the Application Criteria
Manual and all City construction standards.
35.16.12.2
A.
Processing Procedure for Final Plat and Construction Plans.
Submittal.
The application and copies o£ the final plat and construction plans, along with ,any applicable fee, shall be
submitted in the form and number specified in the Application Criteria Manual.
Development Review Committee Review.
The Development Review Committee shall review the final plat and construction plans for compliance
with the requirements of this Subchapter. The applicant shall be afforded an opportunity to meet with the
committee to receive its comments and recommendations on the su£ficiency of the plat and plans, so as to
allow the applicant to make any recommended or desired changes, corrections, or modificadons. Upon
completion of the review process, if the construction plans have been approved by the Director of
Enginee£mg, the Development Review Committee shall forward the final plat to the Planrfing and Zoning
Commission along with its recommendation unless approval by the Development Review Commktee is
allowed by this Subchapter and as permitted by law.
Standards for Approval.
The Planning and Zouing Commission shall approve the final plat if the plat complies with the following
statements:
1. Con£orms to The Denton Plan, its land uses, and its current and future streets, alleys, parks,
playgrounds, and public utility facilities.
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Subchapter 16
Development Code
2. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads, streets,
and public highways within the municipality and in its extraterritorial jurisdiction, taking into account
access to ,and extension of sewer and water mains and the instrumentalities of public utilities.
3. The final plat conforms with the General Development Plan and/or the preliminary plat.
4. Complies with the provisions for dedication and construction of public improvements of City
construction standards.
5. Complies with all applicable laws and Subchapters.
D. Planning and Zoning Commission Action.
The Planning and Zoning Commission shall take action on the final plat as required by law at a regularly
scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which
approval is requested is submitted to the department, unless the applicant requests and consents in writing
to waive any time deadline for action upon the plat. If the £mal plat meets all the requirements of this
Subchapter, the Planning and Zoning Commission shall approve the plat. If the plat does not meet the
requirements of this Subchapter, the Planning and Zoning Commission shall disapprove the plat.
E. Certification by Engineer.
Sealed engineering plans showing details of streets, sidewalks, culverts, bridges, storm sewers, drainage
improvements, water mains, sanitary sewers, other required public improvements, and all enffmeering
details, other than buildings, of the proposed subdivision shall be submitted to the Development Review
Committee along with the final plat of subdivision. Such plans shall be prepared by an engineer registered
in the State of Texas, and shall conform to the standard specifications of the City (North Central Texas
Council of Governments Standard Specifications for Public Works Construction, as amended by City)
relating to such improvements.
F. Expiration of Final Plat and Plans.
An approved final plat which has not been filed in the appropriate records of Denton County within two
(2) years o£its approval shall be considered null and void unless an extension is granted by the Planning
and Zoning Commission for good cause
35.16.12.3 Recordation of Final Plat.
Upon approval of the final plat by the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, and the construction plans by the City Engineer, the applicant shall submit
an execution package in accordance with the Application Criteria Manual. The City Engineer shall file in the
plat records of Denton County the final plat upon submission of the execution package, recording fees,
developer contracts, bonds, and any other applicable fees.
A. Replat Required.
Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any
portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the
replat under the same standards and by the same procedure prescribed for the platting of land by these
regulations.
B. Replatting Without Vacating Preeedlng Plat.
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding
plat without vacation of that plat if the replat is submitted in accordance with Tex. Loc. Gov't. Code Ann.
sections 212.014 (Vernon 1988) and 212.015 (Vernon 1988 and Supp. 1994), as amended.
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Subchapter 16
Development Code
C. Replatting a Portion of a Lot.
Replatting a portion of a recorded lot is not permitted.
D. Procedures.
An application for replat shall follow the Planning and Zoning Commission procedures detailed in
Subchapter 3.
35.16.14 Amending Plat.
The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex. Loc.
Gov't. Code Ann. section 212.016 (Vernon Supp. 1994), as amended. The Chairman of the Development
Review Committee at his discretion may refer the amending plat to the Planning and Zoning Commission.
The Chairman of the Development Review Committee shall not disapprove an amending plat but shall refer
such plat to the Planning and Zoning Commission if he recommends disapproval.
35.~6.~5 Minor Plat.
The Chairman of the Development Review Committee or the Planning and Zoning Commission may approve
a minor plat pursuant to Tex. Loc. Gov't. Code Ann. section 212.00065 (Vernon Supp. 1994), as amended.
The Chairman of the Development Review Committee at Ns discretion may refer the minor plat to the
Planning and Zoning Commission. The Chairman of the Development Review Committee shall not
disapprove a minor plat but shaII refer such plat to the Planning and Zoning Commission if he recommends
disapproval.
The property owner of the tract covered by a plat may vacate the plat pursuant to Tex. Loc. Gov't Code Ann.
section 212.013 (Vernon 1988). The Planning and Zoning Commission shall approve the petition for vacation
on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of
vacation of the plat, the Planning and Zoning Commission may direct the petitioner to prepare a revised final
plat in accordance with these regulations. Regardless of the Planning and Zoning Commission's action on the
petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to
the City nor to the return of any property or consideration dedicated or delivered to the City except as may
have previously been agreed to by the Planning and Zoning Commission.
35.~6.17 Conveyance Plat.
A. Purpose.
A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or
recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey
the property or interests therein; however, a conveyance plat does not constitute approval for development
of the property. A conveyance plat is an interim step in the subdivision of land and shall contain a notation
that indicates that no development is intended.
B. Applicability.
A conveyance plat may be used in lieu of a final plat to record the subdivision of property, provided that
no po~on of the development is intended for immediate development.
C. Filing.
No final plat processed and approved in association with a conveyance plat shall be filed without the
concurrent Filing of the associated approved conveyance plat.
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Subchapter 16
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35.16.17.1
A.
Effect of Approval.
Conveyance plat approval and acceptance by the City does not relieve the owner from obligations,
including fees, required by other sections of this or any other Chapter of the City Code pertaining to the
improvement of the property or extension of services as required to make the property suitable for
development.
B. Neither reservation nor dedication of fight-of-way shall relieve the property owner from any obligation for
street construction or assessments associated with public street improvement programs. Easements for
access, utilities and drainage may be recorded on conveyance plats.
C. No building permits shall be issued nor development begin, nor permanent utility service provided for
land which has only received approval as a conveyance plat. This information shall be set forth in bold
type on the plat.
D. A conveyance plat may be vacated, replatted or superseded in total or in part by thorough compliance with
the procedures and requirements of this Subchapter.
35.16JI7.2
A.
Conveyance Plat Requirements.
Application.
The property owner shall submit an application for a conveyance plat, together with other supporting
documents and fees, to the director in accordance with the requirements of the Application Criteria
Manual. Conveyance plats that qualify as minor plats may be approved by the Chairman of the
Development Review Committee. A conveyance plat shall contain such information that may be required
by the Development Review Committee which is reasonably necessary to review and determine whether
the proposed development and required facilities meet the requirements of this Subchapter and as required
by the Application Criteria Manual.
Standards for Approval.
The Planning and Zoning Commission shall approve the conveyance plat if the plat complies with the
following statements:
1. Reservation of rights-of-way. Conveyance plats must identify any futare fights-of-way for public
thoroughfares and streets specified on the City's thoroughfare plan. The identification of the right-of-
way does not grant any right or interest in the property to the City or other entity. The f'mal alignment
may be adjusted upon final platting in order to meet engineering design standards.
2. Dedication of rights-of-way. Dedication of right-of-way shall be required where a conveyance plat
is used to record the remainder of a tract created by the £mal platting of a portion of the property. The
required fight-of-way dedication shall be limited to that which is necessary to provide access to the
property proposed for final plat approval and to complete tarn lanes, intersections and transitions in
road pavement width resulting from development of property proposed for final plat approval.
Approval Procedure.
1. Conveyance plats shall be approved provided they comply with all requirements of this Subchapter.
The Planning and Zoning Commission must approve, approve with conditions that insure compliance
with the requirements of this Subchapter or deny a conveyance plat no later than thirty (30) days from
the date of application. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon
by the Development Review Committee.
2. Signing and filing. After the approval of the conveyance plat by the Planning and Zordng Commission
or Development Review Committee, the property owner or his engineer shall submit tiding fees and
the required number of copies for fding to the City for filing with the county. Having submitted all
copies and fees, the owner may request a delay of filing for up to one hundred eighty (180) days from
the date of approval. Any conveyance plat which has not been filed with the county within one
hundred eighty one (181) days of the date of approval shall be void. Prior to filing with the county,
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Subchapter 16
Development Code
the property owner may withdraw and void a conveyance plat. Any conveyance plat wkhdrawn or
voided must be resubmitted under current regulations and procedures and reapproved by the
Planning and Zoning Commission or Development Review Committee and fried with the county.
Prior to filing, the chairperson of the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, shall sign the conveyance plat. The City engineer shall forward
one (1) copy of the recorded conveyance plat to the property owner.
A. Any person who proposes new development of a tract of land located with the corporate limits or within
the City's extraterritorial jurisdiction, and is not required by this Subchapter to prepare a preliminary or
final plat, shah prepare a development plat in accordance with dements required for preliminary and final
plats by this Subchapter unless:
1. The development is excepted under section 35.16.7; or
2. The development is an addition or alteration to existing development which after development would
result in development no less complying with the code of Subchapters than before the development.
C. Development plats shall be processed in accordance with V.T.C.A., Local Government Code ~ 212.041
through 212.050 (Vernon Supp. 1994) and no new development may begin on property until the
development plat is fried and approved by the City in accordance with such sections.
D. Development plats shall be labeled "Development Plat for Addition."
E. If improvements have not commenced as required by the Development Plat, an approval for a
Development Plat shall expire two (2) years from the date that the Development Plat is approved by the
Planning and Zoning Commission.
A. Plats Required
Any person who proposes drilling and gas production of natural gas on a tract of land located within the
corporate limits or within Division 1 of the City's Extraterritorial Jurisdiction, and is not required by this
Subchapter to prepare a preliminary plat or final plat, shall prepare a Gas Well Development Plat. Where
any portion of land to be included within the area to be platted is located within a floodplain, an ESA or
within 1200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisvllle. a separate plat shall
be prepared for such area. The applications may be submitted and reviewed together.
B. Gas Well Development Plats in Areas Sublect to Flooding
No Gas Well Development Plat shall be approved for land located within a floodplain, an ESA or within
1200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville until a Watershed Protection
Permit and. where applicable, a Specific Use Permit or application for relief pursuant to Subsection
35.3.10. have been first approved. Denial or conditional approval of the applicable Watershed Protection
Permit or petition for review shall constitute grounds for denial or conditional approval of the Gas Well
Development Plat for such land.
C. Procedures
Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc. Gov't Code
Ann. [[212.041 through 212.050 (Vernon 1999) and no new natural gas development may begin on
property until the Gas Well Development Plat is fded and approved by the City in accordance with this
Subcbapter.
D. Standards for Approval
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Subchapter I6
Development Code
Gas Well Development Plats shall conform to the following standards:
1. All proposed gas well development shall be in compliance with the Roadway Component of the
Mobility Plan.
2. Erosion control is required and shall comply with ,'di local, state and federal requirements or as
required by the Watershed Protection Permit or Gas Well Development Plat. The operator shall file a
copy of the Stormwater Pollution Plan if required by the EPA.
3. Reserve pits within 200 feet of a body of water, creek or floodplalnshall be lined to prevent water
pollution.
4. With the exception of vehicular access, no gas well development or activity is aJlowed in the FEMA
designated 100-year floodway. Drilling within a Flood Fringe or other ESA shown on the Map
adopted by the City is allowed under the restrictions set forth in Subsection 35.22.5(A)8.
5. Where tree mitigation is required, pursuant to a Watershed Protection Permit, any funds due shall be
paid prior to final approval of a Gas Well Development Plat.
6. Prior to approval of a Gas Well Development Plat or Gas Well Permit, a Road Repair Agreement that
will obligate operator (or by the operator's employees, agents, contractors, subcontractors or
representatives) in the performance of any activity authorized by or contemplated by the approved
Gas Well Development Plat, must be executed by the City of Denton. The City Manager shall have
the authority to enter into the Road Repair Agreement. A Road Repair Agreement is not required if
access to the well site is through an entrance from a State Highway.
7. The Gas Well Development Plat shall provide for adequate required public facilities, which may
include water supply, access roads, drainage, erosion control and other necessary supporting facilities
identified on the Plat. The design, location, and arrangement of all driveways and required parking
spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments.
8. In addition to the requirements of Section 35.16.11 (preliminary plat), if applicable, a Gas Well
Development Plat shall:
a. Identify truck routes and access points.
b. Identify Environmentally Sensitive Areas (ESA's) including floodplains and any proposed
floodplain, creek and stream crossings.
All floodplain, creek and stream crossings requiring the use of a culvert shall be designed to
a 10-year storm frequency.
ii All floodplain crossings shall have no negative affects on surrounding property.
iii A drainage study sufficient to substantiate i and ii will be required as part of the submittal if
crossings are proposed.
c. Show the location and use of ali structures within 500 feet of the wellhead.
d. Identify the proposed source of water and any other public utilities required.
e. Identify and show proposed method of erosion control.
f. Identify the Iocadon of proposed lease lines and welllocadons.
Label distance between wells and property lines.
ii Label distance between wells and smactures within 500 feet of wells as measured from the
property line.
iii Label distance between temporary holding ponds and floodplains.
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Subchapter 16
Development Code
g. Provide typical well site schematics showing layout during drllimg and upon completion of
drilling.
h. Show location of all proposed underground pipelines. As built drawings shall be filed with the
City. Ail pipelines proposed in public right-of-ways shall require a Right-of-Way Use Agreement.
The City Manager shall have the authority to enter into a Right-of-Way Use Agreement.
i. Identify if' pipelines connect with a Gas Distribution System.
E. Expiration of Gas Well Development Plat.
1. A Gas Well Plat requi£mg a Watershed Protection Permit shall expire on the earlier of the below two
(2) year expiration date or upon the expiration of a Watershed Protection Permit.
2. If improvements have not commenced as required by the Gas Well Development Plat, an approval
for a Gas Well Development Plat shall expire two (2) years from the date that the Gas Well
Development Plat is approved. The applicant may submit a written request for one six (6) month
extension of the Gas Well Development Plat prior to the expiration date. The request shall contain
documentation showing costs incurred to justify an extension.
3. Following expiration of a Gas Well Development Plat. no further _vas well drilling and production
shall be allowed on the land sub!ect to the expired plat.
35.16.20 Construction.
Improvements related to plat approvals shall comply with the followhag.
35.16.20.'1 Pre-construction Phase Procedures and Requirements.
Prior to beginning construction of public improvements the City Engineer shall schedule a preconstrucdon
conference between the owner/applicant and applicable City departments. Representatives of public and
franchise utilities shall be notified and maybe requked by the City to review the proposed improvements to be
made and the requirements of this Subchapter.
35.'16.20.2 Development Contract Required.
A. For all developments in which streets, drainage facilities, water or sewer lines or other improvements arc
to be constructed and dedicated or conveyed to the public, a development contract is required to ensure
proper construction and completion of the improvements and payment is made.
B. The developer shall submit the development contract, along with all required documents in conformity
with all City construction standards.
35.16.20.3 Construction, Inspection, and Acceptance.
The construction, inspection of construction, and acceptance of public improvements after completion shall be
approved by the City Engineer if the constracfion conforms to the requirements of all City construction
standards.
35.16.20.4 Cost of Improvements and City Participation.
The apphcant shall make all required improvements, at his expense, according to City rcgalafions, without
reimbursement by the City, except for certain reimbursable costs as provided in Sections 35.21.9 and 35.21.10.
35.16.20.5 Subdivider to Extend Mains and Streetsto Subdivisions.
If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall
construct the necessary extension as specified in this Subchapter. These mains or streets shall be constructed in
accordance with the master plan of the City. These facilities shah be in public easements, secured and paid for
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Development Code
by the developer. Such easements must be recorded as required by law before service is extended to the
subdivision.
35A6.20.6 Plat Required Before Issuance of Building Permits.
A building permit shall not be issued for any property unless a final plat is recorded for that property.
16-15
Exhibit C
Subchapter 17
Development Code
Subchapter 17 - Environmentally Sensitive Areas.
Sections:
35.17.1
35.17.2
35.17.3
35.17.4
35.17.5
35.17.6
35.17.7
35.17.8
35.17.9
35.17.10
35.17.11
35.17.12
35.17.13
Apphcation.
Environmentally Sensitive Areas Review.
Environmentally Sensitive Area Classifications.
Official Maps.
Developed Floodplain Development Standards,
Undeveloped Floodplain Development Standards.
Riparian Buffer and Water Related Habitat Development
Standards.
Upland Habitat Development Standards,
General Design and Improvement Standards,
Clustering Standards
Deveiopment Incentive Standards.
Alternative Proposals.
35.17.'1 Purpose.
This Subchapter is adopted for the following purposes:
A. Manage and protect environmentally sensitive areas wit}fin the City as well as detail such areas that have
been previously identified in The Detuon Plan.
B. Protect the natural and ecological resources that are essential elements of the City's health and community
character and which provide irreplaceable plant and wildlife habitat;
C. Establish a development framework for the City that is respective of private property rights, while
encouraging them to be used responsibly for the benefit of the entire community;
D. Preserve and enhance the City's distinctive community character and quality of life by ensuring that its
natural and built envkonments are consistent with the community vision and va}ties embodied in The
Denton Plan.
E. Establish regulations that conform to the requirements of the state and federal government regarding air
quality, water quality and environmental protection.
F. This subchapter is adopted pursuant to authority vested under the City's charter, and Tex. Loc. Gov't
Code, Chapters 211,212 and 401
A. The standards of this Suhchapter shall apply to all land and all development within the within the
corporate limits of the City, except as otherwise specifically provided for in this Subchapter.
B. The floodplain standards of ri% Subchapter shall apply to all land and all development within the
extraterritorial jurisdiction of the City.
C. The type of regulation applicable to the land depends upon the classification in which the land is placed, as
provided in this Chapter. If those regulations conflict with other regulations of this Subchapter, the more
stringent of the two regulations shall apply.
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A. Review Req~ed.
Envkonmen~y Sensitive Areas Rehew is req~md for ~ development except for ~e lo,orang.
App~cadon for an Environmenta~y Sensitive ~ea Review can be made ~ con~uncfion ~ a Site Rehew
reqored under Subchapter 13.
1. Prope~ ~at does not cont~n any enhroment~y sensitive areas as depicmd on ~e Ciw's
Enviroment~y Sensitive ~eas Map.
2. Grading, ~ng, cutting or o~er e~-mo~g acfihW on ~y lot invol~ng less ~m fi~ (50) cubic
y~ds;
3. Activities such as or~n~ m~ntenmce ~d landscaping operations, in~vidu~ home ~rdens, repots,
and ad~fions or ~nor mo~ficadons of a single-f~y dwe~ng, except as requked by
Development Code.
4. Development of single-f~y homes at a densi~ of one home for 2 acres or more sh~ be pe~iaed
and sh~ be subject to ~e fo~o~ng resmicdons:
a. The home sha~ not be located in ~e Enhronment~y Sensitive ~eas.
b. Chstefing is required where more ~an one home is pem~ed ~n a deveBpment in order
prese~e ~e ~eatest extant of ~e En~ronment~y Sensitive ~eas.
c. ~e dw~ sh~ be in comp~ance ~ ~ o~er deveBpment m~afions.
d. Septic ranks, septic rank dr~n fields, ~d other forms of on-site wastewater ~ea~ent sh~ not be
b~t ~n ~e Enhronment~y Sensitive ~eas.
5. The app~c~t cm demons~ate to ~e Director of Plmng and Development's safishcdon that ~e
subject proper~ con,ns no En~oment~y Sensitive ~eas.
B. Completed AppEcafion Req~ed.
A completed app~cafion for Envkonmen~y Sensitive Areas Rehew sh~ cont~n the fo~o~g:
1. A plan conmmg ~e fo~oMng information:
a. Locations ~d extent of ~ Enhroment~y Sensitive ~eas as defined ~ ~s Subchapter.
Mapping of Enhroment~y Sensitive ~eas sh~l be based on ~e Denton Environment~y
Sensitive ~eas Map ~d ~e text of ~s Subchapter, but may also be supplemented by ~the~mg
and re~e~ng documentation such as: field verification, Secdon 404 wedand pemt de~neafion,
aed~ photo~aphy, FE~ repom that de,cate and identify Environment~y Sensitive Areas.
b. A detestation, by the U.S. ~y Corps o~ Engineer or a qu~fied environment~ scientist with
a de,cation ceffified by the Co~s, of ~e presence or absence of ]uds~cfion~ wedmds and
waters of the U.S., md m indication of ~e location of any iuhs~cfion~ wedands.
c. C~ve~ng or bridges and associated land ~smrhances in confo~ance ~th ~e Dr~nage
d. B~g envelopes for new or redevelopment parcels ~at include concept pl~s for ~e b~ldable
2. Ad~fion~ plans and studies as required h ~e apphcable sections of tbs Subchapmr.
C. Criteria for Approve.
~e lo,owing chmha sh~ be used for ~e m~a~ment and promcfion of En~ronmen~y Sensitive
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Subchapter 17
Development Code
1. Environmentally Sensitive Area Standards. The Director of Planning and Development shall approve
the proposed development when the Applicant demonstrates the land development activity is in
compliance with the requirements of this Subchapter for floodplains, Riparian Buffers, Water Related
Habitat, and Upland Habitat and all other federal, state or local laws. The applicant shall meet the
following requirements:
a. The Envkonmentally Sensitive Areas have been properly identified and indicated on the required
plan.
b. The land disturbing activity will not cause damage to Environmentally Sensitive Areas located on
property adjacent to the areas of disturbance.
c. The land disturbing activity is in compliance with the requirements of this Subchapter and
Subchapter 18.
d. If jurisdictional wetlands are determined to be present by the U.S. Army Corp of Engineers or a
wetland delmeator certified by them, a Section 404 Permit or Letter of Permission from the
Corps shall be required before approval of the Environmental Review.
2. The specific delineation of the Environmentally Sensitive Area will he determined as part of the
review by the Dkector of Planning and Development based on the best available data.
Exph'arion.
The Environmentally Sensitive Area Rev/ew approved by the Director shall expire one year after the date
of approval unless the applicant has made application for a final plat for the development. The
Environmentally Sensitive Area review shall expire when final plat approval expires.
Credit.
Any Environmentally Sensitive Area that is protected may be used towards meeting the Landscape and
Tree Canopy requirements contained in Subchapter 13, the Parkland Dedication and drainage
requirements.
35.17.4 Environmentally Sensitive Area Classifications.
The following are used to de£me the classifications of land areas, their constraints to building and land
disturbing activity on them, and that comprise the Environmentally Sensitive Areas Map:
A. Developed Floodplain.
Any area defined as a floodplain within the FEMA 100-year floodplain. These areas have typically been
channelized or the land within these areas has been graded, filled, or otherwise disturbed.
B. Undeveloped Floodplain.
Areas within the FEMA 100-year floodplain, or other floodplain that is undeveloped and in its natural
state.
C. Riparian Buffers.
Areas identified as 100 feet from the stream centethne for streams draining a basin of greater than one
square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any
areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process.
D. Water Related Habitat.
Areas designated for wetland, tree and understory preservation and including significant stands of
predominately native water related habitat. These areas include wetlands.
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Subchapter 17
Development Code
E. Upland Habitat.
Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat.
35.17.5 Official Maps.
A. Environmentally Sensitive Areas Map.
The official map that identifies areas identified as Environmentally Sensitive Areas.
B. Environmentally Sensitive Areas Map Amendments.
Substantial amendments of the map shall follow the Zoning Amendment Procedure det~ed in Subchapter
3. The map may be updated administratively when specific information for a parcel is available delineating
the areas and field verified by the Director of Planning and Development.
C. Map Applicability.
For any application for an Environment~y Sensitive Areas Review, the delineation of those areas on the
site map, as approved by the Director of Planning and Development, shall supercede the Denton
Enviroranentally Sensitive Areas Map in determining what areas are subject to the requirements of th:is
Chapter as applied to a proposed development.
D. Text Applicability.
The text of this Subchapter, including definitions, describes and regulates the protected areas shown on
the City Environmentally Sensitive Areas Map as a reference.
E. Field Boundary Delineation.
The boundaries of all environmental areas shal] be deafly marked in the field for the duration of the land
disturbing activities on the property. The boundaries shall be marked as identified in the Site Design
Criteria Manual.
Development within the Developed Floodplains as identified on the Environmentally Sensitive Areas Map
shall comply with Subchapter 35.19 Drainage. Gas well drilling and production within developed floodplains
shall comply with Subchapter 35.22 (Gas Well Drilling and Production).
The following uses and activities axe allowed in the Undeveloped Floodplain and are in addition to the
restrictions for development of floodplains contained in this Subchapter. Site disturbance sh~ be delineated
on the completed application for Environmentally Sensitive Areas review:
A. Permitted Uses and Activities.
The following permitted uses and activities are allowed if in compliance with the Drainage code:
1. The planting of any new t~ees or vegetation.
2. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats,
wetlands and stxeams as required by federal and state standards.
3. The placement of public or private utility facilities such as sewer, storm water, water, electricity, gas,
or other utilities as long as installation xvill not have a negative impact on envirormaentally sensitive
areas and when adequately flood proofed.
4. Measures to remove or abate nuisances, or any other violation of federal, state or local law.
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Subchapter 17
Development Code
5. Parking lots, subiect to the limitations on £fll and surface material and constracted of pervious
materials.
6. Parks, open space, recreational uses, u'ails, walkways and bike paths.
7. New storm water pre-treatment facilities.
8. Routine repair and maintenance of existing structures, roadways, driveways, utilities, md accessory
9. Agricultural activity permitted through NWP 40, Agricultural Activities or any other permit as
required by FEMA or Section 404 pursuant to the Clean Water Act.
10. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential
hazard.
11. The construction of a private driveway.
12. Gas well drilling and production shall comply with Subchapter 35.22 Gas Well Drilling and
Production.
B. Prohibited Uses and Activities.
The following prohibited uses and activities are not allowed in undeveloped floodplains:
1. Uncontained and contained areas of hazardous materials. Handling or processing areas for the
receiving and storage of hazardous waste. Hazardous waste and solid waste landfills.
2. Land disturbing activity not authorized by a Corp Section 404 Permit or Letter of Permission and by
the Director as part of the environmentally sensitive area review.
3. Any new structures or additions, including garages and carports, and storage sheds located xvithin the
area mapped as Undeveloped Floodplain.
4. Tree and understory vegetation removal except as allowed by Subsection 35.22.5.A.8(c).
C. Standards for Fill in Undeveloped Floodplains.
The following ~e standards for £fll in the undeveloped floodplain:
1. Filling of any floodplain of a stream that drains more than one square mile is prohibited unless the fill
on any lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. Up to 15% of
the floodplain valley storage may be filled if the stream drains less than one square mile in area
pursuant to this Subchapter and federal law.
2. Excavation to balance fill shall be located on the same parcel as the fill uhiess it is not reasonable or
practicable to do so. In such cases, the excavation shall be located in the same drainage basin and as
close as possible to the fill site, so long as the proposed excavation and fill will not increase flood
impacts for surrounding properties as determined tkrough hydrologic and hycLraul~c analysis.
3. Fill and other material hnported to the lot shall be lknited to the following:
a. Poured concrete and other materials necessary to build permitted structures on the lot.
b. Aggregate base and paving materials.
c. Pervious materials as allowed in Subchapter 13, Site Design Standards.
d. Plants and other landscaping material.
4. If additional fill is necessary beyond the permitted amounts in (1) above for sites with streams that
drain an area greater than one square mile, then fill materials must be obtained from cutting or
excavation only to the extent allowed to create an elevated site for permitted land disturbing activity.
5. Adequate drainage shall be provided for the stability of the fill.
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Subchapter 17
Development Code
6. Fig to raise elevations for a building site shall be located no closer than permitted to the
Environmentally Sensitive Areas in order to reduce the impact of that fill on the adjacent areas.
D. Culverts and Bridges.
Culverts or bridges of any waterway or creek identified on the official maps adopted pursuant to this
Subchapter must be designed by an engineer. Stream crossings shall be designed to the standards of the
Drainage Subchapter, or where no floodway has been identified, to pass a one-hundred (100) year flood
without any increase in the upstream flood height elevation. The engineer shall consider in the design the
probability that the culvert will be blocked by debris in a severe flood and accommodate expected overflow.
Fig for culverts and bridges shall be kept to the minimum allowed, but is exempt from the limitations in section
(A) above.
35. f7.8 Riparian Buffer and Water Related Habitat Development Standards.
The following uses and activities are allowed in the Riparian Buffer and Water Related Habitats and are in
addition to the restrictions for development in this Subchapter, Site Disturbance and shall he delineated on the
completed application for Emfronmentally Sensitive Areas review:
A. Permitted Uses and Activities.
The following uses and activities are allowed in Riparian Buffer and Water Related Habitats and shall be
delineated on the completed application for Environmentally Sensitive Areas review:
1. Up to 10% of the area may be disturbed for private yard structures including but not limited to:
gardens, yards, trails, and tearings, but which are no doser than 25 feet from the stream bank or
riparian buffer. No disturbance is permitted in delineated wetlands.
2. Repair, replacement or improvement of utility facilities where:
a. The disturbed portion of the Environmentally Sensitive Area is restored; and,
b. Non-native vegetation is removed from the Environmentally Sensitive Area and replaced with
vegetation from the City Native Plant List.
3. Additions, alterations, rehabilitation, or replacement of existing sttuctures that do not increase the
existing structural footprint in the Riparian Area or Water Related Habitat Area where the disturbed
portion of the area is restored using native vegetative cover.
4. Stream, wetland, riparian and upland enhancement or restoration projects;
5. Agricultural actvity, including buildings and structures is permitted outside of the environmentally
sensitive areas, unless otherwise permitted through NWl? 40, Agricultural Activities or any other
permit as required by FEMA or Section 404 or as allowed in this Subchapter.
6. Routine repair and maintenance of existing structures, roadways, driveways, uti~ty facilities, accessory
uses and other development.
7. Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or
City Code of Ordinances.
8. Any action taken by the City in an emergency to mitigate an existing or potential hazard.
9. Gas well drilling and production within riparian buffers and water related habitats shall comply with
Subchaprer 35.22 Gas Well Drilling and Production.
B. Prohibited Uses and Activities.
The fogowing uses and activities are not allowed in Riparian Buffers and Water Related Habitats:
1. Land disturbing activ/ty not authorized by a Corp Section 404 Permit of Letter of Permission and by
the Directors as part of the ESA review.
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Subchapter 17
Development Code
Uncontained and contained areas of hazardous materials handling areas for the receiving and storage
of hazardous waste.
Any structures, including storage sheds, garages and carports, located witl~n the area mapped as
Riparian Buffer and Water Related Habitats.
35.17.9 Upland Habitat Development Standards.
The following uses and activities are allowed in the Upland Habitat and are in addition to the restrictions for
development within this Subchapter. Site disturbance shall be delineated on the completed application for
Environmentally Sensitive Areas review:
A. Permitted Uses and Activities.
The following uses and activities are allowed in Upland Habitats and shall be delineated on the completed
application for Environmentally Sensitive Areas Review:
1. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy,
which shall remain predominantly in its natural state. Non-residential development may remove any
or all of the Upland Habitat.
2. Selective pruning by a qualified and licensed tree surgeon is allowed to remove up to one-quarter of
the canopy for the purposes of a trees health.
3. Clustering of development in these areas shall be utilized to minimize impact to the natural
environment. Clustering shall be designed to maintain a contiguous forested area.
4. Agricultural activity, including buildings and structures is permitted outside of the environmentally
sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities or any other
permit as requked by FEMA or Section 404, or as allowed in this Subchapter.
The design and improvement of environmentally sensitive areas shall be in accordance with the following
standards:
A. These areas shall be linked to existing or planned open space or conserved areas to provide an overall
open space system.
B. These developments shall be arranged in order to maximize access and utilization of the environmentally
sensitive areas by residents of the development and the City.
C. These developments shall comply with the open space plans and requirements of the City.
D. The unbulldabIe site area shall be placed either in a lot or lots that incorporate a permanent conservation
easement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of
said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the
environmentally sensitive areas and shall run with the land and be binding upon ail successors and assigns
of the current owner. The unbulldable site area may be incorporated into lots of over 1/2 acre in size.
35.17.11 Clustering Standards.
Residential units or non-residential floor area ratio of a site may be clustered within the bulldable areas of that
site provided the folloxving standards are met:
A. Clustered density or floor area intensity may be transferred to contiguous lots under common ownership.
Clustering from one development site to another development site is prohibited.
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Subchapter 17
Development Code
1. A general development plan shall be used to designate all areas of common ownership.
2. A general development plan may be used to allocate the transfer of density between lots under
common owners?dp prior to their being sold.
The minimum two acre size requirement for clustering contained in Subchapter 5 is not applicable to
properties impacted by an Environmentally Sensitive Area.
An applicant may propose an Alternative Envirormaentally Sensitive Area Plan which meets or exceeds the
objectives of the Denton Plan and this Subchapter but does not meet the standards of this Subchapter. The
Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a
flexible discretionary process reviewed by the Planning and Zoning Commission utilizing the Alternative
Development Plan review process outlined in Subchapter 3.
17-8
Exhibit D
Subchapter 22 - Gas Well Drilling and Production
Sections:
35.22.1
35.22.2
35.22.3
35.22.4
35.22.5
35.22.6
35.22.7
35.22.8
35.22.9
35.22.I0
35.22.11
35.22.12
35.22.13
35.22.14
35.22.15
35.22.16
35.22.17
Definitions.
Gas Well Drilling and Production "By Right".
Gas Well Drilling and Production by Specific Use Permit or Planned Development Zoning
District; Appllcallon and Requirements.
Standards for Gas Well Drilling and Production.
DRC Recommendations for Specific Use Permits and Planned Development Zoning Districts.
Gas Well Permit Required.
Insurance and Indemnification.
Security.
Rexfew of Application for Gas Well Permit.
Periodic Repotrs.
Notice of Activities.
Amended Gas Well Permits.
Transfer of Gas Well Permits.
Inspection
Remedies of the City.
Enforcement, Right of Entry.
The drilling and production of gas within the corporate limits and Extraterritorial jurisdiction 0STJ) of the City
necessitate reasonable regtflafions to prevent destruction of property, protect watersheds within the City of
Denton and its ETJ, prevent injury to persons, and ensure that production activities conform to the Denton
Plan and development regtdations. Th~s Subchapter implements reasonable regulations to protect the health,
safety, and general welfare of the public and to accomplish the orderly and practical development of mineral
resources. Tiffs subchapter is adopted pursuant to authority vested under the City Chazter and Tex. Loc. Gov't
Code, Chapters 211,212 and 401.
35.22.2 Definitions.
All technical industry words or phrases related to the drilling and production of gas weLLs not specifically
defined shall have the meanings customarily attributable thereto by prudent operators in the gas industry. For
the purposes of this Subchapter, the foLLowing definitions shall apply unless the context nleafly indicates or
requites a different meaning.
Abandonment. "Abandonment" as defined by the Ra~'oad Commission and includes the plugging of the
well and restoration of the drill site as required by this Subchapter.
Cathodic protection. An electrochemical corrosion control technique accomplished by applying a direct
current to the structure that causes the structure potential to change from the corrosion potential to a protective
potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or
by an impressed current system.
Contaminant. Any substance capable of causing pollution, including but not limited to smoke, vapors,
fumes, acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or other irrit~ants.
Drilling. Any digging or boring of a new well to develop or produce gas or to inject gas, water, or any other
fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. D£tiling does not
mean or include the re-entry of a well that has not been abandoned
Drill Site. The area used for di:fillng, completing, or re-working a well.
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Exploration. Geologic or geophysical activities, including, but not limited to surveying and seismic
exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Fracturing. The use of stimulants injected into a gas well to split or fracture the formation to improve the
productivity of the gas well.
Gas. Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad Commission.
Gas Well. Any well drilled for the production of gas or classified as a gas well under the Texas Natural
Resources Code.
Gas Well Permit. A Gas Well Permit applied for and issued or denied under this Subchapter authorizing the
d£flllng, production, and operation of one or more gas wells.
Hazardous Materials Management Plan. The hazardous materials management plan and hazardous
materials inventory statements required by the Fire Code.
Liner. A continuous layer of materials, synthetic or natural, beneath and on the sides of a pit that restricts the
downward and lateral release of fluids.
New Well. A new well bore or new hole established at the ground surface and shall not include the re-
working of an existing well that has not been abandoned.
Oil and Gas Inxpector. An inspector designated by the City of Denton that is responsible for evaluating the
impacts of exploration, development, and production o f oil and/or gas wells. Responsibilities include environmentally
sensitive areas review, erosion control inspection, monitoring, and evaluating compliance with federal, state, and local
Operation Site. The area used for development and production and all related operational activities of gas
after di:fillng activities are complete.
Operator. For each well, the person listed on the RaiLroad Commission Form W-1 or Form P-4 for a gas well.
Permit. Any written license granted by the City of Denton for the exploration, development, and production
of gas wells issued pursuant to rules and regulations of this Subsection.
Petroleum Specialist. A person familiar with and educated in the oil and gas industry who has been retained
by the City.
Railroad Commission. The Railroad Commission of Texas.
Re-working. Re-completion or re~entry of an existing well w/thin the existing bore hole or by deepening or
sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or
replacement of well liners or casings.
Spud: The first time the drill bit enters the ground for gas well drilling and production.
Tank. A container, covered or uncovered, used in conjunction with the drilling or production of gas or other
hydrocarbons for holding or storing fluids.
Technical advisor. Such person(s) familiar with and educated in the oil and gas industry or the law as it
relates to oil and gas matters who may be retained from time to time by the City of Denton.
Well. A hole or bore to any horizon, formation, or strata for the purpose of producing gas, or other liquid
hydrocarbons.
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Subchapter 22
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A. The drilling and production of gas within the corporate Emits of the City shall be permitted by right within
the Rural Residential 0LD-5), Rural Commercial (RC), Neighborhood Residential 1 (NR-1), Neighborhood
Residential 2 (NR-2), Regional Center Commercial Neighborhood 0tCC-N), Regional Center Commercial
Downtown 0RCC-D), Employment Center Commercial 0EC-C), Employment Center Industrial (EC-I),
Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts provided
that no residential structure or place of assembly, institution or school exists no closer than five hundred
feet (500') from the wellhead or within a previously platted residential subdivision where one or more lots
have structures and provided that the drilling and production of gas meets the following reqnirements:
1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas Well Drilling and
Production.
2. An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director.
3. A Gas Well Permit has been issued by the Fire Marshal.
4. A Watershed Protection Permit for weUs located in the Flood Fringe or other ESA's
B. The drilling and production of gas with/n the corporate limits of the City shall be permitted by right within
the Rural Residential 01D-5), Rural Commercial (RC), Neighborhood Residential I (NR-I), Neighborhood
Residential 2 (NR-2), Regional Center Commercial Neighborhood 0ICC N), Regional Center Commercial
Downtown (RCC-D), Employment Center Commercial (EC-C), Employment Center Industrial (EC i),
Industrial Center Employment (IC-E) and Industrial Center General (IC-G) Zoning Districts if the
property owner of a residential structure within two hundred and fifty feet (250) to five hundred feet
(500') of the wellhead agrees in writing and provided that the drilling and production of gas meets the
requirements of Section 35.22.3.A.1. through. 3 and other requirements of this subchapter.
C. A gas well permit shall automatically terminate, unless extended, if drilling is not commenced witl~n one
year from the date of the issuance of the permit. A permit may be extended for an additional six months
upon request by the operator and proof that the regulatory standard of the requested permit for such
location has not changed.
D. A watershed protection permit shall automatically terminate, unless extended, if spudding is not
commenced within six months from the date of the issuance of the permit. A permit may be extended for
an additional three months upon application and if no revision to the gas well drilling and production
regmlations is in process. A permit may be extended for an additional three months upon application,
under the same cdreria for the first extension.
E. The gas well permits required by this Subchapter are in addition to, and are not in lieu of, any permit that
may be required by any other provision of the Denton City Code or by any other governmental agency.
35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned
........................... .
A. No person, acting for himself or acting as an agent, employee, independent conU:actor, or servant for any
person, shall engage in drilling or production of a gas well within the corporate limits of the City without
first obtaining either a Specific Use Permit as required by this Subchapter or unless permitted w/thin a
Planned Development Zoning District unless drilling is permitted by right pursuant to Section 35.22.3. A
Specific Use Permit shall be required to vary the standards under Subsection 35.22.5.
B. An application for a Specific Use Permit or Pianned Development Zoning District for the drilling and
production of a gas well shall be filed by the person having legal authority. That person is presumed to be
the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral
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Subchapter 22
Development Code
owner. The Chairman of the Development Review Committee (DRC) may require an applicant to submit
information of authority to file an application.
The Chairman of the DRC has the authority to establish requirements for applications in the Application
Criteria Manual. No application shall be accepted for fi/rog until it is complete and the fee established by
the City Council of the City of Denton has been paid. Incomplete applications shall be returned less a fee
for processing determined by the Director of Plarming and Development.
No application for a Gas Well Development Plat Gas Well Permit. Watershed Protection Permit or any
other application for drilling and production of _ms within the city limits shall be approved outright or
conditionally until a Specific Use Permit or Planned Development District authorizing such use first has
been approved. Denial or conditional approval of a Specific Use Permit or Planned Development
District for gas well drilling and production shall be grounds for denial or conditional approval of any
other permit application pertaining to such use for the same land.
The drilling and production of a gas well within city limits or the City's ETJ shall inclFde the following
standards:
I. Development Permits Required. No drilling or production of a gas well shall begin until the
following permits have been approved:
a. A Gas Well Development Plat that has been approved by the Chairman of the DRC is on file
with the Department that conforms to the requirements of Subsection 35.16.19, Gas Well
Development Plats.
b. A Gas Well Permit has been issued by the City Fire Marshali in accordance with Subsection
35.22.7 and Subsection 35.22.10.
c. A Watershed Protection Permit for land within the Flood Fringe or other ESA has been
approved by the Chairman of the DRC pursuant to Subsection 35.22.5.A.8.
d. No permits shall be approved for gas wall drilling and production on any land located within the
100-year floodway or within 1200 feet of the flood pool elevation of Lake Ray Roberts or Lake
Lewisville. unless the property owner has first applied for and received approval of the City
Council. for Specific Use Permit pursuant to Subsection 35.22.4.A. or for relief pursuant to
Subsection 35.3.10.
2. On-site requirements.
a. A secured entrance gate shall be requked. Street lighting shall be required pursuant to Section
26-76 of the Utility Code of the Code of the City of Denton, Texas or the sign identifying the
entrance to the drill site or operation site shall he reflective.
b. Fences shall not be required on drill sites during initial drilling, completion, or re-work operations
as long as 24 hour on site supervision is provided. Once 24-hour supervision has ceased, all
drilling features including storage pits shall be fenced to prevent access.
c. Fences located on operation sites shall remain locked at all times when no one is present.
di No refining process, or any process for the extraction of products from gas, shall be carried on at
a drill site or operation site, except that a dehydrator and separator may be maintained on a drill
site or operation site for the separation of liquids from gas. Any such dehydrator or separator
may serve more than one well. Gas Processing Facllkies shall require a Specific Use Permit.
e. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four inch (4") lettering shall be posted at the entrance of each drill site and
operation site. The sign shall include the development or operating company that is currently
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Subchapter 22
Development Code
responsible for the gas well plat, the Railroad Commission Well Identification Number and the
American Petroleum Institute number for the well, the phone number for emergency services
(911), the number for the operator, and any other weg designation required by the Railroad
Commission in two inch (2") lettering.
f. No person shall place, deposit, or discharge (or cause or permit to be placed, deposited, or
discharged) any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse,
including wastewater or brine, from any gas operation or the contents of any container used in
connection with any gas operation in, into, or upon any public right-of-way, storm drain, ditch or
sewer, sanitary drain or sewer, any body of water, or any private property within the corporate
limits or the ETJ of the City of Denton.
g. All production equipment on an operation site shall be pafilted and maintained at all times,
including pumping units, storage tanks, buildings, and structures.
h. Afl electric lines to production faci~fies shall be located in a manner compatible to those already
installed in the surrounding areas or subdivision.
i. Ail fire suppression and prevention equipment required by any applicable federal, state, or local
law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of
such equipment shall be the responsibility of the operator.
j. No operator shall excavate or construct any lines for the conveyance of fuel, water, or minerals
on, under, or through the streets or alleys or other land of the City without an easement or right-
of-way license from the City, at a price to be agreed upon, and then only in strict compliance with
this Suhchapter, with other ordinances of the City, and with the specifications established by the
Engineering Department.
k. The digg4ng up, breaking, excavating, turmeling, undermining, breaking up, or damaging of any
public street or leaving upon any public street any earth or other materials is prohibited.
Construction activities or deposition of any materials or obiects creating an obstruction within
limits of public right-of-way or easements are prohibited unless the operator has first obtained
written approval from the Engineering Department and, if applicable, has filed a right-of-way use
agreement, and then only if in compliance with specifications established by the department.
1. No Gas Well permit shall he issued for any well to be chilled within any of the streets or alleys of
the City and/or streets or alleys shown by the Denton Plan, 1999-2020 and no street shall be
blocked or encumbered or dosed due to any exploration, drilling, or production activities unless
prior consent is obtained by the City Manager, and then only temporax4]y.
m. Pit ~ners shall be designed, constructed, and installed to prevent any migration of materials from
the pit into adjacent subsurface soils, ground water, or surface waters at any time during the life
of the pit. Ail lined pits sha~l adhere to the liner stand,ds set forth by the Railroad Commission.
n. Ali w~ heads, storage tanks, separation facilities or other mechanical equipment located within
500' of an adjacent residential property and not within a floodplain shall be screened from the
residential property with a 6' high solid screen fence, good side facing the residential property.
Operations and equipment practices and standards.
a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor,
fumes, dust, noise and vibration.
b. Directional lighting shall be provided for the safety of gas well drilling and production operations
and shall be provided so as to not disturb or adversely affect adjacent developments.
c. The operator shall at all times comply with the rules and regulations of the Raih'oad Commission
including but not limited to ~ applicable Field Rules.
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Subchapter 22
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d. Internal combustion engines may be used in dx:filing operations if they have mufflers that will
reduce noise to not more than 90 decibels at any point 300 feet from the boundary of the drill
site or operation site. Only electric motors shall be used for the purpose of pumping gas wells.
e. There shall be no venting of gas into the open air in residential areas except as allowed by the
Railroad Commission and as approved by the Fire Marshal.
fi Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site
(or on any public street, alley, driveway, or other public right-of-way) in such a way as to
constitute a fire hazard or to urzreasonably obstruct or interfere with fighting or controlling fires.
g. Only Lfight Sand Fracture Technology or technologies approved by the Fire Marshal in
accordance with the Fire Code City shall be used to fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during daylight hours unless the Operator has
notified the F'tte Marshal that fracing will occur before or after daylight hours to meet safety
requirements.
i. Air, gas, or pneumatic drilling sh~ not be permitted.
j. Notices shall be pursuant to Subsection 35.22.12.
4. Storage tanks and separators.
a. An operator is allowed to construct, use, and operate such storage equipment and separation
equipment as shown on the typical well site, typical drilling pad, and typical pad site locations on
the approved Gas Well Development Plat.
b. The use of centralized tank batteries is permitted as shown on the applicable Gas Well
Development Plat.
c. No gas well development is allowed in the FEIMA designated 100-year floodway or within 1200
feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville.
d. No storage tanks or separation facilities shall be placed in the Flood Fringe or other ESA except
in accordance with Subsection 35.22.5(A)8.:
5. Flow lines and gathering lines.
a. Each operator shall place an identifying sign at each point where a flow fine or gathering line
crosses a public street or road.
b. Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as
required by the Railroad Commission.
c. All flow lines and gathering lines within the corporate limits of the City (excluding City utility
lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be
limited to the m,~ximum allowable operating pressure applicable to the pipes installed and shall be
installed with at least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
d. Structures shall not be bulk over flow lines or gathering lines.
6. Additional safety and environmental requirements.
a. The drilling and production of gas and accessing the gas well site shall be in compliance with all
state and federal environmental regulations. No gas well development or actvity is allowed in the
FEMA designated 100-year floodway. Dr:filing within Flood Fringe or other ESA shown on the
Map adopted by the City is allowed under the restrictions set forth inSecfion 35.22.5(A)8.
b. Erosion control practices shall be conducted for ail gas wells. Compost berms that are at least 1
foot high and two feet wide, or equivalent erosion control devices, shall be installed so that all
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portions of the well pad that may drain off-site are contained. Damage resulting from
sedimentation and/or erosion shall be repaired immediately.
c. Gas wells may have a target location or bottom-hole location that is under the floodway, an
Environmentally Sensitive Area (liSA) or within 1200 feet of the flood pool elevation of lake Ray
Roherts or Lake Lewisville when the gas well is drilled direcfionally from a location outside such
areas.
d. Each well shall be equipped wkh an automated valve that closes the well in the event of an
abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve
to the well distribution hne.
e. Each storage tank shall be equipped with a level control device that wiJl automatically activate a
valve to close the well in the event of excess liquid accumulation in the tank
f. All storage tanks shall be anchored for stability.
g. All storage tanks shall be equipped with either steel or concrete secondary containment systems
including lining with an impervious material. The secondary containment system shall be of a
sufficient height to contain one and one-half (1 t/2) times the contents of the largest tank in
accordance with the Fire Code. Drip pots shall be provided at pump out connections to contain
the liquids from the storage tank.
h. Outdoor storage areas shall be equipped with a secondary containment system designed to
contain a spill from the largest individual vessel. If the area is open to rainfall, secondary
containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25-
year storm and provisions shall be made to drain accumulations of ~'ound water and rainfall.
i. Tank battery facilities shall be equipped xvith a remote foam line and a lightning arrestor system.
j. A Hazardous Materials Management Plan shall be on file with the Fire Marshal. Any updates or
changes to this plan shall be provided to the Fire Marshal xvithin 3 working days of the change.
All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain,
and faci~tate rapid remediation and cleanup of any accidental spill, leak, or discharge of a
hazardous material. Operator shall have all material safety data sheets 0V[SDSs) for all hazardous
materials on site. All applicable federal and state regulatory requirements for the proper labeling
of containers shall be followed. Appropriate pollution prevention actions shall be required and
include, but are not limited to, chemical and materials raised from the ground (e.g., wooden
pallets), bulk storage, installation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
k. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however,
all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface
unless the surface owner submits a written agreement othenvise. Three feet 0') shaU be the
minimum depth.
1. No structures shall be built over an abandoned well.
m. No gas well drill sites shall be allowed on slopes greater than ten (10) percent.
n. No salt-water disposal wells shall be located within the City of Denton.
o. Lining the reserve pit shall be required if the reserve pit is within two hundred feet (200)' of a
body of water, creek, or floodplain.
p. No gas well permit wi[[ be issued for any we]] where the center of the well at the surface of the
ground is located within 250 feet of an existing fresh water well intended for domestic use.
q. The contents of any pit shall always be maintained at least 2 feet below the top of the pit.
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Subchapter 22
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r. Fencing shall be installed to restrict access to a reserve pit or other open water reservoir utilized
in gas well drilling operation at a drill site within the corporate limits of the City, except as
prox4ded in Section 35.22.5, C.2.c.
s. Drip pans and other containment devices or oil absorbing materials shall be placed or installed
underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical
storage tanks, system valves, connections, and any other areas or structures that could potential
leak, discharge, or spill hazardous liquids, semi-liquids, or solid waste materials, including
h~ardous waste inseparable by simple mechanical removal processes that is made up primarily of
natural material.
t. After the well has been completed, or plugged and abandoned, the operator shall clean and repair
all damage to public property caused by such operations within thirty (30) days.
u. After any spill, leak or malfunction, the operator shall remove or cause to be removed ,all waste
materials from any public or private property affected by such spill, leak or malfunction. Clean-
up operations shall begin immediately.
v. The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated
soil, weeds, brush, trash or other waste material outside the drill site within a radius of one
hundred (100) feet around any separators, tanks and producing wells within the leased property.
xv. Drilling mud and reserve pits shall adhere to the following requirements
The type of pit used in drilling operations shall be specified at the time of permitting.
The oil and gas inspector may perform a contamination assessment for any reserve pit,
completion / work-over pit, drilling fluid d~sposal pit, makeup water pit, mud circulation pit,
washout pit, or water condensate pit. The following concentrations for contaminants ~
be used to determine if contamination exists within any materials in the pits:
Compound ] Concentration limit
TPH 15 m~/L
BTEX 500 ug/L
Benzene 50 ug?L
From 30TAC 321.131.138
If concentrations exceeding these values are detected, the operator shall remove, cause to be
removed, or otherwise remediate contaminants, to the satisfaction of the oil and gas
inspector. Cleanup operations shall begin immediately. Cleanup activities that do not
begin within 24 hours of notification by the oil and gas inspector shall be considered a
violation of this Subchapter.
ii Only freshwater-based mud systems shall be permitted. Saltwater-based mud systems
and oil-based mud systems are prohibited.
iii Chloride content of fluids held in reserve pits may not exceed 3,000 milligrams per hter.
iv No metal additives may be added to any drilling fluids.
v All fluid produced from the well during completion of production shall be held in
enclosed containers while stored on the property.
vi All fluids shall be removed ("de-watering") from the reserve pits within 30 days of
completion of drilling operations.
vii The pit and its contents shall be removed from the premises within ninety (90) days
after completion of the well; provided, however, that the permittee may apply for a 90 day
extension from such requirements based on showing of good cause, necessity to maintain
said pit, inclement weather, or other factors. The City may designate a period of time shorter
than the 90-day extension set out herein.
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Subchapter 22
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x. No gas well operation shall be permitted within twelve hundred (1,200) feet of the flood pool
elevation of Lake Ray Roberts or Lake Lewisville.
y. The provisions of 35.22.5(A)6 shall apply both within the corporate limits of the City of Denton
and within the ETJ of the City of Denton.
Supplemental drilling.
a. Supplemental drilling to deepen or directional ctdU an existing well shall be conducted in
accordance with the conditions for the applicable Specific Use Permit or Planned Development
Zoning District or underlying zoning classification that permits gas development by right. The
operator shall provide the Fire Marshal a copy of additional Railroad Commission permits that
allow drilling to a deeper depth.
b. Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the approved Gas Well Permit for the well on file with the City.
Watershed Protection Requirements for Wells located in Flood Fringe or other ESA's.
The standards in this subsection are intended to minimize adverse impacts on areas within in the
Flood Fringe or ESA. reduce flood dama~, and lessen the potential for contaminating surface water
or any water supply.
a. Prior to location of any gas well in the Flood Fringe or ESA, the property owner or applicant
shall first obtain approval of an application that meets the criteria of the Application Criteria
Manual for a Watershed Protection Permit and shali comply with the provisions of Subsection
35.22.5.. and shall be located outside these areas whenever pracficabie to minimize adverse
impacts on these areas, reduce flood damage, and lessen the potential for contaminating surface
water or any water supply.
b. A Watershed Protection Permit containing an ESA assessment of the drill site shall be submitted
to the DRC by the Watershed Protection Departoaent and/or the Floodplain Administrator for
all riparian buffer and floodplain ESA's prior to the approval of a Gas Well Development Plat.
If a riparian buffer is designated as "fair" to "excellent" ESA, the designated protective
stream buffer width as specified in Subchapter 17 of the Denton Development Code shall
apply.
ii Within all areas except unstudied floodplains, if the stream is designated as a "poor"
ESA, the designated width of the protective stream buffer 'shall be decreased by either 50-
percent or to the limits of the floodway whichever is greater, but in no instance shall the
protective stream buffer width be decreased below 25-feet measured each direction from the
centeriine of the existing channel.
iii Drill sites shall not be located within any designated ESA riparian buffer.
c. The Watershed Protection permit application shall contain the following information and such
information as may be required by the Development Review Committee which is reasonEbly
necessary to review and determine whether the proposed development and required facilities
meet the requirements of tNs Subchapter and as required by the Application Criteria Manual.
The information that is required for the Watershed Protection permit shall include, but not be
limited to:
A tree inventory plan shall be submitted.
ii Any request to remove tree(s) shall be accompanied by a letter from a certified geologist
or engineer that indicates why the well site cannot be located to avoid the trees,
iii Tree mitigation for gas wells located in a floodplain fringe or other ESA shall be
required and shall be calculated on a 1:1 replacement value for 100% of the dbh of trees
removed from the drill site. Tree mitigation sha~ be accomplished by planting replacement
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Subchapter 22
Development Code
35.22.6
trees, within a floodplain, on-site or off-site wkh sirn~r tree species or by payment into a
tree fund. Tree mitigation funds that are specific to ESA's will be kept separate from other
tree funds and will only be used to either acquire wooded floodplain or riparian property that
remains in a naturalistic state in perpetuity, or to purchase conservation easements within
riparian or floodplain areas. Funds may be used to purchase, plant, and maintain trees on
public property, as long as the public property is within a riparian area or floodplain.
iv Tree Mitigation funds shall be paid prior to final approval of a Gas Well Development
Plat in a Flood Fringe or other ESA.
d. Storage tanks or separation facilities, serving one well head, may be placed in the Flood Fringe or
ESA under the following conditions:
i. These fad[ities shall be constructed at least 18-inches above the established Base Flood
elevation plus the surcharge depth for encroachment to the hmits of the floodway having a
one-percent chance of being equaled or exceeded in any year.
ii. A hydrologic and hydraulic engineering study shall be performed by a Registered
Professional Engineer. The study shall be submitted to the Engineering Department in a
technical report for review by the City Engineer or his designated representative. The report
shall demonstrate that the proposed facilities will have no adverse impacts on the carrying
capacity of the adjacent waterway nor cause any increases to the elevations established for
the floodplain. When the Special Flood Hazard Areas (SFHA) on the subject site is
designated as "Zone A" on the FIRM Panel, or the SFHA is not identified on the FIRM
Panel, the following approx/mate method may be used to evaluate the impacts from gas well
development. A flow rate shall be calculated using procedures set forth in the City of
Denton Drainage Criteria Manual. Using Manhing's Equation with an estimate of the
average slope of the stream, measurements of a single irregular cross-section geometry at the
well site, and the 100-year discharge rate, the average velocity and normal depth may be
calculated. Calculations shall be provided for the unaltered existing channel cross-section
and for the proposed modified channel cross-section and submitted to the City for review
and approval prior to construction within these areas.
c. If evidence from water quality monitoring efforts indicates that contamination is occurring from
gas wells, the operator shall remove, cause to be removed, or otherwise remediate contamination,
as requLred by the oil and gas inspector including but not limited to Waste Minimization Practices
established by the Raikoad Commission. Cleanup operations shall begin inmaediately. A re-
inspection fee shall be charged as established by the City Council and published in the
Application Criteria Manual.
f. No more than ten (10) percent of the floodplain, within the bruits of the Gas Well Deveiopment
Plat, may be filled.
g. The provisions of 35.22.5(A)6 and 35.22.5 (A)8 shall apply both within the corporate limits of the
City of Denton and within the ETJ of the City of Denton.
Drilling and production of gas wells shall comply with all federal, state, and local laws applicable to gas
well drilling, production and operations.
DRC Recommendations for Specific Use Permits and Planned
The Department shall forward all applications for Specific Use Permits and Planned Development Zoning
Districts to the DRC for review. The DRC shall review each application within 30 days after fding and
shall make recommendations regarding the applications to the Planning and Zoning Commission and City
Council. A copy of all recommendations shall be provided to the operator. The DRC may make
22 10
Subchapter22
Development Code
recommendations regarding any aspect of the proposed gas well development including, but not limited to,
recommendations with respect to the standards set forth in Section 35.22.5.
B. In cotmection with its review of an application for a Specific Use Permit or Planned Deve[opment Zoning
District for the drilling and production of gas wells, the DRC may determine that it is necessary to h~re a
pertdie~m spe~iahst to assist the DRC in reviewing the application. If such a determination is made, the
DRC x, all promde the operator a written "scope of work" that the DRC proposes for such special/st. The
DRC and the operator will attempt to agree upon the "scope of work"; however, the decision of the DRC
shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will
pay for the services of the specialist after they are rendered. All work performed by the speaialist shall be
itemized on a daily basis (including a description of the work and the amount of time spent), and such
itemization shall be provided to the operator with each request for payment.
C. The DRC has the authority to establish guidelines to use in making recommendations for Gas Well
Permits or by Specific Use Permit or Planned Development Zoning Districts
in the Application Criteria Manual. Guidelines shall be placed
35.22.7 Gas Well Permit Required.
A. Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any
person, shall not engage in the drill/ng and production of gas wells within the corporate limits of the City
without first obtaining a Gas Well Permit issued under this Subchapter. The re uirements of this section
shall beconstru d as an exercise fthe i ' z din wrs ursuan t ' a er Tx. Loc. Go,t
B. Code Cra ter 2II and the rovisions of Subcha ter 35.5 of the Denton Devein merit Code.
When a Gas Well Permit has been issued covering a well, the permit shall constitute authority for drifting,
operation, production, gathering of production, maintenance, repair, re-working, testing, site preparation
consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this
Subchapter associated with driIling or production by the operator and their respective employees, agents,
and contractors. A Gas Well Permit shall also constitute authority for the construction and use of all
facilities reasonably necessary or convenient in connection therewith, including gathering lines and
discharge lines, by the operator and its respective employees, agents, contractors and subcontractors.
C. A Gas Well Permit shall not be required for exploration for gas. Exploration of gas means geologic or
geophysical activities, including, but not limited to surveying and seismic exploration, related to the search
for oil, gas, or other sub-surface hydrocarbons.
D. Any well that has been annexed into the City shall be required to meet the re nireme
and shall annl,, for a wron Permi ..... - q nts of this Subcha ter
Gas Well Permit issued eP~
the Fire Marshal prior to the effective date of this Subchapter shall provide all
vt- ~ Gas ~,,~ ~ on me errecnve aate of the annexation. Any well that has obtain aby
information required for Gas Well Permits under this Subchapter urdess the information has been
previously provided to the Fire Marshal. Gas Well Permits issued by the Fire Marshal prior to the
effective date of this Subchapter shall comply with the following requirements:
1. Standards for Gas Well Drill/rig and Production requirements of Section 35.22.5.
2. Insurance and Security requirements of Section 35.22.8 and Section 35.22.9.
3. Periodic reports as required by Section 35.22.1I.
4. Road Maintenance Agreement unless already provided.
5. Notice of Activity requirements of Section 35.22.12.
E. A Gas Well Permit shall not, however, constitute authority for the re-entering and drilling of an
F. abandoned well. Re-entry and drilfing of an abandoned well shall require a new Gas Well Permit.
~ ..... y me ~aperator, snau mcauae me appllcauon fee, shall include a copy of the apphP'cable S~ecifia~c
22-11
Subchapter 22
Development Code
Use Permit or Planned Development Zoning District or Development Plat, and shall include the
information required by the Application Criteria Manual unless such information has been previously
provided to the City.
35.22.8 Insurance and Indemnification.
The operator shall provide or cause to be provided the insurance described below for each well for which a
Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The
operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be
approved by the Risk Manager for the City of Denton.
A. General Requirements. Indenmification and Express Negligence Provisions.
1. Each Gas Well Permit issued by the City shall include the following language: Operator does hereby
expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever
had, or now have or may have, or assigns may have, or claim to have, against the City of Denton,
and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or
employees, created by, or arising out of personal injuries, known or unknown, and injudes to
property, real or personal, or in any way incidental to or in connection with the performance of the
work performed by the operator under a gas well permit and the operator caused by or ~ising out of,
that sequence of events which occur from the operator under the Gas Well Permit and work
performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of
Denton, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns,
sponsors, or volunteers from and against each and every claim, demand, or cause of action and any
and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses
incurred in defense of the City of Denton, Texas, and/or its departments, agents, officers, servants, or
employees, including, without limitation, personal injuries and death in connection therewith which
may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising
out of, or in any way incidental to or in connection with the performance of the work performed by
the Operator under a Gas Well Permit and, the Operator agrees to indemnify and hold harmless the
City of Denton, Texas, and/or its departments, and/or its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or d,xmages suffered as a result of
claims, demands, costs, or judgments against the City and/or, its departments, it's officers, agents,
servants, or employees, created by, or arising out of the acts or omissions of the City of Denton
occurring on the drill site or operation site in the course and scope of inspecting and permitting the
gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN
WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF DENTON
OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE
OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND
AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE
CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS,
SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF
THE CITY OF DENTON, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS,
SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR
CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE.
LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE
OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE
MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
2. All policies shall be endorsed to read "this policy will not be cancelled or non-renewed without 30
days advanced written notice to the owner and the City except when this policy is being cancelled for
nonpayment of premium, in which case 10 days advance written notice is required".
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Development Code
3. Liability policies shall be written by carriers hcensed to do business in Texas and with companies with
A: VIII or better raring in accordance with the current Best Key Rating Guide, or with nonadm~tted
carriers that have a fm,-xnalal rating comparable to carriers licensed to do business in Texas approved
by the City.
4. Liabi~ty policies shall name as "Additional Insured" the City and its officials, agents, employees, and
volunteers.
5. Certificates of insurance shall be presented to the City evidencing a~ coverage's and endorsements
required by this Section 3S.22.8, and the acceptance of a certificate without the required limits and/or
coverage's shag not be deemed a waiver of these requirements.
6. Claims made policies w~ not be accepted except for excess policies or unless otherwise provided by
this Subchapter.
Required Insurance Coverage's.
1. Commercial General Liability Insurance.
h. Coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily
Injury and Property Damage. Tiffs coverage shall include premises, operations, blowout or
explosion, products, completed operations, blanket contractual hability, underground property
damage, broad form property damage, independent contractors protective liability and personal
injury.
i. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or
written as separate coverage. Such coverage shall not exclude damage to the lease site. If
Environmental Impairment (or Seepage and Pollution) Coverage is written on a "claims made"
basis, the policy shall provide that any retroacrive date applicable precedes the effective date of
the issuance of the permit. Coverage shall apply to sudden and non-sudden pollurion condirions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste material or other irritants, contaminants or pollutants.
2. Automobile Liability Insurance. M~uimum Combined Single Limit of $500,000 per occurrence for
Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired
vehicles.
3. Worker's Compensation Insurance. In addirion to the minimum statutory requirements, coverage
shall include Employer's Liability ILtrfits of at least $100,000 for each accident, $100,000 for each
employee, and a $500,000 policy limit for occupational disease, and the insurer agrees to waive rights
of subrogation against the City, its officials, agents, employees, and volunteers for any work
performed for the City by the operator.
Excess (or Umbrella) Liability Insurance. M~nimum limit of $10,000,000 covering in excess of the
preceding insurance policies.
Contro~ of Well Insurance.
a. M~uimum limit of $5,000,000 per occurrence.
j. Policy shall cover the Cost of controlling a wall that is out of control, Re-drilling or Restoration
expenses, Seepage and Pollution Damage. Damage to Property in the Operator's Care, Custody,
and Control with a sub-bruit of $500,000 may be added.
A. A security instrument that covers each well shall be delivered to the Fire Marshal before the issuance of
the Gas Well Permit for the well. The instrument shall provide that it cannot be cancelled without at least
thirty 30 days' prior writCen notice to the City and, if the instrument is a performance bond, that the bond
22-13
Subehapter 22
Development Code
cannot be cancelled without at least ten 10 days' prior written notice for non-payment of premium. The
instrument shall secure the obllgefions of the operator related to the well to:
1. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to
bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or
representatives in the performance of any activity authorized by or contemplated by the Gas Well
Permit;
2. Comply with the insurance and security provisions set forth in Section 35.22.8 and Section 35.22.9;
and
3. Pay fines and penalties imposed upon the operator by the City for my breach of the Gas Well Permit.
B. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a
bank or surety approved by the City. The instrament shall run to the City for the benefit of the City, shall
become effective on or before the date the Gas Well Permit is issued, and shall remain in effect until the
well is abandoned and the site restored.
C. A certificate of deposit may he substituted for the letter of credit or payment bond. The certificate shall be
issued by a bank in Denton County, Texas, shah be approved by the City, shall be payable to the order of
the City to secure the obligations of the operator described above, and shall be pledged to the bank with
evidence of delivery provided to the Director of Planning and Community Development. Interest on the
certificate shall be payable to the operator.
D. The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells.
The amount of the security shall be a minimum of $50,000 for any single well and a miulmum of $100,000
for multiple wells on a "blanlcet' basis.
E. The security will terminate when the Gas Well Permit is transferred, with respect to the operator-
transferor and if the operator-transferee provides replacement security that complies with this section,
when the well is abandoned and the site restored, and when the Fire Marshal consents in writing to such
termination.
F. An appeal of the determination of the amount of security required under this Subchapter may be made to
the Planning and Zoning Commission for recommendation to the City Council for final detertninarion of
the amount of security.
35.22.10 Review Of Permits for Gas Well Drilling and Production.
Ail applications for Gas Well Perafits shall be filed with the Department who shall immediately forward all
applications to the DRC for review. Incomplete applications shall be returned to the applicant, in which
case the City shall provide a written explanation of the deficiencies if requested by the applicant. The City
shall retain a processing fee determined by the Director. The City may return any application as
incomplete if there is a dispute pending before the Railroad Commission regarding the determination of
the operator. No Gas Well Permit shall be approved under this Section unless the property owner or
applicant first receives approval of a Specific Use Permit or Planned Development District, where
required: a Watershed Protection Permit. where applicable: and a Gas Well Develovment Plat. Denial or
conditional approval of any such applicarions shall be ?ounds for denial or conditional approval of the
Gas Well Permit.
The DRC shall review each application within 15 days after accept,mnce for £ding and shall determine
whether the application includes ~dl of the information required by this Subchapter, whether the
application is in conformance with the applicable Gas Well Development Plat, applicable Specific Use
Permit or Planned Development Zoning District and whether the application is in conformance with thc
insurance and security requirements set forth in Subsection 35.22.8 and Subsection 35.22.9. The DRC
shall forward a written report regarding its determination to the Fire Marshal and Oil and Gas Inspector,
with a copy provided to the operator.
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Subehapter 22
Development Code
C. The Fire Marshal shall review the application and the written report of the DRC and shall issue the Gas
Well Permit after receiving the DRC report within 10 days unless he determines that the application is
incomplete or that the application is not in conformance with the apphcable Gas Well Development Plat,
applicable Specific Use Permit, Planned Development Zoning District. The Fire Marshal may employ a
technical advisor under the Fire Code.
D. The Fire Marshal may condition the release of the approved Gas Well Permit upon the operator providing
the security required by Subsection 35.22.9 and upon the operator entering into a Road Repair Agreement
that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets,
including but not bruited to, bridges caused by the operator or by the operator's employees, agents,
contractors, subcontractors or representatives in the performance of any activity authorized by or
contemplated by the approved Gas Well Permit.
E. The failure of the DRC or the Fire Marshal to review and issue a Gas Well Permit within the time limits
specified above shall not cause the application for the permit to be deemed approved.
F. Each Gas Well Permit issued by the Fire Marshal shall:
I. Identify the name of each well and its operator;
2. Specify the date on which the Fire Marshal issued each permit;
3. Specify the date by which drilling shall commence on at least one well covered by the permit
otherwise the permit expires (such date shall not be less than one year after the date of issuance). A
one year extension of time may be granted if existing conditions are the same;
4. Specify that if drilling is commenced on at least one well covered by the permit before the permit
expires, the permit shall continue until the wells covered hy the permit are abandoned and the site
restored;
5. Incorporate, by reference, the insurance and security requirements set forth in Subsection 35.22.8 and
Subsection 35.22.9;
6. incorporate, by reference, the requirement for periodic reports set forth in Subsection 35.22.11 and
for Notice of Activities set forth in Subsection 35.22.12;
7. Incorporate the full text of the release of habdity provisions set forth in Subsection 35.22.8.5.A;
8. Incorporate, by reference, the conditions of the applicable Watershed Protection permit,
Development Plat and applicable Specific Use Permit or Planned Development Zoning District;
9. Incorporate, by reference, the information contained in the permit application;
10. Incorporate, by reference, the applicable rules and regulations of the RaiLroad Commission, including
the applicable "field rules";
11. Specify that no drilling operations (including the construction of internal private access roads) shall
commence until the operator has provided the security required by Subsection 35.22.9.
12. Contain the name, address, and phone number of the person designated to receive notices from the
City, which person shaB be a resident of Texas that can be served in person or by registered or
certified mail; and
13. Incorporate by reference ~ permits and fees required by the Fire Code.
G. The decision of the Fire Marshal to deny an application for a Gas Well Permit shall he provided to the
operator in writing within 10 days after the decision, including an explanation of the basis for the decision,
if requested by the operator. The operator may appeal any such denial to the Construction Review Board.
H. If an apphcation for a Gas Well Permit is denied by the Fire Marshal, nothing herein contained shall
prevent a new permit application from being submitted to the City for the same well.
I. Watershed Protection Permit. Applicability, Sequence of Permits and Effect
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Subchapter 22
Development Code
1. Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for
any person, sh,-fll not engage in the drilling and production of gas wells within any floodplain or ESA
within the corporate limits or extraterritorial jurisdfction of the City without first obtaining a
Watershed Protection Permit issued under this Section.
2. No application for a Gas Well Development Plat or Gas Well Permit shall be approved un61 a
Watershed Protection Permit has first been approved for the land in the floodplain or ESA. If an
apphcation for a Gas Well Development Plat or Gas Well Permit is submitted with an application for
a Watershed Protection Permit, the time for processing the application shall commence to run from
the date the Watershed Protection Permit is finally decided.
3. Approval or conditional approval of a Watershed Protection Permit authorizes the applicant to seek
approval for a Gas Well Development Plat or Gas Well Permit.
4. All applications for Watershed Protection Permits shall be filed with the Deparmaent, who shall
immediately forward all applications to the DRC for review. Incomplete applications shall be
returned to the apphcant, in which case the City shall provide a written explanation of the deficiencies
if requested by the applicant~ The City shall retain a processing fee determined by the Director. The
City may return any application as incomplete if there is a dispute pending before the Raih'oad
Commission regarding the determination of the operator. No application shall be deemed accepted
for fding until the application is complete.
5. The DRC may attach such conditions to approval of a Watershed Protection Permit as are necessary
to assure that the requirements of Subsection 35.22.5 are met.
6. Each Watershed Protection Permit approved by the DRC shall:
a. Identify the name of each xvell subject to the permit;
b. Specify the date on which the Permit was issued;
c. Incorporate by reference all applicable standards of approval; and
d. Incorporate by reference a~l applicable conditions of approval.
7. The following standards apply to an application for a Watershed Protection Permit:
a. For land inside the City, ~ conditions imposed by any applicable Specific Use Permit or a
Planned Development District for the land subject to the Watershed Protection Permit.
b. Standards in Subsection 35.22.5(A)6 and 35.22.5(A)8.
8. The applicant may appeal the denial or conditional approval of a Watershed Protection Permit on
grounds pertaining to the standards in Subsection 35.22.5(A)6 and 35.22.5(A)8 to the Planning and
Zoning Commission within ten (10) calendar days of the decision by the DRC. The Commission
shall decide the appeal applying the standards made applicable to the permit by Subsection
35.22.5(A)6 and 35.22.5(A)8.
9. The applicant may file a petition for review pursuant to Subsection 35.22.5(A)6 and 35.22.5(A)8 on
grounds therein specified to the City Council within ten (I0) calendar days of the decision by the
DRC. The Council shall decide the petition based upon the criteria in Subsection 35.22.5(A)6 and
35.22.5(A)8.
10. An approved Watershed Protection Permit shall expire upon expiration of an approved Gas Well
Development Plat for the same land.
35.22.11 Periodic Reports.
A. The operator shall notify the Fire Marshal of any changes to the following information immediately, within
one business day after the change occurs.
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Subchapter 22
Development Code
I. The name, address, and phone number of the operator;
2. The name, address, and 24-hour phone number of the person(s) w/th supervisory authotity over
drll~ng or operations activities;
3. The name, address, and phone number of the person designated to receive notices from the City,
which person shall a resident of Texas that can be served in person or by registered or certified mail;
and
4. The operator's Emergency Action Response Plan including "drive-to-maps" from public rights-of-
way to each drig site.
The operator shall provide a copy of any "incident reports" or written complaints submitted to the
lL~Jlroad Commission or any other state or federal agency within 30 days aPrer the operator has notice of
the existence of such reports or complaints.
Beginning on December 31st after each well is completed, and continuing on each December 31st
thereafter until the operator notifies the Fire Marshal that the well has been abandoned and the site
restored, the operator shall prepare a written report to the Fire Marshal identifying any changes to the
information that was included in the appl/carion for the applicable Gas Well permit that have not been
previnusly reported to the City.
35.22.12 Notice of Activities.
A. Any person who intends to re-work a well using a drilling fig, to fracture stimulate a well after initial
completion, or to conduct seismic exploration involving explosive charges shall give written notice to the
City at least 10 days before the activities begin.
B. All residences within 500 feet of a well shall be notified twenty-four hours prior to fracing of a wellhead.
C. The notice shall identify where the activities will be conducted and shall desctibe the activities in
reasonable detail, including but not limited to the duration of the activities and the time of day they will be
conducted.
D. The notice shall also provide the address and 24-hour phone number of the person conducting the
activities.
E. The person conducting the activities will post a sign on the property giving the public notice of the
activities, including the name, address, and 24-hour phone number of the person conducting the activities.
F. If the City determines that an inspection by the Fire Marshal is necessary, the operator will pay the City's
customary charge for the inspection.
35.22,13 Amended Gas Well Permits.
A. An operator may submit an application to thc Fire Marshal to anaend an existing Gas Well Permit to
commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the
existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as
part of) the existing permit, or to otherwise amend the existing permit, for land subject to the same
approved Gas Well Development Plat.
B. Applications for amended Gas Well Permits shall be in writing, shall be on forms provided by the
Department of Planning and Development, shall be signed by the operator, and shall include the
follow/ng:
I. The application fee as set by City ordinance;
2. A description of the proposed amendments;
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Subchapter 22
Development Code
3. Any changes to the information submitted with the application for the existing Gas Well Permit (if
such information has not previously been provided to the City);
4. Such additional information as is reasonably required by the Fire Marshal to demonstrate compliance
with the applicable Development Plat, applicable Specific Use Permit or Planned Development
Zoning Disu-ict; and
5. Such additional information as is reasonably required by the Fire Marshal to prevent imminent
destruction of property or injury to persons.
C. All applications for amended Gas Well Permits shall be tiled with the Department of Planning and
Development, and the department .shall immediately forward all applications to the Fire Marshal for
review. Incomplete applications may be returned to the applicant, in which case the City shall provide a
written explanation of the deficiencies; however, the City may retain a processing fee as detemained by the
Fire Marshal. The City may return any application as incomplete if there is a dispute pending before the
Railroad Commission regarding the determination of the operator.
D. If the activities proposed by the amendment are not materially different from the activities covered by the
existing Gas Well Permit, and if the proposed activities are in conformance with the applicable Watershed
Protection Permit, Development Plat, applicable Specific Use Permit or Planned Development Zoning
District, then the Fire Marshal shall approve the amendment within 10 days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities covered by the
existing Gas Well Permit, and if the proposed activities are in conformance with the applicable Watershed
Protection Permit, Development Plat, applicable Specific Use Permit or Planned Development Zoning
District, then the Fire Marshal shall approve the amendment within 30 days after the application is filed.
If, however, the activities proposed by the amendment are materially different or, in the judgment of the
Fire Marshal, might create a risk of imminent destruction of property or injury to persons that was not
associated with the activities covered by the existing permit or that was not otherwise taken into
consideration by the existing permit, the Fire Marshal may require the amendment to be processed as a
new Gas Well Permit application.
F. The failure of the Fire Marshal to review and issue an amended Gas Well Permit within the time limits
specified above shall not cause the application for the amended permit to be deemed approved.
G. The decision of the Fire Marshal to deny an amendment to a Gas Well Permit shall be provided to the
operator in v/siting within 10 days after the decision, including an explanation of the basis for the decision.
The operator may appeal any such denial to the City Council.
35.22.14 Transfer of Gas Well Permits.
A Gas Well Pernfit may be transferred by the operator without the consent of the City if the transfer is in
writing signed by both parties, if the transferee agrees to be bound by the terms and conditions of the
transferred permit, if all information previously provided to the City as part of the application for the
transferred permit is updated to reflect any changes, if the transferee provides the insurance and security
required by Section 35.22.8 and Section 35.22.9. The insurance and security provided by the transferor shall be
released if a copy of the written transfer is provided to the City. The transfer shall not relieve the transferor
from any liability to the City arising out of any activities conducted prior to the transfer.
A. The Fire Marshal and/or the oil and gas inspector shall have the authority to issue ,any orders or directives
required to carry out the intent and purpose of this Subchapter. Failure of any person to comply with any
such order or directive shall constitute a violation of this Subchapter.
22~18
Subchapter 22
Development Code
B. The Fire Marshal and/or the oil and gas inspector shall have the authority to enter and inspect any
premises covered by thc provisions of this Subsection to deternUne compliance with the provisions of this
Subsection and all applicable laws, rules, regalafions, standards, or directives of any local state or federal
authority.
C. The oil and gas inspector shall conduct periodic inspections of all wells permitted under this Subchapter.
A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to
comply with any requirement of a Gas Well Permit (including any requirement incorporated by reference
as part of the permit), the Fire Marshal or oil and gas inspector shall give written notice to the operator
specifying the nature of the alleged failure and giving the operator a reasonable time to cure, ta'king into
consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the
potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure
period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or
injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports.
The Fire Marshal or oil and gas inspector may issue a Stop Work Order under the Fire Code.
B. If the operator does not cure the alleged failure within the time specified by the Fire Marshal and/or oil
and gas inspector, the Fire Marshal and/or oil and gas inspector may notify the Railroad Commission and
request that the Ralkoad Commission take appropriate action (with a copy of such notice provided to the
operator), and the City may pursue any other remedy available.
C. If the operator does not cure the alleged failure within the time specified by the Fire Marshal and/or oil
and gas inspector, the Fire Marshal and/or oil and gas inspector may upon recommendation of the
Construction Advisory Board:
1. Recommend to the City Council that the Gas Well Permit be suspended until the alleged failure is
cured; or,
2. If the operator falls to initiate and diligently pursue a cure recommend to the City Council that the
Gas Well Permit be revoked.
D. The decision of the Fire Marshal and/or oil and gas inspector to recommend suspension or revocation of
a Gas Well Permit sh~ be provided to the operator in writing at least ten (10) days before any action by
the City Council unless the alleged failure present a risk of imminent destruction of property or injury to
persons
E. If a Gas Well Permit is revoked, the operator may submit an application a new Gas Well Permit for the
A. The Fire Marshal and the oil and gas inspector are authorized and directed to enforce this Subchapter and
the provisions of any Gas Well Permit. Whenever necessary to enforce any provision of this Subchapter or
a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this
Subchapter or a Gas Well Permit, the Fire Marshal and/or oil and gas inspector, or there designated
representative, may enter upon any property covered by this Subchapter or a Gas Well Permit at any
reasonable time to inspect or perform any duty imposed by this Subchapter. If entry is refused, the City
shall have recourse to every remedy provided by law and equity to gain entry.
B. It shall be unlawful and an offense for any person to do the following:
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Subchapter 22
Development Code
1. engage in any actMty not permitted by the terms of a Gas Well Permit issued under this Subchapter;
2. fail to comply with any conditions set forth in a Gas Well Permit issued under this Subchapter; or
3. violate any provision or requirement set forth under this Subchapter.
C. The enforcement and penalty provision under Subsection 35.1.10.4 shall apply to a violation of this
Subchapter
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