2001-466S \Our Documents\Ordmanees~01 \Gas Well Development Plats etd doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 34,
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE
CITY OF DENTON, TEXAS, SECTION 34, DEVELOPMENT PLATS BY ADDING
SECTION 34-34(D), GAS WELL DEVELOPMENT PLATS TO REGULATE GAS WELL
DEVELOPMENT IN THE CORPORATE LIMITS OR WITHIN DIVISION 1 OF THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, PROVIDING
A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, The City of Denton, Texas, ~s a Home Rule Munictpahty located in Denton
County, Texas created m accordance with the prows~ons of the Texas Local Government Code
and operating pursuant to the enabling legxslatxon of the State of Texas, and
WHEREAS, on November 16, 2001, the Plaunmg and Zomng Comm~ssxon concluded a
pubhc heanng as reqmred by law, after wbaeh a motion to recommend approval of the request to
amend the regulatxons for development plats to add provlsxons for gas well development plats to
govern the development of gas wells wlthm the corporate hm~ts or within D~vls:on 1 of the
C~ty's Extratemtonal Junsdlct~on, and
WHEREAS, the City Councxl of Denton, Texas, beheves that o~l and gas drtlhng actlwty,
w~thout proper regulations w:thm the corporate limits or w~thm D~ws~on 1 of the City's
Extratemtonal Junsd~ctxon, can pose health and safety hazards to the citizens of Denton, and
WHEREAS, Pursuant to its authority to regulate subdlwslon development, Tex Loc
Gov't Code §212 001, utility service, Tex Loc Gov't Code §402 001, watersheds, Tex Loc
Gov't Code §401 002, and water pollution control and abatement Tex Utility Code §26 117, the
C~ty Council of Denton, Texas, deems it necessary to amend the regulations for development
plats to add provisions for Gas Well Development Plats to govern the platting and development
of gas wells w~th~n the corporate hm~ts or w~th~n Division 1 of the C~ty's Extratemtonal
Junschct:on NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Gas Well Development Plats Section 34-34, Development Plats, of the
Code of the Cxty of Denton, Texas xs hereby amended to add Section 34-34(d) to govern gas well
development w~ttun the corporate hmlts of the City or w~thm D~wslon 1 of the C~ty's
Extraterrltonal Junsdxct~on, as follows
SEC. 34-34(d)
Any person who proposes dnlhng and gas productxon of natural gas on a tract of land located
w~th;n the corporate hmtts or wxthln Dlwslon 1 of the C~ty's Extratemtonal Junsdact~on, and it ~s
not required by Chapter 34 to prepare a prehmmary plat or final plat, shall prepare a Gas Well
Development Plat
(1) 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
filed and approved by the City in accordance with Chapter 34
(2) All proposed gas well development shall be in comphance with the Roadway
Component of the Mobility Plan
(3) Erosion control is required and shall comply with all local, state and federal
reqmrements The operator shall file a copy of the Stormwater Pollution Plan ~f reqmred
by the EPA
(4) Reserve pits closer than 200' of a floodplmn, lake, creek or stream shall be lined
to prevent water pollution
(5) With the exception of vehicular access, no development is allowed in a
floodplmn
(6) Prior to the approval of a Gas Well Development Plat or Gas Well Permit, a Road
Ropmr Agreement shall be executed that will obligate operator or the operator's
employees, agents, contractors, subcontractors or representatives to repair damage,
excluding ordinary wear and tear, if any, to abutting roads, including but not limited to
bridges, that result from the performance of any activity authonzed or contemplated by
the approved Gas Well Development Plat or Gas Well Penmt The City Manager shall
have the anthonty to enter into the Road Repmr Agreement on behalf of the City of
Denton
(7) In addition to the requirements of Section 34-16 (Contents of 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 floodplmns and any
proposed floodplmn, creek and stream crossings
All floodplmn, creek and stream crossings shall be designed to a 10-year
storm frequency
n All floodplmn crossings shall have no negative affects on surrounding
property
m A drainage study sufficient to substantiate 1 and n will be required as part
of the submittal if crossings are proposed
c Show the location and use of all structures w~thln 500 feet of the property
d Identify the proposed source of water and any other pubhc utilities reqmred
e Identify and show proposed method of erosion control
f Identify the location of proposed lease hnes and well locations
Label distance between wells and property lines
n Label distance between wells and structures w~th~n 500 feet of wells as
measured from the property line
m Label d~stance between temporary holding ponds and floodplmns
g Provide typical well site schematics showing layout dunng dnlhng and upon
completion of drflhng
h Show location of all proposed underground plpehnes As built drawings shall be
filed with the C~ty All plpehnes proposed m pubhc right-of-ways shall require a
Pdght-of-Way Use Agreement
Identify ~fp~pehnes connect with a Gas Distribution System
SECTION 2 All nghts and remedies of the City of Denton, Texas are expressly saved
as to any and all wolatlons of the provisions of any other Ordinance affecting oil and gas
regulations, which have secured at the time of the effective date of this Ordinance, and, as to
such accrued v~olatlons and all pending litigation, both mvfl and criminal, whether pending in
court or not, under such ordinances same shall not be affected by this Ordinance but may be
prosecuted until final d~sposltlon by courts
SECTION 3 It is hereby declared to be the intention of the City Council that if any of
the sections, paragraphs, sentences, clauses and phrases of th~s Ordinance shall be declared
unconstitutional or otherwise illegal by the vahd judgment or decree of any court of competent
jurisdiction, such event shall not affect any of the remalmng phrases, clauses, sentences,
paragraphs, and sections of thru Ordinance, since the same would have been enacted by the City
Council without the incorporation m th~s Ordinance of any such unconstitutional or illegal
phrase, clause, sentence, paragraph or section
SECTION 4 This Ordinance shall be cumulative of all prowslons of Ordinances of the
C~ty of Denton except where the prowslons of th~s Ordinance are in direct conflict with the
proms~ons of such Ordinances, ~n which event the conflmt~ng promslons of this Ordinance are
hereby repealed
SECTION 5 Any person wolatlng any provision of th~s ordinance shall, upon
convmt~on, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
~s violated shall constitute a separate and distinct offense
SECTION 6 Tins ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary ~s hereby directed to cause the caption ofth~s ordinance to be
pubhshed twine an the Denton Record-Chromcle, a dally newspaper pubhshed in the C~ty of
Denton, Texas, wltlun ten (10) days of the date of~ts passage
PASSED AND APPROVED tlus the 4¢ dayof ~ff~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY