Ten feet (10') by twenty feet (20') - eighteen-foot (18') length is allowed provided that the parking space has a two-foot (2') clear bumper overhang area that does not encroach upon a public right-of-way, a sidewalk of less than six feet (6') in width, or adjacent property.

Eight feet (8') by sixteen feet (16'); must be clearly designated with appropriate signage and pavement markings. The use of compact spaces shall be limited to ten percent (10%) of the standard parking requirement.

Eight feet (8') by twenty-two feet (22').

A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight (8) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. One escape lane shall be provided.

For business operations other than those addressed by item 2. above and kiosks that provide drive-up service, a minimum of three (3) stacking spaces for each service window shall be provided.

For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

For each automated self-service (drive-through/rollover) carwash bay, a minimum of three (3) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

For each wand-type self-service carwash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

For motor vehicle quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay itself.

For coffee shop, dry cleaning store, pharmacy, a minimum of five (5) stacking spaces shall be provided.

For Restaurant (with Drive-Through), a minimum of five (5) stacking spaces shall be provided.

Office and institutional uses, or portion(s) of building devoted to office/institutional uses:

Retail/commercial and restaurant uses, or portion(s) of building devoted to retail/commercial and restaurant uses:

Such arrangement(s) for loading spaces are approved by the Town Council after recommendation by the Planning and Zoning Commission;

Said consideration by the Planning and Zoning Commission and Town Council shall be based on the following criteria:

Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

One (1) space per two hundred and fifty (250) square feet of gross floor area in addition to required stacking spaces (see Subsection 38.3 K. [17.3 L.]).

One (1) space per guest room in addition to the requirements for a normal residential use.

Six (6) parking spaces for each alley or lane.

One (1) space per three hundred (300) square feet of gross floor area, except as otherwise specified herein.

One (1) parking space for each three (3) seats in the main auditorium/sanctuary.

One (1) space per one hundred (100) square feet of gross floor area, or as follows:

Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

One (1) space per two hundred (200) square feet of floor area, plus one (1) parking space for each side of a gasoline pump unit (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering motor vehicles for refueling.

One (1) space per ten (10) pupils (based upon maximum occupancy and/or licensing capacity), plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property (and sized to accommodate the vehicle).

One and one-half (1-1/2) spaces per designated booth space or one per one hundred (100) square feet of site area, whichever is greater.

Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet.

One (1) space per one hundred fifty (150) square feet of floor area.

One (1) space per two hundred (200) square feet.

Two (2) spaces for each manufactured/mobile home unit, plus visitor/supplemental parking equal to one-half space per lot, plus additional spaces as required herein for accessory uses.

One (1) space per one hundred and fifty (150) square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

Four (4) spaces per establishment, plus two (2) spaces for an on-site manager’s residence (if applicable), plus one (1) appropriately sized space for any type of vehicle to be stored on-site (e.g., rental trucks, boats, RVs, etc.).

One (1) parking space for each two hundred (200) square feet of floor space in viewing rooms, parlors or individual funeral service rooms, or one (1) space for each three (3) seats in the auditorium/sanctuary, whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.

One (1) space per five hundred (500) square feet of indoor floor area, plus one (1) space for each two thousand (2,000) square feet of outside sales area.

One (1) space for each three hundred (300) square feet of floor area.

One (1) space for each two hundred (200) square feet of floor area.

One (1) space for each three (3) seats provided (see Subsection 38.7 B. [17.7 B.]).

One (1) space for each two hundred (200) square feet.

One (1) parking space for each one hundred (100) square feet of gross floor area (including indoor/outdoor play areas and patio dining areas), or one (1) space for every three (3) seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities.

One (1) space per two hundred (200) square feet of gross floor area in addition to any required stacking spaces for drive-through facilities.

One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses.

One (1) parking space for each fifteen (15) students (design capacity).

One (1) parking space for each twelve (12) students (design capacity).

One space for each three (3) students, faculty and staff (design capacity).

One (1) space per three (3) students, based upon maximum enrollment or design capacity, whichever is greater.

One (1) parking space for each three (3) seats or bench seating spaces.

One (1) space per three hundred (300) square feet of gross floor space.

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals 1.75 feet of length; and

For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight (8) square feet of floor area occupied by such seating area (includes aisles).

Off-site parking may be permitted on an immediately contiguous lot or tract or on a lot or tract within two hundred feet (200') of such building or structure providing:

An average crown spread of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread.

A minimum trunk diameter of three inches (3") (measured forty-eight (48") inches above the ground) and seven feet (7') in height at time of planting.

All new trees shall be provided with a permeable surface under the drip line a minimum of five feet (5') by five feet (5').

All trees shall be in containers or “Balled and Burlapped” at the time of installation.

A minimum of one and one-half inch (1.5") (measured forty-eight (48") inches) and five feet (5') in height at time of planting.

All new trees shall be provided with a permeable surface under the drip line a minimum of five feet (5') by five feet (5').

Shrubs variety shall be a minimum of five (5) gallons and two feet (2') in height when measured immediately after planting.

Hedges, where installed for buffering purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be at least six feet (6') high within three (3) years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting).

Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than eight (8) feet wide and designated to accept trees in tree wells.

Spacing, Placement, and Pruning of Street Trees:

Existing trees may be used as street trees if there will be no damage from the development that will kill or weaken the tree.

Street trees shall be maintained by the adjoining property owner.

Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Town of Bartonville.

Screening shall be located on the site of the nonresidential use along all property lines adjacent to an existing residential use, residential zoning district or a planned residential area as designated on the Bartonville Land Use Plan, as amended, subject to the following standards:

A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to another existing nonresidential use, nonresidential zoning district or planned nonresidential area as designated on the Bartonville Land Use Plan, as amended, subject to the following standards:

A minimum of ten (10) percent of the gross parking areas shall be devoted to living landscaping that includes grass, ground cover, plants, shrubs, and trees. Gross parking area is to be measured from the edge of the parking lot and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots.

All parking lots and vehicular use areas located between a primary structure and a public right-of-way shall be screened from all public rights-of-way with a landscape barrier. Plants and materials used in the landscaped strip shall meet the minimum specifications as established in Section 18.5.

Perimeter landscaping shall be designed to screen off-street parking areas and other vehicular use areas, except for driveways that provide direct connection to a public right-of-way, from public rights-of-way. Said perimeter landscaping shall include the following:

Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within twenty (20) feet of any building or paving or other use such as storage.

All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

Landscaping shall be provided on each developed lot in accordance with the following standards:

Landscaping that is in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site.

Where an accessory structure has frontage along a property line that is adjacent to a public street or right-of-way, the accessory structure shall be located no closer to the street than the primary structure;

Accessory structures shall not be located within the minimum building setbacks established for the zoning district in which they are located; and

Accessory Structures shall be prohibited between a primary structure and any public street in R1, RE-2, RE-5, MH, RLI, RB, VC, GC and P/SP Districts, except as follows:

In any zoning district, antennae that are one meter (i.e., 39 inches) or less in diameter;

In a nonresidential zoning district, antennae that are two meters or less in diameter;

In any zoning district, antennae designed to only receive television broadcasts;

In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and

In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height.

In conjunction with a festival, carnival, rodeo or other special event/activity;

In case of an emergency (e.g., severe weather, etc.) or a news coverage event;

When needed to restore service on a temporary basis after failure of an antenna installation. The Town must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.

All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by CUP, then its new location shall be within the physical/land boundaries of the CUP). The original (i.e., former) support structure shall be removed from the property within ninety (90) days following completion of the new structure.

Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.

Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Conditional Use Permit (CUP) provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.

Minor street intersection (except a street intersecting onto an arterial, see below) or intersection of private driveway onto a public street - These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curb line and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 5 [in Appendix B]).

Major street intersection - These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifty feet (50') in length along the right-of-way lines from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 5 [in Appendix B]).

The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 P.M. and 7 A.M., as to annoy or disturb the quiet, comfort or repose of persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in any office building, dwelling or other type of residence.

The use of any stationary loudspeaker or amplifier of such intensity that annoys or disturbs persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:00 P.M. and 7:00 A.M. This provision shall not be construed to deny any party the right to operate church bells or chimes or conduct any outdoor meeting using a stationary loudspeaker. In the event such speakers shall be used after the hour of 10:00 P.M., individuals desiring to operate same shall receive approval from the Town Council who shall not unreasonably withhold the same.

The keeping of any animal or fowl which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of normal nervous sensibilities and ordinary taste, habits, [and] modes of living in the immediate vicinity.

The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonable loud or harsh device [noise] for any unnecessary and unreasonable period of time.

The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

The use of any automobile, motorcycle or vehicle, in a state of disrepair or loaded or operated in such a manner as to create loud or unnecessary noises such as spinning or squealing of tires, loud or defective exhaust, grating, grinding, rattling or other noises.

The erection, including excavation, demolition, alteration or repair work on any building or other construction activity between the hours of 8:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public safety and convenience, and then only by approval from the Town Council except as allowed in Section 30.3 [Chapter 32].

The creation or causing of any unreasonable or excessive noise, that is calculated to disturb a person of ordinary sensibilities, by any means on any street adjacent to any school while the same is in session and in or near a residence.

Intensity:

Height:

Direct lighting over ten feet (10') in height is shielded from adjacent property.

No light source shall exceed twenty feet (20') in height. A light source of up to thirty-five feet (35') in height with a lighting plan prepared by an engineer may be approved the Town Building Official. Streetlights and other traffic safety lighting are exempt from this standard.

Lighting shall not directly shine on adjacent dwellings.

The day care center is platted on an individual lot; or

The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center; or

The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements; or

The day care center is an accessory use that provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or

The day care center is in an accessory building located on the same lot as the main building (e.g., an office building) and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.

All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided.

Outdoor play space shall be provided at a rate of sixty-five (65) square feet per child (based upon the maximum design capacity). The required outdoor play space shall have no dimension of less than thirty feet (30'). This requirement may be waived by the Planning & Zoning Commission and/or Town Council if the day care is provided for less than four (4) hours per day for the children.

No day care center shall be part of a one- or two-family dwelling.

A day care center shall abut and derive its primary access from a street with a pavement width of 36 feet or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned).

No portion of a day care center site shall be located within three hundred feet (300') of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials.

All other aspects of a day care center site shall conform to regulations and/or guidelines established by the Texas Department of Human Resources and/or the Texas Department of Protective and Regulatory Services.

means any electric line or part of the power system which distributes electric power at less than 60kV when measured phase to phase, and is utilized to deliver and serve electric power to local utility customers. Electric Distribution Lines include both overhead and underground facilities and circuits that operate at a primary rated distribution voltage level of 13.2kV/7.62kV Grounded Wye. The distribution system includes that part of the distribution line transformers and all other necessary equipment to step the primary voltage down to a lower secondary voltage level to meet service requirements.

means a structure that is part of an electric generation, transmission, and distribution system which either (a) converts electric energy to a lesser voltage for the purpose of subregional or localized distribution; (b) functions as a transition point from overhead to underground electric transmission lines; or (c) acts as the point of convergence for two or more transmission lines.

means a substation without transformers and operating only at a single voltage level.

means a Utility Regulating Station, Electric Substation, or Electric Switch Station.

means any electric line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts.

Prepare and submit to the Town an Environmental Assessment under the guidelines set forth in the U.S. Department of Agriculture Rural Utility Service environmental regulations, Part 1970, Subpart C, Sections 1970.101. through 1970.104, and Exhibit B thereto, as may be found at https://www.rd.usda.gov/publications/regulations-guidelines/instructions, as amended.

A minimum ten foot (10') brick or stone masonry wall is required around the perimeter of the Station structures and facilities to screen the view from public rights-of-way and from adjoining properties.

A minimum twenty-foot (20') wide landscape area shall be provided around the perimeter of the screening wall. Six (6) evergreen ornamental trees and thirty (30) evergreen shrubs shall be provided for every 100 hundred linear feet (100') of perimeter landscaping. Recommended evergreen ornamental trees are: Eastern Red Cedar, Wax Myrtle, and tree Yaupon Holly. Recommended evergreen shrubs are: Dwarf Yaupon Holly, Dwarf Bufford Holly, and Gulf Muhly. Required landscaping may be planted in regular intervals or in clusters. Trees shall be preserved in accordance with Section 18.10 of the Town’s Zoning Ordinance, as amended. Irrigation responsibility and maintenance for all landscaping shall be provided in accordance with Sections 18.8 and 18.9 of the Town’s Zoning Ordinance, as amended. Landscaping shall not interfere with the physical security of the Station pursuant to NERC CIP.

Gates shall be provided at all entrances, and shall be a no-climb gate. Wrought iron or similar metal gates shall be permitted for the gate material so long as the gate is not situated directly across from a residence. If the gate is situated directly across from a residence, then it shall be constructed of opaque or semi-opaque metal to provide reasonable screening to the interior of the station from public view. Chainlink material is not permitted in any case.

Stations shall be set back in accordance with this Subsection in order to comply with the screening wall, landscaping, and access and transportation requirements of this Subsection. Stations shall be set back from property lines adjacent to residential properties the same distance as the adjacent residential properties’ zoning requires.

Access and transportation into and around the Station should be provided to minimize the impacts on adjacent properties, intersections, and the overall Town street system. Access to the Station should be carefully considered to limit the number of entrances that allow greater visibility into the Station, while simultaneously allowing for adequate maneuvering of trucks and other heavy equipment necessary to construct, operate, and maintain the Station. Driveways shall be located on the perimeter streets of the lowest classification unless the only reasonable means of providing safe and adequate access to the property, as determined by the Town Engineer, is to access a street of higher classification. Driveways shall be located so as not to be directly across from the front yards of residential structures or uses, unless otherwise approved by the Town Council. No more than two driveways shall be located on each perimeter street. Driveways shall be constructed of concrete from the back of edge of the street to the entrance gate of the station, and gravel is not a permitted driveway material for any driveway outside of the Station’s perimeter screening wall.

No parking spaces are required. If provided, parking spaces outside the screening wall shall be screened from public view.

Stations shall be located a safe distance from gas wells per Texas Railroad Commission Rules and/or Texas Commission on Environmental Quality Rules, whichever rules provide the greatest distance.

The Station must comply with the following development standards appearing in the NESC and/or NERC CIP, as amended, and as applicable:

Electric distribution lines, transmission lines and other electric lines shall comply with clearance criteria in the NESC, as amended.

is not open to the atmosphere;

is composed of piping, ductwork, connections, and, if necessary, flow-inducing devices; and

transports gas or vapor from a piece or pieces of equipment directly to a control device.

A completed application form notarized by the owner or the owner’s authorized agent;

Every item, study, plan, agreement or document required by this Chapter or other applicable ordinances;

An approved Gas Well Development Plat;

Payment for all application fees as specified in the Town’s fee schedule or other ordinance establishing fees;[.]

gas well site development, including drilling and fracturing;

producing or pumping;

processing;

gathering;

compressing;

treating;

transporting;

conditioning;

removing or disposing of produced water or brine;

separating;

storing;

injecting;

testing;

reporting;

maintaining or using surface facilities;

secondary recovery; or

well abandonment.

RE-1 Single-family residential, one (1) dwelling unit per net acre

RE-2 Single-family residential, 2-acre lots

RE-5 Single-family residential, 5-acre lots

MH Manufactured Home

RB Rural Business

VC Village Center

RLI Rural Light Industrial

P/SP Public/Semi-Public

RS Rural Services

Editor’s note–Ord. 564-14, sec. 9, amended section 30.3C(a). Section 30.3 has been repealed. The amendment has been incorporated as amending section 32.3.A.

review and make recommendations for approval or denial of all gas well permit applications;

conduct inspections of a well development site and operation site to determine compliance with this Chapter and the gas well permit during the following phases of well development:

conduct inspections of all wells and operation sites at least once a calendar quarter for compliance with this Chapter and the gas well permit.

conduct an inspection upon receipt of a complaint as directed by the Town Administrator.

issue orders or citations to obtain compliance with this Chapter and the gas well permit.

advise the Town Administrator on actions regarding the revocation or suspension of a gas well permit for violations of this Chapter or the gas well permit.

Gas Well Development Plat, in accordance with the Development Regulations of the Town,

Gas Well Drilling Permit, and

Fracing Permit for activities performed after the first year a drilling permit has been issued.

drill site preparation,

drilling or redrilling a well,

operation,

reworking a well,

fracing of a well within the first year after the drilling permit has been issued,

refracing of a well provided it is completed within the first year after the drilling permit has been issued,

workover of a well,

gas operation activities, or

abandonment of a well.

any wells that are existing, previously permitted or approved by the Town located within the Town’s corporate limits on November 1, 2011;

any wells where drilling has commenced on November 1, 2011

any wells in existence that have been annexed into the town prior to November 1, 2011; or,

any well that was planned for the land before the 90th day before the effective date of its annexation and one or more licenses, certificates, permits, approvals or other forms of authorization by a governmental entity were required by law for such well and the completed application for the initial authorization was filed before the date of the annexation proceedings were instituted.

The date of the application.

An accurate legal description of the surface lease property proposed to be used for the gas operation, the pooled parcels included in the plat(s), the P-12 list of property owners in the lease pool(s) and the production unit and name of the geologic formation as used by the Railroad Commission. Property recorded by plat should reference subdivision, block and lot numbers.

An accurate legal description of the proposed well development site.

A detailed site plan that includes specific details regarding the projected location of the major components of the well development site showing the following:

[Reserved.]

The following information regarding the proposed well(s):

Map showing proposed transportation route and roads, both public and private, to be used for equipment, chemicals or waste products used or produced by the gas operation.

Executed Road Damage Remediation Agreement with applicable fees paid.

A list of all trucking contractors that are required to utilize the approved truck route, along with the waste hauling permit number.

Proposed well name.

Surface owner name(s) and address(es) of the lease property.

Mineral lessee’s name and address, and if the lessee is a corporation, the state of incorporation, and if the applicant, is a partnership, the names and addresses of the general partners.

If the applicant is not the mineral lessee, the applicant’s name and address and if the applicant is a corporation, the state of incorporation, and if the applicant is a partnership, the names and addresses of the general partners.

Name and physical and mailing address of the individual agent designated by the applicant to receive notice.

Names, physical addresses and local telephone numbers of two representatives of the applicant who are authorized and responsible to ensure compliance with all conditions of the gas well permit, and other applicable ordinances, together with a sworn statement from each representative that he or she agrees to be responsible for ensuring that the operator’s employees, contractors and subcontractors comply with all conditions of the gas well permit, and applicable laws and ordinances.

Location and description of all improvements and structures within one thousand (1,000) feet of the proposed well bore and one thousand (1,000) feet of the proposed locations of the tanks utilizing property surveys or the most recent Denton County aerial maps.

Owner and address of each parcel of property within one thousand (1,000) feet of the boundaries of the pad site.

A driveway plan showing internal drives and circulation.

A design for the sound baffling equipment surrounding the compressor.

An ambient air quality study which meets the requirements of Section 32.14.

Fence and gate specifications.

A landscape plan prepared by a landscape architect.

A tree survey meeting the requirements of Article 3.500 [Article 3.05] of this Code, as the same may be amended from time to time.

Copies of all reports required by the Railroad Commission and TCEQ.

If applicable, the names and addresses of owners within the setback distance prescribed by this Chapter for a wellhead, tanks, or other equipment and evidence of their consent to the proposed location of the same if less than the setback distances set forth in this Chapter[.]

A dust mitigation plan detailing measures to be implemented to mitigate and suppress dust generated at the drill site and the private vehicle access route, or, if a gas well permit has already been approved for the well development site, a copy of the approved plan.

A video documentary provided in a digital format of the existing roads to the proposed well site, of sufficient quality, as determined by the Town, to permit the Town to document the condition of the roads at issue.

A description of the water source to be used during drilling, the estimated quantity of water to be used, and evidence of permits or approvals for such water source and the method of transporting.

All material safety data sheets (MSDS) detailing the hazardous materials that will be located, stored, transported and/or used at the drill site shall be provided to the gas inspector and Fire Marshal.

A description of all chemicals and their concentration and quantities to be used in drilling, fracing and other operations, including a description of the substances contained in the fracturing fluid to be utilized.

A waste management plan that addresses management of human, solid and drilling production waste, including the method to be used for removal of produced water.

A description of all fuel and power sources, including steam generation, to be used at the proposed well development and operation site, including but not limited to all public utilities needed during drilling and operation.

A copy of the approved permit issued by the Railroad Commission to drill together with attachments and survey plats which are applicable to the drill and operation sites.

A copy of the Stormwater Pollution Prevention Plan as required by the Environmental Protection Agency. A copy of the notice of intent shall be submitted to the Town Secretary three days prior to the commencement of any on-site activity.

A copy of the erosion control plan required by the Town.

A copy of the determination by the Texas Commission on Environmental Quality of the depth of usable quality groundwater.

Evidence of satisfaction of insurance and financial security requirements of this Chapter.

All required application and gas well permit fees.

The proposed gathering pipeline route from the well to the transmission pipeline.

The name, address and phone number of the pipeline owner and of the pipeline operator.

An emergency response plan which meets the requirements of Section 32.34.

A hazardous materials management plan meeting the requirements of the Fire Code, or, if a plan has already been approved for the well development site, a copy of the hazardous materials management plan previously approved.

A lighting plan, depicting all nighttime lighting to be used or occurring on the well development site and the measures to be taken to reduce glare on the properties adjacent to the site.

A statement, under oath, signed by the applicant, or the applicant’s agent, if the agent signs the application, that the information submitted with the application is, to the best knowledge and belief of the applicant or the applicant’s designated agent, true and correct.

The sign(s) shall state that an application for a Gas Well Permit to drill for gas on that site has or will be filed and shall further set forth that additional information can be acquired by contacting the Operator at the number and address indicated on the sign.

The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this Ordinance.

The sign shall remain posted at the pad site until final action on the permit by the Town Council.

Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there.

Whether the drilling of such wells would conflict with the orderly growth and development of the Town.

Whether there are other alternative well site locations.

Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the gas well permit conditions to be imposed.

Whether there is adequate access for the Fire Department personnel and firefighting equipment.

Whether the emergency response plan, noise abatement plan, and other required plans meet the requirements of this Chapter and other applicable ordinances.

Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well permit conditions are reasonable and justified, balancing the following factors:

Whether there are public health and safety issues concerning the particular location of the proposed well.

Whether the operations of the proposed well are consistent with protecting the ecological integrity and environmental quality, including protection of surface and ground water sources, of potentially impacted environmentally sensitive areas.

Whether the granting of a gas well permit on the specific property will adversely affect any feature of the comprehensive master plan of the Town.

Whether the operator proposed by the applicant is a reasonable and prudent operator. In this regard, the Town Council shall consider the number of citations issued for violations of this Chapter, the number of convictions for the violations in municipal court, notices, if any, from Town officials for the applicant’s noncompliance with the provisions of this Chapter, violations submitted to or found by the Railroad Commission on previous wells permitted and drilled by the proposed operator, and similar factors.

Whether flaring or venting during completion of the well should be permitted.

Six hundred (600) feet from any protected use.

Two hundred (200) feet from any accessory structure not associated with the operation of the well.

One hundred and fifty (150) feet from any public street, road, highway or future street or right-of-way.

One hundred and fifty (150) feet from any property line.

One hundred (100) feet from any building that is accessory, but not necessary, to the operation of the well.

Five hundred (500) feet from any freshwater well bore.

One hundred and fifty (150) feet from any property line.

One hundred and fifty (150) feet from any public street, road, highway or future street or right-of-way.

Six hundred (600) feet from any protected use.

Lift and line compressors and accessory equipment shall be set back a minimum of six hundred (600) feet from any protected use.

Lift and line compressors and accessory equipment shall be set back three hundred (300) feet from any property line.

Upon receipt of a notarized statement from the owner of a protected use, the setback from a compressor may be reduced from six hundred (600) feet to no closer than two hundred fifty (250) feet.

Upon receipt of a notarized statement from the owner of an accessory structure not associated with the operation of a well, the setback from the well bore may be reduced from two hundred (200) feet to a distance no closer than zero (0) feet.

Upon receipt of a notarized statement from the owner of each surface property owner whose property line is within one hundred fifty (150) feet from a well bore, the setback may be reduced from one hundred fifty (150) feet to a distance no closer than fifty (50) feet.

All notarized statements must be filed in the Deed Records of Denton County before they will be accepted by the Town.

All casing shall be run and set in full compliance with the applicable rules and regulations of the Railroad Commission.

Copies of reports detailing any testing data, logs or similar quality standards required by the Railroad Commission or conducted on-site to verify integrity of cementing and casing standards shall be submitted to the Town Secretary on the date submitted to the Railroad Commission[.]

Each well must have a shutoff valve to terminate the well’s production.

The operator shall provide the Fire Department with around-the-clock access to the well site to enable it to close the shutoff valve in an emergency.

The operator shall not use high bleed pneumatic devices at a well development site or operation site.

To the extent that API standards will permit, new and reworked valves and piping connections shall be located in a place that is reasonably accessible for leak-checking during operations.

A person commits an offense if the person flares or vents a well.

It is an affirmative defense to prosecution for a violation of subsection (1) that:

After fracing or refracing a gas well, the operator shall employ such equipment and processes as soon as practicable to minimize the release into the air of gas and associated vapors from the well.

The operator shall:

The operator of a gas well that has access to a sales line shall employ means or methods that minimize, to the extent technologically feasible, the release into the air of gas and associated vapors from the well when gas from the well is permitted to flow during the completion or recompletion of the well.

An applicant shall submit a pre-drilling ambient air study of the well development site with its application for a gas well permit. The study shall be conducted by an air quality consultant experienced in the sampling and monitoring of oil and gas upstream operations and shall meet the following requirements:

After completion of the well, the operator shall submit a post-drilling ambient air study of the well development site. The study shall be conducted in the same manner as the pre-drilling study.

A detailed site plan showing the location of each emission source.

For each source, composition of emissions, expected maximum daily and hourly emissions rate.

For each source, detailed descriptions of the measures taken and equipment used to reduce emissions below the levels listed in subsection (C).

At any time,

When the average of three consecutive samples exceeds the following concentrations,

Hydrogen Sulfide (H2S): 0.08 ppm averaged over any 30-minute period.

The Gas Well Inspector shall utilize a photo ionization detector to test each of the well sites at every quarterly inspection. The inspector shall determine if further testing is required.

In the event further testing is required, the Town shall retain an air quality consultant experienced in the sampling and monitoring of oil and gas upstream operations who shall perform periodic air sampling of an operation site to determine whether the emission limits specified in this section are exceeded.

All equipment at the operation site which has the potential to emit air contaminants must be maintained in good working order and operated properly during operations.

Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve to seal the line so that no leakage of emissions occurs. If equipped with a second valve, both valves shall be closed except during sampling.

Tank hatches and valves, which emit to the atmosphere, shall remain closed except for sampling or planned maintenance activities.

All pressure relief devices (PRD) shall be designed and operated to ensure that proper pressure in the vessel is maintained and shall function as designed. If the PRD does not automatically reset, it must be reset within 24 hours at a manned site and within one week if located at an unmanned site;

All seals and gaskets in VOC or H2S service shall be installed, checked, and properly maintained to prevent leaking;

The operator shall follow manufacturer’s specifications and recommended programs for maintenance of equipment. In the absence of manufacturer’s recommended programs, each site shall establish and maintain a program to replace, repair, and/or maintain equipment to keep them in good working order. Replacement and repair of equipment shall follow these established programs;

Damaged or leaking valves, connectors, pumps, compressors, and agitator seals found to be emitting VOCs in excess of 10,000 ppmv as determined using a portable analyzer, found by AVO inspection to be leaking (e.g., dripping process fluids), or found leaking using the Alternative Work Practice shall be tagged and replaced or repaired; and

To the extent that API standards will permit, new and reworked valves and piping connections shall be located in a place that is reasonably accessible for leak-checking during operations.

The operator shall maintain all tanks, valves, fittings, hatches and other equipment in such a way as to minimize the emissions of all volatile organic compounds.

If vacuum trucks are used at the site, vacuum pumps and blowers shall not be operated on trucks containing or vacuuming liquids with VOC true vapor pressure greater than 0.50 psi at 95F unless the vacuum/blower exhaust is routed to a control device or a controlled recovery system. Positive displacement pumps may be used.

The operator shall not allow condensate to be loaded into a tank truck unless the tank truck has passed a leak-tight test within the past twelve (12) months.

For each condensate tank truck traveling to the well development or operation site, the operator shall present the gas inspector a certification from an unrelated third party stating that the vessel has passed a leak-tight test within the past twelve (12) months.

When loading materials with a vapor pressure greater than or equal to 0.5 psia at maximum loading temperature, the loading emissions shall be routed to a control device.

The operator shall conduct loading operations at all loading/unloading facilities, without visible liquid leaks or spills regardless of vapor pressure. The foregoing does not apply to momentary dripping associated with the initial connection or disconnection of fittings.

Sustained dripping from fittings during loading/unloading operations is not permitted unless drip pans or other containment devices are in place.

The operator shall report to the TCEQ and to the gas inspector any liquid spill that occurs during loading/unloading activities that results in emissions that exceed a reportable quantity pursuant to Title 30 Texas Administrative Code sections 101.201 or 101.211 (30 TAC sections 101.201 or 101.211).

The operator shall cause a visual inspection of all lines and connectors to be made prior to hookup.

The operator shall cause any lines and connectors that are visibly damaged to be removed from service. Operations shall cease as soon as safely possible upon detection of any liquid leaking from the lines or connections.

exceeds 60 dB at any time of the day;

creates pure tones where one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hertz and above, and by 8 DB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or

creates low-frequency outdoor noise levels that exceed the following dB levels:

When noise contains strong pure tone components or is impulsive, 2 dB shall be subtracted from the appropriate limitation.

In determining compliance, the formula listed in Subsection B(2) may be used where r1 shall be the closest distance to the well were a sound reading may be safely obtained.

All compressors and other mechanical equipment not associated with drilling and fracing that is designed to be on-site longer than ninety (90) days must meet the requirements of Section 32.32.

All compressors shall not exceed 40 dB at three hundred (300) feet from the source of the noise. Compliance shall be determined by measuring the noise level twenty (20) feet from the noise source on all four sides and taking the average decibel reading. Average readings in excess of 64 dB shall indicate that the compressor is not in compliance with this subsection by utilizing the following formula:

The sound level meter used in conducting noise evaluations shall meet the American National Institute’s Standard for a sound meter or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

Measurements shall be taken using the A-weighted sound pressure intensity measurement scale.

Each Oil/Gas Well Permit issued by the Town shall include the following statement: “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 Town of Bartonville, 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 injuries 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/Oil Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Gas/Oil Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the Town of Bartonville, 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 Town of Bartonville, 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/Oil Well Permit and, the Operator agrees to indemnify and hold harmless the Town of Bartonville, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Bartonville occurring on the drill site or operation site in the course and scope of inspecting and permitting the oil/gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF BARTONVILLE OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL/GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF BARTONVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF BARTONVILLE, 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 TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE OIL/GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.”

All operators must provide the Town with thirty (30) days’ advanced written notice that the policy will be cancelled or nonrenewed except when the policy is being cancelled for nonpayment of premium, in which case ten (10) days’ advance written notice is required.

Liability policies shall be written by carriers licensed to do business in Texas and with companies rated “A” or better by A.M. Best approved by the Town. The “A” rating by A.M. Best shall be maintained for the policy period.

Liability policies shall name as “Additional Insured” the Town and its officials, agents, employees, and volunteers.

The policy phrase “other insurance” shall not apply to the Town where the Town is an additional insured on the policy and each policy shall be primary and noncontributory.

All liability policies shall include a blanket waiver of subrogation.

The operator shall present to the Town copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this section before the issuance of a permit.

Certificates of insurance must be presented to the Town evidencing all coverages and endorsements required by this Chapter.

The acceptance by the Town of a policy without the required limits and/or coverage shall not be deemed a waiver of these requirements.

After the insurance of the well permit, the Town may require the operator to provide a copy of the most current insurance coverage and endorsements for review at any time. An administration fee in the amount set in the Town’s fee schedule will be charged to cover the cost of such reviews.

Claims-made policies will not be accepted except for excess policies or unless otherwise provided by this Ordinance.

Commercial liability coverage for bodily injury and property damage coverage in a minimum combined single limit of ten million dollars ($10,000,000.00) per occurrence with an annual general aggregate coverage of twenty million dollars ($20,000,000.00). This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground reservoir (or resources), broad form property damage, independent contractor’s protective liability and personal injury.

Underground reservoir (or resources) damage coverage issued on an occurrence basis, shall not be limited to sudden and accidental occurrences, shall not have a discovery or reporting limitation and shall not exclude damage to water tables, formation or strata.

Environmental impairment (or seepage and pollution) coverage, shall be maintained in an amount of at least two million dollars ($2,000,000.00) per loss, with an annual aggregate of at least twenty million dollars ($20,000,000.00) for environmental pollution liability applicable to bodily injury, property damage, including loss of use of that damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with a loss arising from the insured site.

Comply with the road damage remediation agreement and the insurance provisions set forth in this Chapter; and

Pay fines and penalties imposed upon the operator by the Town for any breach of the well permit or this Chapter if the operator fails to pay such fines or penalties within 30 days of the assessment of such fines or penalties; and,

Comply with the performance obligations of this Chapter.

The bond shall become effective on or before the date of the gas well permit is issued and shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored to the reasonable satisfaction of the Town Administrator, whichever occurs later.

The Town shall be authorized to draw upon the bond to recover any fines or penalties assessed under this Chapter or any other costs or work for which the operator is assessed and fails to pay.

Any operator who initially posted a cash bond, and whose well is in compliance with these regulations, is in the producing stage and all drilling operations have ceased, may submit an application to the Town to reduce the bond to $25,000.00. When determining whether the bond should be reduced, the Town Council will take into consideration circumstances based on the operator’s prior actions. During reworking operations, the amount of the bond shall be maintained at the original amount required.

Site development, other than drilling;

All workover or reworking operations;

Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, and other related work conducted on the well development site or operation site;

Open hole formation or drill stem testing; or

Fracing operations.

The Town Council may further restrict the timing of truck traffic deliveries to or pickups from the well development site or operation site as a condition of the gas well permit as provided for in Section 32.19 of this Chapter.

When a gas well permit authorizes flaring, the operator shall not flare except as follows:

the operation of the vehicle audible backup alarms shall be prohibited and replaced with approved nonauditory signaling systems, such as spotters or flagmen.

The derrick man and driller shall communicate by walkie-talkie or other nondisruptive means used to signal for connection or to summon crew (except that a horn may be used for emergency purposes only).

The operator shall conduct on-site meetings to inform all personnel of nighttime operations noise control requirements.

The video of the roads as submitted by the applicant accurately and satisfactorily depicts the road conditions.

The applicant has complied with all conditions imposed by the Town Council with the approval of the gas well permit.

The operator shall notify the gas inspector by phone or in writing, if no answer, at least seventy-two (72) hours prior to starting completion procedures such as perforating, fracing and flaring.

The operator shall not fracture more than the first well drilled on a lease or unit site unless there is a sales line in place to transport the gas.

Operators shall provide the gas well inspector and Fire Marshal seventy-two (72) hours’ notice prior to any of the following events:

Operators shall provide the gas inspector and the Fire Marshal twenty-four (24) hours’ notice following any of the following events:

The sign shall have a surface area of not less than three square feet;

well name and number;

name of operator;

the emergency 911 number;

address; and

telephone numbers of two persons responsible for the well who may be contacted in case of emergency.

Sign lettering shall be four inches in height and shall be red on a white background or white on a red background.

Each sign shall include the emergency notification numbers of the Fire Department and the operator, and the well and lease designations required by the Railroad Commission.

Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from a U.S. Environmental Protection Agency or Texas Commission on Environmental Quality approved laboratory.

Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well. A post-drilling sample for analysis shall be submitted by the operator no sooner than two months and no later than three months after the drilling begins.

Parameters to be tested for, include but are not limited to methane, chloride, sodium, barium and strontium.

All private roads used for access to the drill site and the operation site itself shall be at least fourteen (14) feet wide, have an overhead clearance of fourteen (14) feet and shall be surfaced with milled asphalt, crushed rock, gravel or ore and maintained to prevent dust and mud, except from the edge of the roadway to the lesser of, seventy (70) feet inside the property line or the installed gate, which must be surfaced with a minimum of eight inches (8") of concrete. All secured access gates shall be equipped with a knox lock and shall be set back a minimum of seventy (70) feet from the right-of-way. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the Town Engineer and/or Gas Inspector after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the operation; the purpose for which the property of such owners is or may be used; topographical features; nature of the soil; and exposure to wind.

All private roads used for access to the drill site that connect to public rights-of-way shall be angled in such a way as to encourage vehicular traffic to enter and exit the site in a manner that complies with the approved truck route. Additionally, all private roads shall have a drainage culvert constructed and installed in conformance with Chapter 3, Article 3.1000, Section 3.1003 [Section 3.09.104], and Culvert Construction Standards of this Code.

Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.

No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway or upon any operation site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The Town Engineer, Fire Marshal or Gas Inspector shall determine whether equipment on the site shall constitute a fire hazard.

Portable fracing tanks shall be removed within sixty (60) days following the completion of fracing activities.

A completed application on forms provided by the Town;

Application fee as set forth in the Town’s adopted fee schedule;

A list of chemicals, including concentrations and quantities, to be used in the fracing process;

Proof of compliance with Section 32.16 Insurance and Indemnification;

Proof of compliance with Section 32.17 Security;

An updated Road Damage Remediation Agreement as required by the Town Engineer; and

If fracing operations have already been performed for the unit, testing reports from all water wells within one-quarter (1/4) mile radius.

At least seventy-two (72) hours before fracing operations are commenced, the Operator shall notify the Town and post a sign at the entrance of the well site advising the public of the date the operations will commence;

A watchman shall be required at all times during approved nighttime operations; and

At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.

The construction of freshwater fracture pits shall require a permit from the Town after review by staff and the Town Engineer.

All pumps and equipment associated with pumping water from the freshwater frac pits must meet the noise requirements of Section 32.15 of this chapter.

All temporary pipes used to transport freshwater from the frac pits must obtain the required right-of-way permits if utilizing the Town’s right-of-way.

No freshwater fracture pit may be placed in any Town recognized drainageway, FEMA floodplain or floodway, existing right-of-way or easement.

Construction and maintenance of the freshwater fracture pit must comply with all local, state and federal regulations.

All pits shall meet the following requirements:

The operator shall enter into a specific surface use agreement with the surface owner that provides for the maintenance and operation of the fracture pond when the pond is no longer under the control or use of the operator or that the operator will restore the property to its condition prior to the construction of the fracture pond. The agreement shall be provided to the Town. The Town shall be notified when the operator relinquishes control to the owner.

Periodic environmental tests may be required by the Town. All costs for testing shall be borne by the permit holder of the Freshwater Fracture Pit. All samples collected for testing shall be witnessed by the Gas Inspector or other designated Town personnel.

Prompt and effective response to emergencies regarding:

Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency;

The availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency;

Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;

Emergency shutdown of an oil or gas well and related site;

The safe restoration of service and operations following an emergency or incident;

A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.

Any other emergency protection measure reasonably necessary to protect the general health, safety and welfare of the Town.

Furnish or update a copy of the emergency response plan described in Subsection B;

Review the responsibilities of each governmental organization in response to an emergency or incident;

Review the capabilities of the pipeline owner or operator to respond to an emergency or incident;

Identify the types of emergencies or incidents that will result in or require contacting the Town; and

Plan mutual activities that the Town and the oil or gas well owner or operator can engage in to minimize risks associated with oil or gas well operation.

A general description of the emergency or incident;

The location of the emergency or incident;

The name and telephone number of the person reporting the emergency or incident;

The name of the gas well owner or operator;

Whether or not any hazardous material is involved and identification of the hazardous material so involved;

Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident;

The oil or gas well owner or operator shall contact any other emergency response groups that are necessary that may not be activated through the Denton County 911 system; and

The oil or gas well owner or operator shall contact the Denton County emergency planning committee (DCEPC) no later than one (1) hour after the discovery of any incident.

The name, address, and phone number of the operator.

The name, physical and mailing addresses, and phone number of the person designated to receive notices from the Town.

The operator’s emergency response plan (including “drive-to maps” from public rights-of-way to each drill site).

Any notifications made to state and/or federal agencies of accidental releases, upset conditions, leaks, or spills.

Any other information required on the application by this Chapter.

the transferee agrees to be bound by the terms and conditions of the current well permit and road repair agreement;

all information previously provided to the Town as part of the current well permit application is updated to reflect any changes;

the transferee provides the insurance and security required by this Chapter and otherwise complies with all applicable ordinances and regulations; and

the transferor is current in all of its financial obligations under this Chapter.

Measures to be taken to restore property to allow use under the Town’s Comprehensive Plan;

The control of surface water drainage and of water accumulation and measures to be taken during the reclamation process to provide for the protection of quantity and quality of surface and groundwater systems;

Testing for and, if necessary, cleaning up polluted surface and groundwater, including, but not limited to testing soil and water samples from around the site for chemicals associated with the drilling and production process both before a permit is issued and within 30 days following the completion of abandonment activities;

Backfilling, soil stabilization, compacting, grading and appropriate revegetation;

Soil reconstructions, replacement and stabilization;

Configuration of the reshaped topography;

Waste disposal;

A plan for revegetation of affected lands;

Road reclamation;

Other practices necessary to ensure all disturbed areas will be reclaimed; and

A notarized statement from the surface property owner identifying any facilities that the property owner desires to remain after the abandonment of the well.

The derrick and all appurtenant equipment thereto shall be removed from drill site;

All tanks, towers, and other surface structures or installations shall be removed from the drill site;

All concrete foundations, gravel, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Railroad Commission;

All holes and depressions shall be filled with clean, compactable soil;

All waste, refuse or waste material shall be removed from the drill site;

A report from an independent lab indicating that tested water and soil samples measured from the down gradient side on the surrounding property are not contaminated with chemicals associated with the drilling and production process[;]

During abandonment, the Operator shall comply with all applicable sections of this chapter; and

A five (5) foot no-build easement around the center of the plugged and abandoned well bore shall be required and recorded in the deed records of Denton County and filed with the Town.

A copy of the W-3A “Notice of Intention to Plug & Abandon” and “W-3 Plugging Record” forms on the same date these forms are submitted to the Railroad Commission;

A 72-hour notice of intention to abandon under the provisions of this Section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated[;]

All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings and cellars shall be cut and removed to a depth of at least three (3) feet below the surface. A permanent abandonment marker pipe, with the well identity and location permanently inscribed, shall be welded to the casing and shall be at least four (4) inches in diameter with a height of four (4) feet visible above the ground level.

An appeal shall be in writing and shall be filed in triplicate with the Town Secretary. The grounds for appeal must be set forth specifically, and the error described, by the appellant.

Within forty-five (45) days of receipt of the records, the Town Secretary shall transmit all papers involved in the proceeding, place the matter on the Town Council agenda for hearing and give notice by mail of the time, place and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need to be given.

A fee shall be required for every appeal in the amount established by the Town. In addition, the appellant shall reimburse the Town for all legal and professional fees associated with the review of the appeal. The decision of the Town Council shall be final and binding on the appellant.

Engages in any activity not permitted by the terms of a gas well permit issued under this Chapter.

Fails to comply with any of the terms and conditions set forth in a gas well permit issued under this Chapter.

Fails to comply with any order or directive of either the Fire Chief, Fire Department, Police Department or gas inspector issued in accordance with this Chapter.

Refuses to permit access to a gas well development site or operation site to the Fire Chief, Fire Department, Police department or gas inspector, or other authorized individual, upon request or as required under this Chapter.

Violates any provision or requirement set forth under this Chapter other than a violation of Section 32.14.

Fails to comply with any element or provision of a noise abatement plan, lighting plan, route map, emergency management plan, dust mitigation plan or waste management plan.

Constructs, installs or maintains any equipment on a well development site or operation site in a manner that is not in compliance with the site plan approved by the Town Council.

The Town recognizes that its ordinances must be consistent with Chapter 382 of the Texas Health and Safety Code and the actions specified in this Section are adopted with the intent that they are consistent with Chapter 382 and the TCEQ Rules.

If the Town Administrator or the gas inspector determines that a violation of Section 32.14 has occurred, or that a nuisance as defined by Section 32.14(C) exists, the Town Administrator shall take one or more of the following actions: