§ 35.16.7. Lots, Access, Common Areas and Gas Well Notification Disclosure.

A.

Lot size. The size, width and depth of subdivision lots shall conform to the zoning requirements for the area.

B.

Access to street. Each lot shall be provided with adequate access to an existing 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 dwelling 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 fire lane easement approved by the City. The easement must be at least twenty-four (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 fire lane easement shall 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.

C.

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 each other should be avoided.

D.

Common area and facilities. Such area shall 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 Planning and Zoning Commission.

E.

Gas Well Notification Disclosure. A Plat that proposes single- or multi-family residential lots that will be within one thousand (1,000) feet of one (1) or more Drilling and Production Sites, except for those Drilling and Production Sites and their subsurface mineral interests which are eliminated through plugging and abandonment, the Developer shall be required to provide all of the following disclosure notifications to all lot purchasers:

1.

A note shall be placed on the Plat identifying the Drilling and Production Site(s) and those proposed lots that are within one thousand (1,000) feet of the Drilling and Production Site(s). Said note shall also include a statement that advises lot purchasers of the existence of producing wells on the Drilling and Production Site(s), the possibility of new wells that may be drilled and fracture stimulated on the Drilling and Production Site(s), as well as the possibility that gas wells on the Drilling and Production Site(s) may be re-drilled and/or re-fracture stimulated in the future.

2.

There shall be depicted on the Plat, and on a lot survey submitted as part of a building permit application, the location of the Drilling and Production Site(s) in relation to the lots that are within one thousand (1,000) feet of a Drilling and Production Site(s).

3.

A provision shall be included in the Declaration of Restrictive Covenants that advises lot purchasers of the existence of producing wells on the Drilling and Production Site(s), the possibility that new wells may be drilled and fracture stimulated on the Drilling and Production Site(s), as well as the possibility that gas wells on the Drilling and Production Site(s) may be re-drilled and/or re-fracture stimulated in the future.

4.

A Notice document that advises lot purchasers of the existence of producing wells on the Drilling and Production Site(s), the possibility that new wells may be drilled and fracture stimulated on the Drilling and Production Site(s), as well as the possibility that gas wells on the Drilling and Production Site(s) may be re-drilled and/or re-fracture stimulated in the future, shall be recorded with the Denton County Clerk's Office.

The form of the disclosure notifications required in subsections E.3. and E.4. shall be approved by the City Attorney.

F.

Drilling and Production Site Access. Truck traffic related to gas well drilling and production shall not be allowed to use a Plat's Neighborhood Streets to access a gas well Drilling and Production Site. In addition, no Plat shall be allowed to eliminate or alter an access road or easement depicted on a Gas Well Development Plat or Gas Well Development Site Plan, unless written consent of the gas well Operator is obtained and a separate access road or easement on the Plat is provided for access to a Drilling and Production Site.