(a) A person, including the City of Fort Worth, seeking city council approval of a municipal setting designation (MSD) for property within the corporate limits of the City of Fort Worth, or within its extraterritorial jurisdiction, shall file six copies of an application with the director. An application may be filed in person, by United States mail, or by a document delivery service.
(b) An application shall be on a form provided by the director, and shall contain:
(1) Applicant’s name and address, and the name, address, daytime telephone number and email address of a contact person;
(2) The location and legal description of the proposed outer boundaries of the MSD;
(3) A statement as to whether applicant has filed an application with the executive director of the commission for an MSD for the property;
(4) A statement as to whether a public drinking water supply system exists that satisfies the requirements of Tex. Health and Safety Code Chapter 341 and that supplies or is capable of supplying drinking water to the property for which the MSD is sought, and property within one-half mile of the property for which the MSD is sought;
(5) A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of contamination known to applicant, and the identified vertical and horizontal area of the contamination. If applicant has not documented groundwater contamination offsite that originates from the property for which an MSD is sought, the application shall include a statement as to whether contamination more likely than not exceeds a residential assessment level offsite and the basis for that statement;
(6) Identification of the person(s) responsible for the contamination of the groundwater, if known;
(7) A listing of:
a. All owners of real property lying within one-half mile of the subject property, as the ownership appears on the last approved city tax roll;
b. All state-registered private water wells within five miles from the boundary of the property for which the designation is sought, including a notation of those wells that are used for potable water purposes (if known), and a statement as to whether applicant has provided the owners with notice as provided in Tex. Health and Safety Code § 361.805;
c. Of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought, and a statement as to whether applicant has provided the utilities with notice as provided in Tex. Health and Safety Code § 361.805; and
d. Each municipality, other than the City of Fort Worth, with a boundary located not more than one-half mile from the property for which the MSD is sought; or that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought; and a statement as to whether applicant has provided the municipalities with notice as provided in Tex. Health and Safety Code § 361.805;
(8) A copy of the application to the executive director of the commission, if filed;
(9) A site map, drawn to scale, including a metes and bounds description of the property, the boundary of the proposed MSD, the location of groundwater on the property, and the extent of groundwater contamination to the limits that it has been defined. The map shall include a statement by a professional land surveyor registered by the Texas board of professional surveying attesting to the accuracy of the metes and bounds property description; and
(10) Any other information that the director deems pertinent.
(c) The application shall be signed by an authorized representative of the applicant and shall contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(d) An application shall be accompanied by:
(1) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)(7) above;
(2) An electronic file of the names and addresses of persons listed in subsection (b)(7) above, in a format acceptable to the director and compatible with city information systems; and
(3) An application fee in an amount set by city council by ordinance.
(e) An applicant may withdraw its application in writing by letter sent certified mail, return receipt requested, to the director, and shall forfeit the application fee. If the director has not issued public notice prior to the receipt of the withdrawal letter, the applicant may reapply at any time. If public notice has issued, a new application is subject to the limitations of § 12.5-420.
(Ord. 16259, § 2, passed 1-11-2005)