HomeMy WebLinkAboutOrdinance 19402-10-2010 ORDINANCE NUMBER 19402-10-2010
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF FORT WORTH, BY AMENDING ARTICLE II OF CHAPTER 15, "GAS"
ENTITLED, "GAS DRILLING AND PRODUCTION," REGULATING THE
DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY TO
AMEND SEC. 15-39, "SUSPENSION OR REVOCATION OF GAS WELL
PERMIT; ISSUANCE OF A CITATION, EFFECT" TO ALLOW THE GAS
INSPECTOR TO SUSPEND OR REVOKE THE GAS WELL PERMIT OR ISSUE
A CITATION WITHOUT A TEN DAY NOTICE TO CURE; TO AMEND
SECTION 15-31, "DEFINITIONS" TO REVISE THE DEFINITION OF
"PRIVATE RESIDENTIAL AREAS" AND TO AMEND SEC. 15-36, "GAS WELL
PERMITTING PROCEDURE" TO REQUIRE A BILINGUAL WAIVER FORM
AND AN EXHIBIT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION
WHEREAS, on December 11, 2001, the City Council adopted Ordinance
Number 14880 regulating gas drilling within the city limits of Fort Worth; and
WHEREAS, in 2006, the City Council appointed a task force composed of gas
industry, developers and neighborhood representatives to study revisions to the Gas
Drilling Ordinance that would improve the quality of life for those citizens working and
living near the drilling sites; and
WHEREAS, in June of 2006, the City Council amended the Gas Drilling
Ordinance for the drilling, production and re-drilling of gas so that these activities may be
conducted in a manner that protects the public health and welfare of the citizens of Fort
Worth, conforms with established codes and regulations while minimizing the potential
impact to surface property and of mineral rights owners; and
WHEREAS, in 2008, the City Council appointed a third task force of gas
industry, developer and neighborhood representatives to study revisions to the Gas
Drilling Ordinance, including revisions to the current regulations for compressors, noise,
public notice, Protected Use definitions, setbacks, roads, and other revisions that will
improve the quality of life while allowing the continued access to the minerals; and
WHEREAS, in December, 2008, the City Council adopted Ordinance Numbers
18399-12-2008 and 18412-12-2008 amending the Gas Drilling Ordinance to include
revisions for new environmental provisions to reduce emissions from wells and trucks,
new salt water piping standards, noise management plans; compressor setback and noise
standards, pipeline routes, the creation of a gas drilling review committee; the
establishment of landscaping deadlines, the creation of permitting and regulations for
fracture ponds and a requirement for surface reclamation plans; and
WHEREAS, the regulations adopted in 2008 contained provisions that required a
10-day notice to operators to cure violations before a citation or other unless the failure
presents a violation of the noise provisions, a risk of imminent destruction of property or
injury to persons or unless the failure involves the Operator's failure to provide periodic
reports as required by the Ordinance; and
WHEREAS, the current definition of "Private Residential Area" only includes
those properties that are zoned and used as single or multi-family residential and excludes
adjacent properties that are vacant but are zoned as single or multi-family residential; and
WHEREAS, the gas drilling regulations do not require that the waiver required to
be signed by owners of protected use properties be written in both English and Spanish or
that an exhibit be attached showing the setback to the protected use; and
WHEREAS, it is advisable to amend the existing gas drilling regulations to allow
the Gas Inspector to cure ordinance violations without the 10-day notice to cure period;
and
WHEREAS, it is advisable to revise the definition of"Private Residential Area"
to include adjacent vacant properties zoned as single or multi-family residential so that
their owners may be provided notice of proposed gas pipelines traversing their property
for review by the City's Gas Drilling Review Committee; and
WHEREAS, it is advisable to revise the format of the waiver form to include
both English and Spanish translations and to include an attachment that depicts the
location of the protected use that is the subject of the waiver and closest distance that a
well could be permitted to the protected use on an aerial photo;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Section 15-39, "Suspension or Revocation of Gas Well Permit; Issuance of a
Citation, Effect" of Article II, "Gas Drilling and Production" of Chapter 15 "Gas" is
hereby amended by deleting Paragraphs A and B in their entirety and replacing
Paragraphs A and B with Paragraph A below and to renumber the subsequent paragraphs
sequentially.
A. The Gas Inspector may suspend or revoke the Gas Well Permit or
issue a citation pursuant to the provisions of this Ordinance. If the
Operator is in compliance with the approved noise management
plan of Section 15-42.B, "Noise" and a violation still occurs, the
Operator will be given twenty-four (24) hours from notice of non-
compliance to correct the violation from an identified source
before a citation is issued. Additional extensions of the twenty-
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four(24)hour period may be granted in the event that the source of
the violation can not be identified after reasonable diligence by the
Operator.
SECTION 2.
Section 15-31, "Definitions" of Article Il, "Gas Drilling and Production" of
Chapter 15 "Gas", is hereby amended to revise the definition in Subsection WW. entitled
"Private Residential Area" to read as follows:
WW. Private Residential Area means any area within the territorial
limits of the City that is zoned and used as single or multi-family
residential; or vacant residentially-zoned lot that is adjacent to
properties that are zoned and used as single or multi-family
residential.
SECTION 3.
Section 15-36. "Gas Well Permitting Procedure", Paragraph D, 1 of Article II,
"Gas Drilling and Production" of Chapter 15 "Gas", is hereby amended to require
waivers to be in both Spanish and English and to attach an exhibit to read as follows:
D. Permitting Procedure for a Waiver from Protected Use
Property Owners.
1. No application for a Gas Well permit within six hundred (600) feet
of a Protected Use by Waiver of Protected Uses shall be accepted
unless the written notarized waivers are obtained from all
Protected Use Property Owners within six hundred (600) feet of
the proposed well site.
a. Waivers must be in a format approved by the City and shall
include an aerial exhibit attached clearly depicting the area of a
proposed pad site where well development could occur and the
closest dimension to the protected use for which the waiver is
being requested. Signatures are required on both the form and
exhibit. The waiver form will be double sided and printed in
both Spanish and English allowing the property owner to
execute the waiver in their language of choice.
b. Written notarized waivers granted by the all the Protected Use
Property Owners within a six hundred (600) foot radius around
the proposed well or boundary of Multiple Well Site must be
filed, at the expense of the Operator, in the applicable county
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records. All waivers must identify the property address, block
and lot number, subdivision name and plat volume and page
number. Copies of filed Protected Use Property Owner waivers
must be submitted with the filing of a completed application
for a Gas Well permit within six hundred (600) feet of a
Protected Use.
2. If the Operator fails to obtain written waivers from all Property
Owners within a six hundred (600) foot radius around the proposed
well, or boundary of Multiple Well Site the Operator must submit a
request for a waiver to drill a Gas Well within six hundred (600)
feet of a Protected Use from City Council pursuant to the
requirements of Subsection C of this Section or modify the well
location to comply with the six hundred (600) foot setback from all
Protected Uses. Waivers from new Protected Use Property
Owners shall not be required for an approved or existing Multiple
Well Site Permit."
SECTION 4.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of the City Code, or any amendments thereto that have
accrued at the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or criminal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation herein
of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or
section.
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SECTION 7.
That any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the City of Fort
Worth,Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 9.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
B
Assistant Cit Attorney
Adopted: October 12, 2010
Effective: 4kkb(4 /�, 9Q 0
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City of Fort Worth, Texas
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Mayor ���� Council N�������NN� N�� NN^��N1�N���� ��rN ��NN�� ��n��rNNNNNN��NNN����.°m��"NN
COUNCIL ACTION": Approved on,10112/20,110 -Ord. No. 194,02-10-2010 , -
DATE: Tuesday, October 12. 2O1O REFERENCE NO.: (3-17021/Revmed\
LOG NAME: 08GAS DRILLING ORDINANCE REVISE-R
SUBJECT:
Adopt the Ordinance Amending /\rdo|a || of Chapter 15 of the City Code, to Amend Section 15-39 /\||ovving
the Gam Inspector to Suspend or Revoke a Gas Well Permit or |omua Citations on C3am [}h||ing Permit
Violations without 1O-[}ay Cure Period. Revise the Definition of Private Residential Area and Require
that all VVaivano Include o Boundary Area Exhibit and be Bilingual
RECOMMENDATION:
It is n000nnnnandad that the City Council adopt the attached ordinance amending Article || of Chapter 15 of
the City Code, to amend Section 15-39 allowing the (3am Inspector to suspend or revoke a gam well permit
or issue citations on gam drilling permit violations without 1O-day cure period, revise the definition of
Private Residential Area and require that all waivers in|oude a boundary area exhibit and be bilingual.
DISCUSSION:
On December 9. 2008. (&4&C G-16391) and December 16. 2008' (&4&C G-16407 the City Council adopted
Ordinances 18399 and 18412, raopaobwa|y, to amend the gam drilling regulations in Fort Worth. The two
ordinances were consolidated into one on February 3, 2009 (yW&C G-14839).
Citations
Section 15-39 currently requires that the Gam Inspector issue the operator written notice allowing a 1D-
day period to cure any violation of the (3am Well Permit. Hovvevar, if the violation is related to non-
compliance with the noise management p|an, risks to destruction of property orinjury to persons or failure
to provide required periodic naportm, the citation may be issued immediately. If there are noise violations
and the operator is in compliance with their noise management plan, they are allowed 24 hours to ouna the
violation.
The provision as it is currently written has made it difficult Uo enforce permit violations and to prosecute
associated citations that are issued prior to the 1O-day cure period. This revision will a||ovv the Gas
Inspector to enforce all provisions of permit by citation without the need to provide a 10-day notice and
cure period with the exception of 24-hours for noise violations that occur despite compliance with the
noise management plan. The proposed Section /\will replace Sections A and B in the current ordinance
and will a||ovv the C3am Inspector to issue citations without a 10-day cure period.
Pipelines in Private Residential Areas
Goa pipelines that are planned in Private Residential /\raan require review by the C3am C)h||inQ Review
Committee (GDR{}). Notice of the (3[}RC maadnQ is provided to the owners of the Private Residential
Area properties. The intent of the G[}RC review is to determine if all reasonable gam pipeline route
alternatives have been explored to ovoid residential areas if possible. Due to the current definition of
Lognamc: 060AS DRILLING ORDINANCE REVISE-R Page l of
"Private Residential Area," pipelines through vacant lots in neighborhoods are not required to comply with
the GDRC review process.
The proposed revision will enable both owners of vacant and developed residentially zoned properties to
receive notice and provide input on proposed gas pipeline routes.
Waiver Form
The waiver form used by operators currently is provided in English only. The proposed form will provide
both Spanish and English translation of the waiver language and will require an attachment that clearly
shows the boundary area where well development could occur as well as a dimensioned minimum
distance to the protected use considered in the waiver. The new format will further insure that protected
use property owners have sufficient information to consider when considering execution of a waiver.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Rick Trice (7959)
Logname: 06GAS DRILLING ORDINANCE REVISE-R Page 2 of 2