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HomeMy WebLinkAboutOrdinance 17309-12-2006ORDINANCE NUMBER 17309-12-2006 AN ORDINANCE AIVIENDING THE CODE OF ORDINANCES OF TIIE 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 W DTI-IIN TI-IE CITY TO PROVIDE DEFINITIONS FOR COMMENCEMENT AND CESSATION OF DRILLING ACTIVITIES, DRILLING OPERATIONS, MOBILIZATION AND DEMOBILIZATION AND OUTER BOUNDARY SURFACE PROPERTY LINE; REVISE SECTION I5.42, "TECHNICAL REGULATIONS" TO REQUIRE WELLS TO BE SETBACK 100 FEET FROM ANY OUTER SURFACE BOUNDARY LINE UNLESS WAIVED BY THE ADJACENT PROPERTY OWNER OR THE CITY COUNCIL; 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; AND NAMING AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the City Council adopted Ordinance Number 14880 regulating gas drilling within the city limits of Fort Worth; and WHEREAS, since 2001 over five hundred permits have been issued for drilling and production of gas within the city limits; and WI-IEREAS, in the past five years, gas drilling and production has moved from sparsely populated areas in the northern part of the City to more densely urbanized areas in the southern, western and easterxa portions of the City; and WIIEREAS, the City Council appointed a task force corriposed 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, on June 13, 2006 the City Council adopted Ordinance Number 16986-06-2006, revising the 2001 gas drilling ordinance to add noise mitigation procedures and revisions to the standards allowed for noise decibel levels, increasing the permitted drilling distance requirements to 600 feet from protected uses for high impact permits, requiring further notification and informational meetings for the citizens of fort Worth, and adding additional site security, signage, fencing, landscaping and other revisions to the technical regulations; and WHEREAS, after Ordinance Number 1698606-2006 was adopted in June of 2006, the Task Force was asked to study issues related to pad site activity and the allowed distance a well can be drilled from an outer surface boundary line: and WI~IEREAS, the City Council finds that the regulation of the development of gas and other hydrocarbon substances within and under the City is necessary in order to protect the surface property rights, to protect the owners of mineral rights and to provide for the orderly exploration, development, and production of gas; and WHEREAS; is advisable to amend the current regulations for the drilling, production and re-drilling of gas so there are clear definitions for the commencement and cessation of drilling activities and mobilization and demobilization and outer boundary surface property line, to limit the hours of mobilization and demobilization on Sundays and to establish a 100 foot setback requirement for all gas wells drilled from an outer surface boundary line; and WHEREAS, the provisions set Earth in Chapter 15 shall be considered the minimum requirements for the development of gas and other hydrocarbon substances within and under the City and shall not relieve any person from any duty imposed by law to use reasonable care and precautions for the safeguarding of people and the protection of and noninterference of property rights; NOW, THEREF®RE, BE IT ®RDAINEI) 13Y THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 2 s>~~Troly 1. Section 1531 of Division ll, "Definitions" of Article Il, Chapter I S, "Gas" of the Code of Ordinances of Fort Worth, Texas is hereby amended to add the following definitions: Cessation of'drilling activities means the time when the Blow Out Protectors (BOP'S} are removed ar otherwise rendered inoperable and/or there are no further activities to trip drill pipe, casing or insert other tools into ar out of the hole. Commencement of drilling activities means the reflection of either "Spud Well" ar "Nipple Up" the Blow Out Protectors (BOP) by the drilling contractors on the IADC-APl Daily Drilling Report Form maintained by the operator's tool pusher on the pad site. Demobilization means those activities when the drilling has ceased and the rig equipment and related pad site equipment is being dismantled for the purpose of moving off the drill pad site. Drilling operations means drilling with drill pipe and bit, running casing, circulating mud and fluids, tripping tools and setting production casing/tubing. Mobilization means those activities when the drilling rig and related equipment and personnel arrive at the well site and are conducting activities to rig up ar position the rig equipment at the well and prepare far drilling. This includes all activities and services prior to the drill bit being lowered below the rotary table and entering the conductor pipe in an attempt to make hole ("spud in"} for the first time at the pad site. Outer boundary surface property line means the outer boundary of any property for which a preliminary plat or concept plan has been filed with the City of Fort Worth SECTI®N 2. Section 15-42, "Technical Regulations" of Article Il, Chapter I5, "Gas" of the Code of Ordinances of Fort Worth, Texas is hereby amended revise Subsections SS and add a new subsection, Subsection S6 of to read as follows: 55) Work lxours fear pad site construction No construction activities involving excavation of, alteration to, or repair work on any access road or pad site, shall occur during nighttime hours or at any time an Sunday. 3 56~ Mobilization and Dear~obilixation. Mobilization and demobilization shall be prohibited before 9 azn and after 6 pm on Sundays. SECTION 3. Subsection C., "Well Setbacks" of Section 15-42, "Technical Regulations" of Article II, Chapter 1 S, "Gas" of the Code of Ordinances of Fort Worth, Texas is hereby amended to require a 100 foot setback from any outer surface boundary lzne far any revise Subsections SS and add a new subsection, Subsection 56 of to read as follows: C. Well Setbacks, 1. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located: l } Within twenty-five (2S) feet from any storage tank, or source of ignition; 2) Within seventy-five {75) feet of any public street, road, highway or future street or right-of way; 3) Within six hundred (600} feet from any Protected Use; 4) Within two hundred (200) feet from any building used, or designed and intended to be used, for human occupancy; 5} Within one hundred (100) feet of any building accessory to, but not necessary to the operation of the well; 6) Within two hundred (200) feet to any fresh water well not drilled by the operator as a specific source of water used for drilling or completion operations without the express written permission of the owner of the water well; 7) Within one hundred {100) feet from an outer boundary surface property line. The measurement shall be in a direct line from the closest well bore to the fresh water well bare. The distance requirement fox fresh water wells is subject to the Railroad Commission regulations and any other state or federal requirements. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in 1) through 6) above. 4 2. The 100 feet minimum setback distance a gas well can be drilled from an Hater boundary surface property line in subsection 7) above may be reduced by the fallowing methods: Waiver process. The mineral lease owner or operator must obtain a waiver from the adjacent surface owner(s) to drill a well within 100 feet of the outer boundary surface property line. All waivers must identify the adjacent surface property addresses, blocks and lots numbers, subdivision name (if applicable) and plat volumes and pages and be filed, at the expense of the operator, in the applicable county records. Council process. If the mineral lease owner or operator attempts and fails to obtain a waiver from the adjacent surface owner(s), then the mineral lease owner or operator may petition the City Council to reduce the minimum distance after providing written notice by certified mail to the adjacent surface owner(s) of such request, noting the date and time of the City Council hearing. If granted, a waiver must be filed, at the expense of the operator, in the applicable county deed records identifying the adjacent surface property addresses, blocks and lots numbers, subdivision name (if applicable) and plat volumes and pages. Any surface owner(s) or City Council waiver as to a reduction in the 100 feet minimum setback distance shall apply to all future gas wolfs drilled on the designated and approved pad site area, regardless of any Protected Uses ar structures built within 600 feet of the outer boundary surface property line after the waiver is granted. ~ECTI=®1®14. 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. 5 SECTION 5. That all rights ar 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. SECTII®N 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. SECTIOl®17. That any person, firm or cozparation 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. 5 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 upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Y Assistant C ty Attorney Adopted• l~~ !~ -~ D ~ Effective: 7 ~~ ®f F® ®f~, T"e~as Mayor and Council Communication COUNGII. e4CTION: Approved on 12I121'2QQ6 - Ordi~ar~ce No. 173Q9-12-2QQ6 DATE: Tuesday, December 12, 2006 LOG NA6VIE: 06GASORDREV REFERENCE NO.: G-15514 SUBJECT: Adoption of Amendments to Article II of Chapter 15, "Gas Drilling and Production"' of the City Code to Add Definitions Related to the Commencement of Drilling Activities, Operations, Outer Surface Boundary Line, Mobilization and Demobilization, Limit Certain Pad Site Activity on Sundays and Revise the Setback Requirements from an Outer Surface Boundary Line RECC?MMENDATi©N: It is recommended that the City Council adopt the attached ordinance amending Article II of Chapter 15, "Gas Drilling and Production" of the City Code to add definitions related to the commencement of drilling activities, operations, outer surface boundary line, mobilization and demobilization, limit certain pad site activity on Sundays and revise the current setback requirements from an outer surface boundary line. DISCIJSSEOIV: On December 11, 2001, the City Council adopted Ordinance No. 14880 regulating gas drilling within the city limits of Fort Worth. At the time the ordinance was adopted, gas drilling was taking place mainly in the northern and less densely populated area of the City. Since 2001, over 500 permits have been issued for drilling and production of gas within the city limits and gas drilling and production has moved from sparsely populated areas in the northern part of the City to mare densely urbanized areas in the southern, western and eastern portions of the City. Due to the increasing impact of noise to residential neighborhoods related to drilling activities nearby, the City Council appointed a task force in November of 2005 composed of five gas industry representatives, four developers, two attorneys and nine neighborhood representatives to study and recommend revisions to the gas drilling ordinance that would improve the quality of life for those citizens working and living near the drilling sites. On June 13, 2006, the City Council adopted Ordinance Na. 16986-062006, revising the 2001 gas drilling ordinance to add noise mitigation procedures and revisions to the standards allowed for noise decibel levels, increasing the permitfed drilling distance requirements to 600 feet from protected uses for high impact permits, requiring further notification and informational meetings for the citizens of Fort Worth, and adding additional site security, signage, fencing, landscaping and other revisions to the technical regulations. Since adoption of the revisions in June, issues related to allowed drilling distances from outer surface boundary lines and prohibited pad site activities on Sundays were reviewed by the Task Force. Adoption of the proposed ordinance would add definitions for commencement and cessation of drilling activities, drilling operations, outer surface boundary line, mobilization and demobilization; limit mobilization and demobilization during certain hours on Sunday; and require gas wells to be set back 100 feet from an outer boundary surface property line unless waived by the adjacent surface owner ar the City Council. Logname: 06GASORD}:tEV Page 1 of 2 FISCAL INI"ORMATIONICERTIFICATION: The Finanee ©irector certifies that this action wi11 have no material effect on City funds. TU FundlAccountlCer~ters 1=RONI ~uncllAccountlCenters Subrnitted for City IVlanager's Office bv: Dale Fisseler {6140) Uri inatin De artment Head: Bob Riley (5901) Additional Information Contact: Sarah Fuiienwider (7619) Logz~axz~e: 46GASORDREV Page 2 of 2