HomeMy WebLinkAboutOrdinance 18910-11-2009ORDINANCE NUMBER 15910-1 ~ -2009
AN ORDINANCE AMENDING THE CGDE OF ORDINANCES OF THE
CITY OF FORT WORTH, BY AMENDING ARTICLE II GF CHAPTER 15,
iiGAS" ENTITLED, "GAS DRILLING AND PRODUCTION," REGULATING
THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY
TO AMEND SECTION 15-31, "DEFINITIONS" TD ADD A DEFINTIDN FUR
URBAN VILLAGES AND TO AMEND FRESHWATER FRACTURE PITS TO
ADD A REFERENCE TD PONDS; AMEND SECTION 15-34, "GAS WELL
PERMIT REQUIRED" TO REQUIRE CITY COUNCIL APPROVAL FOR
GAS WELLS IN URBAN VILLAGES; AMEND SUBSECTION 17 OF
SECTION 15-42, "TECHNICAL REGULATIONS" TO REQUIRE COUNCIL
APPROVAL FOR FRACTURE PONDS IN URBAN VILLAGES; 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 Grdinance
Number 14550 regulating gas drilling within the city limits of Fort VL~orth; 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 Qrdinance 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 maybe
conducted in a manner that protects the public health and welfare of the citizens of Fort
VL~orth, 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 18412-12-2005 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 did not address gas wells or fracture
ponds within the boundaries of the City's designated urban villages as defined by the
Comprehensive Plan; and
WHEREAS, substantial public dollars have been and will be invested in urban
villages for streetscape and pedestrian enhancements in order to spur private
development; and
WHEREAS, it is advisable to amend the existing gas drilling regulations to
ensure that key properties in urban villages remain developable as commercial and mixed
use projects in order to maximize the return on the taxpayer's investment while balancing
orderly growth and development with the rights of property owners to produce their
minerals;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FLIRT WORTH, TEXAS:
SECTION 1.
Section 15-31, "Definitions" of Division II is hereby amended to add a definition
for urban villages to read as follows:
Urban _Villa~e means a higl~l~urb,anized place designated by the City Council
that has a concentration of jobs, housing units~_, commercial uses,_~ublic spaces,
public transportation, pedestrian activity and a sense of place,...within a relatively
~.._.
compact ~eo~raphical area as identified and amended from time to time in the
Comprehensive Plan,
SECTION Z.
Section 15-31, "Definitions" of Division II is hereby amended to amend the
definition of Freshwater Fracture Pit to add a reference to ponds to read as follows
BB, Freshwater Fracture Pit/Pond means a pit used for the collection and
storage of Fresh water for the purpose of fracture stimulation of Gas wells.
SECTION 3.
Subsection "M'' of Section 15-34, "Gas Well Permit Required" of Division V
"Gas Well Permits" is hereby amended to add a new subsection "M" to require City
Council approval for a permit to be Issued for gas wells to be drilled in an urban village
to read as tc~llows:
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M. No Gas Well Permit shall be issued for any well to be drilled within a
designated Urban Village w_ ithout_the prior consent of the City Council ,unless the
site has, prior to November 10, 2009:
1. an existin a roved as well ermit•
2. an existing appr, o~ as well pad site permit; or
3. a_~s drilling and development site plan on property,ownedlleased or
controlled b the as o erator and a roved b the Plannin and
Development Director.
The existing subsection M. "Multiple Gas Well Pad Site Permit" shall be renumbered as
"N" and each subsequent subsections renumbered and revise accordingly.
SECTION 4.
Subsection 17, "Fresh Water Fracture Ponds" of Section 15-42, "Technical
Regulations" is hereby amended to add a requirement that all fracture ponds located in
Urban Villages shall be approved by the City Council to read as follows:
e. All freshwater fracture ponds located on a tract of land not
adjacent to a gas drilling pad site shall be located in "AG" Agricultural,
"I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial
zoning districts unless otherwise authorized by the Gas Inspector for the
purpose of reducing total number of fracture ponds. All freshwater
fracture ponds located in Urban Villa eg s sha11 req~uire.approval by the Cif
f'n~inr.il
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
North 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 6.
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
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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 7.
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.
SECTION 8.
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,
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SECTION 9.
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 5.013.
SECTION 14.
This ordinance shall take effect after adoption and publication as required by law.
APPRGVED AS TG FGRM AND LEGALITY:
Assista t City Attorney
Adopted: November 1 oz ~0~9
Effective:
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, November 10, 2009
LOG NAME: 06URBAN VILLAGE-R
REFERENCE NG.: G-16131~Revised}
SUBJECT:
Adopt Ordinance Amending Chapter 15, Article Il -Gas Drilling and Production to Require City Council
Approval for Gas Drilling or Construction of Freshwater Fracture Ponds in Urban Villages
REC4MMENDATIGN:
It is recommended that the City Council adopt the attached ordinance amending Chapter 15, Article ll -
Gas Drilling and Production to require City Council approval for the drilling of gas well's or construction of
a freshwater fracture ponds within a designated urban village.
DISCUSSION:
Chapter 15, Article II of the City Code, as amended in 2009, regulates gas drilling in Fort Worth.
Staff recommends that the ordinance be amended to require City Council approval of any gas wells or
freshwater fracture ponds within the boundaries of an urban village. Substantial taxpayer dollars have
been and will be invested in urban villages for infrastructure and streetscape and pedestrian
enhancements in order to spur private development. City Council review and approval of drill sites and
freshwater fracture ponds will ensure that key properties remain developable as commercial and mixed
use projects in order to maximize the return on the taxpayer's investment. This is consistent with the City
Council's efforts to balance the goal of promoting orderly growth and development with the rights of
property owners to produce their minerals.
Urban village boundaries are currently identified in the 2009 Comprehensive Plan and highlighted in the
attached exhibits. These boundaries may be amended from time to time in future updates of the
Comprehensive Plan as adopted by the City Council.
The proposed ordinance grandfathers sites within urban villages that currently have an approved gas well
permit or gas well pad site permit. In addition, any property in an urban village that is owned, leased or
controlled by a gas well operator and has received approval of a drilling and development plan by the
Planning and Development Director prior to the adoption of this ordinance will not be required to receive
City Council approval fordrilling permit applications.
FISCAL INFGRMATIGN ! CERTIFICATIGN:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname: QbURBAN VILLAGE-R Pale 1 of 2
FUND CENTERS:
TD FundlAccountlCenters
FROM FundlAccountlCenters
Submitted for City Manager's ~ffice_by: Fernando Costa X6122}
originating Department Head: Susan Aianis X8180}
Additional information Contact: Rick Trice X1959}
Logname: o6URBAN VILLAGE-R Page 2 of 2