HomeMy WebLinkAbout2014-276s:\legal\our documents\ordinances\14\moratorium ordinance amendment for 9-9-14 (clean-2).docx
ORDINANCE 6
AN ORDINANCE AMENDING ORDINANCE NO. 2014-137, AS AMENDED BY
ORDINANCE NO. 2014-192, TO EXTEND FOR AN ADDITIONAL 45 DAYS, OR SUCH
OTHER REASONABLE DATE, THE MORATORIUM ON THE ACCEPTANCE,
PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS FOR GAS WELL
PERMITS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND
ON APPLICATIONS FOR SPECIFIC USE PERMITS, SITE PLANS, DEVELOPMENT
PLANS , ANY NATURE OR TYPE, INCLUDING APPLICATIONS • . AMENDMENTS
TO APPROVED OR PENDING GAS WELL DEVELOPMENT PLATS, AND ON
APPLICATIONS FOR FIRE CODE OPERATIONAL PERMITS, AS THEY RELATE TO
GAS WELL DRILLING AND PRODUCTION ACTIVITIES, SUBJECT TO CERTAIN
EXEMPTIONS; CLARIFYING THE EXEMPTIONS TO THE MORATORIUM; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN DATE.
WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance No. 2014-
13E (the "Moratorium Ordinance") on May 6, 2014, the terms of which are incorporated by
reference, which Moratorium Ordinance imposed until midnight of September 9, 2014, unless
earlier terminated by the City Council, a moratorium on the receipt, processing and approval of
certain applications seeking authorization for gas well drilling and production activities, as
prescribed therein, within the corporate limits of the City of Denton, Texas; and
WHEREAS, the City Council amended the Moratorium Ordinance on June 17, 2014 by
adopting Ordinance No. 2014-192, to clarify certain exemptions contained in the Moratorium
Ordinance, specifically by revising existing exemptions and by adding additional exemptions;
and
WHEREAS, the Moratorium Ordinance was adopted to address significant and
compelling environmental and land use compatibility concerns associated with gas well drilling
activities occurring in close proximity to residential and other protected uses that have resulted in
negative and deleterious effects on Denton citizens; and
WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its
municipal ordinances and regulations to provide for a fair and equitable system of regulations
relating to gas well drilling and production activities so as to protect the property interests of
mineral estate owners while protecting the rights, opportunities and property interests of surface
estate owners and citizens of the City of Denton, Texas; and
WHEREAS, the City anticipates that a draft of an ordinance enacting additional
regulations relating to gas well drilling and production activities and the procedures related
thereto will be forthcoming in the immediate future, however additional time beyond September
9, 2014 is necessary to complete a draft of an ordinance and to present it before the Planning and
Zoning Commission and the City Council; and
sAlegal\our documents\ordinances\14\moratorium ordinance amendment for 9-9-14 (clean-2).docx
WHEREAS, in addition to extending the Moratorium Ordinance, the exemptions listed in
Section 3 of the Moratorium Ordinance need clarification to address ambiguities concerning the
text of certain exemptions; and
WHEREAS, the Planning & Zoning Commission held a public hearing on August 27,
2014, and upon conclusion of said hearing, the Planning & Zoning Commission recommended
that the Moratorium Ordinance be extended beyond September 9, 2014 and that the Moratorium
Ordinance's exemptions be further clarified by amendment; and
WHEREAS, the City Council held a public hearing on September 9, 2014, and upon
conclusion of said hearing, the City Council finds and has determined that additional time is
required to allow for public review of the draft regulations before the Planning and Zoning
Commission and the City Council; and
WHEREAS, the City Council further finds that it is in the best interest of the City and the
public to extend the moratorium to a date certain in order to allow for the completion of
regulatory changes to the City's ordinances governing gas well drilling and production activities
and the procedures related thereto; and
WHEREAS, the City Council additionally finds and has determined that it is in the best
interests of the City to clarify the exemption provisions and to resolve any ambiguities presented
in the Moratorium Ordinance regarding such exemptions by amending same; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals are hereby found to be true and correct factual and
legislative determinations of the City of Denton, Texas and are hereby approved and
incorporated by reference as though fully set forth herein.
SECTION 2. Section 3 of Ordinance No. 2014-192, which ordinance amended
Ordinance No. 2014-137, is hereby amended to read in its entirety as follows:
SECTION 3. The following applications are exempt from the moratorium:
a. Applications for Fire Code operational permits relating to gas well drilling
and production activities, which are subject to and consistent with an
approved gas well permit issued pursuant to DDC Subchapter 22, as amended
by Ordinance Nos. 2013-014 and 2013-304;
b. Applications for gas well permits, which are subject to and consistent with a
gas well development site plan approved pursuant to DDC Subchapter 22, as
amended by Ordinance Nos. 2013-014 and 2013-304; and
c. Applications that are in sequence with the applications described in
subsections (a) or (b);
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d. Applications for Fire Code operational permits as they relate to annual
inspections, or the burning of gases via open flame, of those gas wells
currently in production;
e. Applications to vacate all, or a portion of, land areas within gas well
development plats approved pursuant to the gas well drilling and production
regulations in effect prior to the adoption of Ordinance Nos. 2010-181 and
2010-196; or
f. Applications for permits relating to the drilling of wells, which do not require
hydraulic fracturing, in conjunction with the injection or storage of natural gas
as personal property beneath the surface of the earth.
SECTION 3. The moratorium established by Ordinance No. 2014-137, as amended by
2014-192, is hereby further extended until midnight of January 20, 2015 under the terms as
herein amended, unless earlier terminated by ordinance of the City Council implementing
amendments to the City's ordinances governing gas well drilling and production activities and
the procedures related thereto.
SECTION 4. This Ordinance shall be cumulative of all provisions of the ordinances of
the City of Denton, Texas, as amended, except where the provisions of this Ordinance are in
direct conflict with the provisions of such ordinances, in which event the terms of this
Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or
provisions thereof.
SECTION 5. 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 6. This Ordinance shall take effect upon its passage and shall remain in effect
until midnight January 20, 2015, unless earlier terminated by ordinance of City Council:
PASS 'D AND APPROVED this d11y of f ��' ''f � a �`?��'� �,., 2014,; t
d"
CHRISI �ATTS, MAYOR
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s:\Iegal\our documents\ordinances\14\moratorium ordinance amendment for 9-9-14 (clean-2).docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPI VED As/,r7() LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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