2012-024
%(+$1$%$1$-"$%.1,
2012024
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords
Act
Other
%(+$2#§º«(´¯º¯§²¹
AmendedbyOrdinanceNo.201212606/05/12JR
AmendedbyOrdinanceNo.201223109/11/12JR
AmendedbyOrdinanceNo.201236812/18/12JR
s:Vegal\our documentslordinances112�cnoratorium oil gas well permits-final version.doc
ORDINANCE NO. 2012-024
AN ORDINANCE DECLARING A 120-DAY MORATORIUM ON THE ACCEPTANCE OR
PROCESSING OF CERTAIN APPLICATIONS FOR PERMITS TO AUTHORIZE OIL AND GAS
EXPLORATION AND PRODUCTION ACTIVITIES AND OTHER MINERAL EXPLORATION
AND PRODUCTION ACTIVITIES (COLLECTNELY, "MINERAL ACTIVITIES") WITHIN TI�
CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS; DIRECTING THE CITY STAFF
TO COMPLETE A COMPREHENSIVE REVIEW OF THE CITY' S ORDINANCE GOVERNING
THE MINERAL ACTIVITIES AND PROCEDURES RELATED THERETO AND TO PROPOSE
REVISIONS THERETO; PROVIDING FOR A METHOD OF REPEAL OF THIS
MORATORIUM; PROVIDING A PROCEDURE FOR A VARIANCE FROM THIS
MORATORIUM; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVER.ABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is a home rule municipality located in Denton
County; and
WHEREAS, the City Council of the City of Denton is aware of an increased interest in oil
and gas exploration and production in the North Central Texas area; and
WHEREAS, the City Council has received from the public various environmental and land
use compatibility concerns regarding the inadequacy of the City's ordinances and regulations now
applicable to the Mineral Activities, including, but not limited to, health , water quality, air quality,
noise, lighting and nuisances; and
WHEREAS, the City Council has conducted such investigations as it deemed necessary to
determine the state of regulations now applicable to the Mineral Activities under the current
ordinances and regulations of the City of Denton; and
WHEREAS, the City Council, after due and careful consideration, finds that there are
significant and compelling environtnental and land use compatibility concerns associated with the
Mineral Activities that the current regulations may not be adequate to address; and
WHEREAS, the City Council believes that it is reasonable and necessary to update municipal
ordinances and regulations to provide for a fair and equitable system of regulations relating to the
Mineral 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, it is important and necessary to preserve the status quo while a review and
update of these regulations are being developed and implemented to ensure compatible land uses that
do not negatively impact property values or neighborhood character; and
WHEREAS, the status quo is preserved as to new and currently filed applications for specific
use permits, site plans, development plans or plats of any nature that relate to Mineral Activities, as
c:\documents and settings\cadick\local settingsltemporary internet files\content.outlook1t2y3tris�noratorium oil gas well permits-final version.doc
well as to new applications for oil and gas well permits that would authorize Mineral Activities,
since the conditions under which they may be reviewed and approved and under which their
operations may be conducted are being studied; and
WHEREAS, the staff of the City of Denton, working with a Gas Well Drilling Task Force,
has undertaken those studies or analyses necessary to prepare the appropriate recommendations for
Council action; and
WHEREAS, the City staff and the Gas Well Drilling Task Force are also reviewing and
considering the studies and report of the Denton Stakeholder Drilling Advisory Group; and
WHEREAS, the City Council of the City of Denton recognizes that there may be individuals
or businesses who may suffer an undue hardship created by the moratorium and may have a
legitimate reason to seek a variance from the requirements of this moratorium based upon the unique
needs of their project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. A moratorium is hereby imposed on the receipt, processing and approval of
applications for oil and gas well permits that would authorize Mineral Activities within the corporate
limits of the City of Denton, and any applications for specific use permits, site plans, development
plans and plats of any nature or type, pursuant to the Denton Development Code as they relate to
Mineral Activities, or any part thereof, in the City of Denton. Excepted from this moratorium are
applications for oil and gas well permits that would authorize Mineral Activities if such permits are
filed pursuant to specific use permits, site plans, development plans or plats of any nature or type that
were approved by the City prior to the effective date of this rnoratorium, and 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. The
moratorium sha11 be in place for one hundred twenty (120) days following the adoption of this
Ordinance and may thereafter be extended by the City Council for good cause shown.
SECTION 2. The moratorium established herein shall apply to applications now in process
for all oil and gas wells and developments that do not have a specific use permit, site plan,
development plan or other plat approval, under the terms of the City's existing ordinances related to
the Mineral Activities. Applications for oil and gas well permits for Mineral Activities filed before
the effective date of this moratorium are not affected by the moratorium and shall be processed
pursuant to the Denton Development Code.
SECTION 3. The City staff are hereby directed to complete those studies and analyses
necessary to determine what, if any, regulatory changes to the ordinances of the City of Denton are
reasonable and necessary to permit the Mineral Activities without disproportionately impacting the
interest of surface estate owners and citizens within the City. The City staff are directed to review a11
appropriate environmental, planning materials and development regulations to suggest changes, if
appropriate, that would protect the interest of both mineral estate owners and surface estate owners
while ensuring the highest degree of concern for the preservation of the public health, safety, morals
Page 2
c:ldocuments and settings\cadick\local settings\temporary internet fileslcontent.outlook\t2y3trislmoratorium oil gas well permits-fnal version.doc
and general welfare. The City staff shall complete their work and make their recommendations to
the City Council within one hundred twenty (120) days following the adoption of this Ordinance; or
if they should determine that this time period is not feasible, report back to the City Council with a
proposed calendar in which they will complete their work. The City staff shall solicit such input as
they deem necessary and appropriate from all affected and interested parties in preparing their
recommendations.
SECTION 4. The purpose of this moratorium is to maintain the status quo within the
corporate limits of the City.
SECTION 5. Any properly owner who believes that the imposition of this moratorium
causes a unique and undue hardship upon his or her property or business shall have the right to
request a variance and shall submit a written request to the City Council by transmitting same to the
City Secretary's office. The request must provide the following information:
a. A description of the property proposed to be covered by the variance.
b. An explanation as to why the application of the moratorium to applicant's property
will create an undue hardship.
c. A description of any negative impacts created by the moratorium provision.
The City Secretary's office shall place the request for a variance on the agenda of the City
Council for consideration at a public meeting. The applicant shall receive written notice of the date
of the proposed hearing on the variance request. At least two weeks before the hearing, the City
Secretary's office shall publish notice advising the general public of the time and place of the hearing
on City's Internet website and on "EngageDenton.com." The City staff shall not be required to
provide written notice of the variance request to any other individual or entity, except as may be
required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. On the date
that the item is set for hearing, the City Council shall conduct a public hearing on the variance
request giving any individual who desires to present information or evidence to the City Council on
the appropriateness or inappropriateness of the variance the opportunity to appear before the City
Council and present such information. At the conclusion of the hearing, the City Council, by
majority vote, may approve a variance to the provisions of this moratorium ordinance or may deny
the request for variance.
SECTION 6. 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 7. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance axe 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
Page 3
c:ldocuments and settings\cadickllocal settingsltemporary intemet %leslcontent.outlook1t2y3trislmoratorium oil gas well permits-final version.doc
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. This moratorium shall remain in full force and effect upon its passage and for a
period not to exceed 120 days, unless terminated prior to that time by action of the City Council.
��� ,}� ,�/
PASSED AND APPROVED this the '7 = day of `�t���� , 2012.
M A. B U S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .
APP VED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� �
BY: � ,,
Page 4