Loading...
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