HomeMy WebLinkAboutORD 2010-007 ORDINANCE NO. 2010-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF
ORDINANCES CHAPTER 12 HEALTH AND SANITATION,
ARTICLE VII, OIL AND GAS WELL DRILLING, REPEALING
CONFLICTING ORDINANCES PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine, Texas, deems it necessary
for the purpose of promoting the health, safety, morals, or general welfare of the City to
amend the Code of Ordinances to add additional regulations regarding oil and gas well
drilling and production regulations; and
WHEREAS, all legal prerequisites and requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meeting Act; and
WHEREAS, the City of Grapevine City Council, deems the passage of this
ordinance is in the best interest of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article VII, Oil and Gas
Well Drilling, Section 12-144, Site Plan Requirements is hereby amended by the
addition of the following sentence to the first paragraph:
"The applicant requesting gas well drilling and production approval shall submit
the required number of copies of the site plan drawing as determined by the
Administrative Official and which complies with this section. The site plan shall
be required as part of and in addition to the special use permit submittal
documents required by Section 49, Special Uses, of the Grapevine
Comprehensive Zoning Ordinance."
Section 3. That Chapter 12, Health and Sanitation, Article VII, Section 12-145.
Oil and Gas Well Drilling and Production Standards, (a) on-site requirements is hereby
amended by amending Subsection 6, adding a new subsection 7 and renumbering the
remaining subsections as 8-13:
"6. Screening: All well heads, storage tanks, separation facilities or other
mechanical equipment shall be screened with an eight (8) foot high
masonry screening fence. Such screening shall be installed within sixty
(60) days of completion of drilling the first well on the site. Where
subsequent well drilling is initiated within sixty (60) days of completion of
drilling the first well, the screening may be delayed a maximum of sixty
(60) days from the completion of the subsequent well. Such delays may
be permitted for continuous drilling of additional wells, provided that all
drilling of wells be initiated within sixty (60) days of completion of drilling of
the previous well."
7. Landscaping: Screening shrubs shall be installed completely around the
well site except at gates, and all fences and be sufficient to screen from
view the structures sought to be screened. Screening shrubs shall be a
minimum of three (3) feet in height at planting, have the potential to grow
to a mature height of a minimum of eight (8) feet and must have an
installed irrigation system that provides total water coverage to all plant
materials. The vegetation or berms shall be kept in an attractive state and
in good condition at all times by the applicant or operator. All Landscape
and irrigation plans shall be submitted in accordance with Section 53 of
the Grapevine Comprehensive Zoning Ordinance. Such landscaping shall
be installed within sixty (60) days of completion of drilling the first well on
the site. Where subsequent well drilling is initiated within sixty (60) days of
completion of drilling the first well, the screening may be delayed a
maximum of sixty (60) days from the completion of the subsequent well.
Such delays may be permitted for continuous drilling of additional wells,
provided that all drilling of wells be initiated within sixty (60) days of
completion of drilling of the previous well."
Section 4. That Chapter 12, Health and Sanitation, Article VII, Oil and Gas
Well Drilling and Production Standards, Section 12-145(b)(13) is hereby deleted in its
entirety.
Section 5. That Chapter 12, Health and Sanitation, Article VII, Section 12-145.
Oil and Gas Well Drilling and Production Standards, (c) Environmental safety standards
is hereby amended by amending subsection (C)(22) to read as follows and the addition
of a new subsection (e) to read as follows:
"(22.) Drilling Mud Pits, and Fracturing Fluid Pits shall adhere to the following
requirements:
e. Fracturing fluid pit shall be backfilled and provided with suitable
groundcover or turf within sixty (60) days of completion of fracturing
the first well. Where subsequent well drilling is initiated within sixty
(60) days of completion of drilling the first well, the removal of the
ORD. NO. 2010-07 2
fracture fluid pond may be delayed for continuous drilling of
additional wells, provided that all drilling of wells be initiated within
sixty (60) day of completion of drilling of the previous well."
Section 6. That Chapter 12, Health and Sanitation, Article VII, Section 12-150.
Notice of Activities is hereby amended by the addition of new subsections a-c and
renumbering the remainder as d-h:
"Sec. 12-150. Notice of activities.
(a) Any person who intends to drill a gas or oil well shall provide written
notice to the Director of Development Services, Director of Public
Works, and the Fire Marshal at least ten (10) days before the
drilling begins. Such notice shall be required for each well on the
site.
(b) Any person who intends to proceed with fracture stimulation of a
well shall provide written notice to the Director of Development
Services, Director of Public Works, and the Fire Marshal at least
ten (10) days before the fracting begins. Such notice shall be
required for each well on the site.
(c) Written notice shall be provided to the Director of Development
Services, Director of Public Works, and the Fire Marshal when any
drilling or fracture stimulation activity is complete, or at any time
such activity has ceased for a period of thirty (30) days. Such
notice shall be required for each well on the site."
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed two thousand dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which a violation occurs or
continues.
Section 8. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 9. If any section, subsection, sentence, clause or phase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 10. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health,
ORD. NO. 2010-07 3
safety and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 16th day of March, 2010.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff 1$46.6e.
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr. '
City Attorney
ORD. NO. 2010-07 4