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ORD 2003-12 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003-12 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AN OIL AND GAS WELL MANUAL ESTABLISHING REGULATIONS AND CRITERIA FOR THE OPERATION AND MAINTENANCE OF OIL AND GAS WELLS WITHIN THE TOWN OF TROPHY CLUB; PROVIDING FOR THE INCORPORATION OF A PREMISES; PRESCRIBING STANDARDS FOR OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; SETTING FORTH REQUIREMENTS APPLICABLE TO A GAS WELL DEVELOPMENT SITE PLAN; PROVIDING AN APPLICATION FOR OIL AND GAS WELL DEVELOPMENT SITE PLAN REVIEW; PROVIDING CRITERIA FOR AN OIL AND GAS WELL DEVELOPMENT SITE PLAN CHECKLIST; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF 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; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") has the authority and the power to adopt regulations relating to the control of the public health of its citizens, and WHEREAS, the Town Council hereby finds and declares that it is in the interest of the public health, safety and general welfare to establish regulations and criteria for the operation and maintenance of oil and gas wells within the corporate limits of the Town of Trophy Club (herein after referred to as the "Oil and Gas Well Manual"); and WHEREAS, the Town Council hereby finds that the drilling and production of oil and gas wells without proper regulations may affect the health, safety, and general welfare of the public and may cause imminent destruction of property or injury to persons; and WHEREAS, the Town Council further finds that the Standards for Oil and Gas Well Drilling and Production set forth in this ordinance are reasonable and necessary for the protection of the health, safety and welfare of the general public in accordance with the police powers of the Town; and WHEREAS, on August 4, 2003, the Town repealed Ordinance No. 2003-05 and adopted Ordinance No. 2003-10 P&Z amending Ordinance No. 2000-06 P&Z, the same Comprehensive ............. Zoning Ordinance, by adopting new provisions regulating the development of oil and gas wells 1of19 within the corporate limits of the Town of Trophy Club (herein after referred to as the "Drilling Ordinance"); and WHEREAS, the Town Council now deems it necessary and for the safe, orderly and healthful development of the Town to adopt an Oil and Gas Well Manual, in order to provide additional standards for oil and gas well drilling and production; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning & Zoning Commission, and the information and other materials received at public meetings, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PRENUSES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ADOPTION OF PROVISIONS That Oil & Gas Well Manual, entitled "Standards For Oil and Gas Well Drilling and Production Within the Corporate Limits of The Town of Trophy Club" and incorporated herein for all intents and purposes, has been established and is hereby adopted as the Oil and Gas Well Manual for the Town of Trophy Club. A. STANDARDS FOR OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB: 1. The drilling and production of an oil or gas well by right or by a Specific Use Permit required by this Ordinance shall include the following standards: a. Compliance With The Development Site Plan: Drilling or production of a well shall not begin until an Oil or Gas Well Development Site Plan is on file and is in compliance with the provisions outlined in this Ordinance and Town Ordinance 2003-_ P&Z, following approval by the Town Council upon recommendation from the Planning & Zoning Commission. (1) The Development Site Plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the Well Development Site Plan. 2of19 (2) The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. (3) A Road Repair Agreement shall be filed with the Community Development Department of the Town. b. On -Site Requirements { 1) A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective. (2) Temporary six-foot (6') chain link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. (3) Permanent cedar fences with masonry columns spaced not less than sixteen feet (16'), nor more than twenty-four feet (24') surrounding producing sites shall be a minimum of eight feet (8') in height or higher than the enclosed equipment and shall remain locked at all times when no one is present. For security purposes, all permanent fencing structures shall have a wrought iron gate to allow visibility into the well site. (4) No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas Compressor Facilities shall require a Specific Use Permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. (5) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four inch (4") lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the Railroad Commission in two inch (2") lettering. (6) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including 3of19 wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the Town. (7) All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the Town Building Code. (8) All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. (9) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the Town without an easement or right-of-way license from the Town, at a price to be agreed upon, and then only in strict compliance with this Ordinance, with other Ordinances of the Town, and with the specifications established by the Town. (10) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the Community Development Department, and then only in compliance with specifications established by the department. (11) No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the Town and/or streets or alleys shown by the Comprehensive Land Use Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the Community Development Manager, and then only temporarily. C. Operations And Equipment Practices And Standards (1) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. (2) No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity 4 of 19 of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300') feet. (3) The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not linuited to all applicable Field Rules. (4) Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300') exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. (5) There shall be no venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshall. In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. (6) Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public Right -of -Way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. (7) Well servicing operations shall be scheduled to occur between the hours of 7am-6pm, in accordance with Town Ordinances. (8) Air, gas, or pneumatic drilling shall not be permitted. (9) For vehicular safety reasons, it shall be the applicant's responsibility to immediately notify the Town of any substantial accumulations of dirt, dust, mud or other debris deposited on Town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If Town personnel or other third 5of19 parties are used for the removal, the cost of such removal shall be paid by the applicant. d. Storave Tanks And Separators (1) An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the Oil & Gas Development Site Plan approved by the Planning & Zoning Commission and the Town Council. (2) The use of centralized tank batteries is permitted as shown on the applicable Development Site Plan. (3) No meters, storage tanks, separation facilities, or other above ground facilities shall be placed in the one hundred (100) year floodplain. C. Flow Lines And Gathering Lines (1) Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. (2) Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission. If a gas field in the Town is identified as a H2S gas field the operator shall be required to cease operations. (3) All flow lines and gathering lines within the corporate limits of the Town (excluding Town utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall he limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. (4) Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of easements shall be shown in a map approved by the Planning & Zoning Commission and the Town Council prior to the installation of any pipelines. (S) Structures shall not be built over flow lines or gas gathering pipelines. (6) The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the Town of Trophy Club, the distance between such signs shall not exceed five 6of19 hundred feet (500'). In addition, during backfill of pipeline excavations, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of buried pipeline. f. Additional Safety And Environmental Requirements (1) The drilling anal production of oil and gas and accessing the oil or gas well site shall be in compliance with all State and Federal environmental regulations and shall not occur within Environmentally Sensitive Areas designated by the Corps of Engineers. (2) Oil and Gas wells may have a target location or bottom -hole location that is under an Environmentally Sensitive Area when the oil or gas well is drilled directionally from a location outside the Environmentally Sensitive Area. (3) Each producing well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. (4) Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. (5) Storage tank facilities shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (11/z) times the contents of the largest tank in accordance with the Fire Code, and the impervious liner shall be covered with at least one foot (1') of sand. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. (6) Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5" National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code. (7) An approved Hazardous Materials Management Plan shall be on file with the Fire Department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. 7 of 19 (S) All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be crit and removed to a depth of at least ten feet (10') below the surface. (9) No structures shall be built over an abandoned well. (10) No salt -water disposal wells shall be located within the Town of Trophy Club. (11) An impervious lining of all pits shall be required. (12) Following completion of drilling operations or when a drill site is abandoned the operator shall restore the site within sixty (60) days as near as practical to its pre -drilling condition. g. Supplemental Drilling (1) Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the Planning & Zoning Coordinator a copy of additional Railroad Commission permits that allow drilling to a deeper depth. (2) Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved Oil and Gas Well Permit for the well on file with the Town. h. Drilling and production of oil and gas wells shall comply with all local, State and Federal laws applicable to oil and gas well drilling, production and operations. B. REQUIREMENTS SPECIFIC TO AN OIL OR GAS WELL DEVELOPMENT SITE PLAN 1. Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the Town of Trophy Club shall prepare an Oil or Gas Well Development Site Plan. In addition to the requirements outlined in the Oil and Gas Well Development Site Plan Checklist, the following shall apply: a. All proposed oil or gas developments shall be in compliance with the Specific Use Permit applicable to the oil or gas well location; 8of19 b. Erosion control is required and shall comply with all local, State and Federal requirements. The operator shall file a copy of the Storm Water Pollution Plan if required by the EPA; C. Reserve pits shall be lined to prevent water pollution; d. With the exception of vehicular access, no development is allowed in a floodplain; C. Prior to approval of an Oil or Gas Well Development Site Plan, a Road Repair Agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved Oil or Gas Well Permit must be executed with the Town of Trophy Club. The Town Manager shall have the authority to execute the Road Repair Agreement upon approval by the Town Council; and f. A video documenting the existing conditions will be required prior to approval of the Road Repair Agreement. g. An Oil & Gas Well Development Site Plan shall: (1) Identify truck routes and access points; and (2) Identify Environmentally Sensitive Areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings. (a) All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10 -year storm frequency. (b) All floodplain crossings shall have no negative affects on surrounding property. (c) A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. (3) Identify and indicate the proposed method of erosion control. h. The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. 9 of 19 Town of Trophy Texas APPLICATION FOR OIL AND GAS WELL DEVELOPMENT SITE PLAN REVIEW DATE: NAME OF PROPOSED DEVELOPMENT: Application must be submitted with a total of 7 copies of the Site Plan. Drawings by engineering firms are preferred. Legal Description of property must be provided on an e1/z" x 11" sheet — two (2) typed copies on plain bond paper— no letterhead. GENERAL INFORMATION.- Total NFORMATION:Total acreage: Current Zoning: SURFACE OWNER(S).- NAME: WNER(S):NAME: PHONE #: ADDRESS: NAME: PHONE #: (please print) ADDRESS: SIGNATURE: PROPERTY OWNER(S): NAME: PHONE #: (Please print) ` ADDRESS: SIGNATURE: NAME: PHONE #: (pfease print) ADDRESS: SIGNATURE: DEVELOPER NAME: PHONE. #: (please pont) ADDRESS: SIGNATURE,- 10 IGNATURE: 10 of 19 ENGINEER NAME: PHONE #: ADDRESS: SIGNATURE: SURVEYOR NAME: PHONE #: (please pant) ADDRESS: SIGNATURE: Description of all processes and activities involved with the proposed use: 11 of 19 Town of Tr. oQhY Club, Texas Oil and Gas Well Development Specific Use Site Plan Checklist PROJECT NAME: CASE NO: DATE: REVIEWED BY: The Town of Trophy Club requires a Site Plan for review and approval of an Oil and Gas Well Specific Use permit. The following information must be submitted to the Planning & Zoning Commission in order for a request to be processed. This summary is provided for the benefit of the applicant. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the Comprehensive Zoning Ordinance, Subdivision Regulations and other development related ordinances of the Town of Trophy Club. ❑ Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and during fracture or re-fracture treatment processes. ❑ Indicate location of all proposed underground pipelines. As built drawings shall be fled with the Town. All proposed pipelines in pipeline easements shall require pipeline easement dedication. ❑ Identify if pipelines connect with gas distribution system, and if so, designate proposed location. General Requirements 1. Drawn to scale; 1" = 50' or 1" = 100" (smaller or larger scales may be accepted only if approved by the Planning & Zoning Coordinator). Shown: ❑ Not Applicable: ❑ Incomplete: 2. Drawn on a sheet size of 18"x24" or 24"x36" (smaller or larger sheet sizes may be accepted only if approved by the Planning & Zoning Coordinator). Legend of instruments required. Shown: ❑ Not Applicable: ❑ Incomplete: 3. The date, written and graphic scale, North arrow, proposed name of well site, and a key map indicating the location of the development in relation to existing streets and highways. Shown: ❑ Not Applicable: ❑ Incomplete: Page 12 of 19 4. Title Block containing: 1.) Proposed name of the subdivision or lot on record, 2.) Acres in platted and/or un -platted land and total of those acres, 3.) Survey and jurisdiction (i.e. Town of Trophy Club, Denton County, Texas). Shown: ❑ Not Applicable: ❑ Incomplete: 5. Date of the application, preparation and revision date(s). Shown: ❑ Not Applicable: ❑ Incomplete: 6. Name and address of the property owner(s), planners, registered engineer and surveyor. Shown: ❑ Not Applicable: ❑ Incomplete: 7. Name and address of property owners of contiguous undeveloped land. Shown: ❑ Not Applicable: ❑ Incomplete: S. Any Town limes traversing or on the boundary of the proposed site. Shown: ❑ Not Applicable: ❑ Incomplete: 9. Compliance with all requirements set forth in applicable Fire Codes. Shown: ❑ Not Applicable: ❑ Incomplete: 10. Compliance with all Railroad Commission and other applicable state agency requirements. Shown: ❑ Not Applicable: ❑ Incomplete: Boundaries, Acreage, Zoning & Uses 11. Indicate the proposed site boundary lines shown in contiguous dark lines of sufficient width to be easily identified. Shown: ❑ Not Applicable: ❑ Incomplete: 12. Total acreage within the proposed site, identification of each existing and proposed type of land use, and the acreage of each use. Shown: ❑ Not Applicable: ❑ Incomplete: 13. All existing or proposed lots and blocks identified by letter or number within the proposed site and the names and lot patterns of contiguous developments, indicated by dotted or dashed lines. Shown: ❑ Not Applicable: ❑ Incomplete: 13 of 19 14. Location and identification of all existing buildings, parking lots, driveways and other significant structures within 500' of the SUP boundaries. Shown: ❑ Not Applicable: ❑ Incomplete: 15. Existing and proposed zoning of the proposed site and the zoning of adjacent land. Shown: ❑ Not Applicable: ❑ Incomplete: 16. Indicate area details: Corps properties, schools, location and size of all greenbelts and open spaces and parks Shown: ❑ Not Applicable: ❑ Incomplete: 17. Location, height and type of all walls, fences and/or screening. Shown: ❑ Not Applicable: ❑ Incomplete: 18. Proposed and existing landscaping and screening buffers. Shown: ❑ Not Applicable: ❑ Incomplete: Utilities 19. Identify and show the identification, location and size of all existing public facilities, including water and sanitary sewer lines and the associated easements that are located within or on the boundaries of the proposed site. Shown: ❑ Not Applicable: ❑ Incomplete: 20. Identify the location and size of all existing water and sanitary sewer lines and the associated elements that are proposed to serve the site, showing the location, size and distance of any existing lines to which connections are proposed. Shown: ❑ Not Applicable: ❑ Incomplete: 21. Detailed information on the means by which any alternative water or sanitary sewer service is to be provided. Shown: ❑ Not Applicable: ❑ Incomplete: 22. The location and routing of all existing or proposed lines, easements and facilities for providing electrical services for the proposed site. Shown: ❑ Not Applicable: ❑ Incomplete: 14 of 19 Streets. -Sidewalks & Driveways 23. Identification, location and size of all existing streets and Rights -of -Way located within the proposed site or adjacent developments. Shown: ❑ Not Applicable: ❑ Incomplete: 24. Indicate the location and dimension of all curb cuts, public and private streets, parking & loading areas and outside storage facilities. Shown: ❑ Not Applicable: ❑ Incomplete: 25. Location and width of any existing or proposed driveways that access or are proposed to access any existing or proposed arterial street located within or on the boundary of the proposed site. Shown: ❑ Not Applicable: ❑ Incomvlete: Drainage 26. Topographical information based on 2 -foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5 -foot vertical intervals may be used. Shown: ❑ Not Applicable: ❑ Incomplete: 27. The identification, location and approximate dimensions of all existing and proposed water courses, ponds, detention ponds, ditches, channels, floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natural or man-made drainage facilities or features located within or outside the boundaries of the development that do or will affect or impact storm water drainage on or across the site. Shown: ❑ Not Applicable: ❑ Incomplete: 28. Identify and show proposed method of erosion control if applicable (may be accomplished in notes). Shown: ❑ Not Applicable: ❑ Incomplete: 29. Minimal drainage requirements: 1.) Label and indicate any FEMA 100 -year floodplain and floodway on the plan. Label and indicate centerline of any stream, creek, swale, etc., 2.) Proposed top of drilling pad site elevation, 3.) Show location, size length and type of existing and proposed driveway culverts. All culverts shall be RCP or aluminized Type II pipe, and 4.)Provide drainage area map and supporting calculation per drainage criteria manual for all drainage areas contributing to the proposed driveway culverts and flood plain crossings. Shown: ❑ Not Applicable: ❑ Incomplete: 15 of 19 Wells 30. Identify the location of proposed lease lines and well locations, including: 1.) Label the distance between wells and property lines, 2.) Label the distance between wellheads and structures within 500' of wellheads, and 3.) Label the distance between temporary holding ponds and floodplains. Shown: ❑ Not Applicable: ❑ Incomplete: 31. Diagram of the SUP gathering system center (pipeline to distribution system, flow back system separator tankage, compressors [if needed], etc.). Shown: ❑ Not Applicable: ❑ Incomplete: 32. Diagram indicating the proposed gathering system, including: 1.) Location of easements with width dimensions, 2.) Details of the production pipeline (line diameter, PSI rating, burial depth, signage, etc.), and 3.) Details of flow back piping (line diameter, PSI rating, burial depth, signage, etc.). Shown: ❑ Not Applicable: ❑ Incomplete: 33. Proposed location and dimensions of reserve pits Shown: ❑ Not Applicable: ❑ Incomplete: 34. Proposed placement of fracture equipment during original completion process and subsequent re-fracs. Shown: ❑ Not Applicable: ❑ Incomplete: 35. Outline of proposed producing bottom -hole location(s). Shown: ❑ Not Applicable: ❑ Incomolete: tract(s), indicating location of well head(s) and Miscellaneous 36. Specify whether the operator will remove or cap the pipeline upon completion or abandonment of the well. Shown: ❑ Not Applicable: ❑ Incomplete: 37. Such additional terms and conditions as the Planning & Zoning Commission and the Town Council deem necessary. Shown: ❑ Not Applicable: ❑ Incomplete: 16 of 19 REVIEWED BY: DATE: ADDITIONAL COMMENTS: 17 of 19 SECTION 3. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting standards for oil and gas well drilling which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in foil force and effect. SECTION G. SEVERABILITY Lf any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 18 of 19 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy CIub is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION S. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. }}} PASSED AND APPROVED by the Town C nci�Tow Trophy: Club, Texas, this 4" day of August, 2003. / � � /'���� f Effective Date: August 13, 2003 ATTEST: Town Secretary Town of Trophy Club, M Wu M81011 "ba felEwrejakni Town Attorney Town of Trophy Club, Texas 19 of 19 of T ophy 9,6b, Texas C U