ORD 2010-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010·10 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED "ZONING", ARTICLE V, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS", SECTION 5.12
ENTITLED "OIL AND GAS WELL DRILLING AND PRODUCTION",
SUBSECTION B. "DEFINITIONS" AND C. "OIL AND GAS WELL
DRILLING AND PRODUCTION BY SPECIFIC USE PERMIT (SUP)"
RELATIVE TO THE ALLOWABLE D'ISTANCE FROM A WELLHEAD TO
A HABITABLE STRUCTURE; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING DEFINITIONS; PROVIDING A DISTANCE
FROM WELLHEAD TO HABITABLE STRUCTURE; 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
power to adopt regulations governing the use of land in the interest of the public health,
safety and welfare of its citizens and providing for the orderly development of land within
the Town; and
WHEREAS, safety, aesthetic, land use and other concerns create the need to
enact provisions regulating the operation and impact of oil and gas wells; and
WHEREAS, the Planning & Zoning Commission and the Town Council now
deems it necessary for the safe, orderly and healthful development of the Town, and in
the best interest of the Town of Trophy Club, Texas, to amend Section 5.12 "Oil and
Gas Well Drilling & Production of Article V-Supplementary District Regulations of
Chapter13-Zoning; and
WHEREAS, the amendments have been reviewed by the Town's Planning &
Zoning Commission, and after holding the required public hearing, the Planning &
Zoning Commission recommends approval of such amendments; and
WHEREAS, all legal notices, required public hearings and other conditions
required by law having been complied with, the proposed Drilling Ordinance was
considered by the Planning & Zoning Commission and the Town Council;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Ordinance 20 I 0-10
(File ID 20 10-216)
I
SECTION 1.
INCORPORATION' OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
FINDINGS
After due deliberations and consideration of the recommendation of the Planning
& Zoning Commission and the information and other material1s received at the public
hearings , 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
welfare and is consistent with the Town's Comprehensive Land Use Plan.
SECTION 3.
AMENDMENT
Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12
Oil and Gas Well Drilling & Production, Section Band C are hereby amended in the
following particulars, and all other articles, chapters, sections, paragraphs, sentences,
phrases and words are not amended but are hereby ratified and affirmed :
Section 5.12 Oil and Gas Well Drilling & Production
B. Definitions
All technical industry words or phrases related to the drilling and production of oil and gas wells not
specifically defined shall have the meanings customarily attributable thereto by prudent operators in
the oil and gas industry . For the purposes of this Ordinance, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
Abandonment: "Abandonment" as defined by the Railroad Commission and includes the plugging of
the well and restoration of the drill site as required by this Ordinance.
Applicant/Permittee: A person to whom a permit or certificate for the drilling , operation and
production of a well, or the installation or operation of a pipeline , is issued under this Ordinance ,
including , but not limited to , his or her heirs , legal representatives, successors or assigns .
Drill Site: The area used for drilling , completing , or re-working a well.
Drilling: Any digging or boring of a new well to develop or produce oil or gas or to inject gas , water,
or any other fluid or substance into the earth . Drilling means and includes the re -entry of an
abandoned well. Drilling does not mean or include the re-entry of a well that has not been
abandoned .
Ordinance 2 0 I 0-1 0
(F ile ID 2 010-2 16)
Exploration: Geologic or geophysical activities, including, but not limited to surveying and seismic
exploration, related to the search for oil, gas, or other sub-surface hydrocarbons.
Fire Code: The Fire Code adopted by the Town of Trophy Club, as amended.
Gas: Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad
Commission.
Gas Well: Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code or the Railroad Commission.
Gas Well Permit: A Gas Well Permit applied for and issued or denied under this Ordinance
authorizing the drilling, production, and operation of one or more gas wells.
Gathering Station: Specific Use site where the gathering lines for all the wells converge.
Habitable Structure: Structures suitable for human habitation or occupation. A habitable
structure shall not include accessory buildings, garages and sheds . Any structure for which a
certificate of occupancy is required shall be deemed to be a habitable structure.
Hazardous Materials Management Plan: The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
New Well: A new well bore or new hole established at the ground surface and shall not include the
re-working of an existing well that has not been abandoned unless the rework intends to drill to a
deeper total depth, which shall require a new well permit.
Oil: Oil, as such terms are used in the rules, regulations, or forms of the Railroad Commission.
Oil & Gas Well Manual: Adopted by Town Council of the Town of Trophy Club, Texas.
Oil Well: Any well drilled for the production of oil or classified as an oil well under the Texas Natural
Resources Code or the Railroad Commission
Oil Well Permit: An Oil Well Permit applied for and issued or denied under this Ordinance
authorizing the drilling, production, and operation of one or more oil wells.
Operation Site: The area used for development and production and all related operational activities
of oil and gas after drilling activities are complete.
Operator: For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an
oil or gas well.
Person: Includes both the singular and plural and means an individual person, corporation,
association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or
representative of any kind
Petroleum Specialist: A person familiar with and educated in the oil and gas industry who has been
retained by the Town.
Ordinance 2010-J 0
(File ID 2010-216)
Pipeline Easement Map: A map indicating all gathering line easements. The easements must be
located separately from the utility easements .
Railroad Commission: The Railroad Commission of Texas .
Structure: Any building intended for shelter, occupancy , housing or enclosure for persons , animals ,
cattle or storage.
Town: The Town of Trophy Club , Texas.
Town Designee: Qualified oil and gas consultant as determined by the Town Manager.
Town Staff: Employees and independent contractors performing services for the Town of Trophy
Club , including but not limited to the Fire Marshall.
Well: A hole or bore to any horizon , formation , or strata for the purpose of producing oil , gas , or
other liquid hydrocarbons.
Wellhead: A fitt ing (usually forged or cast steel) on the top of a well .
C Oil and Gas Well Drilling and Production "By Specific Use Permit (SUP)"
1. The drilling and production of oil and gas within the corporate limits of the Town shall be
permitted by Specific Use Permit provided that the property line of any residential structure or
public building , institution or school is a minimum of one-thousand feet (1 ,000 ') from the
wellhead and provided that the drilling and production of oil or gas meets the following
requirements :
a . All applicable standards set forth In this Ordinance and the Oil & Gas Well Manual ,
Standards for Oil and Gas Well Drilling and Production ;
b. An approved Oil and Gas Well Development Site Plan and a Road Repair Agreement
are on file with the Town ; and
c . An Oil or Gas Well Permit has been issued by the Town .
2. Except as specifically provided herein, t he drilling and production of oil and gas within the
corporate limits of the Town shall be permitted by Specific Use Permit as close as two
hundred fifty feet (250') from the wellhead to the property line of a property with a residence
located on it if all property owners agree in writ ing and provided that the drilling and production
of oil or gas meets the requirements of this Ordinance and a Specific Use Permit.
3 . Upon request of a property owner, operator , or other applicant for SUP (collectively referred to
herein as "Applicant"), the Town Council , upon recommendation by the Planning and Zoning
Commission , shall hear and shall seriously and fairly consider a request for a waiver from the
requirement for a one-thousand foot (1 ,000') setback specified in subparagraph 1 of this
Section . A waiver may be authorized and will not be contrary to the public interest, where ,
owing to special conditions , the literal enforcement of the provisions of the setback
requirement will result in unnecessary hardship, including a substantial economic hardship ; or
the setback requirement would prevent an Applicant from accessing his/her mineral interest
Applicant may make such request for waiver as a part of his/her SUP application
4 . If a gas well is no longer being drilled but has been fitted with a wellhead and is a
O rdinance 2 010-10
(Fil e ID 2 010-2 16)
Producing Well , the distance from wellhead to habitable structure shall be a minimum
of 20 0-ft. For t his Subsection 4 o n ly, a "Produc i ng Well" is defined as: Gas is produced
from the well , but the rig used to drill and complete the well has moved off the well and
the top of the well Is outfitted with a wellhead.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as
to any and all violations of the provisions of any Ordinances affecting oil and gas drilling
and/or development 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 full force and effect.
SECTION 6.
SEVERABILITY
If 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.
Ordinance 2010-10
(File ID 2010-216)
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club 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 8.
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 Council of the Town of Trophy Club,
Texas this 26th day of April, 2010.
Mayor
Town of Trophy Club, Texas
Effective Date :
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APPROVED AS TO FORM:
own Attorney
Town of Trophy Club , Texas
Ordin ance 2 0 10-10
(File 10 2 010-216)