AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS REPLACING EXISTING ARTICLE 4.1100 OF THE CITY'S CODE OF ORDINANCES WITH A REVISED AND EXPANDED ARTICLE 4.1100, ENTITLED "PROHIBITION AGAINST DRILLING AND MINING OPERATIONS," INCLUDING ANY AND ALL EXCAVATION AND DRILLING OPERATIONS, WITHIN THE CITY LIMITS OF THE CITY OF BASTROP; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Bastrop has found and determined that drilling operations for the exploration for and/or production and removal of water, oil, gas, liquids, and/or gaseous hydrocarbon minerals should be prohibited within the City limits because of fire safety hazards to buildings, structures and improvements within the City created by such operations, and because of the very real potential for injury to persons and damages to property and the endangerment of the general welfare, health, and safety of the citizens of the City of Bastrop created by such operations; and
WHEREAS, the City Council of the City of Bastrop, Texas has found and determined that land surface mining operations involving the excavation of the surface of land for the exploration for and/or production and removal of coal, uranium, lignite, minerals, soils, sand and stones should be prohibited because of the attendant noise and dust associated with such mining or excavation operations have a detrimental effect upon the health and welfare of persons living or working nearby and such mining and excavation operations create an attractive nuisance to children and constitute a danger thereto, and such mining and excavation operations are detrimental to the property values of property nearby; and
WHEREAS, the City of Bastrop, Texas desires to expand on the prohibition contained in the Code of Ordinances, Article 4.1100, by adopting new regulations in accordance with the terms, requirements and determinations noted herein below; and
WHEREAS, the police power of the state, which is delegated to cities by law, should be, and is hereby, invoked in aid of the enforcement of the adoption of such a policy.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
SECTION 1: CITY OF BASTROP, CODE OF ORDINANCES, CHAPTER 4.
ARTICLE 4.1100:
The City Council of the City of Bastrop, Texas hereby revokes in its entirety the now existing Code provision, Article 4.1100, and replaces it by adoption of the regulations contained herein below, which provisions prohibit drilling operations and surface mining operations, including any and all production and excavation operations, within the City's municipal limits.
SECTION 2: ARTICLE 4.1100 (a) DEFINITIONS -
All technical industry words or phrases related to well, drilling and surface excavation/mining operations not specifically defined in this Ordinance, shall have the meanings customarily attributable thereto by prudent and reasonable well, drilling, excavation and surface mining operators. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Drilling" means digging or boring a nex1, it7Alfor the purpose of exploring for, developing or producing water, gas other hydrocarbons, or for the purpose of injecting gas, water or other fluid or substance into the earth and also means any digging, boring or other work for the purpose of maintaining, re-furbishing or restoring existing wells for the production of water, gas or other hydrocarbons.
"Drilling operation" means all the activities designed and conducted in an effort to obtain production from a well, including all types of wells, e.g., water, gas, oil, etc.
"Excavation" means the act of digging for commercial purposes and/or for compensation. This term does not include site grading or other site development activity that has been rev;ewed and/or authorized by the Planning and Development Department, or site preparation activities on land that is the subject of a then applicable developmental permit or agreement with the City.
"Expanded" means making a change to wells or excavation sites that allows operation in a manner that enlarges the size, capacity, operation and/or output over ten percent (10%) of the capacity that existed at the time of the Effective Date.
"Minerals" includes coal, lignite, uranium, clay, sand solid material or substances of value (commercial or otherwise), from natural deposits on or in earth.
"Surface mining" means the mining of minerals by excavating and/or removing the overburden lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed and those aspects of underground mining having significant effects on the surface; provided, this definition shall not be construed to include in situ mining activities associated with the removal of uranium or uranium ore.
"Surface mining operation" means those activities conducted at or near the mining site and concomitant with the surface mining including extraction, storage, processing and shipping of minerals and reclamation of the land affected.
"Variance" means a permit to engage in an act contrary to a usual rule, for example, the prohibitions against drilling and mining contained in this Ordinance.
"Water well" means a well sunk to extract water from a zone of saturation, or otherwise used to obtain water.
"Well" means each unit that produces water, hydrocarbons, or other liquids or gases.
SECTION 3: ARTICLE 4.1100 (b) VARIANCES: Variances for well installation, drilling, excavation and surface mining operations are issued by the City Council upon approval of a petition for a variance to conduct a well installation, drilling, excavation or surface mining operation(s) within the City limits. All petitions for variances must be in writing, addressed to the City Council and include, at a minimum, the following information: name, address, and phone number of petitioner; physical address for which the variance is being requested; petitioner's relationship to the property; detailed &-isc„-tption -f the operation to be conducted; period of time for which the variance is sought, and any other information deemed pertinent by either the City Manager or the petitioner. The City Council shall evaluate all information pertinent to the variarice request. The City Council will endeavor to make a determination with regards to the variance within thirty (30) days of the receipt of the administratively complete petition. The decision of the City Council is final and not subject to appeal.
SECTION 4: ARTICLE 4.1100 (c) SCOPE AND APPLICABILITY; EXPANDED OPERATIONS.
1. Grandfathered Status. Wells, excavation sites and surface mining
operations that are in place and operating at the time of the
Effective Date of this Ordinance shall be exempt from the prohibitions of this Ordinance so that the then existing use may continue unaffected, until such time as they lose that status in a manner set forth herein.
|
2. Loss of Grandfathered Status. Wells, excavation sites and surface
mining operations that are in place and operating as of the Effective Date of this Ordinance (i.e., that are grandfathered) are exempt from the prohibition noted herein until the earlier of one of the following occurs:
|
a. The well, excavation site, surface mining operation is expanded to operate in a manner that enlarges the size, capacity, operation and/or output over ten percent (10%) of the capacity that existed at the time of the Effective Date.
b. The use and operation of the well, excavation site or surface
mining operation fails to be continuous for a period of over 90 days.
c. The property upon which the well, or excavation site or
surface mining operation is located is conveyed to another person, either by sale, lease or other grant of real property rights.
|
3. Wells, excavation sites and surface mining operations that lose
their exemption as noted herein above, shall within 90 days of losing the exemption, either be brought into compliance with the Ordinance, or take action to obtain a variance to operate as an Expanded well, excavation site or surface mining operation.
4. In the case of existing wells, the wells may be reworked by the owner, without triggering the prohibition(s) noted herein. Those wells and excavation sites are considered to be grandfathered into the Code as it existed as of the Effective Date of this Ordinance.
5. Nothing contained herein is intended to, nor shall it be interpreted to mean, that work done by the City is in any manner regulated, affected or constrained by the terms of this Ordinance; rather, all City operations are specifically exempted from the provision of this Code.
|
SECTION 5: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given
effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable.
SECTION 6: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable hearing and publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.
READ AND ACKNOWLEDGED ON FIRST READING ON THIS 23rd DAY OF OCTOBER, 2007.
PASSED AND APPROVED ON SECOND READING ON THE 13th DAY OF NOVEMBER 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APROVED AS TO FORM :
Jo-Christy Brown
City Attorney
|
