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Home My Public Portal AboutOrdinance No. 1167-10 04-27-2010 1167-10 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HII,LS, TEXAS AMENDING VARIOUS SECTIONS OF CHAPTER 90 TO CLARIFY WHEN CERTAIN FEES ARE TO BE CHARGED, PROVIDING THAT SUCH FEES ARE AS PROVIDED IN THE CITY FEE SCHEDULE AND, AND AMENDING OTHER SECTIONS OF DIVISION 12, ARTICLE IX OF CHAPTER 90 TO MOVE GAS WELL PERMIT AND INSPECTION FEES TO THE CITY FEE SCHEDULE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has previously adopted Chapter 90 of the Richland Hills City Code, the City's Comprehensive Zoning Ordinance, regulating the location of and ancillary issues relating to all land uses in the City; and WHEREAS, it is the intent of the City Council that the City charge fees for certain permits and review of applications for various activities required by and in Chapter 90; and WHEREAS, certain provisions of Chapter 90 neither specify a specific fee nor expressly reference the City Fee Schedule; and WHEREAS, it is the intent of the City Council that all fees charged by the Citybe established and set forth in the City Fee Schedule; and WHEREAS, the City Council has previously adopted Article IX, Division 12, of Chapter 90 ofthe Richland Hills City Code, the City's Comprehensive Zoning Ordinance, regulating gas drilling activities in the City; and WHEREAS, Division 12 of Article IX of Chapter 90 requires operators who file applications for gas well permits to pay certain fees as set forth therein; and WHEREAS, Division 12 currently contains the applicable permit and inspection fees; and WHEREAS, the City Council deems it advisable and necessary to relocate the gas well permit and inspection fees set forth in Chapter 90 to the City Fee Schedule to allow for consistency and easier amendment and supplementation; and i WHEREAS, alI requirements of law dealing with notice, publication and all procedural requirements have been complied with in accordance with the comprehensive zoning ordinance and Chapter 211 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-121 TO TO EXPRESSLY PROVIDE FOR FEE FOR SITE PLAN REVIEW Subsection 90-121of Article IV of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Section 90-121. Required. When either: (1) required by this Chapter, or (2) in the opinion of the Planning and Zoning Commission, City Council or Board of Adjustment, greater information is required from the petitioner concerning the nature, extent and impact of the petitioner's request than was supplied with any application under this Chapter for a permit, change in zoning or special use permit, in order for the planning and zoning commission, city council or board of adjustment to properly review and evaluate all relevant factors thereof prior to rendering a decision thereon, the applicant shall submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this article, and pay the applicable fee established in the Fee Schedule attached to the City Code as Appendix A. SECTION 2. AMENDMENT OF SECTION 90-375(b) TO TO MOVE GAS WELL PERMIT AND INSPECTION FEES TO FEE SCHEDULE Subsection 90-375(b) of Division 12 of Article IX of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Section 90-375. Application and review of gas well permit. (b) Applications for gas well permits shall be filed with the planning department. The Operator shall pay a gas well permit fee and a gas well inspection fee in the amounts established in the Fee Schedule attached to the City Code as Appendix A for each gas well to be drilled. The permit fee is non-refundable regardless of the outcome of the application. If the application is denied, the City shall promptly GAS WELL PERMIT AND INSPECTION FEE TO FEE SCHEDULE Page 2 W:\Richland Hi11s10rdinance\Zoning\Gas weU permit and inspection fee to fee schedule.tgs.4.26.10.wpd refund the inspection fee once such denial becomes final. Incomplete applications shall be returned to the applicant. The city shall return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination or authorization of the Operator. The remainder of Section 90-375 shall remain unchanged. SECTION 3. AMENDMENT OF SECTION 90-379(b) AND (c) TO MOVE AMENDED GAS WELL PERNIIT AND INSPECTION FEES TO FEE SCHEDULE Subsections 90-379(b) and (c) of Division 12 of Article IX of Chapter 90 of the Richland Hills City Code are hereby amended to provide as follows: Section 90-379. Amended gas well permits. ~ i (b) The Operator shall file any application for an amendment to an existing gas well permit with the planning deparknent, in writing on forms provided by the city and signed by the operator, which application shall include the following: (1) payment of a gas well permit amendment fee in the amount established in the Fee Schedule attached to the City Code as j Appendix A, which application fee is non- refundable regardless of the outcome of the application; (2) A description of the proposed amendments; i i (3) Any changes to the information submitted with the application for the current gas well permit (if such information has not previously been provided to the city); (4) Such additional information as is reasonably required by the gas well inspector or city staff to demonstrate compliance with the applicable special use permit and associated site plan and the provisions of this division; and (5) Such additional information as is reasonably required by the gas well inspector or city staff to prevent imminent destruction of property or injury to persons. GAS WELL PERNIIT AND INSPECTION FEE TO FEE SCHEDULE Page 3 W:1Richland Hills\Ordinance\Zoning\Gas well permit and inspection fee to fee schedule.tgs.4.26.10.wpd f _ (c) If, in the judgment of the city or the gas well inspector, the activities proposed by the amendment require an inspection, the Operator shall pay an inspection fee in the amount established in the Fee Schedule attached to the City Code as Appendix A. The Operator must pay the fee before the amended gas well permit will be issued. The remainder of Section 90-379 shall remain unchanged. SECTION 4. AMENDMENT OF SECTION 90-384(k) TO MOVE ANNUAL GAS WELL INSPECTION FEE TO FEE SCHEDULE Ij Subsection 90-384(k) of Division 12 of Article IX of Chapter 90 of the Richland Hills City 'i Code is hereby amended to provide as follows: Section 90-384. Additional safety and environmental requirements. I (k) The gas well inspector shall conduct periodic inspections at least once a year of all permitted wells in the city to determine that the wells are operating in accordance with the requirements of this division and all regulations of the raikoad commission. The Operator shall pay to the City an annual inspection fee in the amount established in the Fee Schedule attached to the City Code as Appendix A. If a violation of the applicable special use permit and associated site plan or the gas well permit is found during an annual inspection, the gas well inspector shall conduct a reinspection to determine whether such violation has been remedied, and the Operator shall pay a reinspection fee in the amount established in the Fee Schedule attached to the City Code as Appendix A. The remainder of Section 90-384 shall remain unchanged. ' SECTION 5. AMENDMENT OF SECTION 90-386 TO MOVE GAS WELL INSPECTION FEE FOR RE-WORHING TO FEE SCHEDULE Section 90-386 of Division 12 of Article IX of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: GAS WELL PERNIIT AND INSPECTION FEE TO FEE SCHEDULE Page 4 W:\Richland Hills\OrdinancelZoning\Gas well permit and inspection fee to fee schedule.tgs.4.26.10.wpd Section 90-386. Reworking of well; notice. Any Operator who intends to rework a well using a drilling right, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least twenty (20) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. The person conducting the activities shall post a sign, in English and Spanish, on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. No well shall be re-worked without the written approval of the gas well inspector. If the gas well inspector determines that an inspection is necessary, the Operator must pay a re- workinginspection fee in the amount established in the Fee Schedule attached to the City Code as Appendix A, which fee shall be paid prior to the inspector giving consent for such re-work to proceed. SECTION 6. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code aze hereby repealed. SECTION 7. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, pazagraph or section. SECTION 8. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to GAS WELL PERMIT AND INSPECTION FEE TO FEE SCHEDULE Page 5 " W:1Richland Hillsl0rdinance\Zoning\Gas well permit and inspection fee to fee schedule.tgs.4.26.10.wpd 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 9. PUBLICATION ' The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 10. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 11. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS 2 ~ th DAY OF Ap r i 1 , 2010. ~~~~~~~inuuii~i~,~~ ~ ~ ~ HE HONORABLE DAV L. RAGAN, MAYOR ~ ~ GAS WELL PERMIT AND INSPECTION FEE TO FEE SCHEDULE Page 6 W:\Richhind Hills\Ordinance\Zoning\Gas well permit and inspection fee to fee schedule.tgs.4.26.10.wpd ATTEST: ~ 1 ~~-~o~.J IND CANTU, TRMC, CITY SECRETARY EFFECTIVE DATE: ~ dL. ~0 ~ AP OVE AS FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY I GAS WELL PERNIIT AND INSPECTION FEE TO FEE SCHEDULE Page 7 W:\Richland Hills\Ordinance\Zoning\Gas well permit and inspection fee to fee schedule.tgs.4.26.10.wpd