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draft_ordinance_9_20_13.pdf

draft_ordinance_9_20_13.pdf

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Published by Amy Silverstein
Draft of Dallas fracking law
Draft of Dallas fracking law

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Published by: Amy Silverstein on Sep 26, 2013
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12/13/2013

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 DCA 123-003 (51A-4.203(3.2) and Article XII) – Page 1
DRAFT
9/19/13ORDINANCE NO. __________ An ordinance amending Chapter 51A, “Dallas Development Code: Ordinance No. 19455, asamended,” of the Dallas City Code by amending Sections 51A-1.105(a) and 51A-4.203(3.2) and Article XII, gas drilling and production regulations; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date.WHEREAS, the city plan commission and the city council, in accordance with theCharter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have giventhe required notices and have held the required public hearings regarding this amendment to theDallas City Code; Now, Therefore,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:SECTION 1. That Paragraph (3.2), “Gas Drilling and Production,” Subsection (b),“Specific Uses,” of Section 51A-4.203, “Industrial Uses,” of Division 51A-4.200, “UseRegulations” of Article IV, “Zoning Regulations,” of Chapter 51A, “Dallas Development Code:Ordinance No. 19455, as amended,” of the Dallas City Code is amended to read as follows:“(3.2) Gas drilling and production.(A) Definitions:(i) BOUNDARY means the perimeter of the operation site.OPERATION SITE means the area identified in the specific use permit to be used for drilling, production, and all associated operational activities after gas drilling is complete.(ii) ENVIRONMENTALLY SIGNIFICANT AREA means anarea:(aa) with slopes greater than three to one;
 
 DCA 123-003 (51A-4.203(3.2) and Article XII) – Page 2
DRAFT
(bb) containing endangered species of either flora or fauna;(cc) that is geologically similar to the Escarpment Zone, asdefined in Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations;”(dd) identified as wetlands or wildlife habitat;(ee) determined to be
 
an archeological or historical site;or (ff) containing more than 1,000 inches of trunk diameter of protected trees, in the aggregate, within a 10,000 square foot land area. Trunk diameter ismeasured at a point 12 inches above grade. To be included in the aggregate calculations of trunk diameter, a protected tree must have a trunk diameter of six inches or more. For purposes of thisProvision (ff), a protected tree is defined in Section 5A-10.101 of this chapter. [
 
7/25/13](iii) GAS DRILLING AND PRODUCTION [Gas drilling and  production] means the activities related to the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseousvapors derived from petroleum or natural gas.(iv) HABITABLE STRUCTURE means any use or structurethat is not a protected use and that has a means of ingress or egress, light, and ventilation.Habitable structure does not include accessory structures, such as a garage or shed.[
 
7/25/13]CPC recommendation(v) PROTECTED USE means institutional and communityservice uses, except cemetery or mausoleum uses; lodging uses; office uses; recreation uses,except when the operation site is on a public park, playground, or golf course; retail and personalservice uses, except commercial motor vehicle parking or commercial parking lot or garage; and residential uses.
 
8/21/13]Task Force recommendation(v) PROTECTED USE means institutional and communityservice uses, except cemeteries and mausoleum uses; lodging uses; residential uses; recreationaluses, except when an operation site is on a public park, playground, or golf course use, and acountry club with private membership use; office uses with a floor area greater than 10,000square feet; retail and personal service uses, except auto service center, commercial motor vehicle parking, commercial parking lot or garage, dry cleaning or laundry store, motor vehiclefueling station, and taxidermist.[
 
8/21/13](vi) See Article XII for additional definitions that apply to gasdrilling and production.
 
 DCA 123-003 (51A-4.203(3.2) and Article XII) – Page 3
DRAFT
(B) Districts permitted: By SUP only in all [residential and nonresidential] districts.
 
[6/17/13](C) Required off-street parking: None. No handicapped parking isrequired.(D) Required off-street loading:
SQUARE FEET OFFLOOR AREA IN STRUCTURE
 
TOTAL REQUIREDSPACES OR BERTHS
0 to 50,000 150,000 to 100,000 2Each additional 100,000 or fraction thereof 1 additional(E) Additional provisions:(i) See Article XII for additional regulations relating to gasdrilling and production. No provision found in Articles VI or XII may be waived through theadoption of or amendment to a planned development district.(ii) Before an SUP for a gas drilling and production use withina public park, playground, or golf course may be processed, city council must hold a publichearing and make a determination in accordance with Texas Parks and Wildlife Code Chapter 26, “Protection of Public Parks and Recreational Lands.” [City council may require that anoperator use a closed-loop system.] [
 
8/8/13](iii) A favorable vote of three-fourths of all members of the citycouncil is required to approve a gas drilling and production use on a public park, playground, or golf course.(iv) In addition to the findings required in Section 51A-4.219(a)(3) for the granting of an SUP, city plan commission and city council must consider the:(A) proximity of a proposed gas drilling and productionuse to an environmentally significant area; and (B) potential impact the proposed gas drilling and  production use may have on the environmentally significant area. [
 
8/8/13][Trailers or mobile homes that are temporarily placed on theoperation site and used by gas drilling workers as a residence is a permitted accessory use.](v) Compliance with other city, state, or federal laws or regulations is required, and may include platting, a fill or alteration permit, building permits, and 

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