(a) No
person shall conduct any drilling, redrilling or seismic testing within
the corporate limits of the city without having obtained a permit
for said drilling, redrilling or seismic testing under this article.
(b) It
is hereby declared a nuisance for any person to conduct any drilling
operations within one thousand (1,000) feet of the property line of
any school of the Beaumont Independent School District without the
prior written consent of the board of trustees of said district, or
within one thousand (1,000) feet of the property line of any parochial
or charter school without the prior written consent of the board of
trustees or other governing body of said schools. It is hereby declared
a nuisance for any person to conduct any drilling operations within
one thousand (1,000) feet of a property line of any hospital, convalescent
home, orphanage or nursing home located within the city limits without
the prior written consent of the owner or owners thereof. It is hereby
declared a nuisance for any person to conduct any drilling or redrilling
operation outside the city limits closer than one thousand (1,000)
feet to any occupied structure other than a school, hospital, convalescent
home, orphanage, or nursing home located within the city limits without
obtaining a permit for said drilling or redrilling under this article.
(c) It
is hereby declared a nuisance for any person to construct any storage
tank or tanks within one thousand (1,000) feet of the property line
of any school of the Beaumont Independent School District without
the prior written consent of its board of trustees, or within one
thousand (1,000) feet of the property line of any parochial or charter
school without the prior written consent of the board of trustees
or the governing body of said schools, or within one thousand (1,000)
feet of any hospital, convalescent home, orphanage or nursing home
located either within or outside the city limits without the prior
written consent of the owner or owners thereof.
(1958 Code, sec. 24-2; Ordinance
76-38, sec. 1, adopted 3/23/76; Ordinance 78-78, sec. 1, adopted 7/18/78; 1978 Code, sec. 19-2; Ordinance 07-049, sec. 2, adopted 4/17/07; Ordinance 08-027, sec. 2, adopted 4/29/08)
(a) For
all drilling and redrilling permit applications where the well hole
is within a distance of three hundred feet (300') to five hundred
feet (500') of a structure it shall be the responsibility of the building
official to review impartially and to recommend to the city council
the approval or disapproval of said application. The city council,
based on the criteria established herein, may require the applicant
for a permit hereunder to do those things necessary to insure the
health, safety and welfare of the citizens of the city. The city council
shall review the applications according to the following criteria:
(1) That the proposed drilling operation will be compatible with and
not injurious to the use and enjoyment of other property, nor significantly
diminish or impair property values within the immediate vicinity;
(2) That the drilling operation will not impede the normal and orderly
development and improvement of surrounding vacant property;
(3) That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided;
(4) The design, location and arrangement of all driveways and parking
spaces provided for the safe and convenient movement of vehicular
and pedestrian traffic without adversely affecting the general public
or adjacent developments;
(5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odors, fumes, dust, noise and vibration;
(6) That directional lighting will be provided so as not to disturb or
adversely affect neighboring properties; and
(7) That there is sufficient landscaping and screening to insure harmony
and compatibility with adjacent property.
In authorizing a drilling operation, the city council may impose
additional reasonable conditions necessary to protect the public interest
and welfare of the community.
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(b) For
all drilling and redrilling permit applications where the well hole
is at a distance that is greater than five hundred feet (500') from
any structure, it shall be the responsibility of the building official
to review impartially and to approve or disapprove said applications.
The building official, based upon the criteria established herein,
may require the applicant for a permit hereunder to do those things
necessary to insure the health, safety and welfare of the citizens
of the city. Items required shall be clearly stated in the permit
issued hereunder.
(c) The
building official is hereby authorized to approve or disapprove the
actions of the permittee not otherwise covered by the permit application
during the drilling and post-drilling operations in accordance with
the terms of this article only.
(1958 Code, sec. 24-3; Ordinance
76-38, sec. 1, adopted 3/23/76; 1978 Code, sec. 19-3; Ordinance
07-049, sec. 3, adopted 4/17/07; Ordinance 08-027, sec. 3, adopted 4/29/08; Ordinance 09-014, sec. 1, adopted 3/31/09)
(a) Applications
for permits to drill or redrill any oil or gas well shall be made
in writing to the building official and shall include the following:
(1) The legal description of the proposed drill site and the legal description
of the real property in the city which the applicant proposes to explore
for oil and gas purposes. A map shall be attached to the application,
which map shall clearly show and outline the proposed drill site with
reference to existing city streets or city limits.
(2) A statement of what property the applicant has the right, by reason
of ownership or permission of the owner, to pass through and enter
for drilling purposes and a further statement that the applicant agrees,
in finally locating the well, not to pass through or enter any property
where he does not have such right.
(3) The proposed location, type, kinds, size, and amount of major equipment
and a general description and the method of operation of the proposed
well.
(4) The proposed method of handling and using any product proposed to
be developed at the well site and the proposed method of disposing
of all waste products anticipated.
(5) A statement from a licensed surveyor or registered professional engineer
verifying the drill site as being either an urbanized or a nonurbanized
drilling site as defined herein.
(b) Each
application shall state the maximum depth to which the applicant desires
to drill, and each application shall be accompanied by an application
fee of ten cents ($0.10) per foot of depth. The maximum fee for any
one well shall be one thousand dollars ($1,000.00). Should the applicant
drill to a greater depth than that stated in his application, a supplemental
fee shall be required based upon the increased depth.
(1958 Code, sec. 24-4; Ordinance
76-38, sec. 1, adopted 3/23/76; 1978 Code, sec. 19-4; Ordinance
07-049, sec. 4, adopted 4/17/07; Ordinance 08-027, sec. 3, adopted 4/29/08)
(a)
(1) No application for a drilling or redrilling permit where the well
hole distance is between three hundred feet (300') to five hundred
feet (500') of a structure shall be approved or disapproved until
after a public hearing in relation thereto is held by the city council
at which parties in interest and citizens shall have an opportunity
to be heard. At least seven (7) days’ notice of the time and
place of such hearing shall be published in an official paper, or
a paper of general circulation in the city.
(2) Written notice of all public hearings before the city council on
drilling and redrilling permits shall be sent to owners of real property
lying within five hundred feet (500') of the proposed well hole, such
notice to be given not less than ten (10) days before the date set
for hearing, to all such owners who have rendered their said property
for city taxes as the ownership appears on the last approved city
tax roll.
(b) The
permittee shall publish notices in the local newspaper in the manner
and order set forth below:
(1) 1st notice - to be published at least three (3) days prior to the
start of any drilling, blasting, and/or vibratory testing. Running
time - one (1) day.
(2) 2nd notice - to be published on the day which drilling, blasting,
and/or vibratory [testing] first begins. Running time - one (1) day.
(3) Such work may continue no more than three (3) consecutive working
days of nonproduction. If drilling, blasting, and/or vibratory testing
does not occur during this time, another notice must be published
on the day such work will restart. Additional notices must be republished
to coincide with intermittent work. Running time - one (1) day each
occurrence.
(4) Final notice - to be published when any such drilling, blasting,
and/or vibratory testing is approximately fifty percent (50%) complete.
Running time - one (1) day.
Aforementioned notices shall appear in the classified section
under legal notices. The notice shall indicate the scope of operations
to be performed and will detail the approximate dates and time (starting
and ending) and general location of work to be performed. The city
building official shall be notified when the notice has been placed
with the newspaper and what dates it will be published.
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(c)
(1) The permittee is required to notify the following entities twenty-four
(24) hours prior to the start of any drilling, blasting, or vibrancy
[vibratory] testing:
Fire department - Fire marshal (409-880-3905)
Blasting work only:
Engineering division (409-880-3725); and
All residents abutting test route.
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(2) If more than three (3) consecutive working days of nonproduction
occur, the permittee must contact the fire department twenty-four
(24) hours in advance of any blasting to be done after a period of
intermittent work.
(3) In addition, the permittee is required to notify any and all other
entities, directly or indirectly, involved through other permits or
agreements.
(1958 Code, sec. 24-5; Ordinance
76-38, sec. 1, adopted 3/23/76; 1978 Code, sec. 19-5; Ordinance
07-049, sec. 5, adopted 4/17/07; Ordinance 08-027, sec. 3, adopted 4/29/08; Ordinance 09-014, sec. 2, adopted 3/31/09)
All permits granted under this article shall be transferable
upon approval of the building official, after a determination that
all requirements of this article are met by the transferee.
(1958 Code, sec. 24-17; Ordinance 76-38, sec. 1, adopted 3/23/76; 1978 Code, sec. 19-17; Ordinance 07-049, sec. 14, adopted 4/17/07)
(a) Time; work without permit prohibited.
The drilling permit
shall become null and void unless the permit is accepted by the applicant
in its entirety in writing, filed with the building official within
thirty (30) days from the effective date thereof, and no work on such
drill site shall be commenced until such permit is issued and accepted.
The drilling permit shall become null and void unless drilling is
commenced within one hundred eighty (180) days of the effective date
of the permit.
(b) Extension of time.
(1) Whenever a person holding a drilling, redrilling or seismic testing
permit pursuant to the provisions of this article wishes to request
an extension of the time within which drilling, redrilling or seismic
testing operations are required to be commenced to a period beyond
one hundred eighty (180) days after the effective date of the permit,
a request for such extension shall be filed with the building official
in writing and be accompanied by a fee in the amount of one hundred
twenty-five dollars ($125.00) for each location for which an extension
is requested.
(2) Such request for an extension shall set forth facts showing good
cause for the building official to allow additional time for the commencement
of the operation. When good cause is shown, the building official
shall grant an extension not to exceed an additional one hundred eighty
(180) days.
(1958 Code, secs. 24-18, 24-20; Ordinance 76-38, sec. 1, adopted 3/23/76; 1978 Code, secs. 19-18, 19-19; Ordinance 07-049, sec. 16, adopted 4/17/07; Ordinance 08-027, sec. 7, adopted 4/29/08; Ordinance 08-045, sec. 2, adopted 5/27/08)
Any permit may be suspended or revoked for any material violation
of the conditions of the permit by the permittee or for persistent
violation of any law by the permittee in the operation of any such
well. The building official shall not revoke any permit without first
giving the permittee ten (10) days’ written notice of the nature
of the violations and of the intention to revoke such permit. The
permittee shall at once cease drilling or seismic testing operations
after receipt of notice of intent to revoke this permit. If, within
such ten (10) day period, the permittee requests a hearing before
the building official, the building official shall grant such hearing
within fifteen (15) days after the date of such request. At such hearing,
evidence shall be presented to establish to the satisfaction of the
building official the extent and nature of the violation which constitutes
grounds for the revocation, and the permittee shall be given an opportunity
to cross-examine all witnesses testifying at such hearing. The permittee
shall thereafter be permitted at that hearing, or at a continued hearing,
if a continuance is requested by the permittee, to present evidence
to disprove or explain such alleged violations. The building official
shall thereupon, after hearing all the evidence, determine whether
or not the permit should be revoked, and his determination thereon
shall be final. If the building official determines that the permit
should be revoked, the permittee may appeal the decision of the building
official to the city council.
(Ordinance 08-027, sec. 8, adopted 4/29/08; Ordinance 09-014, sec. 5, adopted 3/31/09)