(a) 
Gas well pad site permit.
A gas well pad site permit obtained from the city will be considered as a permit for land use, as established in the permitted uses table 4A contained in section 84-84 of this Code.
(b) 
“Blanket” gas well pad site permit.
The operator may apply for and obtain a “blanket” gas well pad site permit for more than one well, if multiple wells are located on the same gas well pad site as defined by the permit application.
(c) 
Termination and extension of permit.
A gas well operations permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance of the gas well operations permit. Drilling must commence within 180 days from the date of the issuance of the gas well pad site permit or at least one well under said permit as described in subsection (b) in order to maintain the validity of the gas well pad site permit for the multiple wells.
(d) 
Requirements for notification of drilling related activities.
Any person who intends to re-work a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or other exploration activities, shall give written notice to the planning and development department and the inspection services provider(s) no less than ten days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities 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 will post a sign 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. If the inspection services provider(s) determines that an inspection is necessary, the operator will pay the city for the inspection.
(e) 
Drilling operations.
A person wanting to engage in and operate gas production activities on public or private property shall apply for and obtain a gas well operations permit under this chapter. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well operations permit issued by the city in accordance with this chapter. The operator must apply for and obtain a gas well operations permit for the drilling, re-drilling, deepening, re-entering, activating or converting of each well on public or private property. Such activities include, but are not limited to initial site preparation, construction of rigs or tank batteries, fracturing and pressurizing, drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well.
(f) 
Wire line logging notification requirements.
A minimum of ten days prior to this event written notification shall be made to and a written acknowledgement received from the fire marshal. Appropriate permits related to the operation must be obtained from the fire marshal’s office. Once approved, the operator shall notify the office of the fire marshal by phone a minimum of 72 hours prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An onsite inspection may take place once the items have been delivered and prior to their use. Proper signage shall be posted for the procedure. It is recognized that these events may take place over a period of time. The written notification should cover the period of time these events are anticipated. Notification to the office of the fire marshal must be made prior to each instance when radioactive or explosive materials will be brought on site. All appropriate permits for any explosive or radioactive materials must be obtained from the fire marshal prior to any such products being brought into the city.
(g) 
Perforating notification requirements.
Ten days prior to this event written notification shall be provided to the fire marshal. Perforating requires the approval of the fire marshal. Once the perforating schedule is approved, the operator shall notify the office of the fire marshal a minimum of three business days prior to the commencement of the event. A plan must be submitted and approved for the transportation route of any explosives or radioactive materials to be used, and the transporting vehicles must follow that route. An on-site inspection will take place once the items have been delivered and prior to their use. Proper signage shall be posted for the procedure. All appropriate permits for any explosive or radioactive materials must be obtained from the fire marshal prior to any such products being brought into the city.
(h) 
Requirements for fracture stimulation operations.
The following requirements shall apply to all fracture stimulation operations performed on any well:
(1) 
At least 72 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;
(2) 
A watchman shall be required at all times during such operations; and
(3) 
At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.
(i) 
Abandoned wells.
An expired gas well operations permit or an existing active permit for a well that has been abandoned shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well operations permit in accordance with the provisions of this chapter if the operator is re-entering and drilling an abandoned well. In the event of a dispute over the status of an “abandoned” well, the city manager will determine, after consulting with the inspection services provider(s), if the well is “abandoned” and the determination of the city manager shall be final.
(j) 
New or supplemental permit.
A new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening or converting such well to a depth or use other than that set forth in the then current gas well operating permit for such well.
(k) 
Other permits required.
The gas well pad site and gas well operations permits required by this chapter are in addition to, and are not in lieu of, any permit which may be required by the Unified Development Code or any other provision of this chapter, other requirements of this Code or by any other governmental agency. It is the intent of this section to clarify that no building or structure shall be erected, altered, enlarged, demolished or otherwise built, modified or removed without a permit from the city manager or their designee. It shall also be the responsibility of any person, firm or corporation to register as a general contractor with the city and obtain a building permit for any work that will require a permit. This includes, but is not limited to, construction of gates, fences, plumbing, irrigation, electricity, roadways, flow lines, gathering lines, tank batteries and buildings. Fees for work to be performed will be assessed in accordance with the city fee schedule.
(l) 
Floodway/floodplain.
A gas well pad site permit and gas well operations permit may be issued for any well to be drilled within any floodplain or floodway identified by FEMA on the most current flood insurance rate maps (FIRM) if the following conditions have been achieved:
(1) 
Obtaining a floodplain development permit from the city engineer; and,
(2) 
Gas well development that will result in any changes to either the FEMA flood insurance rate maps (FIRM) or the corresponding hydraulic model will require the operator to obtain a FEMA letter of map revision (LOMR).
(m) 
Ordinance in full effect.
By acceptance of any gas well pad site permit or gas well operations permit issued pursuant to this chapter, the applicant/operator/property owner expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.
(n) 
Streets and alleys.
No gas well operations permit shall be issued for any well to be drilled within any of the streets or alleys of the city and/or projected streets or alleys, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the inspection services provider(s) and the city using the street closure process in place through the city engineering department.
(Ordinance 1852, § 1, 6-23-09)
(a) 
Every application for a gas well pad site permit issued pursuant to this chapter shall be in writing signed by the operator, property owner, or some person duly authorized to sign on their behalf, and filed with the city planning and development department.
(b) 
Every application shall be accompanied by a nonrefundable permit fee as approved by action of the city council. The applicant/operator/property owner, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical advisor to review the application and/or information supplement.
(c) 
The application shall include the following information:
(1) 
The date of the application.
(2) 
Name and address of individual designated to receive notice.
(3) 
An accurate legal description of the lease property to be used for the gas well pad site operation, and name of the geologic formation as used by the railroad commission. Property recorded by plat should reference subdivision, block and lot numbers.
(4) 
Map showing proposed transportation route and road for equipment, chemicals or waste products used or produced by the gas operation. The map will be accompanied by a list of non-TxDOT roads that will be used, and the lengths of each non-TxDOT road that will be used to access the site.
(5) 
Applicant/operator/property owner name and address and if the operator is a corporation, the state of incorporation, address, officers names and addresses, registered agent and address and articles of incorporation; and if the operator is a partnership, the names and addresses of the general partners. Copies of any assumed name filings.
(6) 
Owner and address of each parcel of property within 1,000 feet of the proposed gas well pad site boundary.
(7) 
A detailed site plan that includes the proposed operation site showing the location and providing a description of all improvements and structures within 1,000 feet of the well(s).
(8) 
A detailed site plan that includes specific details to the projected location of the major components of the drilling site including:
a. 
Impacted existing vegetation;
b. 
Creeks and other topographic features including the limits of the 100-year floodplain and floodway;
1. 
Adjacent buildings and other structures and the measured distance from the well site to these buildings and structures
2. 
Temporary and permanent fencing including height and type;
3. 
Entrance gate location and dimension;
4. 
Landscaping including a table to include plant material species type and number, square footage of landscaped area and notes regarding any proposed irrigation measures.
c. 
The location and dimensions of existing or proposed driveway(s) into the pad site. A visibility triangle is required at the intersection of the driveway with the access point to a public or private roadway, driveway or other access easement or alley. The drive approach shall be constructed according to the standards set by section 84-208 of the City of Euless Unified Development Code. The minimum storage length of the driveway measured shall be 75 feet and the minimum width shall be 24 feet with radii in accordance with the adopted fire lane standards.
(9) 
All required application and gas well pad site permit fees.
(10) 
Any additional information deemed necessary by the planning and development department in order for the applicant/operator/property owner to show compliance with the performance standards of this chapter.
(Ordinance 1852, § 1, 6-23-09)
(a) 
Every application for a gas well permit issued pursuant to this chapter shall be in writing signed by the operator, property owner, or some person duly authorized to sign on their behalf, and filed with the city planning and development department.
(b) 
Every application shall be accompanied by a nonrefundable permit fee as approved by action of the city council. The applicant/operator/property owner, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical advisor to review the application and/or information supplement.
(c) 
The application shall include the following information:
(1) 
The date of the application.
(2) 
An accurate legal description of the lease property to be used for the gas operation, the parcel and the production unit and name of the geologic formation as used by the railroad commission. Property recorded by plat should reference subdivision, block and lot numbers.
(3) 
A copy of the approved gas well pad site permit or a completed gas well pad site permit application to be considered concurrently with the gas well operations permit application. A gas well operations permit shall not be issued by the city until approval of the gas well pad site permit has been issued.
(4) 
A copy of the approved railroad commission permit to drill, together with attachments and survey plats which are applicable to the drill and operation sites.
(5) 
Proposed well name.
(6) 
Surface owner name(s) and address(es) of the lease property.
(7) 
Mineral lessee name and address.
(8) 
Name and address of individual designated to receive notice.
(9) 
Name of representative with supervisory authority over all gas operation site activities and a 24-hour phone number.
(10) 
The exact and correct acreage of the gas well pad site and number of wells included in the gas well operations permit application.
(11) 
A detailed site plan that includes the proposed operation site showing the location and providing a description of all improvements and structures within 1,000 feet of the well(s), including the location of the proposed well(s) and other facilities and equipment, including, but not limited to, tanks, pipelines, compressors, separators and storage sheds.
(12) 
A signed road repair agreement supplied by the city that provides that the operator shall repair, at his own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of gas wells.
(13) 
A description of public utilities required during drilling and operation.
(14) 
A description of the water source to be used during drilling and the planned total amount of water usage for drilling and fracturing processes.
(15) 
A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water.
(16) 
The insurance and security requirement documents under this chapter.
(17) 
A notarized statement signed by the operator, or designated representative, that the information submitted with the application is, within the personal knowledge of the operator or designated representative, true and correct.
(18) 
A copy of the emergency response plan for the site.
(19) 
A hazardous materials inventory statement including MSDS sheets on all products being used broken down into drilling and post drilling documents.
(20) 
An erosion control plan, grading and drainage plan prepared by a licensed civil engineer meeting the approval of the city engineer.
(21) 
All required application and gas well operations permit fees.
(Ordinance 1852, § 1, 6-23-09)
A gas well pad site permit shall be required if a proposed well is to be located within the city.
(a) 
Gas well pad site permitting procedure.
(1) 
It is the responsibility of the inspection services provider(s) to review and recommend approval or denial of all applications for gas well pad site permits and gas well operations permits based on the criteria established by this chapter. The city and the inspection services provider(s), within 60 days after the filing of a completed application and remittance of all fees, insurance and security per the requirements of this chapter for a gas well pad site permit, shall determine whether or not the application complies in all respects with the provisions of this chapter and shall determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested gas well pad site permit.
(2) 
The provisions of this section shall apply to any residences, commercial structures or public buildings for which an application for a building permit has been submitted on the date the application for a gas well pad site permit is filed with the planning and development department.
(3) 
Setback requirements for approval process.
Depending on the setback distances of the proposed well head locations to adjacent structures, the following final approval authorities shall be utilized for the approval process of gas well pad site permits:
Distance of Potential Well Head Bore Locations from Adjacent Residential, Commercial or Public Building Structure(s)
Waiver(s) Obtained from Adjacent Property Owners
Final Approval Authority
Greater than 600'
None required
City manager or their designee
Between 600' and 400' from adjacent residential or public building structure(s)
Waivers provided from all property owners of structures within the 600' to 400' range
City manager or their designee
 
Absence of waivers from all property owners of structures within the 600' to 400' range
City council
Between 400' and 200' from adjacent residential or public building structure(s)
 
City council
Within 600' of the external boundaries of properties which have been specifically dedicated, deeded or platted as a public park, playground or golf course
 
City council
(4) 
Within 45 days of the inspection services provider(s)’ determination that the application complies with all requirements, the city manager or their designee shall provide a letter of approval or denial for any gas well pad site permit applications that meet the criteria sited in subsection (a)(3) above that allow the city manager or their designee final approval authority of the permit. If the conditions of proposed gas well pad site permit requires city council approval, the city manager or their designee will coordinate placing the matter on the city council agenda for a public hearing and consideration of the permit and give notice by mail of the time, place and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The 45-day period shall not begin to run until the city manager or their designee and the inspection services provider(s) has made a determination that the application complies with all requirements.
(b) 
Requirements for obtaining waivers from protected use property owners.
(1) 
No application for a gas well pad site permit in which the proposed well bore is within 600 feet of a residential structure or public building shall be accepted unless written notarized waivers are obtained from all residential structures, commercial structures or public building property owners within 600 feet of the proposed well(s). Written notarized waivers granted by all the residential structures, commercial structures and public building property owners within a 600-foot radius around the proposed well(s) must be filed, at the expense of the operator, in the applicable county records.
All waivers must identify the property address, block and lot number, subdivision name and plat volume and page number. Copies of filed residential structures, commercial structures or public building property owner waivers of must be submitted with the filing of a completed application for a gas well pad site permit.
If the operator fails to obtain written waivers from all residential structures, commercial structures or public building property owners within a 600-foot radius around the proposed well(s), the operator must submit a request for a waiver to drill a gas well within 600 feet of a residential structure, commercial structure or public building from city council pursuant to the requirements of subsection (c) of this section or modify the well location to comply with the 600-foot setback from all residential structures, commercial structures or public buildings. Waivers from residential structure, commercial structure or public building property owners shall not be required for an approved or existing gas well pad site permit.
(c) 
City council approval process of certain gas well pad site permits.
(1) 
At least 20 days, and no more than 30 days prior to the date of the public hearing before the city council for a gas well pad site permit under this chapter, city shall notify, at operator’s expense, each surface owner of property, as shown by the current tax roll, within 1,000 feet of the proposed gas well pad site boundary, not owned by or under lease to the operator and the hearing date and time. Depositing the same, in the United States mail, properly addressed and postage paid, as outlined below, shall constitute such notice.
(2) 
At least 15 days, and no more than 20 days prior to the date of the public hearing before city council for a gas well pad site permit under this chapter, the city shall publish a copy of the notice as outlined below, at operator’s expense, in one issue of a daily newspaper.
The notice shall read as follows:
“Notice is hereby given that, acting under and pursuant to the Ordinances of the City of Euless, Texas, on the __________ day of __________, 20__________, __________ filed with the City of Euless, an application for a Gas Well Pad Site Permit to drill, complete and operate a well for gas upon property located in Euless, Tarrant County, Texas, more particularly shown on the map of record in Volume _______, Page _______, Plat records of Tarrant County, Texas or per Tax Tract Number __________, Tarrant County, Texas. The City Council will conduct a public hearing on the request for said permit on the __________ day of __________, 20__________ at __________o’clock __________.m. in the City Council Chambers located at 201 N. Ector Drive, Euless, Texas.
(3) 
At least 20 days prior to the date of the public hearing before city council for a gas well pad site permit the applicant/operator/property owner shall, at the applicant/operator/property owner’s expense, erect at least one city-provided sign, no less than two feet by three feet, upon the premises upon which a gas well pad site permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
a. 
The sign(s) shall substantially indicate that a gas well pad site permit to drill for gas has been requested and state the time and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator/property owner at the number indicated on the sign.
b. 
The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this chapter.
c. 
Any sign(s) shall be removed within seven days after final action by the city council.
(4) 
All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(5) 
After a permit application is submitted, the city and the inspection services provider(s) shall evaluate the public impact of the proposed activity. The inspection services provider(s) shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening and any other requirements the inspection services provider(s) deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing.
(6) 
At the public hearing and before the city council considers the merits of the application and the recommendations of the inspection services provider(s) and city staff, the applicant/operator/property owner shall provide evidence of having otherwise complied with or satisfied all other requirements of this chapter.
(7) 
The burden of proof on all matters considered in the hearing shall be upon the applicant/operator/property owner.
(8) 
The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a gas well pad site permit:
a. 
Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there;
b. 
Whether the drilling of such wells would conflict with the orderly growth and development of the city;
c. 
Whether there are other alternative well site locations;
d. 
Whether the operations proposed are consistent with the health, safety, and welfare of the public when and if conducted in accordance with the gas well pad site permit conditions to be imposed;
e. 
Whether there is adequate access for emergency personnel and equipment;
f. 
Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well pad site permit conditions are reasonable and justified, balancing the following factors:
1. 
The right of the owner(s) of the mineral estate to explore, develop, and produce the minerals; and
2. 
The availability of alternative drill sites.
g. 
The recommendations of the city staff and the inspection services provider(s).
(9) 
The city council may require an increase in the distance the well is setback from any residence, commercial structure, church, public building, hospital, public park, playground, or golf course, or school or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in section 40-16 of this chapter, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.
(10) 
In making its decision, the city council shall have the power and authority to refuse any gas well pad site permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such wells at such particular location would be deemed injurious to the health, safety, or welfare of the inhabitants in the immediate area of the city.
(11) 
The city council may accept, reject, or modify the application in the interest of securing compliance with this chapter, this Code and/or to protect the health, safety, and welfare of the community.
(12) 
If the applicant/operator/property owner elects not to accept the gas well pad site permit under the terms and conditions imposed by the city council and wishes to withdraw his application, the applicant/operator/property owner must notify the planning and development department in writing of their decision.
(d) 
Gas well operations permitting procedure.
(1) 
A gas well operations permit for each individual well head bore shall be filed with the planning and development department who shall forward all applications to the inspections services provider(s) to review. Incomplete applications shall be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies if requested by the applicant.
(2) 
Multiple gas well operations permit applications may be combined provided that all well heads are contained within the same pad site and any required information unique to each well head be provided in total with the application. In all gas well operations permit applications, the permit fee will be assessed per well head.
(3) 
No gas well operations permit shall be approved under this chapter unless the applicant/operator/property owner first receives approval of a gas well pad site permit. Denial or conditional approval of any such applications shall be grounds for denial or conditional approval of the gas well operations permit. This section does not preclude the applicant/operator/property owner from submitting a gas well pad site permit and gas well operations permit to be reviewed concurrently.
(4) 
It is the responsibility of the inspection services provider(s) to review and recommend approval or denial of all applications for gas well operations permits based on the criteria established by this chapter; whether the application is in conformance with the applicable gas well pad site permit and whether the application is in conformance with the insurance and security requirements set forth in section 40-14.
(5) 
The inspections services provider(s) shall review each application within 15 days after acceptance for filing and shall determine whether the application includes all of the information required by this chapter. The inspections services provider(s) shall then provide a written report to the city manager or their designee recommending approval; approval with conditions; or denial of the application for a gas well operations permit.
(e) 
Well, tank batteries, well facilities and equipment setbacks for gas well operations permit.
See article VII, section 40-16, technical regulations.
(f) 
Fencing requirements for well site perimeter.
See article VII, section 40-16, technical regulations.
(g) 
Vehicle routes for gas well operations permit.
Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or as specified in the transportation route submitted with the gas well pad site application as specified in subsection 40-8(c)(4) of this chapter. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on an alternative route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated.
(h) 
Work hours for gas well operations permit.
Site development, other than drilling and flowback operations, shall be conducted only between 7:00 a.m. and 7:00 p.m., Monday through Friday and 9:00 a.m. and 6:00 p.m. on Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site, shall be limited to the specified hours and days except in cases of fires, blowouts, explosions and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production or where additional hours of operation are permitted under subsection 40-7(g) or subsection 40-15(21) of this chapter. The city manager or their designee has the authority to approve additional hours of work when the well site is located in such a position that the operations at or related to the site will not have an adverse impact on adjacent properties.
(i) 
Noise restrictions for gas well permit.
(1) 
No drilling, producing or other operations shall produce a sound level greater than 78 dB(A) when measured at a distance of 300 feet from the production equipment in question. In the event the ambient noise level at the location prior to the operations in question, as established by a noise level survey conducted as part of the gas well pad site permit application process, has a baseline level greater than 78 dB(A), the noise level from the well or its operations cannot cause an increase in the ambient noise level so established. It shall be the operators responsibility to determine if the baseline ambient noise level at 300 feet exceeds 78dB(A) and to request a variance in the noise level as part of the application process. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four feet above ground level, when measured at a distance of 300 feet from the production equipment. A maximum sound level of 85 dB(A) shall apply to formation fracturing when measured at a distance of 300 feet from the production equipment in question.
(2) 
A noise management plan shall be required when requested by the city planning and development department or the inspection services provider(s). Said plan must be approved by the city and the inspection services provider(s) and must identify operation noise impacts, provide documentation of the ambient noise levels prior to construction at the facility and after installation of compressors or other equipment and detail how noise impacts will be mitigated. Acoustic blankets, sound walls, mufflers or other alternative methods as approved by the city and the inspection services provider(s) may be used to ensure compliance. All soundproofing shall comply with accepted and best industry standards.
(3) 
When requested by the city or the inspection services provider(s), the exterior noise level generated by the drilling, re-drilling or other operations of all gas wells shall be continuously monitored to ensure compliance with this chapter. The cost of such monitoring shall be the responsibility of the well operator.
(j) 
Tank specifications for gas well operations permit.
All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the fire marshal. The top of the tanks shall be no higher than eight feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the railroad commission and the National Fire Protection Association, but in all cases, shall be at least 75 feet from any public right-of-way or property line. Tanks and installations must conform to the provisions of the fire code in effect in the city at the time of application as well as the provisions found in N.F.P.A. #30 as may be appropriate and those found in section 40-15 of this chapter and any site specific requirements imposed by the fire marshal.
(k) 
All other provisions outlined in this chapter shall be required.
(l) 
Gas well pad site and gas well operations permitting within certain “PD” planned development districts. Within a “PD” zoning district encompassing more than 100 acres, the city council may elect to modify or waive the setback and minimum distance criteria and waiver requirements of section 40-9 and section 40-15 of this chapter, for any gas well pad site permit and gas well operations permit, and may establish setback and minimum distance criteria requirements that are specific to the site; provided, however, that in no event shall the outside fence or boundary of any gas well pad site be built or located closer than 150 feet from any residence, commercial structure, church, public building, hospital, public park, playground or golf course, or school, including any such structure for which a building permit has been issued on the date the application for a gas well pad site permit is filed with the inspector. Gas well pad site permits and gas well operations permits shall thereafter be issued on the site by the city manager or his designee as the final approval authority in accordance with such modified or waived setback and minimum distance criteria and waiver requirements. Such permits shall be exempt from future setback and minimum distance criteria and waiver regulations established by this chapter but shall be subject to all other requirements and conditions in this chapter that are in effect on the date the application for a gas well pad site permit or gas well operations permit is filed with the inspector.
(Ordinance 1852, § 1, 6-23-09; Ordinance 1938, § I, 1-24-12)
If the city manager or their designee or city council denies a gas well operations permit application for reasons other than lack of required distance as set out in this chapter for the requested gas well operations permit, the operator shall be notified in writing of such denial stating the reasons for the denial. Within 30 days of the date of the written decision of the city manager or their designee or the city council to deny the gas well operations permit, the operator may:
(1) 
Cure those conditions that caused the denial and resubmit the application to the planning and development department for approval and issuance of the gas well operations permit; or
(2) 
File an appeal to the city council under the provisions outlined in section 40-20 of this chapter.
(Ordinance 1852, § 1, 6-23-09)
(a) 
Applications for amended gas well operations permits shall be in writing, shall be signed by the operator, and shall include the following:
(1) 
A nonrefundable permit fee as approved by action of the city council. The applicant/operator, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical advisor to review the application and/or information supplement;
(2) 
A description of the proposed amendments;
(3) 
Any changes to the information submitted with the application for the existing gas well operations permit (if such information has not previously been provided to the city);
(4) 
Such additional information as is reasonably required by the planning and development department or the inspection services provider(s) to demonstrate compliance with the applicable gas well operations permit; and
(5) 
Such additional information as is reasonably required by the city or the inspection services provider(s) to prevent imminent destruction of property or injury to persons.
(b) 
All applications for amended gas well operations permits shall be filed with the planning and development department and will be reviewed by the inspection services provider(s) and other city departments. Incomplete applications may be returned to the applicant, in which case, the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.
(c) 
If the activities proposed by the amendment are not materially different from the activities covered by the existing gas well operations permit, and if the proposed activities are in conformance with the applicable gas well operations permit, then the city manager or their designee may approve the amendment within ten days after the application is filed.
(d) 
If the activities proposed by the amendment are materially different from the activities covered by the existing gas well operations permit, and if the proposed activities are in conformance with the applicable gas well operations permit, then the city manager or their designee may approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the city manager or their designee might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing gas well operations permit or that was not otherwise taken into consideration by the existing gas well operations permit, the city manager or their designee shall require the amendment to be processed as a new gas well operations permit application.
(e) 
The failure of the city manager or their designee to review and issue an amended gas well operations permit within the time limits specified above shall not cause the application for the amended gas well operations permit to be deemed approved.
(f) 
The decision of the city manager or their designee to deny an amendment to a gas well operations permit shall be provided to the operator in writing within ten days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council pursuant to section 40-20 of this chapter.
(g) 
An operator must submit an application for a new gas well pad site permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) an existing gas well pad site permit.
(Ordinance 1852, § 1, 6-23-09)
(a) 
If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a gas well operations permit (including any requirement incorporated by reference as part of the gas well operations permit), the city or its designee shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days, unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator’s failure to provide periodic reports as required by this chapter.
(b) 
If the operator fails to correct the noncompliance within 30 days from the date of the notice, the city or its designee may suspend or revoke the gas well operations permit pursuant to the provisions of this chapter.
(c) 
No person shall carry on any operations under the terms of the gas well operations permit issued under this chapter during any period of any gas well operations permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the gas well operations permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the gas well operations permit was ordered for the safety of persons or as required by the railroad commission.
(d) 
If the operator does not cure the noncompliance within the time specified in this chapter, the city or its designee, upon written notice to the operator, may notify the railroad commission and request that the railroad commission take any appropriate action.
(e) 
Operator may, within 30 days of the date of the decision of the city or its designee in writing to suspend or revoke a gas well operations permit, file an appeal to the city council under the provisions outlined in section 40-20 of this chapter.
(f) 
If an application for a gas well operations permit is denied by the city manager or its designee, nothing herein contained shall prevent a new permit application from being submitted to the planning and development department for the same well.
(Ordinance 1852, § 1, 6-23-09)
(a) 
The operator shall notify the planning and development department and the inspection services provider(s) of any changes to the following information within five city working days after the change occurs:
(1) 
The name, address, and phone number of the operator;
(2) 
The name, address, and phone number of the person designated to receive notices from the city (which person must be a resident of Texas that can be served in person or by registered or certified mail);
(3) 
The operator’s emergency action response plan (including “drive-to-maps” from public rights-of-way to each drill site).
(b) 
The operator shall notify the planning and development department and inspection services provider(s) of any change to the name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day.
(c) 
The operator shall provide the planning and development department a copy of any “incident reports” or written complaints submitted to the railroad commission within 30 days after the operator has notice of the existence of such reports or complaints regardless of the specifics, causes or basis for the complaint.
(d) 
Beginning on December 31st after each well is completed, and continuing annually thereafter until the operator notifies the planning and development department that the well has been abandoned and the site restored, the operator shall submit a written report to the planning and development department identifying any changes to the information that was included in the application for the applicable gas well operations permit that have not been previously reported to the city. The report shall be due to the planning and development department by December 31st of each year the well is in operation.
(e) 
Requirement to report emergencies.
(1) 
The operator shall immediately notify the planning and development department, the inspection services provider(s) and the fire department of any incident resulting in product loss from a hydrocarbon storage facility or pipeline, blowout, fire, explosion, incident resulting in injury, death or property damage, or any other significant incidents as defined by the railroad commission.
(2) 
A written report, containing a brief summary of the incident, shall be submitted to the planning and development department, the inspection services provider(s) and the fire marshal by 5:00 p.m. on the first business day of the city following the incident.
(3) 
A follow up report shall be submitted to the planning and development department, the inspection services provider(s) and the fire marshal within 30 days following the incident. The follow up report shall contain the following information:
a. 
Operator/applicant name, phone number, address, and, if available, email address.
b. 
Description of the incident including the date, time, location and cause of the incident.
c. 
Duration of the incident, including when it began, when it terminated to the degree that it no longer constituted a hazard to the health, safety and well being of persons or property, regardless of the distance or separation from the place of incident.
d. 
How the incident was brought under control or remedied.
e. 
A full and complete description of the type of investigation or inquiry that was made concerning the incident, the findings thereof, and the action taken as a result of the findings to prevent a recurrence of the incident.
f. 
The report must be signed and dated by the person responsible for such report.
(f) 
The operator shall meet with representatives of the city and the inspection services provider(s) as requested.
(g) 
The city or the inspection services provider(s) may issue a written stop work order to address any violation that affects the health or safety of the community. Failure to immediately comply with a stop work order other than taking those steps necessary to safely secure the operations in progress on the site is a violation of this chapter. Appeals to a stop work order shall be processed as specified in article X of this chapter.
(Ordinance 1852, § 1, 6-23-09)