The exploration, development, and production of oil and gas
in the city are activities that necessitate reasonable regulation
to ensure that all property owners, mineral and otherwise, have the
right to peaceably enjoy their property and its benefits and revenues.
It is hereby declared to be the purpose of this article to establish
reasonable and uniform limitations, safeguards and regulations for
present and future aboveground activity related to oil and gas operation
including the exploring, drilling, developing, producing, transporting
and storing of oil and gas and other substances produced in association
with oil and gas within the city to protect the health, safety and
general welfare of the public; minimize the potential impact to property
and mineral rights owners, protect the quality of the environment
and encourage the orderly production of available mineral resources.
(Ordinance 2017-6 adopted 2/7/17)
All technical industry words or phrases related to the drilling
and production of oil and gas wells not specifically defined in this
article shall have the meanings customarily attributable thereto by
prudent and reasonable oil and gas industry operators. The following
words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Abandonment.
As defined by the Texas Railroad Commission and includes
the plugging of the well and the restoration of any drill site as
required by this article.
Aboveground Activity.
Oil and gas operations that occur at or above the surface
of the ground, as defined by HB 40.
Agent.
A person designated or appointed by an operator to sign the
application for a permit and other documents on behalf of the operator.
Ambient Noise Level.
The all-encompassing noise level associated with a given
environment, being a composite of sound from all sources at the location,
constituting the normal or existing level of environment noise at
a given location.
Building or Habitable Building.
Any structure used or intended for supporting or sheltering
any use or occupancy. The term “building” shall be construed
as if followed by the words “or portions thereof.”
City.
The City of Gonzales.
City Code.
The Code of Ordinances of the City of Gonzales.
Closed Loop Mud System.
A system utilized while drilling so that reserve pits are
not used and instead steel bins are used to collect all drilling waste.
Daylight.
The period from sunup to sundown as established for the Gonzales,
Texas area by NOAA Solar Calculator, adjusted for daylight savings
as necessary.
Decible (DB).
A unit of measuring the intensity of a sound/noise and is
equal to 10 times the logarithm to the base 10 of the ratio of the
measured sound pressure squared to a reference pressure, which is
20 micropascals.
Derrick.
Any portable framework, tower, mast and/or structure, which
is required or used in connection with drilling or reworking a well
for the production of oil and gas.
Drill Site.
The premises used during the drilling or re-working of a
well or wells located there and subsequent life of a well or wells
or any associated operations.
Drilling.
Digging or boring a new well for the purpose of exploring
for, developing or producing oil, gas or other hydrocarbons, or for
the purpose of injecting gas, water or any other fluid or substance
into the earth.
Drilling Operations.
Drilling with drill pipe and pit, running casing, circulating
mud and fluids, tripping tools and setting production casing/tubing.
Exploration.
Geologic or geophysical activities, including seismic surveys,
related to the search for oil, gas or other subsurface hydrocarbons.
Federal Motor Carrier Safety Administration (FMCSA).
A separate administration within the United States Department
of Transportation (USDOT), established on January 1, 2000 pursuant
to the Motor Carrier Safety Improvement Act of 1999, dedicated to
improving the safety of commercial motor vehicles (CMV) and saving
lives.
Fee Schedule.
The list of fees found in appendix
A [sic] of the Code of Ordinances of the City of Gonzales.
Flowback.
The process of flowing a completed/fractured well for the
purpose of recovering water and residual sand from the gas stream
prior to sending gas down a sales line.
Gas.
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature and pressure conditions
and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas.
Inspector.
The city inspector or inspectors designated by the city manager
of Gonzales, including city staff or technical advisory consultants.
Nighttime.
The period between sundown to sunup as established for the
Gonzales, Texas area by the NOAA Solar Calendar, adjusted for daylight
savings as necessary.
Oil and Gas Well.
Any well drilled, to be drilled, or used for the intended
or actual production of oil or natural gas. The terms “oil”
or “gas” used in this article shall be interchangeable
and shall mean either an oil well or gas well operation.
Operation Site.
The area used for development and production and all operational
activities associated with oil or gas after drilling activities are
complete.
Operator.
For each well, the person listed on the railroad commission
form W-1 or form P-4 for an oil or gas well that is, or will be, actually
in charge and in control of drilling, maintaining, operating, pumping
or controlling any well, including, without limitation, a unit operator.
If the operator, as herein defined, is not the lessee under an oil
or gas lease of any premises affected by the provisions of this article,
then such lessee shall also be deemed to be an operator. In the event
that there is no oil or gas lease relating to any premises affected
by this article, the owner of the fee mineral estate in the premises
shall be deemed an operator.
Pad Site.
The operations area containing the well or wells and accessory
building and equipment.
Permit.
The surface permit required by the city for any proposed
drill site.
Person.
Both the singular and the plural and means a natural person,
a corporation, association, guardian, partnership, receiver, trustee,
administrator, executor, and fiduciary or representative of any kind.
Protected Use.
A habitable building, including but not limited to, a residence,
religious institution, public building, hospital building, school
or public park. Structures such as equipment buildings, pump houses
and agricultural barns that are occupied on a daily basis for less
than four (4) hours each day shall not be considered a protected use.
Public Building.
All buildings used or designed to and intended to be used
for the purpose of assembly of persons for such purposes as deliberation,
entertainment, amusement, or health care. Public buildings include,
but shall not be limited to, churches, schools, theaters, assembly
halls, auditoriums, armories, mortuary chapels, dance halls, exhibition
halls, museums, gymnasiums, bowling lanes, libraries, skating rinks,
courtrooms, restaurants, hospitals.
Public Park.
Any land area dedicated to and/or maintained by the city
for traditional park-like recreational purpose.
Religious Institution.
Any building in which persons regularly assemble for religious
worship and activities intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief.
Residence.
A house, duplex, apartment, townhouse, condominium, manufactured
home or other building designed for dwelling purposes, including those
for which a building permit has been issued on the date the application
for an surface permit is filed with the city secretary.
Rights-of-Way.
Public rights-of-way including streets, easements and other
property within the city and which is dedicated to the use and benefit
of the public.
Safety Data Sheet (SDS).
Formerly known as MSDS or material safety data sheets to
communicate the hazards of hazardous chemical products.
School.
Any public and private, primary and secondary educational
facilities providing education up through and including the twelfth
grade level and any licensed day-care centers, meaning a facility
licensed by the state or by the city that provides care, training,
education, custody, treatment or supervision for more than six children
under 14 years of age, and less than 24 hours per day.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking
area or other public right-of-way, including the entire right-of-way.
Surface Permit.
The permit required by the city signifying the city regulation
of the aboveground activity related to an approved commission permit
to drill an oil or gas well.
Tank.
A container, covered or uncovered, used in conjunction with
the drilling or production of oil, gas or other hydrocarbons for holding
or storing fluids.
Technical Advisor.
Such person(s) familiar with and educated in the oil or gas
industry or the law as it relates to oil or gas matters who may be
retained from time to time by the city.
Well.
A hole or holes, bore or bores, to any horizon, formation,
or strata for the purpose of producing gas, liquid hydrocarbon, brine
water or sulphur water, or for use as an injection well for secondary
recovery, disposal or production of gas, or other hydrocarbons from
the earth.
(Ordinance 2017-6 adopted 2/7/17)
(a) Authority
to Issue Orders.
The city inspector shall the authority
to issue any orders or directives required to carry out the intent
and purpose of this article and its particular provisions. Failure
of any person to comply with any such order or directive shall constitute
a violation of this article. The city inspector may be a city staff
member or may be a third-party consultant retained by the city.
(b) Authority
to Enter and Inspect.
The city inspector shall have the
authority upon notice to the operator to enter and inspect any premises
covered by the provisions of this article to determine compliance
with the provisions of this article and all applicable laws, rules,
regulations, standards or directives of the state. Failure of any
person to permit access to the city inspector shall constitute a violation
of this article. The city inspector shall conduct periodic inspections
at least once a year of all permitted drill sites in the city to determine
that the drill sites are operating in accordance with proper safety
parameters as set out in this article and all regulations of the commission.
(c) Authority
to Request Records.
The city inspector shall have the
authority to request and receive any records, including any records
sent to the commission, logs, reports, and the like, relating to the
status or condition of any permitted well necessary to establish and
determine compliance with the applicable surface permit. Failure of
any person to provide any such requested material shall be deemed
a violation of this article.
(d) Report
Violations.
The city inspector will report any perceived
violation of commission rules and regulations (i.e. spillage) to the
commission within twenty-four (24) hours after observation or after
confirming a report from a citizen.
(Ordinance 2017-6 adopted 2/7/17)
Every operator of any well shall designate an agent, who is
a resident of the state, upon whom all orders and notices provided
in this article may be served in person or by registered or certified
mail. Every operator so designating such agent shall within one business
week notify the city inspector in writing of any change in such agent
or such mailing address unless operations within the city are discontinued.
(Ordinance 2017-6 adopted 2/7/17)
(a) Permit
Required.
A person wanting to engage in and operate in
oil and gas production activities shall apply for and obtain a surface
permit from the city after receiving the approved commission permit
to drill. The permit shall be for all aboveground activity related
to oil and gas operation. 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, reworking, fracturing or operation of any such
well or to conduct any activity related to the production of oil or
gas without first obtaining a surface permit issued by the city in
accordance with the article. Such activities include, but not limited
to reworking, initial site preparation, drilling, operation, construction
of rigs or tank batteries, fracturing and pressurizing.
(b) No
Blanket Permits.
The operator must apply for and obtain
a surface permit for each drill site. Each proposed drill site shall
require a separate permit and shall not be permitted on a “blanket”
basis.
(c) Permit
Required to Re-Enter Abandoned Well.
A surface permit
shall not constitute authority for the re-entering and drilling of
an abandoned well. An operator shall obtain a new surface permit in
accordance with the provision of this article if the operator is re-entering
and/or drilling an abandoned well.
(d) Permit
Expiration Date.
A surface permit shall automatically
terminate, unless extended for one additional period, if drilling
is not commenced within one hundred eighty (180) calendar days from
the date of the issuance of the surface permit. Drilling must commence
within one hundred eighty (180) calendar days from the date of the
issuance of the surface permit in order to maintain the validity of
the surface permit. The city inspector may extend a surface permit
for an additional one hundred eighty (180) calendar days upon request
by the operator and proof that the engineering site plan for the requested
surface permit for such location has not changed.
(e) Other
Permits May be Necessary.
The surface permits required
by this article are in addition to and are not in lieu of any permit,
which may be required by any other provision of this code or by any
other governmental agency.
(f) No
Additional Permits or Fees.
No additional surface permit
or filing fees shall be required for:
(1) Existing Wells.
Any wells, existing, previously permitted
or approved by the city, within the corporate limits of the city on
the effective date of this article;
(2) Drilling Commenced on Effective Date of Article.
Any
wells which drilling has commenced on the effective date of this article;
(3) Land Annexed After Effective Date of Article.
Any wells
in existence or on any wells on which drilling has commenced on land
annexed into the city after the effective date of this article; or
(4) Application Filed Prior to Annexation.
Any well that
was planned for the land before the ninetieth (90th) calendar day
before the effective date of its annexation and one or more licenses,
certificates, permits, approvals, or other forms of authorization
by a governmental entity were required by law for such well and the
completed application for the initial authorization was filed before
the date the annexation proceedings were instituted.
(g) No
Permit Issued in Floodway.
No surface permit shall be
issued for any well to be drilled within any floodway as defined by
the most current FEMA map.
(h) Permit
in Floodplains.
Surface permits may be issued on property
located in a floodplains, provided that all water and drilling materials
must be in steel containers except for the concrete pad. An engineer’s
certificate shall be provided showing no negative impact on water
flow in the floodplains.
(i) City-Owned
Property.
No surface permit shall be issued for any well
to be drilled on city-owned property without the prior consent of
the city council.
(j) Operator
Agrees to Comply with Article.
By acceptance of any surface
permit issued pursuant to this article, the operator expressly stipulates
and agrees to be bound by and comply with the provisions of this article.
The terms of this article shall be deemed to be incorporated in any
surface permit issued pursuant to this article with the same force
and effect as if this article was set forth verbatim in such surface
permit.
(Ordinance 2017-6 adopted 2/7/17)
(a) The
surface permit may only be issued subsequent to a commission-approved
permit associated with exploration, drilling, production and transportation.
(b) Application
in Writing.
Every application for a surface permit issued
pursuant to this article shall be in writing signed by the operator,
or an appointed agent duly authorized to sign on his behalf, and filed
with the city secretary of the city. As soon as practical, city secretary
shall have the application delivered to the city inspector.
(c) Application
Accompanied by Permit Fee.
Every application shall be
accompanied by a permit fee for each drill site as set forth in the
master rate and fee schedule.
(d) Application
Shall Include.
An application for a surface permit shall
include all the requirements of this section of this article as well
as impacted vegetation, creeks and other topographic features, adjacent
building and other structures and the measured distance from the well
site to these buildings and structures, temporary and permanent fencing
and landscaping. The application shall include the following information:
(1) Date.
The date of the application for a surface permit.
(2) Legal Description.
An accurate legal description of
the lease property to be used for the oil or gas operation. Property
recorded by plat should reference subdivision, block and lot numbers.
(3) Map.
Map showing proposed transportation route and road
for equipment, chemicals or waste products used or produced by the
oil or gas operation and the number of truck trips, truck types and
weight, loaded and unloaded, turning movements associated with truck
and vehicle traffic, proposed access points and proposed traffic-control
devices.
(4) Well Name.
Proposed well name.
(5) Surface Owner Name.
Surface owner name(s) and address(es)
of the lease property.
(6) Name Mineral Lessee.
Mineral lessee name and address.
(7) Name Operator.
Operator/applicant name and address and
if the operator is a corporation, the state of incorporation, and
if the operator is a partnership, the names and address of the general
partners.
(8) Person to Receive Reports.
Name and address of individual
designated to receive notice.
(9) Supervisory Authority.
Name of representative with supervisory
authority over all oil or gas operation site activities and a 24-hour
phone number.
(10) Location of Improvements.
Location and description of
all improvements and structures within three hundred (300') feet of
the well.
(11) Owners.
Owner and address of each parcel of property
within three hundred (300') feet of the proposed drill site.
(12) Site Plan.
A site plan of the proposed operation site
showing the location of all improvements and equipment, including
the location of the proposed well(s) and other facilities, including,
but not limited to, tanks, pipelines, compressors, separators and
storage sheds. The site plan shall include all existing utilities,
public roadways, driveways alleys, all public access points, floodways
and floodplains.
(13) Emergency Contact Person.
The name, address and 24-hour
phone number of the person to be notified in case of an emergency.
(14) Road Maintenance Agreement.
An original executed citywide
road maintenance agreement signed and approved by city must be filed
with the city secretary that provides that the operator shall repair,
at his own expense, damage to roads or streets caused by the use of
heavy vehicles for any activity associated with the preparation, drilling,
production, transportation and operation of oil and or gas wells,
in accordance with the rights of the city to regulate aboveground
activity. City shall determine degree of damage and dollar amount
owed. Failure of operator to reimburse city within 30 days of billing
may result in forfeiture of security bond.
(15) Public Utilities.
A description of public utilities
required during drilling and operation.
(16) Water Source.
A description of the water source to be
used during drilling.
(17) Fees.
All required application and surface permit fees
as stated in the master rate and fee schedule.
(18) Noise Management Plan.
A noise management plan complying
with all requirements of the city. The noise management plan shall
address the following:
(A) Description of proposed equipment and potential noise impacts. This
analysis must include a comparison of the potential noise generation
with the applicable noise standards;
(B) Identify all noise mitigation techniques that will be implemented
on the site including blankets/curtains, sound walls, and mufflers
for generators and motors, if any;
(C) Best management practices used to reduce the impact of noisier operations
such as pipe deliveries and use of horns for communication; and
(D) Maximum noise levels anticipated at the drill site.
(19) Screening.
A screening, fencing and landscape plan detailing
compliance with all and escape and screening requirements required
by this article, including a proposed schedule detailing the timing
of all landscaping, screening and fencing to be installed.
(20) Irrigation Plan.
A landscape irrigation plan as designed
by a state-licensed professional detailing the appropriate type of
irrigation for the site; measures to be taken to adequately irrigate
all landscaping, including indicating the water source for irrigation
and the proposed efforts to replace dead or dying screening vegetation.
All trees on site shall be irrigated by a bubbler system.
(21) Encroachment Agreement.
A copy of all applicable right-of-way
encroachment agreements.
(22) Dust Mitigation Plan.
A dust mitigation plan detailing
measures to be implemented to mitigate and suppress dust generated
at the drill site and the private vehicle access route, including
a mud shaker for vehicles exiting the site.
(23) Waste.
A waste management plan that addresses human,
solid and drilling production waste.
(24) Third-Party Contracts.
Copies of all third-party contracts
related to:
(A) Emergency services, including firefighting and control of well;
(B) Site operations and maintenance; and
(C) Well monitoring and testing.
(25) Commission Permit Required.
A copy of the approved commission
permit to drill together with attachments and survey plats which are
applicable to the drill and operation sites.
(26) Stormwater Pollution.
A copy of the stormwater pollution
prevention plan as required by the Environmental Protection Agency.
A copy of the notice of intent shall be submitted to the city five
(5) calendar days prior to the commencement of any onsite activity.
(27) Depth of Usable Water.
A copy of the determination by
the Texas Commission on Environmental Quality (TCEQ) of the depth
of usable quality groundwater.
(28) Insurance and Security.
Evidence of insurance and security
requirements under this article.
(29) Sworn Statement.
A statement, under oath, signed by
the operator, or designated representative, that the information submitted
with the application is, to the best knowledge and belief of the operator
or designated representative, true and correct.
(Ordinance 2017-6 adopted 2/7/17; Ordinance 2021-24 adopted 9/9/21)
(a) Permit
Required.
A surface permit shall be required for all
proposed drill sites.
(b) Setback.
Any application that has proposed a drill site that is three
hundred feed (300') or less from a protected use shall be rejected.
This provision applies to any existing building, including but not
limited to, a residence, religious institution, public building, hospital
building, school or public park or for which a building permit has
been issued on the date the application for a permit is filed with
the city secretary. Drill sites located more than three hundred feet
(300') from such properties, may be approved by the city inspector.
For the purpose of such surface permit, the measurement of the three
hundred feet (300') distance shall be made from the well bore, in
a straight line, without regard to intervening structures or objects,
to the closest exterior point of the building.
(c) Notice
and Sign.
Upon notification by the city inspector that
the permit application is complete, within ten (10) days, operator/applicant
shall publish notice in local newspaper for two consecutive weeks
that a permit application has been submitted to the city. Notice shall
contain location of proposed well, name of operator/applicant, mineral
lessee name and contact information for operator/applicant and city
inspector. Notice shall direct questions to operator/applicant and
concerns to city inspector. In addition, within the ten (10) days,
a sign will be erected on the drill site or the nearest public right-of-way,
if the sign would not be visible from the drill site. Sign shall indicate
that an oil or gas well is proposed for the site, name of operator/applicant
and contact information for operator/applicant and the city inspector.
(d) Permitting
Procedure.
After a complete permit application is submitted,
the city inspector shall evaluate the public impact of the proposed
activity. The city inspector shall consider the proposed site and
the proposed aboveground activity related to oil and gas operation
or drilling program and shall identify restrictions or conditions,
including minimum separation distance for drilling or other operation,
special safety equipment and procedures, noise reduction levels, screening
and any other requirements the city inspector deems appropriate. If
the proposed drill site is located more than three hundred feet (300')
from a protected use for which a building permit has been issued on
the date the application for a permit is filed with the city, the
inspector may, consistent with state law, accept or reject the application
in the interest of securing compliance with this article, this code
and/or to protect the health, safety and welfare of the community.
An applicant may appeal a decision of the city inspector through the
city manager to the city council.
(e) Well
and Tank Battery Setbacks for Surface Permit.
(1) Setback From Parks.
Tank batteries, storage tanks, facilities
and equipment, other than the well itself, shall be located at least
three hundred feet (300') from any public park or from any protected
use (unless prior consent is obtained through the city manager). The
distance shall be calculated from the closest tank batteries, facilities
and/or equipment, in a straight line, without regard to intervening
structures or objects, to the closest exterior point of the building,
or to the closest property line of the park.
(2) Landscape Buffer.
There will be a minimum twenty-five
feet (25') landscape buffer on all sides of the area adjacent to and
outside of the fencing on any pad site.
(f) Fencing
for Surface Permit.
(1) Fencing.
Fences shall not be required on drill sites
during initial drilling, completion or re-working operations as long
as 24-hour on-site supervision is provided. Within thirty (30) calendar
days after production has been established, the operation site shall
be completely enclosed by an opaque fence or separate opaque fences
may be installed to enclose individual facilities on drill site, such
as pump jack, storage tanks or other production related facilities.
The fences shall be a minimum height of five feet (5') and not higher
than eight feet (8'). All shall be built in a manner that is safe
enough to protect children in accordance with the attractive nuisance
doctrine. In addition to fences, a secured entrance gate shall be
required. All gates are to be kept locked when the operator or his
employees are not within the enclosure.
(2) Gate Specification.
The gate shall meet the following
specifications:
(A) Each gate shall be not less than twelve feet (12') wide and the height
of the fence and be composed of two (2) gates, each of which is not
less than six feet (6') wide, or one sliding gate not less than twelve
feet (12') wide. If two gates are used, gates shall latch and lock
in the center of the span. If fencing is intended to protect pump
jack, storage tanks or other production related facilities and no
trucks will be inside enclosure, city inspector may specify a reasonable
size walk through gate;
(B) The gates shall be of metal frame construction that meets the applicable
specifications, or of other approved material;
(C) The gates shall be provided with a combination catch and locking
attachment device for a combination padlock, and shall be kept locked
except when being used for access to the site;
(D) Operator must provide the fire department chief and the city inspector
with a “Knox Padlock” or “Knox Box with a key”
to access the drill site to be used only in case of an emergency.
The fire chief shall determine the type. In the event a key is not
provided or the lock is inoperable, the fire department shall be authorized
to cut a lock or chain to gain access.
(g) Landscaping.
A plan for landscaping and irrigation shall be provided with
the surface permit application. Landscaping and irrigation shall be
required as determined by city manager or designee along all sides
of the drill site with suitable screening done via combination of
trees and shrubs that complement the natural character of the surrounding
neighborhood. A three feet (3') separation should be maintained between
the fence and vegetative screening. Care should be taken when selecting
trees and shrubs to anticipate the ultimate size of the plant so that
the tree or shrub maintains a three feet (3') separation from the
fence at maturity. Measures should be in place to cease irrigation
once the tree and shrubs are established and shall not be less than
two (2) years, unless the city implements the drought contingency
plan, in which case the irrigation will be in accordance with said
plan. The landscaping within ten years should characterize a natural
screening of the pad site within one hundred feet (100') from all
sides. The site should be well kept and mowed at all times. The following
tree preservation and planting measures are required:
(1) Tree Spacing.
A minimum twenty-five feet (25') landscape
buffer outside the operation site shall contain a tree for every forty
feet (40') linear feet with no more than ten percent (10%) of the
trees of a small canopy and no more than fifteen percent (15%) of
the trees of a medium canopy as identified on the following table.
Existing trees within the buffer may be counted as part of the required
plantings. The following requirements apply to all surface permits.
(A) A minimum retention of twenty-five percent (25%) of the existing
trees will be required as with other land uses unless removal is necessary
for location of equipment as determined by the city inspector.
(B) No more than twenty-five percent (25%) of the same species may be
planted at one (1) site.
(C) A minimum of twenty-five percent (25%) of the planted trees must
be an evergreen species.
(D) The minimum size of tree planted will be three inches (3") in diameter
measured one foot aboveground level. If the tree is multi trunk, the
main stem will be given full credit for its diameter and all other
stems will receive one-half (1/2) credit. The total of all must be
three inches (3") or greater.
(E) All trees that die within two years of the date of project completion
will be replaced by another replacement tree. The replacement tree
carries the same two-year replacement requirement. A replacement tree
that dies within two years of planting will be replaced by the operator
or agent, and a new two-year guarantee will begin at the time of replacement.
(F) All other interpretations of the regulations will be made by the
city.
(2) Desirable Trees.
The following list of trees is considered
desirable and adapted for the city area. Planting of trees from this
list is acceptable. Other trees will be considered by the city and
granted on a case-by-case basis. The approval of additional species
will be judged on adaptability, long-term health and growing characteristic
of the tree type.
Common Name
|
Scientific Name
|
Canopy Size
|
---|
Redbud
|
Cercis Canadensis
|
Small
|
Mexican Plum
|
Prunus Mexicana
|
Small
|
Cherry Laurel
|
Prunus Caroliniana
|
Medium
|
Eve’s Necklace
|
Sophora Affinis
|
Medium
|
Crab Apple
|
Malus Angustifolia
|
Medium
|
Golden Raintree
|
Koelrueteria Paniculata
|
Medium
|
Cado Maple
|
Acer Saccharum
|
Large
|
Red Maple
|
Acer Rubrum
|
Large
|
Bigtooth Maple
|
Acer Grandidentatum
|
Large
|
Bur Oak
|
Quercus Macrocrapa
|
Large
|
Chinquapin Oak
|
Quercus Muhlenbergii
|
Large
|
Live Oak
|
Quercus Virginiana
|
Large
|
Shumard Red Oak
|
Quercus Shumardii
|
Large
|
Texas Red Oak
|
Quercus Texana
|
Large
|
Post Oak
|
Quercus Stallata
|
Large
|
Blackjack Oak
|
Quercus Marilandica
|
Large
|
Pecan
|
Carya Illinoinensis
|
Large
|
Lacebark Elm
|
Ulmus Parvifolia
|
Large
|
Cedar Elm
|
Ulmus Crassifolia
|
Large
|
American Elm
|
Ulmus Americana
|
Large
|
Bald Cypress
|
Taxodium Distichum
|
Large
|
Black Walnut
|
Jugluns Nigra/J. Microcarpa
|
Large
|
Green Ash
|
Fraxinus Pennsylvanica
|
Large
|
Texas Ash
|
Fraxinus Texensis
|
Large
|
Southern Magnolia
|
Magnolia Grandiflora
|
Large
|
(3) Clear Cut Prohibition.
The clear cutting of trees is
prohibited within the city. Cutting of trees, grading and land clearing
may be done, for oil or gas well drilling pad sites, in accordance
with the approved site plan. The remainder of the site beyond the
pad and the landscape buffer shall not be disturbed without approval
in the permit.
(h) Vehicle
Routes for Surface Permit.
(1) Routes.
Vehicles associated with drilling and/or production
in excess of three tons shall be restricted to such streets designated
as either state highway, farm to market, or truck routes or commercial
delivery routes by the city wherever capable of being used. The vehicles
shall be operated on a commercial delivery route only when it is not
possible to use a state highway, farm to market, or truck route to
fulfill the purpose for which such vehicle is then being operated.
Commercial delivery route means any street or highway so designated
by the city council for the use by any commercial motor vehicle, truck-tractor,
trailer, semi-trailer, or any combination thereof. All vehicles shall
comply with Federal Motor Carrier Safety Administration (FMCSA) regulations.
(2) Road Maintenance Agreement.
A citywide road maintenance
agreement will be required for the aboveground activity associated
with any gas or oil well drilling operation that uses city maintained
streets for access to their well site, whether the wells are within
the city limits or outside the city limits. City shall determine the
degree of damage, the amount owed and shall bill the operator annually.
Failure of the operator to pay the amount owed within thirty days
may result in forfeiture of bond or letter of credit.
(3) Streets Free From Debris.
The operator shall keep thoroughfares
throughout the city free from dirt, dust, mud or other debris deposited
by vehicles involved in the well drilling or servicing or pipeline
installation process. The operator shall eliminate dirt, dust, mud
or other debris accumulations within two (2) hours of notification
by the city. If for safety or other reasons, the city elects to perform
the removal, the cost of such removal shall be paid by the operator.
(i) Work
Hours for Surface Permit.
Site development, other than
drilling, shall be conducted only during daylight hours. Truck deliveries
of equipment and materials associated with drilling and/or production,
well servicing, site preparation and other related work conducted
on the drill site shall be limited to daylight hours 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. All formation fracture stimulation operations
shall be conducted during daylight hours as defined by this article.
“Flowback” operations to recover fluids used during fracture
stimulation shall be exempt from work hour restrictions, subject to
compliance with noise restrictions contained in this article. All
workover operations shall be restricted to daylight hours.
(j) Noise
Restrictions for Surface Permit.
In no case shall any
drilling, producing or other operations produce a sound level greater
than 78 decibles (dB) when measured at a distance of three hundred
feet (300') from the production equipment in question. If ambient
noise level exceeds 78 dB, that ambient level will be the maximum
allowable noise level under all circumstances.
(1) Noise Management Plan.
Prior to the issuance of a surface
permit and the commencement of operations, the operator shall submit
a noise management plan, approved by the city, detailing how the equipment
used in the drilling, completion, transportation, or production of
a well complies with the maximum permissible noise levels of this
section. The noise management must:
(A) Identify operation noise impacts;
(B) Provide documentation establishing the ambient noise level prior
to construction of any wellhead, compressor or compression facility;
and
(C) Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including but not
limited to the following:
(i) Nature and proximity of adjacent development, location, and type;
(ii)
Seasonal and prevailing weather patterns, including wind directions;
(iii)
Vegetative cover on or adjacent to the site; and
(iv)
Topography.
The operator shall be responsible for verifying compliance with
this section and the noise management plan after the installation
of the noise generation equipment.
|
(2) Noise Level.
No well shall be drilled, re-drilled or
any equipment operated at any location within the city in such a manner
so as to create any noise which causes the exterior noise level when
measured at the protected use receiver’s/receptor’s property
line or from the closest exterior point of the protected use structure
or inside the protected use structure if access to the property is
granted by the receiver/receptor, that:
(A) Exceeds the ambient noise level by more than (5) dB during daytime
hours and more than three (3) dB during nighttime hours;
(B) Exceeds the ambient noise level by more than ten (10) dB over the daytime average ambient noise level during fracturing operations during daytime hours. No fracturing shall be allowed during nighttime hours except for flowback operations related to fracturing as provided in subsection
(C) below;
(C) Exceeds the ambient noise level by more than three (3) dB during
flowback operations during nighttime hours.
(3) Predrilling Noise Level.
The operator shall be responsible
for establishing and reporting to the city a continuous seventy-two
(72) hour predrilling ambient noise level prior to the issuance of
a surface permit. The seventy-two (72) hour time span shall include
at least twenty-four (24) hour reading during either a Saturday or
Sunday. The operator shall use the prior established ambient noise
level as the base for the installation of any new noise generation
equipment unless the operator can demonstrate that the increase in
the ambient noise level is not associated with drilling and production
activities located either on or off-site.
(4) Citation for Violation.
A citation may be issued immediately
for failure to comply with the provisions of this section. However,
if the operator is in compliance with approved noise management plan,
and a violation occurs, the operator will be given twenty-four (24)
hours form notice of noncompliance to correct the violation from an
identified source before a citation is issued. Additional extensions
of twenty-four (24) hour periods may be granted in the event that
the source of the violation cannot be identified after reasonable
diligence by the operator.
(k) Tank
Specifications for a Surface Permit.
The construction
and installation of all tanks and permanent structures shall conform
to the requirements of the commission and any other local, state or
federal agency. The top of the tanks shall be no higher than fifteen
feet (15'). All tanks shall be set back pursuant to the standards
of the commission and the National Fire Protection Association, but
in all cases, shall be at least twenty-five feet (25') from any public
right-of-way or property line. All transport trucks shall be filled
on site, not on public rights-of-way or streets.
(l) Inclusive
of All Provisions.
All other provisions outlined in this
article shall be required.
(Ordinance 2017-6 adopted 2/7/17)
(a) Permit
Approval or Denial.
It is the responsibility of the city
inspector to review and approve or disapprove based on the criteria
established by this article all applications for surface permits for
drill sites located more than three hundred feet (300') from a protected
use for which a building permit has been issued on the date the application
for a permit is filed with the city inspector. City inspector, within
thirty (30) calendar days of the receipt of a complete application,
and remittance of all fees, insurance and security per the requirements
of this article for a surface permit, shall issue a surface permit
for the drill site, including the installation of the facilities.
(b) Building
Permits Issued on Date of Filing Application.
The provisions
of this article shall apply to any dwellings or buildings for which
an application for a building permit has been submitted on the date
the application for surface permit is filed with the city inspector.
(c) Notice
of Denial.
If the city inspector denies a surface permit
application, he shall notify the operator in writing of such denial
stating the reasons for the denial. Within thirty (30) calendar days
of the date of the written decision of the city inspector to deny
the surface permit, the operator may:
(1) Cure the Reason(s) for Denial.
Cure those conditions
that caused the denial and resubmit the application to the city inspector
for approval and issuance of the surface permit; or
(2) Appeal.
File an appeal through the city manager to the
city council under the provisions outlined in this article.
(Ordinance 2017-6 adopted 2/7/17)
An operator may request to amend a surface permit, to relocate
a drill site or operation site that was shown on the application,
provided the distance from a protected use is not less than three
hundred feet (300').
(Ordinance 2021-24 adopted 9/9/21)
(a) Written
Request.
A surface permit may be transferred upon written
request by the operator with the consent of the city:
(1) Transferee Agreement.
If the transferee agrees to be
bound by the terms and conditions of the current surface permit and
citywide road maintenance agreement;
(2) Update Information.
If all information previously provided
to the city as part of the current surface permit application is updated
to reflect any changes; and
(3) Insurance and Security.
If the transferee provides the
insurance and security required by this article.
(b) Insurance
and Security.
The insurance and security provided by
the transferor shall be released if a copy of the written transfer
is provided to the city. The transfer shall not relieve the transferor
from any liability to the city arising out of the activities conducted
prior to the transfer.
(c) Transfer
Fee.
Applications for the transfer of surface permits
shall be filed with the city secretary. The application fee for the
transfer as set forth in the master rate and fee schedule and shall
accompany each surface permit transfer application.
(Ordinance 2017-6 adopted 2/7/17; Ordinance 2021-24 adopted 9/9/21)
(a) Suspension
or Revocation.
If an operator (or its officers, employees,
agents, contractors, or representatives) fails to comply with any
requirement of a surface permit (including any requirement incorporated
by reference as part of the surface permit), the city inspector 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 periods be
less than thirty (30) calendar 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 article.
(b) Failure
to Correct.
If the operator fails to correct the noncompliance
within thirty (30) calendar days from the date of the notice, the
city inspector may suspend or revoke the surface permit pursuant to
the provisions of this article.
(c) Appeal.
operator may, within thirty (30) calendar days of the date of
the decision of the city inspector in writing to suspend or revoke
a surface permit, file an appeal through the city manager to the city
council under the provisions outlined in this article.
(d) No
Work Performed During Suspension or Revocation.
No person
shall carry on any operations performed under the terms of the surface
permit issued under this article during any period of any surface
permit suspension or revocation or pending a review of the decision
or order of the city in suspending or revoking the surface 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 surface permit was ordered
for the safety of persons or as required by the city council.
(Ordinance 2017-6 adopted 2/7/17)
(a) Report
Timing.
The operator shall notify the city inspector
of any changes to the following information within one business week
after the change occurs:
(1) Name.
The name, address, and phone number of the operator;
(2) Name of Person to Receive Notice.
The name, address,
and phone number of the person designated to receive notices from
the city (which person must be a resident of the state that can be
served in person or by registered or certified mail); and
(3) Emergency Action Response Plan.
The operator’s
emergency action response plan (including “drive-to-maps”
from public right-of-way to each drill site).
(b) Contact
Information for Person with Supervisory Authority.
The
operator shall notify the city inspector of any change to the name,
address, and 24-hour phone number of the phone numbers of the person(s)
with supervisory authority over drilling or operations activities
within one business day.
(c) Incident
Reports.
The operator shall provide a copy to the city
of any “incident reports” or written complaints submitted
to the commission within thirty (30) calendar days after the operator
has notice of the existence of such reports or complaints.
(d) Annual
Report.
Beginning on December 31st after each well is
completed, and continuing on each December 31st thereafter, until
the operator notifies the city inspector that the well has been abandoned
and the site restored, the operator shall submit a written report
to the city inspector identifying any changes to the information that
was included in the application for the applicable surface permit
that have not been previously reported to the city.
(e) Annual
Site Inspection.
The city inspector upon notice to operator
shall perform an annual site inspection to insure that the operator
is conducting operations in compliance with the surface permit and
the provisions of this article and to verify the accuracy of the information
reported pursuant to this section. The operator shall pay an annual
inspection fee in an amount set forth in the master rate and fee schedule.
The annual inspection fee shall be paid no later than May 30th of
each year.
(f) Follow
Up Inspection.
Incidents requiring notification to the
commission shall require a follow up inspection by the city inspector.
The fee for said follow up inspection as set forth in the master rate
and fee schedule. Fee shall be paid within thirty (30) calendar days
of being notified of the need for a follow up inspection.
(Ordinance 2017-6 adopted 2/7/17; Ordinance 2021-24 adopted 9/9/21)
(a) General
Requirements.
The operator shall be required to perform
the items listed below:
(1) Comply with Terms of Article.
Comply with the terms
and conditions of this article and the surface permit issued hereunder.
(2) Restore to Conditions Existing Prior to Operation.
Promptly
clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after
abandonment or completion grade, level and restore such property to
the same surface conditions as nearly as possible as existed before
operations.
(3) Indemnify and Hold Harmless.
Indemnify and hold harmless
the city, its officers, agents, and employees from and against any
and all claims, losses, damages, causes of action, suits and liability
of every kind, including all expenses of litigation, court costs,
and attorney’s fees, for injury to or death of any person or
for damage to any property arising out of or in connection with the
work done by operator under a surface permit:
(A) Where such injuries, death or damages are caused by operator’s
sole negligence or the joint negligence of operator and any other
person or entity; and
(B) Regardless of whether such injuries, death or damages are caused
in whole or in part by the negligence of operator.
(4) Pay Fines.
Promptly pay all fines, penalties and other
assessments, including but not limited to road damage, imposed due
to breach of any terms of the surface permit; and
(5) Restore to Former Condition.
Promptly restore to its
former condition any public property damaged by the oil or gas operation.
(b) Bond.
Prior to the issuance of a surface permit the operator shall
provide the city secretary with a security instrument in the form
of a bond. The bond shall be executed by a reliable bonding or insurance
institution authorized to do business in the state, acceptable to
the city. The bond shall become effective on or before the date the
surface permit is issued and shall remain in force and effect for
at least a period of six (6) months after the expiration of the surface
permit term or until the well is plugged and abandoned and the site
is restored, whichever occurs first. The operator shall be listed
as principal and the instrument shall run to the city, as obligee,
and shall be conditioned that the operator will comply with the terms
and regulations of this article and the city. The city shall be authorized
to draw upon such bond to recover any fines, penalties or road damages
assessed under this article. The original bond shall be submitted
to the city secretary with a copy of the same provided to the city
inspector.
(c) Letter
of Credit.
In lieu of a bond, the operator may choose
to provide, an irrevocable letter of credit which shall be issued
by a reliable bank authorized to do business in the state and shall
become effective on or before the date the surface permit is issued.
The letter of credit shall remain in force and effect for at least
a period of six (6) months after the expiration of the surface permit
term. The city shall be authorized to draw upon such letter of credit
to recover any fines or penalties or road damages assessed under this
article. Evidence of the execution of a letter of credit shall be
submitted to the city secretary by submitting an original signed letter
of credit from the banking institution, with a copy of the same provided
to the city inspector.
(d) Security
Amount.
The principal amount of any security instrument
shall be fifty thousand dollars ($50,000.00) for any singe well. If,
after completion of a well, the applicant/operator, who initially
posted a fifty thousand dollar ($50,000.00) bond or irrevocable letter
of credit has complied with all of the provisions of this article
and whose well is in the producing stage and all drilling operations
have ceased, may submit a request to the city secretary to reduce
the existing bond or irrevocable letter of credit to ten thousand
dollars ($10,000.00) for the remainder of the time the well produces
without reworking. During reworking operations, the amount of the
bond or irrevocable letter of credit shall be maintained at fifty
thousand dollars ($50,000.00). An operator drilling or reworking between
one and five wells at any given time may elect to provide a blanket
bond or irrevocable letter of credit in the principal minimum amount
of one hundred fifty thousand dollars ($150,000.00). If the operator
drills or reworks more than five wells at a time, the blanket bond
or irrevocable letter of credit shall be increased in increments of
fifty thousand dollars ($50,000.00) per each additional well. Once
the wells are in the producing stage and all drilling operations have
ceased, the operator may elect to provide a blanket bond or irrevocable
letter of credit for the remainder of the time the well produces,
without reworking, as follows:
Number of Producing Wells
|
Blanket Bond or Irrevocable Letter of Credit Amount Required
|
---|
Up to 10 Wells
|
$100,000.00
|
Up to 50 Wells
|
$150,000.00
|
More than 50 Wells
|
$200,000.00
|
(e) City
Council to Determine Sufficiency of Security.
If at any
time after no less than a fifteen (15) day written notice to the operator
and a public hearing, the city council shall deem any operator’s
bond or irrevocable letter of credit to be insufficient, it may require
the operator to increase the amount of the bond or irrevocable letter
of credit up to a maximum of two hundred fifty thousand dollars ($250,000.00)
per well.
(f) Written
Notice of Default.
Whenever the city inspector finds
that a default has occurred in the performance of any requirement
or condition imposed by this article, a written notice shall be given
to the operator. Such notice shall specify the work to be done and
the period of time deemed by the city inspector to be reasonably necessary
for the completion of such work. After receipt of such notice, the
operator shall provide the estimated cost and, within the time therein
specified, either cause or require the work to be performed, or failing
to do so, shall pay over to the city one hundred twenty-five percent
(125%) of the estimated cost of doing the work. In no event, however,
shall the cure period be less than thirty (30) calendar 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 article. The
maximum cure period shall not exceed forty-five (45) calendar days.
The city shall be authorized to draw against any bond or irrevocable
letter of credit to recover such amount due from the operator. Upon
receipt of such monies, the city shall proceed by such mode as deemed
convenient to cause the required work to be performed and completed,
but no liability shall be incurred other than for the expenditure
of said sum in hand. In the event that the well has not been properly
abandoned under the regulations of the commission and/or this article,
such additional money may be demanded from the operator as is necessary
to properly plug and abandon the well and restore the drill site in
conformity with the regulations of this article.
(g) Other
Legal Action.
In the event the operator does not cause
the work to be performed and fails or refuses to pay over the city
the estimated cost of work to be done, or the issuer of the security
instrument refuses to honor any draft by the city against the bond
or irrevocable letter of credit, the city may proceed to obtain compliance
and abate the default by way of civil action against the operator,
or by criminal action against the operator, or by both such methods.
(h) Termination
of Securities.
When the well or wells covered by said
bond or irrevocable letter of credit have been properly abandoned
in conformity with all regulations of this article, and in conformity
with all regulations of the commission and notice to that effect has
been received by the city, or upon receipt of a satisfactory substitute,
the bond or irrevocable letter of credit issued in compliance with
these regulations shall be terminated and cancelled.
(i) Insurance.
In addition to the bond or irrevocable letter of credit required
pursuant to this article, the operator shall carry a policy or policies
of insurance issued by an insurance company or companies authorized
to do business in the state. In the event such insurance policy or
policies are cancelled, the surface permit shall be suspended on such
date of cancellation and the operator’s right to operate under
such surface permit shall immediately cease until the operator files
additional insurance as provided herein.
(1) General Requirements Applicable to All Policies.
(A) The city, its officials, employees, agents and officers shall be
endorsed as an “additional insured” to all polices except
employer’s liability coverage under the operator’s workers
compensation policy.
(B) All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (seepage and pollution coverage) and excess or
umbrella liability, which may be on a claims-made basis.
(C) All policies shall be written by an insurer with an A-: VIII or better
rating by the most current version of the A.M. Best Key Rating Guide
or with other financially sound insurance carriers acceptable to the
city.
(D) Deductibles shall be listed on the certificate of insurance and shall
be on a “per occurrence” basis unless otherwise stipulated
herein.
(E) Certificates of insurance shall be delivered to the City of Gonzales,
City Secretary, 820 North St. Joseph, Gonzales, Texas 78629, evidencing
all the required coverage’s, including endorsements, prior to
the issuance of a surface permit.
(F) All policies shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the city.
(G) Any failure on part of the city to request required insurance documentation
shall not constitute a waiver of the insurance requirement specified
herein.
(H) Each policy shall be endorsed to provide the city a minimum thirty
(30) calendar day notice of cancellation, nonrenewal, and/or material
change in policy terms or coverage. A ten (10) calendar days notice
shall be acceptable in the event of nonpayment of premium.
(I) During the term of the surface permit, the operator shall report,
in a timely manner, to the city secretary any known loss occurrence
which could give rise to a liability claim or lawsuit or which could
result in a property loss.
(J) Upon request, certified copies of all insurance policies shall be
furnished to the city.
(2) Standard Commercial General Liability Policy.
This coverage
must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual
liability, underground resources damage, broad form property damage,
independent contractors’ protective liability and personal injury.
This coverage shall be a minimum combined single limit of one million
dollars ($1,000,000.00) per occurrence for bodily injury and property
damage.
(3) Excess or Umbrella Liability.
(A) Five million dollars ($5,000,000.00) excess, if the operator has
a stand-alone Environmental Pollution Liability (EPL) policy. Ten
million dollars ($10,000,000.00) excess, if the operator does not
have a stand-alone EPL policy.
(B) Coverage must include an endorsement for sudden or accidental pollution.
If seepage and pollution coverage is written on a “claims made”
basis, the operator must maintain continuous coverage and purchase
extended coverage period insurance when necessary.
(4) Environmental Pollution Liability Coverage.
(A) Operator shall purchase and maintain in force for the duration of
the surface permit, insurance for environmental pollution liability
applicable to bodily injury, property damage, including loss of use
of damaged property or of property that has not been physically injured
or destroyed; cleanup costs; and defense, including costs and expenses
incurred in the investigation, defense or settlement of claims; all
in connection with any loss arising from the insured site. Coverage
shall be maintained in an amount of at least one million dollars $1,000,000.00)
per loss, with an annual aggregate of at least five million dollars
($5,000,000.00).
(B) Coverage shall apply to sudden accidental pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids or gases, waste material or other irritants,
contaminants or pollutants.
(C) The operator shall maintain continuous coverage and shall purchase
extended coverage period insurance when necessary. The extended coverage
period insurance must provide that any retroactive date applicable
to coverage under the policy precedes the effective date of the issuance
of the permit by the city.
(5) Control of Well.
(A) The policy shall cover the cost of controlling a well that is out
of control, redrilling or restoration expenses, seepage and pollution
damage as first party recovery for the operator and related expenses,
including, but not limited to, loss of equipment, experts and evacuation
of residents.
(B) One million dollars ($1,000,000.00) per occurrence/no aggregate,
if available, otherwise an aggregate of five million dollars ($5,000,000.00).
Five hundred thousand dollars ($500,000.00) sub-limit endorsement
may be added for damage to property for which the operator has care,
custody and control.
(6) Workers Compensation and Employers Liability Insurance.
(A) Workers compensation benefits shall be state statutory limits.
(B) Employers liability shall be a minimum of five hundred thousand dollars
($500,000.00) per accident.
(C) Such coverage shall include a waiver of subrogation in favor of the
city and provide coverage in accordance with applicable state and
federal laws.
(7) Automobile Liability Insurance.
(A) Combined single limit of one million dollars ($1,000,000.00) per
occurrence for bodily injury and property damage.
(B) Coverage must include all owned, hired and not-owned automobiles.
(8) Certificates of Insurance.
(A) The company must be admitted or approved to do business in the state,
unless a Surplus lines insurer writes the coverage.
(B) The insurance set forth by the insurance company must be underwritten
on forms that have been approved by the state board of insurance or
ISO, or an equivalent policy form acceptable to the city, with the
exception of environmental pollution liability and control of well
coverage.
(C) Sets forth all endorsements and insurance coverage according to requirements
and instructions contained herein.
(D) Shall specifically set forth the notice of cancellation, termination,
or change in coverage provisions to the city. All policies shall be
endorsed to read:
“THIS POLICY WILL NOT BE CANCELLED OR NONRENEWED WIHTOUT
THIRTY (30) CALENDAR DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND
THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT
OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN NOTICE IS
REQUIRED.”
(E) Original endorsements affecting coverage required by this section
shall be furnished with the certificates of insurance.
(9) Indemnification and Express Negligence Provisions.
Each
surface permit issued by the city inspector shall include the following
language:
“Operator does hereby expressly release and discharge,
all claims, demands, actions, judgments, and executions which it ever
had, or now has or may have, or assigns may have, or claim to have,
against the City of Gonzales, Texas, and/or its departments, agents,
officers, servants, successors, assigns, sponsors, volunteers, or
employees, created by, or arising out of personal injuries, known
or unknown, and injuries to property, real or personal, or in any
way incidental to or in connection with the performance of the work
performed by the operator under a surface permit. The operator shall
fully defend, protect, indemnify, and hold harmless the City of Gonzales,
Texas, its departments, agents, officers, servants, employees, successors,
assigns, sponsors, or volunteers from and against each and every claim,
demand, or cause of action and any and all liability, damages, obligations,
judgments, losses, fines, penalties, costs, fees, and expenses incurred
in defense of the City of Gonzales, Texas, its departments, agents,
officers, servants, or employees, including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by operator, its agents, assigns, or any third parties on account
of, arising out of, or in any way incidental to or in connection with
the performance of the work performed by the operator under a surface
permit. The operator agrees to indemnify and hold harmless the City
of Gonzales, Texas, its departments, it officers, agents, servants,
employees, successors, assigns, sponsors, or volunteers from any liabilities
or damages suffered as a result of claims, demands, costs, or judgments
against the city, its departments, it officers, agents, servants,
or employees, created by, or arising out of the acts or omissions
of the City of Gonzales occurring on the drill site or operation site
in the course and scope of inspecting and permitting the surface of
the Oil or Gas Wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF GONZALES
OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE
OF INSPECTING AND PERMITTING THE ABOVEGROUND ACTIVITY RELATED TO OPERATIONS
OF THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR
TO INDEMNIFY AND PROTECT THE CITY OF GONZALES, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF
THE NEGLIGENCE OF THE CITY OF GONZALES, TEXAS AND/OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH,
AND/OR DAMAGE.”
(10) Notice.
The individual designated to receive notice
shall be a resident of the state upon whom all orders and notices
provided in this article may be served in person or by registered
or certified mail. Every operator shall within one business week notify
the city secretary in writing of any change in such agent or mailing
address unless operations in the city are discontinued and abandonment
is complete.
(Ordinance 2017-6 adopted 2/7/17)
(a) Onsite
Requirements.
(1) Abandoned Wells.
All wells shall be abandoned in accordance
with the rules of the commission. No structures shall be built over
an abandoned well.
(2) Compliance.
Operator shall comply at all times with
all applicable federal, state and city requirements.
(3) Discharge.
No person shall place, deposit, discharge,
or cause or permit to be placed, deposited or discharged, any oil,
naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse
including wastewater or brine from any oil or gas operation or the
contents of any container used in connection with any oil or gas operation
in, into, or upon any public right-of-way, alleys, streets, lots,
storm drain, pit, ditch or sewer, sanitary drain or any body of water
or watercourse that may ultimately enter into waters of the city,
state or United States.
(4) Dust, Vibration, Odors.
All drilling and production
operations shall be conducted in such a manner as to minimize, so
far as practicable, dust, vibration, or noxious odors, and shall be
in accordance with the best accepted practices incident to drilling
for the production of oil, gas and other hydrocarbon substances in
urban areas. All equipment used shall be so constructed and operated
so that, vibrations, dust, odor or other harmful or annoying substances
or effect will be minimized by the operations carried on at any drilling
or production site or from anything incident thereto, to the injury
or annoyance of persons living in the vicinity; nor shall the site
or structures thereon be permitted to become dilapidated, unsightly
or unsafe. Proven technological improvements in industry standards
of drilling and production in this area shall be adopted as they become
available if capable of reducing factors of dust, vibration and odor.
(5) Electric Lines.
All electric lines to production facilities
shall be located underground. When electric utility lines are located
within three hundred feet (300') of the pad site are determined to
be sufficient for operations, the operator may use fuel-powered generators
only as a backup in the event of a power failure.
(6) Emergency Response Plan.
Prior to the commencement of
any oil, gas or other hydrocarbons production activities, operator
shall submit to the city secretary an emergency response plan establishing
written procedures to minimize any hazard resulting from drilling,
completion or producing of oil or gas wells. Said plan shall use existing
guidelines established by the commission, and any other local, state
or federal agency.
(7) Fire Prevention; Sources of Ignition.
Firefighting apparatus
and supplies as approved by the fire department and required by any
applicable federal, state, or local law shall be provided by the operator,
at the operator’s cost, and shall be maintained on the drilling
site at all times during drilling and production operations. Operators
must identify sites with Hydrogen Sulfide (H2S) producing wells and
provide wind direction socks for those sites at the operator’s
sole cost. The operator shall be responsible for the maintenance and
upkeep of equipment required herein. Each well shall be equipped with
an automated valve that closes the well in the event of an abnormal
change in operating pressure. All wellheads shall contain an emergency
shut off valve to the well distribution line as required by the commission.
(8) Freshwater Wells.
It shall be unlawful to drill any
oil or gas well, the center of which, at the surface of the ground,
is located within one thousand (1,000') feet to any fresh water well,
except for fresh water wells used solely for operation of the oil
or gas operation. The measurement shall be in a direct line from the
closest well bore to the fresh water well bore.
(9) Oil or Gas Emission or Burning Restricted.
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. Venting operations shall be required to comply with
the noise regulations contained in this article.
(10) Grass, Weeds, Trash.
All drill and operation sites shall
be kept clear of high grass, weeds, and trash. All landscaping shall
be continuously maintained in an acceptable manner.
(11) Hazardous Plan.
hazardous materials management plan
shall be on file with the fire marshal, city secretary and the city
inspector. A safety data sheet (SDS) will be maintained at each location
and shall be readily available for fire personnel to review in the
event of an emergency. Additionally, any hazardous materials protected
as “trade secret” shall be disclosed to fire personnel
in the event of an emergency, in accordance with commission rules.
(12) Lights.
No person shall permit any lights located on
any drill or operation site to be directed in such a manner so that
they shine directly on public roads, adjacent property or property
in the general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads and adjacent dwellings and buildings within three hundred feet
(300').
(13) Closed Loop Mud Systems.
A closed loop mud system shall
be used in conjunction with all drilling and reworking operations
for all surface permits, unless specifically waived by the city council.
(14) Private Roads and Drill Sites.
Prior to the commencement
of any drilling operations, all private roads used for access to the
drill site and the operation site itself shall be at least ten feet
(10') wide, have an overhead clearance of fourteen feet (14') and
shall be surfaced with crushed rock, gravel or ore and maintained
to prevent dust and mud. Further, an ample supply of dust suppressant
shall be maintained on any private road used for access to the drill
site so as to prevent dust during the lifetime use of the road. In
particular cases these requirements governing surfacing of private
roads may be altered at the discretion of the city inspector after
consideration of all circumstances including, but not limited to,
the following: distance from public streets and highways; distances
from adjoining and nearby property owners whose surface rights are
not leased by the operation; the purpose for which the property of
such owners is or may be used; topographical features; nature of the
soil; and exposure to wind.
(15) Signs.
(A) A sign shall be immediately and prominently displayed adjacent to
the public right-of-way at the gate on the temporary and permanent
site fencing erected pursuant to this article. Such sign shall be
durable material, maintained in good condition and, unless otherwise
required by the commission, shall have a surface area of not less
than two (2) square feet nor more than four (4) square feet and shall
be lettered with the following:
(iii)
The emergency 911 number; and
(iv)
Telephone numbers of two (2) persons responsible for the well
who may be contacted in case of emergency.
(B) Permanent weatherproof signs reading “danger no smoking allowed”
shall be posted immediately upon completion of the drill site fencing
at the entrance of each drill site and tank battery or in any other
location approved or designated by the fire marshal of the city. Sign
letter shall be four inches (4") in height and shall be red on a white
background or white on a red background. Each sign shall include the
emergency notification numbers of the fire department and the operator,
well and lease designations required by the commission.
(16) Storage of Equipment.
(A) Onsite storage is prohibited on the operation site. No equipment
shall be stored on the drilling or production operation site, unless
it is necessary to the everyday operation of the well. Lumber, pipes,
tubing and casing shall not be left on the operation site except when
drilling or well servicing operations are being conducted on the site.
(B) No vehicle or item of machinery shall be parked or stored on any
street, right-of-way or in any driveway, alley or upon any operation
site which constitutes a fire hazard or any obstruction to or interference
with fighting or controlling fires except that equipment which is
necessary for drilling or production operations on the site. The fire
department shall be the entity that determines whether equipment on
the site shall constitute a fire hazard. Vehicles containing hazardous
materials shall be placarded according to National Fire Protection
Association requirements.
(17) Storage Tanks.
(A) All storage tanks shall be equipped with firewalls, berms or secondary
containment system including lining with an impervious material. The
firewall, berms or secondary containment system shall be in accordance
with the rules of the commission and any other local, state or federal
agency. Drip pots shall be provided at the pump out connection to
contain the liquids from the storage tank.
(B) All tanks shall be set back pursuant to the standards of the commission
and the National Fire Protection Association, but in all cases, shall
be at least twenty-five feet (25') from any public right-of-way or
property line. Each storage tank shall be equipped with a level control
device that will automatically activate a valve to close the well
in the event of access liquid accumulation in the tank.
(C) No meters, storage tanks, separation facilities, or other aboveground
facilities, other than the wellhead and flow lines, shall be placed
within any floodway as defined by the most current FEMA map, without
the prior consent of the city council.
(D) To the extent that it is technically feasible, all storage tanks,
separators and compressors serving multiple wells shall be kept as
a group on a single site.
(18) Tank Battery Facilities.
Tank battery facilities and/or
storage tanks shall be equipped with a remote foam line and a lightning
arrestor system.
(19) Valves.
Each well must have a shutoff valve to terminate
the well’s production. The fire department shall have access
to the drill site to enable it to close the shut-off valve in an emergency.
(20) Waste Disposal.
Unless otherwise directed by the commission,
all tanks used for storage shall conform to the following:
(A) Operator must use portable closed steel storage tanks for storing
liquid hydrocarbons. Tanks must meet the American Petroleum Institute
standards. All tanks must have a vent line, flame arrester and pressure
relief valve. A fence applicable to the issued permit classification
must enclose all tanks. No tank battery/storage tank shall be within
three hundred feet (300') of any dwelling or other combustible structure.
(B) Drilling mud, cuttings, liquid hydrocarbons and all other field waste
derived or resulting from or connected with the drilling, reworking
or deepening of any well shall be processed through a closed loop
mud system. All disposals must be in accordance with the rules of
the commission and any other appropriate local, state or federal agency.
(C) Unless otherwise directed by the commission, waste materials shall
be removed from the site and transported to an offsite disposal facility
not less often than every thirty (30) calendar days. Water stored
in onsite tanks shall be removed as necessary.
(D) All waste shall be disposed of in such a manner as to comply with
the air and water pollution control regulations of the state, and
any other appropriate local, state or federal agency.
(21) Watchman.
The operator must keep a watchman or security
personnel on-site during the drilling or reworking of a well when
other workmen are not on the premises.
(22) Painting.
All production equipment shall be painted
and maintained at all times, including wellheads, pumping units, tanks
and secondary containment. When requiring painting of such facilities,
the city inspector shall consider the deterioration of the quality
of the material of which such facility or structure is constructed,
the degree of rust, and its appearance. Paint shall be of a neutral
color, compatible with surrounding uses. Neutral colors shall include
sand, gray and unobtrusive shades of green, blue, black and brown,
or other neutral colors approved by the city inspector. The color
of all tanks, fixed equipment and painted surfaces, including fences,
shall be the same throughout the pad site.
(23) Hydrogen sulfide.
If a gas or oil field is identified
as a hydrogen sulfide (H2S) field under RRC, TCEQ, or EPA regulations,
or if a well is producing hydrogen sulfide (H2S) gas over applicable
commission, and any other appropriate, state or federal agency standards,
the operator shall immediately stabilize and cease any additional
oil or gas operations of that well or facility.
(24) Saltwater Wells.
No saltwater wells, or disposal wells
shall be located within the city.
(b) Well
Setbacks.
Except as otherwise provided in this section,
it shall be unlawful to drill any well, the center of which, at the
surface of the ground, is located:
(1) Boundary of drill site.
Within twenty-five feet (25')
from the boundary of the drill/operation site;
(2) Storage tank.
Within twenty-five feet (25') from any
storage tank, or source of ignition;
(3) Public street.
Within seventy-five feet (75') of any
public street, road, highway or future street, right-of-way or property
line, or railroad right-of-way;
(4) Protected use.
Within three hundred feet (300') from
any protected use;
(5) Accessory building.
Within one hundred feet (100') of
any building accessory to, but not necessary to the operation of the
well; or
(6) Freshwater well.
Within one thousand feet (1,000') to
any fresh water well. The measurement shall be in a direct line from
the closest well bore to the freshwater well bore.
(c) General
Information.
The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in subsections
(b)(1) through
(6) above.
(1) There
will be a minimum of twenty-five feet (25') landscape buffer on all
sides of the area adjacent to and outside of the fence of the operation
site.
(2) The distance set out in subsection
(b)(1), or
(6) of this section may be reduced at the discretion of the city council. The reduction of the distance requirement for fresh water wells is subject to the commission regulations and any other appropriate local, state or federal agency.
(d) Installation
of Pipelines on, Under or Across Public Property.
(1) Franchise.
The operator shall apply to the city for
a franchise agreement on, over, under, along or across the city streets,
sidewalks, alleys and other city property for the purpose of constructing,
laying, maintaining, operating, repairing, replacing and removing
pipelines so long as production or operations may be continued under
a surface permit issued pursuant to this article. Operator shall:
(A) Not interfere with or damage existing water, sewer or gas lines or
the facilities of public utilities located on, under or across the
course of such right-of-way.
(B) Furnish to the city inspector of the city a plat showing the location
of such pipelines.
(C) Construct such lines out of pipe in accordance with the city codes
and regulations properly cased and vented if under a street.
(D) Grade, level and restore such property to the same surface condition,
as nearly as practicable, as existed when operations for the drilling
of the well were first commenced.
(2) Drilling in Streets Prohibited.
No surface 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 city council. Any consent shall be temporary in nature and
state the number of hours and/or days that any street or alley must
be blocked, encumbered or closed. The decision to authorize a license
agreement in accordance with this section shall in the sole discretion
of the city council.
(Ordinance 2017-6 adopted 2/7/17)
This section applies to new surface permits as well as oil and
gas wells that are in existence at the time of adoption of this article.
All drill sites shall be maintained to this cleanup and maintenance
standard.
(1) Cleanup
After Well Servicing.
After the well has been completed
or plugged and abandoned, the operator shall clean the drill site
or operation site, complete restoration activities and repair all
damage to public property caused by such operations within sixty (60)
calendar days.
(2) Cleanup
After Spills, Leaks and Malfunctions.
After any spill,
leak or malfunction, the operator shall remove or cause to be removed
to the satisfaction of the city inspector all waste materials from
any public or private property affected by such spill, leak or malfunction.
Cleanup operations must begin immediately. If the owner fails to begin
site cleanup within twenty-four (24) hours, the city shall have the
right to contact commission in order to facilitate the removal of
all waste materials from the property affected by such spill, leak
or malfunction.
(3) Free
From Debris.
The property on which a drill site is located
shall at all times be kept free of debris, pools of water or other
liquids, contaminated soil, weeds, brush, trash or other waste material.
(4) Painting.
All production equipment shall be painted and maintained at
all times, including wellheads, pumping units, tanks, and buildings
or structures. When requiring painting of such facilities, the city
inspector shall consider the deterioration of the quality of material
of which such facility or structure is constructed, the degree of
rust, and its appearance. Paint shall be of a neutral color, compatible
with surrounding uses. Neutral colors shall include sand, gray and
unobtrusive shades of green, blue, black and brown, or other neutral
colors approved by the city inspector.
(5) Blowouts.
In the event of the loss of control of any well, operator shall
immediately take all reasonable steps to regain control regardless
of any other provision of this article and shall notify the city inspector
as soon as practicable. The city inspector shall certify in writing,
briefly describing the same to the city manager. If the city inspector,
in his opinion believes that danger to persons and property exists
because of such loss of well control and that the operator is not
taking or is unable to take all reasonable and necessary steps to
regain control of such well, the city inspector may then employ any
well control expert or experts or other contractors or suppliers of
special services, or may incur any other expenses for labor and material
which the city inspector deems necessary to regain control of such
well. The city shall then have a valid lien against the interest in
the well of all working interest owners to secure payment of any expenditure
made by the city pursuant to such action of the city inspector in
gaining control of said well.
(6) Secondary
Containment.
All storage tanks shall be equipped with
a firewall, berm or secondary containment system including lining
with an impervious material. The firewall, berm or secondary containment
system shall be in accordance with the rules of the commission and
any other local, state or federal agency. Drip pots shall be provided
at the pump out connection to contain liquids from the storage tank.
(Ordinance 2017-6 adopted 2/7/17)
(a) Surface
Requirements for Plugged and Abandoned Well.
Whenever
abandonment occurs pursuant to the requirements of the commission,
the operator so abandoning shall be responsible for the restoration
of the drill site to its original condition as nearly as practicable,
in conformity with the regulations of this article.
(b) Abandonment.
Abandonment shall be approved by the city inspector after restoration
of the drill site has been accomplished in conformity with the following
requirements at the discretion of the city inspector:
(1) Derrick.
The derrick and all appurtenant equipment thereto
shall be removed from drill site;
(2) Tanks.
All tanks, towers, and other surface installations
shall be removed from the drill site;
(3) Concrete Foundations.
All concrete foundations, piping,
wood, guy anchors and other foreign materials regardless of depth,
except surface casing, shall be removed from the site, unless otherwise
directed by the commission;
(4) Holes and Depressions.
All holes and depressions shall
be filled with clean, compactable soil;
(5) Waste.
All waste, refuse or waste material shall be
removed from the drill site;
(6) Compliance.
During abandonment, operator shall comply
with all applicable sections in this article; and
(7) Permanent Marker.
A permanent abandonment marker pipe,
with well identity and location permanently inscribed shall be welded
to casing and shall be at least four inches (4") in diameter with
a length of four feet (4') visible aboveground level.
(c) Abandoned
Well Requirement.
The operator shall furnish the following
at the discretion of the city inspector:
(1) Commission Approval.
A copy of the approval of the commission
confirming compliance with all abandonment proceedings under the state
law; and
(2) Notice.
A notice of intention to abandon under the provisions
of this section and stating the date such work will be commenced.
Abandonment may then be commenced on or subsequent to the date so
stated.
(d) Abandonment
Requirements Prior to New Construction.
All abandoned
or deserted wells or drill sites shall meet the most current abandonment
requirements of the commission prior to the issuance of any building
permit for development of the property. No structure shall be built
over an abandoned well.
(Ordinance 2017-6 adopted 2/7/17)
The city may from time to time employ a technical advisor or
advisors who are experienced and educated in the oil or gas industry
or the law as it pertains to oil or gas matters. The function of such
advisor(s) shall be to advise, counsel or represent the city on such
matters relating to oil or gas operations within the city as the city
may want or require and the effect thereof, both present and future,
on the health, welfare, comfort and safety of the citizens of the
city.
(Ordinance 2017-6 adopted 2/7/17)
(a) Site
Plan Required.
All wells drilled, redrilled/reworked
after the passage of this article that are located within the ETJ
of the city shall file a site plan with the city secretary showing
the property boundaries and location of said well and associated equipment.
No fee shall be charged by the city for said filing.
(b) Road
Maintenance Agreement.
Any oil or gas well to be drilled
or being drilled in the ETJ on the effective date of this article,
using trucks larger than 3 tons, that will be traveling on city maintained
streets during drilling, production, transportation or any other related
activity must sign a citywide road maintenance agreement. The agreement
shall provide that the operator shall repair, at his own expense,
damage to roads or streets caused by the use of heavy vehicles for
any activity associated with the preparation, drilling, production,
transportation and operation of oil and or gas wells. City shall determine
degree of damage, dollar amount owed and bill annually. operator shall
provide the number of truck trips, truck types and weights, loaded
and unloaded. Agreement may also contain provisions to protect the
health, welfare and safety of the citizens along the streets being
used, such as, speed limits, other traffic control devices, days and
times of usage, turning movements, noise limitations, etc. Failure
to sign and abide by the citywide road maintenance agreement will
result in the loss of the privilege to use city streets.
(Ordinance 2017-6 adopted 2/7/17)
(a) The
provisions of this section apply to land in the city:
(1) Zoning.
That is subject to any zoning designation which
allows for a single-family dwelling;
(2) Distance.
Where any portion of the boundary of the land
is located within three hundred feet (300') of the boundary of an
existing drill site; and
(3) Plat.
Whose developer is required to have a final plat
prepared and approved pursuant to the subdivision ordinance of the
city.
(b) Plat
Note.
The owner of land meeting the criteria set forth
in this section shall, at the time of platting, include on the face
of the plat, framed in a bold line so that to be distinctly visible,
in capital letters and in a minimum type font size of fourteen (14)
point, the following note: “Lots are located within 300 feet
of an approved oil and gas well site.” The owner of the property
shall complete the blank in the plat note to indicate the lots subject
to this section.
(c) Final
plat.
For the purposes of this section the terms “developer”
and “final plat” shall have the meanings ascribed to them
by the subdivision ordinance of the city.
(Ordinance 2017-6 adopted 2/7/17)
(a) Failure
to Cure.
If the operator does not cure the noncompliance
within the time specified in this article, the inspector, upon written
notice to the operator, may suspend or revoke the surface permit.
(b) File
Appeal.
Operator may, within thirty (30) calendar days
of the date of the decision of the inspector in writing to suspend
or revoke a surface permit, file an appeal through the city manager
to the city council under the provisions outlined in this section.
(c) Council
Appeal.
The city council shall have and exercise the
power to hear and determine appeals where it is alleged there is error
or abuse of discretion regarding the revocation or suspension of any
surface permit issued by the inspector of a surface well permit as
provided by this article. Any person or entity whose permit is suspended
or revoked or whose well or equipment is deemed by the inspector to
be abandoned may, within thirty (30) calendar days of the date of
the written decision of the inspector file an appeal to the city council
in accordance with the following procedure:
(1) Appeal in Writing.
An appeal shall be in writing and
shall be filed in triplicate with the city secretary. The grounds
for appeal must be set forth specifically, and the error described,
by the appellant.
(2) City Council Agenda.
Within thirty (30) calendar days
of receipt of the records, the city secretary shall transmit all papers
involved in the proceeding, place the matter on the city council agenda
for hearing and give notice by mail of the time, place and purpose
thereof to appellant and any other party who has requested in writing
to be so notified. No other notice need to be given.
(d) Fee.
Appeal fees shall be required for every appeal and as set forth
in the master rate and fee schedule.
(e) Decision
Final.
The decision of the city council shall be final.
(Ordinance 2017-6 adopted 2/7/17; Ordinance 2021-24 adopted 9/9/21)
(a) Taking
Application.
Any aggrieved person who believes that an
action taken pursuant to this article by the city council or any officer,
employee or agent of the city would legally constitute a taking of
property without just compensation under the state or United States
Constitution, must file an application with the city council to request
a takings determination.
(b) File
with City Secretary.
The applicant seeking a takings
determination from the city council shall file its application with
the office of the city secretary at least thirty (30) days prior to
the next regularly scheduled city council meeting. The city secretary
shall then forward the takings determination application to the city
council for consideration. The application fee as set forth in the
fee schedule shall accompany each filing.
(c) Evidence
of Takings.
The application shall state the reasons the
applicant believes would support a finding that the city’s application
of the provisions of this article to the applicant’s property
would legally constitute a taking under the state or United States
Constitution and shall include evidence substantiating the purported
diminution in value of the applicant’s property.
(d) Burden
of Proof.
At the takings determination hearing conducted
by the city council, the applicant must present detailed economic
information and other evidence necessary to establish that the city’s
application of the provisions of this article to the applicant’s
property would legally constitute a taking of the property without
just compensation. The applicant has the burden of proof in establishing
that the city’s application of the provisions of this article
to the applicant’s property legally constitutes a taking of
property without just compensation under the state or United States
Constitution.
(e) Council
Powers.
The city council may administer oaths, compel
the attendance of witnesses and require the disclosure of financial
information from the applicant that the city council determines is
necessary to make a determination regarding whether the city’s
application of the provisions if this article to the applicant’s
property legally constitutes a taking of property without just compensation
under the state or United States Constitution.
(f) Council
Finding.
If the council finds in favor of the applicant
it may: (1) grant the relief requested; (2) direct the city manager
to rescind action taken by city staff or agent that formed the basis
of the takings determination application; or (3) direct the city manager
to reconsider action taken by the city staff or agent that formed
the basis of the takings determination application. If the council
denies the application, or after a favorable determination the city
council fails to take action as specified above, the applicant may
appeal the decision or inaction of the city council to the county
or district court of the county in which the affected real property
is located within thirty (30) calendar days of the date that the council
issues its final decision.
(Ordinance 2017-6 adopted 2/7/17)
(a) Unlawful.
It shall be unlawful and an offense for any person to do the
following:
(1) Activities Not Permitted.
Engage in any activity not
permitted by the terms of a surface permit issued under this article;
(2) Failure to Comply.
Failure to comply with any condition
set forth in a surface permit issued under this article; or
(3) Violate Provision.
Violate any provision or requirement
set forth under this article.
(b) Punishment.
Any violation of this article shall be punished by a fine of
not more than two thousand dollars ($2,000.00) per day, subject to
applicable state law. Each day that a violation exists shall constitute
a separate offense. No notice of default required by this article
shall be a precondition to immediate criminal enforcement due to a
violation of this article.
(Ordinance 2017-6 adopted 2/7/17)