It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ordinance 2003-12, sec. III, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.03)
Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the town shall prepare an oil or gas well development site plan. In addition to the requirements outlined in the oil and gas well development site plan checklist, the following shall apply:
(1) 
All proposed oil or gas developments shall be in compliance with the specific use permit applicable to the oil or gas well location.
(2) 
Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the stormwater pollution plan if required by the EPA.
(3) 
Reserve pits shall be lined to prevent water pollution.
(4) 
With the exception of vehicular access, no development is allowed in a floodplain.
(5) 
Prior to approval of an oil or gas well development site plan, a road repair agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator’s employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved oil or gas well permit must be executed with the town. The town manager shall have the authority to execute the road repair agreement upon approval by the town council.
(6) 
A video documenting the existing conditions will be required prior to approval of the road repair agreement.
(7) 
An oil and gas well development site plan shall:
(A) 
Identify truck routes and access points.
(B) 
Identify environmentally sensitive areas (ESAs), including floodplains and any proposed floodplain, creek and stream crossings.
(i) 
All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10-year storm frequency.
(ii) 
All floodplain crossings shall have no negative affects on surrounding property.
(iii) 
A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed.
(C) 
Identify and indicate the proposed method of erosion control.
(8) 
The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.02)
The drilling and production of an oil or gas well by right or by a specific use permit required by this article shall include the following standards.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A))
(a) 
Site plan.
Drilling or production of a well shall not begin until an oil or gas well development site plan is on file and is in compliance with the provisions outlined in this article and section 14.02.262 of the Code of Ordinances, following approval by the town council upon recommendation from the planning and zoning commission.
(b) 
Supporting facilities.
The development site plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the well development site plan.
(c) 
Driveways and parking spaces.
The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
(d) 
Road repair agreement.
A road repair agreement shall be filed with the community development department of the town.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(1))
(a) 
A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective.
(b) 
Temporary six-foot (6') chain-link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present.
(c) 
A removable masonry product wall surrounding producing sites shall be of sufficient height to shield the permanent enclosed equipment from view or seven and one-half feet (7.5') in height at the top of the wall, whichever is greater, and a wrought iron gate that is a minimum twenty-four feet (24') wide clear opening, and the gate shall remain locked at all times when no one is present. Fencing facing the thoroughfare will be permanent masonry.
(d) 
No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas compressor facilities shall require a specific use permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures.
(e) 
Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a minimum of four-inch (4") lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the railroad commission in two-inch (2") lettering.
(f) 
No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, 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, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the town.
(g) 
All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the town building code.
(h) 
All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator.
(i) 
No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the town without an easement or right-of-way license from the town, at a price to be agreed upon, and then only in strict compliance with this article, with other codes of the town, and with the specifications established by the town.
(j) 
The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction is prohibited unless the operator has first obtained written permission from the community development department, and then only in compliance with specifications established by the department.
(k) 
No oil or gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the town and/or streets or alleys shown by the comprehensive land use plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the community development manager, and then only temporarily.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(2); Ordinance 2007-32, sec. II, (6.01(A)(2)(c)), adopted 11/19/07)
(a) 
Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration.
(b) 
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').
(c) 
The operator shall at all times comply with the rules and regulations of the railroad commission, including but not limited to all applicable field rules.
(d) 
Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300') exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well specific use sites.
(e) 
There shall be no venting of gas into the open air in residential areas except as allowed by the railroad commission and as approved by the fire marshal. In parallel to gas gathering pipelines, a flow-back line shall be installed to handle water and gas flow-back following well fracture treatment.
(f) 
Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public right-of-way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires.
(g) 
Well servicing operations shall be scheduled to occur between the hours of 7 a.m. to 6 p.m., in accordance with the town’s Code of Ordinances.
(h) 
Air, gas, or pneumatic drilling shall not be permitted.
(i) 
For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify the town of any substantial accumulations of dirt, dust, mud or other debris deposited on town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(3))
(a) 
An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the oil and gas development site plan approved by the planning and zoning commission and the town council.
(b) 
The use of centralized tank batteries is permitted as shown on the applicable development site plan.
(c) 
No meters, storage tanks, separation facilities, or other above-ground facilities shall be placed in the one hundred (100) year floodplain.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(4))
(a) 
Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road.
(b) 
Each operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by the railroad commission. If a gas field in the town is identified as a H2S gas field, the operator shall be required to cease operations.
(c) 
All flow lines and gathering lines within the corporate limits of the town (excluding town utility lines and franchised distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended.
(d) 
Easements must be acquired for all flow lines, gathering lines and flow-back lines. The location of easements shall be shown in a map approved by the planning and zoning commission and the town council prior to the installation of any pipelines.
(e) 
Structures shall not be built over flow lines or gas gathering pipelines.
(f) 
The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the town, the distance between such signs shall not exceed five hundred feet (500'). In addition, during backfill of pipeline excavations, “buried pipeline” warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of buried pipeline.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(5))
(a) 
The drilling and production of oil and gas and accessing the oil or gas well site shall be in compliance with all state and federal environmental regulations and shall not occur within environmentally sensitive areas designated by the Corps of Engineers.
(b) 
Oil and gas wells may have a target location or bottom-hole location that is under an environmentally sensitive area when the oil or gas well is drilled directionally from a location outside the environmentally sensitive area.
(c) 
Each producing 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.
(d) 
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 excess liquid accumulation in the tank.
(e) 
Storage tank facilities shall be equipped with a secondary containment system, including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1-1/2) times the contents of the largest tank in accordance with the fire code, and the impervious liner shall be covered with at least one foot (1') of sand. Drip pots shall be provided at pump-out connections to contain the liquids from the storage tank.
(f) 
Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5" National Standard hose thread female inlet connection in locations approved by the fire department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code.
(g) 
An approved hazardous materials management plan shall be on file with the fire department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant.
(h) 
All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface.
(i) 
No structures shall be built over an abandoned well.
(j) 
No salt-water disposal wells shall be located within the town.
(k) 
An impervious lining of all pits shall be required.
(l) 
Following completion of drilling operations or when a drill site is abandoned, the operator shall restore the site within sixty (60) days as near as practical to its pre-drilling condition.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(6))
(a) 
Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable specific use permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the planning and zoning coordinator a copy of additional railroad commission permits that allow drilling to a deeper depth.
(b) 
Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved oil and gas well permit for the well on file with the town.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(7))
Drilling and production of oil and gas wells shall comply with all local, state and federal laws applicable to oil and gas well drilling, production and operations.
(Ordinance 2003-12, sec. II, adopted 8/4/03; 2006 Code, ch. 5, sec. 6.01(A)(8))