It is the purpose of this article to establish safeguards and
regulate the exploring, drilling, developing, producing, transporting,
and storing of oil and gas and other substances produced in association
with oil and gas. The purpose of this article is to promote public
health, safety, and welfare by establishing procedures for review
and approval of oil and gas production site plans and to provide regulations
for present and future operations related to producing and transporting
oil and gas and other substances produced in association with oil
and gas. Additionally, this article establishes a system of local
permits and fees implemented to ensure that entities engaged in the
aforementioned oil and gas production and transportation activities
within the town comply with local ordinances and regulations.
(Ordinance 2011-12-6D, sec. 2.03,
adopted 12/6/11)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Definitions contained in the existing town zoning and subdivision
ordinances, as appropriate, shall apply herein.
Abandonment.
As defined by the railroad commission and includes the plugging
of the well and restoration of the drill site as required by this
article.
Administrator.
The town manager or the town manager’s designated representative
assigned to administer this article.
Ambient noise level.
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location.
Applicant.
A person requesting a permit or certificate for the drilling,
operation, and production of a well, or the installation or operation
of a pipeline, or any other associated activities, as the case may
be, is issued under this article, including but not limited to the
applicant’s heirs, legal representatives, successors or assigns.
Base flood.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Blind/shear ram.
An integral part of a blowout preventer, which serves as
the closing element to an open hole. Its ends do not fit around the
drill pipe but seal against each other and shut off the space below
completely.
Blowout preventer.
A mechanical, hydraulic, pneumatic, or other device or combination
of such devices secured to the top of the well casing, including valves,
fittings and control mechanisms connected therewith, which can be
closed around the drill pipe or other tubular goods which completely
close the top of the casing and are designed to prevent blow outs.
Building.
Any structure used or intended for supporting or sheltering
any use or occupancy, which includes, but not limited to all related
site work and placement of construction materials on the site.
Christmas tree.
The control valves, pressure gauges, and chokes assembled
at the top of a well to control the flow of oil and gas after the
well has been drilled and completed. It is used when reservoir pressure
is sufficient to cause reservoir fluids to flow to the surface.
Closed loop mud system.
An enclosed suite of solids control equipment used for mud
circulation and intended to minimize drilling fluid dilution to provide
for handling of the drilling wastes so that reserve pits are not used.
Compression facility.
Those facilities that compress natural gas after production-related
activities occur.
Conditional use permit or drill site conditional use permit.
A permit recommended by the planning and zoning commission
and authorized by the town council for the use of land or structures
as a drill site and operation site, issued in accordance with this
article and the provisions of the conditional use permit zoning district.
Construction.
Causing or carrying out any building, bulk head, filling,
clearing, excavation or substantial improvement to land or to the
size of any structure.
Daytime.
The period from 7:00 a.m. to 7:00 p.m.
Dedication.
A transfer of an interest in real property to the town for
purposes of complying with regulatory requirements, including but
not limited to a permanent easement or fee simple title for a specific
purpose.
Derrick.
Any portable framework, tower, mast and/or structure that
is required or used in connection with drilling or reworking a well
for the production of oil and/or gas.
Drill site.
The entire area or acreage used during the drilling, redrilling,
or reworking of one or more permitted wells; including storage, trailers,
and parking; prior to the reduction and conversion of the area to
an operation site.
Drilling.
Digging or boring a new well for the purpose of exploring
for, developing or producing oil and/or gas or other hydrocarbons,
or for the purpose of injecting gas, water or any other fluid or substance
into the earth.
Drilling equipment.
The derrick, draw works, power plant, rotary table, pumps,
together with all parts of an apparatus to such structure, and every
piece of apparatus, machinery or equipment used in connection with
drilling and operations.
Environmentally sensitive area.
An area under the jurisdiction of the U.S. Army Corps of
Engineers where scientific, ecological, cultural, or aesthetic features
have been identified by the Corps of Engineers.
Established pipeline corridor.
Either:
(1)
An area within a public right-of-way in which town-owned and/or
franchised utilities are already located or within which franchised
utilities are to be located; or
(2)
A utility easement created to contain either:
(A)
A utility other than a pipeline; or
(B)
A pipeline which preexisted the pipeline under consideration,
provided the location of such pipeline has been approved as part of
a conditional use permit or a variance has been granted under this
article; or
(3)
An easement for a pipeline which was in existence prior to the
effective date of this article.
Excavation.
Any movement or alteration of the surface of the ground by
machinery in conjunction with or anticipation of drilling activities
or construction of a pipeline, including but not limited to scraping
or grading a site.
Exploration.
Geologic or geophysical activities, including but not limited
to surveying and seismic exploration, related to the search for oil
and gas or other sub-surface hydrocarbons.
Filling.
Any addition of rock, dirt, soil, or other earthen material
in conjunction with or anticipation of drilling activities or construction
of a pipeline, including but not limited to disposal of excavated
materials.
Floodplain.
Any land area susceptible to a general and temporary condition
of partial or complete inundation of normally dry land areas in a
base flood from overflow of inland waters or from the unusual and
rapid accumulation or runoff of surface waters from any source, as
designated by the town, the Federal Emergency Management Agency, the
U.S. Army Corps of Engineers, or other regulatory authority.
Frac, fracture, or fracturing.
The process of fracture stimulation of a rock formation,
including but not limited to the process of pumping sand laden fluids
down a well, or any other means used, to stimulate a rock formation.
Franchise.
An agreement between a utility provider and the town authorizing
such utility to utilize public rights-of-way for the location of such
utility’s service lines for the purpose of providing utility
services to the public located within the town.
Franchised utility.
A person authorized to provide utility services to the town
pursuant to a franchise agreement with the town; provided, however,
that such definition shall not extend to any pipelines or other utility
lines which collect or transport gas, hazardous liquids, or chemicals
from wells located within the town into a larger pipeline system,
regardless of whether such pipelines are owned by a person which holds
a franchise within the town for other purposes.
Freshwater intermittent stream.
A body of water that flows only at certain times of the year
in a natural or manmade channel. It can be identified by a “broken
blue line” on the United States Geological Survey maps.
Freshwater perennial stream.
A body of water flowing in a natural or manmade channel yearround,
except during periods of drought. It can be identified by a “continuous
blue line” on the United States Geological Survey maps.
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, and/or any material defined or referred
to as “gas” in the rules, regulations or forms of the
railroad commission.
Green completion.
Using technology to recover gas that may otherwise be vented
or flared during the completion phase of a natural gas well; using
equipment designed to handle high pressure, high rate flowback fluids
so as to safely handle and to sell the natural gas produced during
flowback period; using flowback equipment to separate sand, water
and gas during initial flowback; having a sales line in place prior
to completion of the fracturing process; using the recommended technologies
and practices outlined in the U.S. Environmental Protection Agency
Natural Gas STAR Program and also including, but not limited to, vapor
recovery systems, no-bleed pneumatic valves, flaring and venting bans,
and electric compressors.
Habitable structures.
Structures suitable for human habitation or occupation, including
but not limited to single or multifamily residences, hotels, condominium
buildings, public buildings, buildings for commercial or industrial
purposes and enclosed spaces in which individuals congregate for education,
worship, amusement, or similar purposes, or in which occupants are
engaged at labor, which is equipped with means of egress, light and
ventilation facilities. Each building of a condominium regime is considered
a separate habitable structure, but if a building is divided into
apartments, then the entire building, not the individual apartments,
is considered a single habitable structure. A habitable structure
shall not include accessory buildings, garages and sheds. Any structure
for which a certificate of occupancy is required shall be deemed to
be a habitable structure.
Hazardous liquid.
Any liquid identified as hazardous by any federal or state
law or regulation, including but not limited to those liquids defined
by the railroad commission at 16 Texas Administrative Code, section
8.5, definitions, as amended, specifically including but not limited
to, petroleum or any petroleum product, and any substance or material
which is in a liquid state when transported by pipeline facilities
and which has been determined by the U.S. Secretary of Transportation
to pose an unreasonable risk to life or property when transported
by pipeline facilities. The term shall be enlarged to include liquefied
natural gas and anhydrous ammonia should such materials at any time
be introduced into any pipeline subject to this article. It shall
also include carbon dioxide, defined at 49 CFR 195.2 as a fluid consisting
of more than 90 percent carbon dioxide molecules compressed to a supercritical
state.
Idled pipeline.
A pipeline that has been inactive for at least two years,
regardless of whether there may be specific plans to reactivate the
pipeline.
Inactive pipeline.
A pipeline that has temporarily been taken out of service
for a period of at least six months for hazardous materials or hazardous
liquids, or for a period of at least one year for natural gas, with
the expectation that the pipeline may be reactivated within two years,
even though there may be no specific plans to reactivate the pipeline.
Inspector.
The oil and gas inspector designated by the administrator.
Lightning arrester.
A device incorporated into an electrical system to prevent
damage by heavy surges of high-voltage electricity, such as a stroke
of lightning or voltage surges resulting from mishaps in operations.
Line marker.
A marker identifying the location of a buried pipeline, as
further defined in, and located as required under 49 CFR 192.707.
New pipelines.
Pipelines constructed after the effective date of this article,
provided that the following shall not be included:
(1)
The replacement or repair of any existing pipeline;
(2)
The realignment of a portion of an existing pipeline to a position
that is not greater than 50 feet from its original position; or
(3)
Surface appurtenances added to existing pipelines.
New well.
A new well bore or new hole established at the ground surface
and shall not include the reworking of an existing well that has not
been abandoned unless the reworking involves drilling to a deeper
total depth.
Nighttime.
The period commencing at 7:00 p.m. and ending at 7:00 a.m.
Operation site.
The area used for development and production of oil and gas
and all related operational activities after drilling activities are
complete.
Operations.
Activities leading to and supporting the production of oil,
gas and/or other hydrocarbons.
Operator.
The person listed on the railroad commission form W-1 or
form P-4 for a well as the person that is, has applied for, 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 defined herein, for any well is
not the lessee of any premises affected by the provisions of this
article, then such lessee shall also be deemed to be an operator.
In the event there is no oil and gas lease relating to any premises
affected by this article, the owner of the fee mineral estate in the
premises shall also be deemed an operator.
Pad site.
The area around a well or a proposed well that serves or
is proposed to serve as a foundation for the drilling rig.
Permittee.
Any person authorized to act under a permit or a certificate
issued by the town.
Person.
An individual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity, other noncorporeal legal
entity, the U.S. Government, a state, a municipality (excluding the
Town of Fairview), commission, political subdivision or any international
or interstate body or any other governmental entity.
Pipeline.
All parts of those physical facilities through which gas,
hazardous liquids, or chemicals move in transportation, including
but not limited to pipe, valves, and other appurtenance attached to
pipe, whether or not laid in public or private easement or public
or private right-of-way within the town, including but not limited
to gathering lines, production lines, and transmission lines.
Pipeline or well emergency.
A pipeline or well incident in which any of the following
has occurred or is occurring:
(1)
Fire or explosion not intentionally initiated by the operator
as part of its normal and customary operations (in accordance with
accepted safety practices).
(2)
Release of a gas, hazardous liquid, or chemical that could adversely
impact the environment or health of individuals, livestock, domestic
animals, and/or wildlife within the town.
(3)
Death of any person or individual directly attributable to the
operations of the pipeline or well.
(4)
Bodily harm to any person that results in any of the following:
loss of consciousness, the need to assist a person from the scene
of the incident, or the necessity of medical treatment in excess of
first aid.
(5)
Damage to private or public property not owned by the well operator
or the pipeline operator, as the case may be, in excess of $5,000.00
in combined values, as determined by the administrator.
(6)
The rerouting of traffic or the evacuation of buildings.
Pipeline permit.
A permit applied for and issued or denied pursuant to this
article authorizing the movement of gas, oil, water, or other products
through a pipeline.
Practicable.
That which reasonably may be accomplished, considering the
effectiveness, scientific feasibility, and commercial availability
of current technology and/or techniques, and cost, as determined by
the administrator.
Private residential areas.
Any area which is within the territorial limits of the town
subject to a temporary or permanent residential or multifamily zoning
classification or any area which is designated as residential or multifamily
in the town’s future land use plan, or both.
Protected use area.
The real property used for a residence, church, public park,
public library, hospital, school, or other public facility.
Regulated pipelines.
Those pipelines within the town that under federal and state
rules and regulations are not exempt from town regulations regarding
construction standards, safety standards, or reporting requirements.
Residence.
A building used or intended to be used as a place of general
abode or dwelling place.
Road repair agreement.
A written agreement obligating the operator to repair damage,
excluding ordinary wear and tear, if any, to public streets and related
appurtenances, including but not limited to bridges, caused by the
operator or its employees, agents, contractors, subcontractors, or
representatives in the performance of drilling or production of any
wells authorized by the town.
Street.
The entire width between the boundary lines of the street
right-of-way that is open to the use of the public for purposes of
vehicular travel.
Street right-of-way.
Land dedicated to the town or to public use by plat or by
any dedication deed or other instrument of conveyance, whether held
as an easement, in fee simple, or otherwise, as well as land that
qualifies as a prescriptive easement, or prescriptive right-of-way,
for the construction, use or maintenance of a street or roadway, and
for other public uses typically associated with streets and roadways,
including but not limited to sidewalks and/or adjacent areas included
in such dedication or prescriptive use.
Structure.
Without limitation, any building, or combination of related
components constructed in an ordered scheme that constitutes a work
or improvement constructed on or affixed to land, including but not
limited to habitable structures, partially enclosed structures, and
enclosed tanks.
Supermajority.
A requirement for an item to gain a specified level or type
of support which exceeds a simple majority of fifty percent. A supermajority
shall be established by the town council with five affirmative votes
of approval.
Supervisory control and data acquisition (SCADA).
A system that collects data from various sensors on the drill
site equipment or in close proximity to the drill site and sends this
data to a central computer, which then manages and controls the equipment.
The system usually includes signal hardware (input and output), controllers,
networks, user interface (HMI), communications equipment, and software.
A key process of SCADA is the ability to monitor an entire system
in real time. The system is facilitated by data acquisitions including,
but not limited to, meter reading and sensor status monitoring, which
are communicated at regular intervals depending on the system.
Tank battery.
Point of collection (tanks) and disbursement (tank, meter,
lease automated custody transfer unit) of oil or gas from producing
well(s).
Technical advisor.
A person(s) familiar with and educated in the oil and gas
industry or the law as it relates to oil and gas matters who may be
retained from time to time by the town.
Town.
The Town of Fairview, Texas.
Town regulations.
Any and all town ordinances and other requirements or restrictions
duly adopted by the town, whether or not codified in the Code of Ordinances,
Town of Fairview, Texas.
Unregulated pipeline.
Those pipelines within the town that under federal and state
rules and regulations are exempt from town regulations regarding construction
standards, safety standards or reporting requirements.
Well.
A hole or bore to any horizon, formation, or strata for the
purpose of producing gas, oil, or other hydrocarbons.
Well permit.
A permit, applied for and issued or denied pursuant to this
article, authorizing the drilling, production, and operation of a
well at a drill site.
Workover operations.
Work performed in a well after its completion in an effort
to secure production where there has been none, restore production
that has ceased or increase production.
(Ordinance 2011-12-6D, sec. 2.03,
adopted 12/6/11; Ordinance
2012-1-3A, sec. 2.01, adopted 1/3/12)
(a) Amendments made by ordinance.
The town council may by
ordinance amend, supplement, or change the regulations, standards,
or requirements of this article. Any such proposed change shall be
first submitted to the planning and zoning commission for public hearing
and its recommendation and report.
(b) Requests for amendment or variance.
Any person, corporation,
or group of persons having a proprietary interest in any property,
may petition the town council for a variance from the provisions of
this article by following the procedures set forth in this section.
The planning and zoning commission may, on its own motion, institute
proposals for variances and amendments. All petitions for a variance
shall bear the signature of the owners of the oil and gas production
entity that is the subject of the request.
(c) Variance procedures.
Variances may be sought after issuance
of a conditional use permit for oil and gas well drilling and production
or may be sought concurrently with an application for a conditional
use permit. A variance application that accompanies an application
for a conditional use permit shall be considered in conjunction with
and granted as part of the conditional use permit application by the
town council following a recommendation by the planning and zoning
commission. Each variance request will be listed as a separate item
on both the planning and zoning commission and town council agendas.
The planning and zoning commission and town council may take separate
action on each variance request or may consider all variances collectively.
Any application for a variance shall initially be submitted to the
director of planning. The application must include the following,
where applicable; provided, however, that the provision of the information
below does not automatically result in the approval of the variance
request:
(1) A description of the requested variance and an explanation of why
it should be granted.
(2) A description of alternatives considered and why each is not the
preferred alternative.
(3) A description of the economic consequences if the variance is not
granted.
(4) A description of any other planned uses for the land for which the
variance is sought.
(5) A description of how the level of health, safety, and welfare of
the public will be maintained if the variance is granted.
(6) A description of any special circumstances or conditions applying
to the land for which the variance is sought, including how the circumstances
or conditions are peculiar to such land and do not apply generally
to lands in the same district or neighborhood.
(7) A description of how said circumstances or conditions are such that
the strict application of the provisions of this article would deprive
the applicant of the reasonable use of the land.
(8) A site plan of the site visually depicting the requested variance
if the request for the variance involves the location or orientation
of persons or property.
(9) A notarized consent for the variance signed by all owners of both
the affected surface and mineral interests.
(d) Circumstances justifying variance.
Any modification
of the standards established by this article shall not be granted
to relieve a self-created or personal hardship, nor for financial
reasons only, nor shall such modification be granted to permit any
person a privilege in developing a parcel of land not permitted by
this article to other parcels of land in the same district. Subject
to said limitations on the granting of a variance, where, owing to
special conditions, a literal enforcement of the provisions of this
article will result in unnecessary hardship and where, in the town
council’s judgment, the public convenience and welfare will
be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the town
council may, in specific cases, after public notice and public hearing,
and subject to appropriate conditions and safeguards, authorize the
types of variances specifically described in other sections of this
article. Before granting a variance, the town council must find that:
(1) There are special circumstances or conditions applying to the land
for which the variance is sought, which circumstances or conditions
are peculiar to such land and do not apply generally to lands in the
same district or neighborhood, and that said circumstances or conditions
are such that the strict application of the provisions of this article
would deprive the applicant of the reasonable use of the land.
(2) The granting of such variance will not be detrimental to the public
welfare or injurious to the property or improvements in such zone
or neighborhood in which the land is located.
(3) The granting of the variance is necessary for the reasonable use
of the land and that the variance as granted by the town council is
the minimum variance that will accomplish this purpose.
(4) The literal enforcement and strict application of the provisions
of this article will result in an unnecessary hardship inconsistent
with the general provisions and intent of this article and that in
granting such variance the spirit of this article will be preserved
and substantial justice done.
(e) Conditions of variance.
In granting any variance under
the provisions of this article, the town council may designate such
conditions in connection therewith which, in its opinion, will secure
substantially the purpose and intent of this article.
(f) Supermajority requirements.
In granting any amendment
or variance under the provisions of this article, the town council
shall be required to achieve a supermajority of affirmative votes
in support of the proposed amendment or variance.
(Ordinance 2011-12-6D, sec. 2.03,
adopted 12/6/11; Ordinance
2012-1-3A, sec. 2.02, adopted 1/3/12)