The exploration, development and production of gas in the city are activities which necessitate reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this chapter to establish reasonable and uniform limitations, safeguards and regulations for operations related to the exploring, drilling, developing, producing, transporting and storing of gas and other substances produced in association with 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, and gas resources.
(Ordinance 2945, § 2, adopted 7/23/2007)
All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this chapter shall have the meanings customarily attributable thereto by prudent and reasonable gas industry operators. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandonment
means "abandonment" as defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required by this chapter.
Affiliate
means any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question.
All-weather hard surface
means a permanent surface that as a minimum is a base course constructed such that is meets the requirements of the International Fire Code, be at least 20 feet wide, have an overhead clearance of 14 feet, drains appropriately, remains water resistant, is free of litter, debris, weeds, grass or other objectionable materials or objects and is visibly dust free.
Base flood
means the flood having a one percent chance of being equaled or exceeded in any given year.
Berm
means a mound of soil, either natural or man made, used to obstruct a view. The side slope shall not exceed a three foot horizontal and a one foot vertical slope.
Blowout preventer
means a mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected there with, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing the uncontrolled flow of oil, gas and drilling fluids from the well.
Building
means any primary 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."
Cathodic protection
means an electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system.
City
means the City of North Richland Hills, Tarrant County, Texas.
City attorney
means the City Attorney of the City of North Richland Hills, Texas.
City Code
means the Code of Ordinances of the City of North Richland Hills, Texas.
City council
means the governing body of elected officials for the City of North Richland Hills, Texas.
City manager
means the City Manager of the City of North Richland Hills, Texas.
Closed loop system
means a series of tanks including filters separators and shakers on the discharge side of the drilling process that contains by-products of drilling such as cuttings and earthen materials to contain the by-products and recycle usable materials for reuse in the drilling process.
Commission
means the Texas Railroad Commission.
Completion
means the date the work is completed for workover and flowback operations and the crew is released by completing its work or contract or by its employer.
Compressor
means a device that raises the pressure of a compressible fluid such as air or gas. Compressors create a pressure differential to move or compress a vapor or a gas. More than one compressor as in a series may be located on a compressor pad site to adequately compress product.
Customer
means any person located, in whole or in part, within the city.
Day
means a calendar day.
Derrick
means any portable framework, tower, mast and/or structure which is required or used in connection with drilling or re-working a well for the production of gas.
Development review committee (DRC)
is an internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the gas inspector.
Drilling
means digging or boring a hole in the earth for the purpose of exploring for, developing or producing gas or for the purpose of injecting gas, water or any other fluid or substance into the earth.
Drilling equipment
means the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
Drill site
means the immediate area used during the drilling, re-drilling completion or workover of a well.
Emergency response plan
means a plan put in place to deal with emergency situations that may occur at the drill site during all stages of the drilling and production process.
Exploration
means geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons.
Fire department
means the Fire Department of the City of North Richland Hills, Texas.
Flaring
means to dispose of surplus combustible vapors by igniting them in the atmosphere. This process may include the use of a series of secured piping to facilitate flow of gas and a combustion chamber to ignite the gas.
Flow back operations
means activities and processes used to expel water from a well in order to facilitate the production of gas.
Frac tank
means a manmade water storage tank designed using earthen berms to contain water. These can be from existing ponds or other water storage tanks.
Fracturing
means a method of stimulating production from a well by increasing the permeability of the producing formation. Fracturing can be accomplished by the injecting of a fluid carrying propping agents under extremely high hydraulic pressure downward into a well to cause pressure that "cracks" or opens up fractures already present in the formation.
Gas
means 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.
Gas board of appeals
means the board that hears all appeals and deviation requests to this chapter.
Gas inspector
means an individual designated by the city manager or any other person or entity so designated as an inspector by the city manager. The gas inspector will report to the office of the fire marshal.
Gas pipeline construction plans
shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application.
Gas well
means any well drilled, to be drilled, or used for the intended or actual production of natural gas.
Generator plant
means the electrical service generated on site servicing the drilling rig and all associated equipment including personal living quarters.
Grounding and bonding.
The means to ground all power and equipment on the drilling site to prevent electrical discharges and lighting protection.
Isolation valves
means mechanical valves located at pre-designated intervals on gas pipelines to shut the flow of gas in a pipeline to minimize an accidental release in to the environment in the event of an emergency or to facilitate the controlled release of gas in connection with testing, maintenance, repair or inspection of pipelines. Isolation valves may be manually operated, automatic or remotely controlled by the pipeline operator.
Operation site
means the area used for development and production and all operational activities associated with gas after drilling activities are complete.
Operator
means, for each well, the person listed on the Railroad Commission's Form W-1 or Form P-4 for a 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 a gas lease of any premises affected by the provisions of the chapter, then such lessee shall also be deemed to be an operator. In the event that there is no gas lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shall be deemed an operator.
Perforating
means piercing the casing wall and cement in a wellbore by use of explosive charges to create holes through which formation fluids may enter or to provide holes in the casing so that materials may be introduced into the annulus between the casing and the wall of the wellbore.
Permit
means any written license granted by the city for the exploration, development, and production of gas wells issued pursuant to rules and regulations of this chapter.
Person
means 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.
Pipeline(s)
means the pipeline(s) and other facilities approved by the DRC that are installed by pipeline company in the public rights-of-way in accordance with a right-of-way use agreement.
Pipeline company
means the company authorized by an agreement to install and maintain gas pipelines within the city's public right-of-way.
Planning and development department
means the planning and development department of the City of North Richland Hills, Texas.
Planning and zoning commission
means the Planning and Zoning Commission of the City of North Richland Hills, Texas.
Production
means the period after the fracturing and flow back operations have been completed and natural gas has been run thru a series of separators and tank batteries to metering devices and in to the pipeline.
Property lines
means surface property lines per this chapter.
Public building
means 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, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, and hospitals.
Public park
means any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, NRH 2 0 and Iron Horse Golf Course but shall not include privately-owned amusement parks.
Public right-of-way
means public streets, highways, alleys, sidewalks, pathways, trails, and bridges.
Public works department
means the Public Works Department of the City of North Richland Hills, Texas.
Re-drill
means re-completion of an existing well by deepening or sidetrack operations extending more than 150 feet from the existing wellbore.
Religious institution
means 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
means a house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed and accepted by the planning and development department.
Re-working
means re-completion or re-entry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than 150 feet from the existing well bore, or replacement of well liners or casings.
Rig-down.
The day drilling has been completed and the rig is dissembled and all equipment prepared for movement from the pad site.
Right-of-way
means any area of land within the city that is acquired by, dedicated to, or claimed by the city in fee simple, by easement, by prescriptive right or other interest and that is expressly or impliedly accepted or used in fact or by operation of law as public roadway, sidewalk, alley, utility, drainage, or public access easement or used for the provision of governmental services or functions. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved.
Right-of-way maintenance agreement
means a written agreement provided by the city obligating the operator, at his own expense to repair damage, excluding ordinary wear and tear, if any, including but not limited to, public streets, sidewalks, pathways, trails, and bridges. Damages to public rights-of-way caused by the operator or its employees, agents, contractors, subcontractors, or representatives in the performance of any activity associated with the preparation, drilling, production or operation of gas wells authorized by the city shall be repaired out of the operators expense.
Right-of-way use agreement
means the authorization issued to a pipeline company to use the public right-of-ways for (i) the construction, installation, maintenance and repair of pipeline company's pipeline; (ii) the use of such pipeline for the transportation of gas; and (iii) any other directly related uses of the public rights-of-ways, pursuant to and in accordance with a right-of-way use agreement.
Rig-up.
The process of setting up ancillary equipment and the drilling rig in order to begin the drilling process.
School
means 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 of Texas or by the City of North Richland Hills that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours per day.
Street
means any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.
Thoroughfare plan
means the thoroughfare plan approved by the City of North Richland Hills, Texas.
Well
means any single hole or bore 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. For each separate new hole a gas well permit is required.
Wire line logging
means the use of radioactive isotopes which are used when measuring formations within the immediate vicinity of the drilling hole. A permit will be required thru the gas inspector.
Workover
means to perform one or more of a variety of remedial operations on a producing well to try to increase production. Examples of workover operations are deepening, plugging back, pulling and resetting liner, squeeze cement and similar activities.
(Ordinance 2945, § 2, adopted 7/23/2007)