(a)
In order to hear and decide appeals of orders, decisions, or determinations made by the gas inspector and or the DRC relative to the application and interpretation of this chapter, there shall be and is hereby created a gas board of appeals consisting of members who shall pass on matters pertaining to all gas well applications and permits. The board shall be subject to the Texas Open Meetings Act and Public Information Act.
(b)
The chairpersons of the planning and zoning commission, the zoning board of adjustment, the parks and recreation board, the Keep North Richland Hills Beautiful Commission and the substandard building board shall serve as the gas board of appeals.
(c)
The gas board of appeals is authorized to decide by majority vote requests for deviations specifically authorized by this chapter, such as distance of drilling sites from certain structures and improvements, and hours of operation. The board is likewise authorized to decide by majority vote requests for deviations from landscape and screening requirements and can hear requests for allowing compressors on specific sites within the city. Relevant considerations in determining whether such requests should be granted include the nature and remoteness of the site, the wishes of the owner(s) of the immediately adjacent property impacted by the request, and any proposed measures to offset the impact of the request. The board may impose restrictions to offset the impact of the requests. Requests shall be in writing stating the rationale for the deviation and shall be accompanied by a filing fee of $500.00.
(d)
The gas board of appeals shall have and exercise the authority to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any permit issued hereunder, and as provided by this chapter. Any person or entity whose application is denied by the DRC or whose permit is suspended or revoked may file an appeal to the gas board of appeals. Such appeal shall be in writing, specifying the error or abuse of discretion and shall be accompanied by a filing fee of $500.00. The gas board of appeals shall review the appeal and any other related information. The gas board of appeals in deciding appeals regarding the issuance of a gas well permit or its revocation or suspension shall consider the grounds for the action appealed from and whether an error of fact or in interpretation of these regulations occurred. The board may reverse or modify the action appealed from only upon the concurring vote of 75 percent of the members of the board present and voting. The only basis for a reversal or modification shall be error in applying these regulations; hardship shall be irrelevant.
(e)
Notice shall be provided of the date, time and place of a hearing for each request for a deviation and appeal by mailing such notice to the owner of record of each parcel of property located within 600 feet of the well within the city and to the city secretary of each city within such distance. Such notice shall be mailed at least ten days prior to such hearing.
(f)
Judicial review of board decisions on appeals.
(1)
Any of the following persons may present to a district court of Tarrant County Texas a verified petition stating that the decision of the gas board of appeals is illegal in whole or in part and specifying the grounds of the illegality:
(2)
The petition must be received for filing by the clerk of the district court within ten days after the date the decision is made by the board.
(3)
On the presentation of the petition meeting the foregoing requirements, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after ten days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.
(4)
The board's return must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.
(5)
If after receiving the return the court determines that there is substantial evidence in such return to constitute grounds for reasonable persons to differ as to whether the action of the board in denying the appeal was lawful, the court shall affirm the decision. If the court finds that there is insufficient information contained in such return to make such a determination, and that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision.
(6)
The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs shall not be assessed against the board.
(Ordinance 2945, § 2, adopted 7/23/2007)