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Cleburne, Texas Code of Ordinances
Cleburne, Texas Code of Ordinances
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
PARALLEL REFERENCES
CHAPTER 118: OIL AND GAS DRILLING; MINERAL EXPLORATION
Section
   118.01   Definitions
   118.02   Permits required
   118.03   Permit application and filing fee; notice of application
   118.04   Well setbacks
   118.05   Permits; issuance or refusal to issue
   118.06   Bond and insurance
   118.07   Suspension or termination of permit; effect
   118.08   Amended permits
   118.085   Transfer of gas well permits
   118.09   Use of streets and alleys
   118.10   Streets and alleys; obstructions; permits
   118.11   Private roads and drill sites
   118.12   Drilling rigs; removal; watchmen
   118.13   Operations and equipment; practices and standards
   118.14   Cleanliness and sanitation
   118.15   Storage tanks and separators; types and requirements
   118.16   Fences, walls, gates and landscaping required
   118.17   Fire prevention; escape of gas; burning; flaring; general requirements
   118.18   Flow lines and gathering lines
   118.19   Periodic reports
   118.20   Appeals
 
   118.98   Violations
   118.99   Penalty
§ 118.01 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONMENT. As defined by the Texas Railroad Commission, includes the plugging of the well and the restoration of any well site as required by this chapter.
      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.
      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 Cleburne, Texas.
      CITY OFFICIAL. The City Manager of the City of Cleburne or any duly authorized representative of the City Manager.
      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.
      COMMERCIAL BUILDING. A building located in a commercial district.
      COMMERCIAL DISTRICT. A commercial district as defined in Chapter 155, Zoning.
      COMMISSION. The Texas Railroad Commission.
      COMPLETION OF DRILLING, RE-DRILLING AND RE-WORKING. The date the work is completed for the drilling, re-drilling or re-working, and the crew is released by completing their work or contract, or by their employer.
      DECIBEL (db). A unit for measuring the intensity of a sound/noise, 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 required or used in connection with drilling or re-working a well for the production of oil or gas.
      DRILL SITE. The premises used during the drilling or re-working of a well or wells located thereon, and during the subsequent life of a well or wells or any associated operation.
      DRILLING. Digging or boring a new well for the purpose of exploring for, developing or producing petroleum, 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, 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.
      GAS. Any fluid, either combustible or noncombustible, produced in a natural state from the earth, and which maintains a gaseous or rarefied state in standard temperature and pressure conditions, and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.
      GAS WELL. Any well drilled, to be drilled, or used for the intended or actual production of natural gas.
      HIGH TRAFFIC AREAS. Any area on the pad site, lease road or production site that is used or can be used by vehicles and equipment.
      INDUSTRIAL BUILDING. A building located in an industrial district.
      INDUSTRIAL DISTRICT. An industrial district or manufacturing district as defined in Chapter 155, Zoning.
      OPERATION SITE. The area used for development, 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 chapter, 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 chapter, the owner of the fee mineral estate in the premises shall be deemed an OPERATOR.
      PERSON. Any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator and a fiduciary or representative of any kind.
      PROPERTY OWNER. Real property surface record owner(s).
      PROTECTED USE. A residence, commercial building, religious institution, public building, hospital building, school, public park or an approved preliminary or final platted residential subdivision.
      PUBLIC BUILDING. All buildings used, or designed 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. Any land area dedicated to and/or maintained by the city for traditional park-like recreation purposes, but shall not include publicly or privately owned golf courses, or privately owned amusement parks.
      RE-DRILL. Re-completion of an existing well by deepening or sidetrack operations extending more than 150 feet from the existing well bore.
      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, 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 permit for mineral exploration or the drilling of a well is filed with the city.
      RESIDENTIAL DISTRICT. A residential district as defined in Chapter 155, Zoning.
      RE-WORKING. Re-completion or re-entry of an existing well within the exiting bore hole, or by deepening or sidetrack operations that do not extend more than 150 feet from the existing well bore, or replacement of well liners or casings.
      RIGHT-OF-WAY. All public rights-of-way or streets or other public property within the city.
      SCHOOL. Any public or private primary and secondary education facility providing education up through and including the twelfth grade level, and any LICENSED DAY CARE CENTER, meaning a facility licensed by the state or the city 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 a day.
      STREET. Any street, highway, sidewalk, alley, avenue, recessed parking area, or other public right-of-way, including the entire right-of-way.
      TANK. A container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids.
      WELL. Any hole or holes, bore or bores, to any sand, horizon, formation, strata or depth for the purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur water, or for the use as an injection well for secondary recovery, disposal or production of gas or other hydrocarbons from the earth.
      WELL BORE. The hole made when a well is drilled.
      WORKOVER OPERATIONS. Work performed in a well after its completion in an effort to secure production where there has been none, or to restore production that has ceased, or to increase production.
   (B)   All technical or oil and gas industry words or phrases used herein and not specifically defined shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
('68 Code, § 19½-1) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11)
§ 118.02 PERMITS REQUIRED.
   (A)   A person wanting to engage and operate in oil or gas production activities shall apply for and obtain a permit under this chapter, indicating in the application the type of permit being requested. It shall be unlawful for any person acting either for him- or herself, or as an agent, employee, independent contractor, or servant for any person, to drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any such well, or to conduct any activity related to the production of oil or gas, without first obtaining a permit issued by the city in accordance with the terms of this chapter.
   (B)   The operator must apply for and obtain a permit for the drilling, re-drilling, deepening, re-entering, activating or converting of each well.
   (C)   A permit shall not constitute authority for the re-entering and drilling of an abandoned well. In accordance with the provisions of this chapter, an operator shall obtain a new permit if the operator is re-entering and drilling an abandoned well.
   (D)   When a permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating or converting of a well, such permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging and abandonment of the well, and/or any other activity associated with mineral exploration at the site of such well; provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening or converting it to a depth or use other than that set forth in the then current permit for such well.
   (E)   Any person who intends to re-work a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion, or to conduct seismic surveys or other exploration activities, shall give written notice to the City Manager no less than ten days before the activities begin. The notice must identify where the activities will be conducted, and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities, and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the City Manager, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities.
   (F)   A permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance of the permit. A permit may be extended by the City Manager for an additional 180 days, upon request by the operator and proof that the classification of the requested permit for such location has not changed. Permit extension must be requested prior to the expiration of the original permit. A permit extension fee of $2,500 must accompany the extension request.
   (G)   The permits required by this chapter 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.
   (H)   No additional permit or filing fees shall be required for:
      (1)   Any wells, existing, previously permitted or approved by the city, within the corporate limits of the city on the effective date of this section; or
      (2)   Any wells on which drilling has commenced on the effective date of this section; or
      (3)   Any wells in existence or any wells on which drilling has commenced on land annexed into the city after the effective date of this section; or
      (4)   Any well that was planned for the land before the 90th 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.
      A person shall have 45 days after the effective date of this section or annexation into the city to designate a gas operation as a preexisting operation, by filing with the City Manager a site plan drawn to scale, showing the proposed location of the well with respect to survey lines, and the proposed associated production facilities, if any.
   (I)   No permit shall be issued for any well to be drilled within any floodway.
   (J)   By acceptance of any permit issued pursuant to this chapter, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any permit issued pursuant to it, with the same force and effect as if this chapter was set forth verbatim in such permit.
('68 Code, § 19½-2) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 8-2002-58, passed 8-27-02; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99
§ 118.03 PERMIT APPLICATION AND FILING FEE; NOTICE OF APPLICATION.
   (A)   Every application for a permit issued pursuant to this chapter shall be in writing, signed by the operator, or some person duly authorized to sign on the operator’s behalf, and filed with the City Secretary.
   (B)   Every application shall be accompanied by a permit fee of $5,000 per well.
   (C)   The application shall include the following information:
      (1)   The date of the application and type of permit requested;
      (2)   An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the Commission. Property recorded by plat should reference subdivision, block and lot numbers.
      (3)   A map showing the proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation.
      (4)   The proposed well name.
      (5)   The surface owner names and addresses of the lease property.
      (6)   The mineral lessee name and address.
      (7)   The 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 addresses of the general partners.
      (8)   The name and address of the individual designated to receive notice.
      (9)   The name and 24-hour phone number of the representative with supervisory authority over all oil or gas operation site activities.
      (10)   The location and description of all improvements and structures within 600 feet of the proposed drill site.
      (11)   The owner and address of each parcel of property within 600 feet of the proposed drill site.
      (12)   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, storage sheds, fencing and any access roads.
      (13)   The name, address and 24-hour phone number of the person to be notified in case of an emergency.
      (14)   The exact and correct acreage of the site for the well described in the permit application.
      (15)   The proposed hole size, casing program and cementing program.
      (16)   Copies of all reports required by the Commission.
      (17)   An original, executed, citywide road maintenance agreement, signed and approved by the city and filed with the City Secretary, that provides that the operator shall repair, at the operator's own expense, any damage to roads, streets, highways or other city property caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, production and operation of gas wells.
      (18)   A description of public utilities required during drilling and operation.
      (19)   A description of the water source to be used during drilling.
      (20)   A copy of the approved Commission permit to drill, together with attachments and survey plats applicable to the drill and operation sites.
      (21)   A written report showing the pre-drilling ambient noise level, measured at the nearest protected use receiver/receptor's property line or 100 feet from the nearest protected use structure (as measured to the closest exterior point of the building), whichever is closer to the receiver/receptor.
      (22)   A copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water.
      (23)   Evidence of insurance and security requirements under this chapter.
      (24)   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.
      (25)   All required application and permit fees.
   (D)   At least 15 days, and not more than 20 days prior to the date of filing of the permit application, the operator shall publish a copy of a notice as outlined below, at the operator's expense, in one issue of a daily newspaper in the city. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application, and will be prima facie evidence of such publication. The notice shall read as follows:
“Notice is hereby given that                           , acting under and pursuant to the Ordinances of the City of Cleburne, Texas, on the      day of               , 20   , intends to file with the City Secretary of the City of Cleburne, an application for a permit to drill, complete and operate a well for oil or gas upon property located at           , Cleburne, Johnson County, Texas, more particularly shown on the map of record in Volume         , Page          , Plat Records of Johnson County, Texas, or per Tax Tract Number        , Johnson County, Texas. Additional information is available by contacting the applicant at 817-_______.”
   (E)   At least 20 days prior to the date of the filing of the permit application, the operator shall, at the operator's expense, erect at least one sign, not less than three feet by three feet, upon the premises upon which a permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property, at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
      (1)   The sign(s) shall substantially indicate that a permit to drill for oil or gas will be requested, the date when the permit application will be filed, and shall further set forth that additional information can be acquired by telephoning the applicant at a number to be indicated on the sign.
      (2)   All signs shall remain in place until final action on the permit application by the City Manager or the City Council, and shall then be removed by the operator.
      (3)    The continued maintenance of any such sign shall not be deemed to be a condition precedent to the holding of any public hearing or to any other official action under this chapter.
   (F)   Upon substantial compliance with this section, all notice provisions contained in this section shall be deemed sufficient.
('68 Code, § 19½-3) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99
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