(A) All applications for oil or gas well permits shall be filed with the City Secretary or assigns who shall immediately forward all applications to the Planning and Zoning Commission for review. Incomplete applications shall be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies if requested by the applicant. The city shall retain a processing fee determined by the city. The city may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. All such applications shall be accompanied with an approved permit issued by the Railroad Commission.
(B) The Planning and Zoning Commission shall review each application and shall determine whether the application includes all of the information required by this chapter, whether the application is in conformance with the applicable oil or gas well development plat, applicable conditional use permit or Planned Development Zoning District and whether the application is in conformance with the insurance and security requirements set forth in this chapter. The Planning and Zoning Commission shall forward a written report regarding its determination to the City Council, with a copy provided to the operator.
(C) The Planning and Zoning Commission shall review the application and shall make recommendations to the City Council regarding issuance of the oil or gas well permit. If the City Council approves the oil or gas permit application, the city shall issue an oil or gas permit, which shall be forwarded onto the operator. If after receiving the application, the Planning and Zoning Commission determines that the application is incomplete or that the application is not in conformance with the applicable oil or gas well development plat and/or the applicable conditional use permit, the city may employ a technical advisor under the fire code.
(D) The City Council may condition the release of the approved oil or gas well permit upon the operator providing the security required by this chapter and upon the operator entering into a road repair agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved oil or gas well permit.
(E) Each oil or gas well permit issued by the city shall:
(1) Identify the name of each well and its operator;
(2) Specify the date on which the city issued each permit;
(3) Specify that drilling must commence on the well covered by the permit within 6 months of approval by the city otherwise the permit expires. A 1 year extension of time may be granted if existing conditions are the same;
(4) Specify that once drilling has commenced, the permit shall continue until the well covered by the permit is abandoned and the site restored or within 1 year of the approval date of the permit by the City Council, whichever comes first;
(5) Incorporate, by reference, the insurance and security requirements set forth in this chapter;
(6) Incorporate, by reference, the requirement for periodic reports set forth in this chapter and for notice of activities set forth in this chapter;
(7) Incorporate the full text of the release of liability provisions set forth in this chapter;
(8) Incorporate, by reference, the conditions of the applicable development plat or applicable conditional use permit;
(9) Incorporate, by reference, the information contained in the permit application;
(10) Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules";
(11) Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this chapter;
(12) Contain the name, address, and phone number of the person designated to receive notices from the city, which person must be a resident of Texas that can be served in person or by registered or certified mail; and
(13) Incorporate by reference all other permits and fees required by the fire code.
(F) The decision of the Planning and Zoning Commission to recommend denial of an application for an oil or gas well permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision, if requested by the operator. The City Council shall make the final decision regarding approval of the oil or gas permit.
(G) If an application for a gas well permit is denied by the City Council, nothing herein contained shall prevent a new permit application from being submitted to the city for the same well.
(Ord. 618, passed 3-20-2006)