A. Access:
1. Vehicular access to a natural gas well, oil well or well pad solely via a residential street is prohibited unless it can be proven that the only viable vehicular access to the well site is via the residential route. The use of collector streets is required, unless no viable alternative exists.
2. City adopted standards pertaining to minimum traffic sight distances for all access points shall be adhered to. A stabilized construction entrance shall be installed between the site and the access road pursuant to the Idaho Standards for Public Works Construction.
3. Access directly to State roads from a well site may require an Idaho Transportation Department (ITD) Approach Permit. Prior to initiating any work at a drill site, the City shall be provided a copy of any required approach permit.
4. Access directly to City local streets shall require a Road Repair Agreement with the City prior to initiating any work at well site. Operator shall comply with any generally applicable bonding and permitting requirements for City roads that are to be used by vehicles for site construction, drilling activities and site operations. The Road Repair Agreement must be signed by the operator prior to any operations. The Road Repair Agreement shall cover permitting for any desired use of the City rights-of-way, requirements for road revisions such as for safe driveway approaches, and fees and notice regarding damages or obstructions to City roadways used. The operator may be required by the Public Works Department to regularly clean excessive mud and debris off of access roads. The operator may also be required to pay for traffic control during times of inordinate traffic disturbances that keep people from accessing their homes and businesses as determined by the Public Works Department.
5. No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, oil and gas or petroleum liquids on, under or through the streets, alleys or other properties owned by the City without an easement or right-of-way permit from the City, pursuant to resolution no. 2009-05, as such may be amended, and then only in strict compliance with other City ordinances and all requirements of the City's Department of Public Works.
B. Height:
1. There shall be an exception to the height restrictions contained in this Code for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual time period of drilling or redrilling of an oil or gas well or pad drilling.
C. Setbacks/Location:
1. Oil and gas wells shall not be constructed within one thousand two hundred feet (1,200') of the nearest property line of an existing occupied structure, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within eight hundred feet (800') of a highway.
2. Oil and gas wells may be constructed less than one thousand two hundred feet (1,200') but more than one hundred feet (100') from the nearest property line, or if located on the property, of an existing occupied structure or domestic water well if the operator has obtained the express written permission from the owner of the occupied structure or domestic water well.
3. Oil and gas wells shall not be constructed within one thousand two hundred feet (1,200') of an existing church, school, hospital/medical facility, or places of assembly.
4. Oil and gas wells shall not be constructed within the FEMA special flood hazard area.
5. Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with the City residents' enjoyment of their property and future City development activities as authorized by the City's applicable regulations.
D. Screening And Fencing:
1. Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned 24-hour on-site supervision and security are provided.
2. Upon completion of drilling or redrilling in residential, industrial or commercial zones, security fencing, acceptable to the landowner, the operator, and the City shall be installed within ten (10) days after the completion of the well, at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
3. Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have vehicular openings no less than twenty feet (20') wide, pursuant to International Fire Code requirements for minimum fire lane access. Additional lockable gates used to access oil and gas well sites by foot may be allowed or required, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox system.
4. Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
5. In construction of oil or gas well sites, the natural surrounding should be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Re-forestation/re-vegetation of the well site will be provided by the owner/operator as required by the State Rules Governing Oil and Gas Conservation.
E. Lighting: Lighting at the oil or gas well site, either temporary or permanent, shall be directed downward and inward toward the activity so as to minimize glare on public roads and prevent direct illumination of adjacent properties. Lighting shall be adequate to ensure safety while minimizing the disturbance to adjacent properties.
F. Noise: The City recognizes that oil and gas development is accompanied by inherent noise. However, the operator shall consider, to the extent possible, mitigation of noise resulting from the oil or gas well development. The operator shall comply with the City's noise regulations unless the operator can prove to the City that such noise regulations prohibit operations.
G. Dust Control, Vibrations And Odors:
1. To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct drilling and production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for drilling and production of gas and other hydrocarbons.
2. The operator shall adopt proven technological improvements in industry standards for drilling and production of reducing dust, vibration, and odor.
3. If the City determines that the dust, vibrations, or odors related to the drilling and production use present an unreasonable risk of injury, operations must cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the drilling and production have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install equipment on vehicles to minimize mud and debris with construction of access roads for vehicles exiting the site.
4. Operator shall control fugitive dust arising from operations. Operator shall follow dust control methods approved in the dust control plan. Brine water, sulfur water, water in mixture with any type of hydrocarbon, including used motor oil may not be used for dust suppression.
5. Any unpaved gravel areas shall be covered by a final layer of washed aggregate.
H. Work Hours: Site development, other than initial drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday. Truck deliveries of equipment and materials associated with drilling, drill stem testing, workovers, fracturing, well servicing, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency. The operator may request an exception to this section for good cause shown.
I. Waiver: In the case of an application for permit under this section, a waiver from an imposed condition(s) shall be granted if the provision is in operational conflict with chapter 3, title 47 of the Idaho Code or the Rules Governing Oil and Gas Conservation or if an imposed condition(s) would actually or operationally prohibit the extraction of oil and gas. The applicant will have the burden to show there is an actual or operational conflict and the local and State rules cannot be implemented harmoniously. (Ord. 629, 3-12-2018)