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Fort Worth Overview
Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 15-30 PURPOSE.
   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 peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future 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 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 resources.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
DIVISION II: DEFINITIONS
§ 15-31 DEFINITIONS.
   All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this article shall have the meanings customarily attributable thereto by prudent and reasonable gas industry operators. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   ABANDONMENT. As defined by the railroad commission of Texas and includes the plugging of the well and the restoration of any well site as required by this article.
   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.
   BLOWOUT PREVENTER. 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 therewith, 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 blowouts.
   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.”
   CATHODIC PROTECTION. 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.
   CESSATION OF DRILLING ACTIVITIES. The time when the blowout protectors (BOPs) are removed or otherwise rendered inoperable and/or there are no further activities to trip drill pipe, casing or insert other tools into or out of the hole.
   CITY. The City of Fort Worth.
   CITY CODE. The code of the City of Fort Worth.
   CITY ATTORNEY. The city attorney of the City of Fort Worth.
   CITY REGULATED PIPELINES. Those pipelines within the city that under federal and state rules and regulations are not exempt from city regulations and articles regarding mapping, inventorying, locating or relocating of pipelines, including, but not limited to, pipelines over, under, along or across a public street or alley, pipelines from the well to the first point of custody transfer or in private residential areas within the boundaries of the city.
   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.
   COMMISSION. The railroad commission of Texas and all state rules.
   COMMENCEMENT OF DRILLING ACTIVITIES. The reflection of either “spud well” or “nipple up” the blow out protectors (BOP) by the drilling contractors on the IADC-API daily drilling report form maintained by the operator’s tool pusher on the pad site.
   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.
   DAYTIME. The period from 6:00 am to 7:00 pm.
   DECIBEL (dB). A unit for measuring the intensity of a sound/noise and is equal to ten times the logarithm to the base ten of the ratio of the measured sound pressure squared to a reference pressure which is 20 micropascals.
   DEMOBILIZATION. Those activities when the drilling has ceased and the rig equipment and related pad site equipment is being dismantled for the purpose of moving off the drill pad site.
   DERRICK. 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.
   DRILLING. Digging or boring a new well for the purpose of exploring for, developing or producing 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.
   DRILLING OPERATIONS. Drilling with drill pipe and bit, running casing, circulating mud and fluids, tripping tools and setting production casing/tubing.
   EXPLORATION. Geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons.
   FEMA. The Federal Emergency Management Agency.
   FIRM. The flood insurance rate map.
   FIRE DEPARTMENT. The fire department of the City of Fort Worth.
   FLOWBACK. The process of flowing a completed/fractured well for the purpose of recovering water and residual sand from the gas stream prior to sending gas down a sales line.
   FRACTURE or FRACTURING. The process of fracture stimulation of a rock formation.
   FRESHWATER FRACTURE PIT/POND. A pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells.
   FRESH WATER. Water obtained from any source (natural or reuse) that contains 3,000 ppm chlorides or less or as defined by the railroad commission of Texas.
   GAS. 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 DRILLING REVIEW COMMITTEE. A committee consisting of applicable city departments assembled for the purpose of reviewing wells drilled within 600 feet of a protected use without waivers, all pipeline permit applications for gas pipelines through a private residential area, and permit applications involving noncommercial truck routes. A parks advisory board member will be included on the GAS DRILLING REVIEW COMMITTEE when any of the aforementioned reviews affects dedicated public parkland.
   GAS WELL. Any well drilled, to be drilled, or used for the intended or actual production of natural gas.
   HABITABLE STRUCTURE. Any structure for which a certificate of occupancy is required. A HABITABLE STRUCTURE shall not include detached accessory buildings, garages and sheds.
   HOSPITAL BUILDING. Any building used or designed to and intended to be used for medical, surgical, psychiatric, nursing or custodial care on a twenty-four-hour basis, including convalescent facilities, social rehabilitation centers, mental hospitals, detoxification facilities, and alcohol and drug centers.
   INSPECTOR. The gas inspector(s) or other inspectors as needed and as designated by the city.
   LIFT COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.
   LINE COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.
   LINE COMPRESSOR OPERATOR. Any person issued a permit for a line compressor site, and/or who owns, operates, maintains or is responsible for operating a line compressor.
   LINE COMPRESSOR SITE. A land area, as defined and submitted to the city by the line compressor operator, for the purpose of transporting gas through a pipeline by one or more line compressors and all associated operational activities and equipment.
   MOBILIZATION. Those activities when the drilling rig and related equipment and personnel arrive at the well site and are conducting activities to rig up or position the rig equipment at the well and prepare for drilling. This includes all activities and services prior to the drill bit being lowered below the rotary table and entering the conductor pipe in an attempt to make hole (“spud in”) for the first time at the pad site.
   MULTIPLE WELL SITE PERMIT. That permit issued for the sole purpose of allowing future wells to be drilled on an existing pad site and within 600 of protected uses without obtaining waivers and/or variances.
   NIGHTTIME. The period between 7:00 p.m. and 6:00 a.m.
   OPERATOR. For each well, the person listed on the railroad commission 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 this article, 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 article, the owner of the fee mineral estate in the premises shall be deemed an OPERATOR.
   OUTER BOUNDARY SURFACE PROPERTY LINE. The outer boundary of any property for which a preliminary plat or concept plan has been filed with the City of Fort Worth.
   PERSON. Both the singular and the plural and a natural person, a corporation, association, guardian, partnership, receiver, trustee, administrator, executor and fiduciary or representative of any kind.
   PIPELINE. All parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water or chemicals move in transportation, including but limited to, pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the city, including but not limited to gathering lines, production lines and transmission lines. This definition does not include pipelines associated with franchise utilities.
   PIPELINE CONSTRUCTION. The initiation of any excavation or other disturbance of property for the purpose of installation, construction, maintenance, repair, replacement, modification or removal of a pipeline.
   PIPELINE OR WELL EMERGENCY. A pipeline or well incident that is required to be reported to the railroad commission, the Texas commission on environmental quality, or any federal, state or local regulatory agency.
   PIPELINE PERMIT. A permit for the movement of gas, oil, water or other products.
   PIPELINE OPERATOR. Any person owning, operating or responsible for operating a pipeline.
   PRIVATE RESIDENTIAL AREA. Any area within the territorial limits of the city that is zoned and used as single- or multifamily residential; or vacant residentially-zoned lot that is adjacent to properties that are zoned and used as single- or multifamily residential.
   PROPERTY OWNER. The owner of the surface property.
   PROTECTED USE. A residence, religious institution, hospital building, school or public park.
   PUBLIC BUILDING. All buildings with occupancies of 50 or more persons and more than 750 square feet used or designed to and intended to be used for motion picture theaters, symphony and concert halls, television and radio studios admitting an audience, theaters, banquet halls, night clubs, restaurants, taverns and bars, amusement arcades, art galleries, bowling alleys, community halls, courtrooms, dance halls, exhibition halls, funeral parlors, gymnasiums without spectator seating, indoor swimming pools and tennis courts without spectator seating, lecture halls, libraries, museums, waiting areas in transportation terminals, pool and billiard parlors, arenas with spectator seating, skating rinks with spectator seating, swimming pools with spectator seating, tennis courts with spectator seating and amusement park structures, bleachers, grandstands and stadiums used for viewing outdoor activities.
   PUBLIC PARK. Any land area dedicated to the city for traditional park-like recreational purposes.
   RE-DRILL. Re-completion of an existing well by deepening or sidetrack operations extending more than 150 feet from the existing well bore.
   REDUCED EMISSION COMPLETION (GREEN COMPLETION). Techniques or methods that minimize the release of natural gas and vapors to the environment when a well is being flowed during the completion or re-completion phase of a Barnett Shale well.
   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, city-inspected 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 with the gas inspector. RESIDENCE shall include assisted living facilities, nursing homes (both intermediate care facilities and skilled nursing facilities), residential board and care facilities, group homes, 24-hour shelters, half-way houses, hotels, motels and jails.
   RE-WORKING. Re-completion or re-entry of 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.
   RIGHT-OF-WAY. Public rights-of-way including streets, easements and other property within the city and which is dedicated to the use and benefit of the public.
   SCHOOL. Any public and private, primary and secondary educational facilities providing education or off-site related school sports venues 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 Fort Worth 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.
   SITE. The area used for drilling, development and production and all operational activities associated with gas production.
   SITE PREPARATION. Any grading, tree removal, construction of access roads, delivery of fill material, staging of equipment or any other activity that would disturb the surface of the property.
   STATE OR FEDERAL REGULATED PIPELINES. Those pipelines within the city that under state and federal rules and regulations are exempt from city regulations and articles regarding mapping, inventorying, locating and relocating of pipelines.
   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.
   TECHNICAL ADVISOR. Such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters that may be retained from time to time by the city.
   URBAN VILLAGE. A highly urbanized place designated by the city council that has a concentration of jobs, housing units, commercial uses, public spaces, public transportation, pedestrian activity and a sense of place within a relatively compact geographical area as identified and amended from time to time in the comprehensive plan.
   WELL. A hole or holes, bore or bores, 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.
   WORKOVER OPERATION. Work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, §§ 1, 2, passed 11-10-2009; Ord. 19402-10-2010, § 2, passed 10-12-2010; Ord. 20927-09-2013, § 1, passed 9-10-2013; eff. 9-20-2013)
DIVISION III: GAS INSPECTOR
§ 15-32 GAS INSPECTOR.
   (a)   The city manager shall designate a gas inspector who shall enforce the provisions of this article. The gas inspector shall have a degree in petroleum engineering with a background in drilling and production or demonstrate a proven background in the drilling, production and operation of gas wells. The gas inspector shall have the authority to issue any orders or directives required to carry out the intent and purpose of this article and its particular provisions. Failure of any person to comply with any such order or directive shall constitute a violation of this article.
   (b)   The gas inspector shall have the authority to enter and inspect any premises covered by the provisions of this article to determine compliance with the provisions of this article and all applicable laws, rules, regulations, standards or directives of the state and to issue citations for violations of this article. Failure of any person to permit access to the gas inspector shall constitute a violation of this article. The gas inspector shall conduct periodic inspections at least once a year of all permitted wells in the city to determine that the wells are operating in accordance within proper parameters as set out in this article and all regulations of the commission.
   (c)   The gas inspector shall have the authority to request and receive any records, including any records sent to the commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable gas well and pipeline permits or other permits as required by this article. Failure of any person to provide any such requested material shall be deemed a violation of this article.
   (d)   The gas inspector shall have the authority to allow alternatives to the technical standards of this article such as new technology, if the operator has demonstrated to the gas inspector’s satisfaction that the alternatives provide equal or greater protection of the environment or public.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
DIVISION IV: AGENT
§ 15-33 OPERATOR’S AGENT.
   Every operator of any well shall designate an agent, who is a resident of the State of Texas, upon whom all orders and notices provided in this article may be served in person or by registered or certified mail. Every operator so designating such agent shall within ten days notify the city secretary and gas well division in writing of any change in such agent or such mailing address unless operations within the city are discontinued.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
DIVISION V: GAS WELL PERMITS
§ 15-34 GAS WELL PERMIT REQUIRED.
   (a)   A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this article and shall indicate what type of gas well permit is requested. It shall be unlawful for any person acting either for himself or herself or acting as 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 gas without first obtaining a gas well permit issued by the city in accordance with this article. Such activities include, but are not limited to, re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing. A permit shall not be required for seismic surveys unless the survey is conducted on city owned property or city rights-of-way unless such requirement is waived by the city.
   (b)   Operator must apply for and obtain a gas well permit for the drilling, re-drilling, deepening, re-entering, activating or converting of each well.
   (c)   A gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this article if the operator is re-entering and drilling an abandoned well.
   (d)   When a gas well permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating or converting of a well, such gas well 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 such well 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 gas inspector and post a sign as described below 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. 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. If the gas inspector determines that an inspection by the gas inspector is necessary, the operator will pay the city for the inspection.
   (f)   (1)   A gas well permit shall automatically terminate if drilling of the well bore has not commenced within 365 days from the date of the issuance of the gas well permit.
      (2)   A gas well permit may be extended one time by the gas inspector for an additional 365 days upon request by the operator if:
         a.   Operator provides proof that there are no additional protected uses within 600 feet from the time of the filing of the original permit applications; and
         b.   The request is submitted prior to the expiration of the original permit.
      (3)   No permit shall be extended beyond the expiration date of the current railroad commission permit.
   (g)   The gas well permits required by this article 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)   (1)   No additional gas well permit or filing fees shall be required for:
         a.   Any wells that are existing, previously permitted or approved by the city, within the corporate limits of the city on the effective date of the 2001 Gas Drilling Article (Ord. 14880);
         b.   Any wells where drilling has commenced on the effective date of the 2001 ordinance;
         c.   Any wells in existence or on any wells on which drilling has commenced on land annexed into the city after the effective date of the 2001 ordinance; or
         d.   Any well that was planned for the land before the ninetieth 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.
      (2)   A person shall have 45 days after annexation into the city to designate a gas operation as a pre-existing operation by filing a site plan drawn to scale that shows the proposed location of the well or pad site with respect to survey lines and the proposed associated production facilities, if any, or designate an existing pad site as a multiple well site with the gas inspector.
      (3)   An operator or property owner shall have 45 days after the effective date of this article to notify the city of well sites existing prior to January 1, 2009, that have a protected use (permitted or built), as defined in the 2006 Gas Drilling Article (Ord. 16986), or a residential lot that is located between 300 feet and 200 feet from an existing well site. Sites that meet the above notice and distance requirements will be grandfathered to the setback requirements existing prior to January 1, 2009. For residential lots only, if the above required notice is not received by the city within 45 days, the minimum setback distance may be reduced by the city council to 200 feet.
   (i)   No gas well permit shall be issued for any well to be drilled within any public park without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.
   (j)   No gas well permit shall be issued for any well to be drilled within any floodplain or floodway identified by FEMA on the most current FIRM without obtaining a floodplain development permit from the transportation and public works department.
   (k)   No gas well permit shall be issued without an approved erosion control and grading plan as required by the city to prevent any off site migration of silt and sediment.
   (l)   No gas well permit shall be issued for any well to be drilled on city owned property without the prior consent of the city council. The city council shall review the insurance and security requirements on an individual basis prior to issuing the permit.
   (m)   No gas well permit shall be issued for any well to be drilled within a designated urban village without the prior consent of the city council unless the site has, prior to November 10, 2009:
      (1)   An existing approved gas well permit;
      (2)   An existing approved gas well pad site permit; or
      (3)   A gas drilling and development site plan on property owned/leased or controlled by the gas operator and approved by the development services director.
   (n)   Multiple gas well pad site permit. At the time the operator submits an application for the issuance for a single well permit, the operator, at his or her option, may also request the issuance of a multiple well site permit for drilling future wells. Applications for gas wells drilled on a multiple well site shall comply with the following:
      (1)   For all purposes, the measurement shall be from the boundary line of the pad site.
      (2)   If the pad site is located within 600 feet of a protected use at the time of the filing of a multiple well site permit application, the applicant must obtain a variance granted by the city council or waivers from all protected uses within a 600 foot radius before the multiple well site permit may be issued.
      (3)   Notice that a multiple well site permit application has been filed with the city must be included in any notice to property owners and in the published newspaper notice as required by § 15-36 for the initial gas well permit.
      (4)   All multiple well site permits must be filed of record by the operator, at his or her expense in the applicable county deed records and indicated on all applicable plats filed in the deed records. Each filed multiple well site permit shall contain the address, lot and block, subdivision name and plat volume and page of each lot, tract or parcel located within 1,000 feet of the multiple well site permit.
      (5)   Prior to the issuance of a multiple well site permit by the city, the operator must place at least one sign on the property located in a conspicuous place or places upon the property at a point or points visible from the nearest right-of-way, street, roadway, public thoroughfare or protected use adjacent to such property. The gas inspector may require additional signage if the pad site fronts on more than one right-of-way, street, roadway or public thoroughfare. The sign shall indicate that a multiple well site permit to drill multiple wells for gas on this site has been applied for, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number indicated on the sign. A permanent sign approved by the gas inspector indicating that a multiple well site permit has been issued shall remain posted at the pad site location for the duration of the multiple well site permit.
      (6)   Prior to the commencement of drilling of each additional gas well on a permitted multiple well site permit pad site, the operator must submit an application for the issuance of a gas well permit, for each such future well, in accordance with this article.
      (7)   All subsequent gas wells drilled on a permitted gas well pad site permit shall comply with all regulations, including the notice and landscape provisions, and all other provisions of this article, except for the distance setback requirements related to drilling a well from a protected use. No variance or waiver for a distance setback from a protected use shall be required for subsequent wells; however, no well shall be drilled closer than 300 feet from any protected use or public building.
      (8)   No multiple well site permit shall be issued for a gas well pad site greater than five acres in surface area or the amount of surface area acreage included in the surface use agreement, whichever is larger.
      (9)   All wells will be set back a minimum of 75 feet from the outer pad site boundary.
      (10)   The multiple well site permit shall automatically terminate if drilling of the initial well bore has not commenced within 365 days from the date of the issuance of the gas well permit unless the initial gas well permit is extended by the gas inspector.
      (11)   The issuance of a multiple well site permit is for the sole purpose of allowing future wells to be drilled on an existing pad site and within 600 feet of protected uses without obtaining waivers and/or variances as set forth in § 15-36 of this article. All gas wells drilled upon a permitted gas well pad site must otherwise comply with any drilling distance regulations from a protected use or other structure as required by state law and applicable fire code regulations and all other provisions of this article.
   (o)   By acceptance of any gas well permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article. The terms of this article shall be deemed to be incorporated in any gas well permit issued pursuant to this article with the same force and effect as if this article was set forth verbatim in such gas well permit.
   (p)   Gas drilling review committee (GDRC).
      (1)   All applications where a city council waiver is required, all applications that involve noncommercial truck routes, all applications for gas pipelines or gas pipeline facilities located in a private residential area and all applications for line compressor sites requiring rezoning to a “PD” planned development district shall be reviewed by the gas drilling review committee (GDRC) prior to that application being presented to the zoning commission, the city council or administratively issued by the city staff, where applicable.
      (2)   The GDRC shall be composed of city staff representatives from the transportation and public works, gas inspectors, water, planning and development, law, community relations and park and recreation departments. A representative from the city’s parks advisory board shall sit as a committee member when the application involves drilling within 600 feet of a public park, drilling on a public park or a pipeline through a public park. The committee shall be chaired by the assistant director of planning and development - gas well division.
      (3)   a.   Notice of GDRC meeting shall be mailed ten days after receipt of the application to:
            1.   All neighborhood associations within:
               a.   One-half mile of drill site; or
               b.   One-half mile of line compressor site.
            2.   All property owners within 1,000 feet of the proposed well or a line compressor site;
            3.   All property owners fronting or along the noncommercial truck route; and
            4.   All property owners along the proposed private residential area pipeline route.
         b.   Notices shall follow the same format used for adoption of zoning regulations and district boundary changes and shall include a description of the application, the proposed truck route, distance setbacks, a location map and the GDRC meeting date and time. Notices shall include the email and phone contact information for the operator and the street address for the well location.
         c.   All notices and applications shall be placed on the city’s webpage in an electronic format.
      (4)   The GDRC meeting shall be conducted in the following manner.
         a.   The operator (or pipeline operator, where applicable) shall present overview of the application.
         b.   Staff shall present the staff report including applicable article regulations.
         c.   Following the presentations, a total of 15 minutes shall be allotted for citizen comments from the notified persons listed in subsection (o)(3) above.
      (5)   If the application involves a public park issue, the parks advisory board representative shall report the recommendation of the GDRC to the park advisory board at their next meeting.
      (6)   No continuance shall be allowed unless requested by the operator/applicant. If a continuance is requested, the operator must submit new revisions within two weeks of the initial GDRC hearing date. Notices to neighborhood associations and property owners as outlined in subsection (o)(3) above will be resent with revised information.
      (7)   The GDRC shall submit a written report with the mayor and council communication permit request on all applications involving gas wells or multiple well site permit without waivers and pipelines within the city’s rights-of-way. The GDRC shall also submit a written report to the zoning commission for a line compressor site requiring rezoning to a “PD” planned development district. The report shall include the staff and citizen concerns and any unresolved issues. The GDRC shall submit a recommendation to the gas well division on all applications that involve noncommercial truck routes and all applications for pipelines or pipeline facilities located in a private residential area.
      (8)   The results and recommendations of the GDRC shall be sent to the operator or pipeline operator and shall be posted on the city’s webpage within two weeks following the GDRC meeting.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, § 3, passed 11-10-2009; Ord. 20927-09-2013, §§ 2, 3, 4, passed 9-10-2013; eff. 9-20-2013; Ord. 24030-02-2020, § 22, passed 2-4-2020)
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