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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)
(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)
(a) Every application for a gas well permit issued pursuant to this article shall be in writing signed by the operator, or some person duly authorized to sign on his or her behalf, and filed with the gas inspector.
(b) Every application shall be accompanied by a permit fee as set forth in the city code of articles for gas drilling and production fees.
(c) The application shall include the following information:
(1) The date of the application and type of gas well permit requested;
(2) An accurate legal description of the lease property to be used for the 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) Map showing proposed transportation route and road for equipment, chemicals or waste products used or produced by the gas operation indicating commercial and noncommercial routes;
(4) Proposed well name;
(5) Surface owner name(s) and address(es) of the pad site property;
(6) 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;
(7) Name and address of individual designated to receive notice;
(8) Name of representative with regulatory response and supervisory authority over all gas operation site activities and a phone number that is answered on a 24-hour basis;
(9) Location and description of all improvements and structures within 600 feet of the well;
(10) Owner and address of each parcel of property within 600 feet of the proposed drill site;
(11) A surveyed site plan of the proposed operation site shall display a registered professional land surveyor seal, a legend with scale for measurements and a complete legal description. The site plan shall include specific details to the projected location of the major components of the drilling site, the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including, but not limited to, tanks, city regulated pipelines, compressors, separators, lights, storage sheds, fencing, driveway approaches and any access roads. Surveyed site plan shall show the location of specific wells, pipelines, tanks and reservoir(s) in relationship to existing and proposed water and sanitary sewer lines and any other utility easements. The site plan shall also indicate floodway, floodplain or city recognized drainage ways and the elevation and slope of the pad site which indicates compliance with the then current fill article, impacted vegetation, tree survey, creeks and other topographic features, compliance with the landscaping requirements as set out in § 15-43 of this article, adjacent buildings and other structures and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping;
(12) The name, address and a phone number that is answered on a 24-hour basis of the person to be notified in case of an emergency;
(13) The exact and correct acreage and number of wells, if applicable, included in the gas well permit application;
(14) Copies of all reports submitted to the commission as required by the gas inspector;
(15) An original executed city-wide road maintenance agreement signed and approved by the city must be filed with the city secretary that provides that the operator shall repair, at his or her own expense, any damage to roads, streets or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production and operation of gas wells;
(16) Copies of erosion control and grading plans;
(17) A description of the water source to be used during drilling;
(18) A copy of the stormwater pollution prevention plan as required by the Environmental Protection Agency. A copy of the notice of intent shall be submitted to the City of Fort Worth, Department of Environmental Management, Stormwater Division, three days prior to the commencement of any onsite activity;
(19) A copy of the determination by the Texas commission on environmental quality (TCEQ) of the depth of useable quality ground water;
(20) Evidence of insurance and security requirements under this article;
(21) 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;
(22) All applicable city departmental reviews and approvals;
(23) Fracture pond permit/approval;
(24) A surface reclamation plan;
(25) The proposed gathering pipeline route from the well to the transmission pipeline, including all existing and proposed city rights-of-way and public or private property crossed by the proposed gathering pipeline;
(26) Noise management plan as outlined in § 15-42(b);
(27) All required application and gas well permit fees; and
(28) A copy of the approved commission permit to drill together with attachments and survey plats which are applicable to the drill site.
(d) No permit shall be issued until a copy of the approved railroad commission permit to drill together with all submitted attachments and survey plats which are applicable to the drill and operation sites are submitted to the gas inspector.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
(a) Wells located within 600 feet of a protected use.
(1) A gas well permit shall not be issued for any well to be drilled within 600 feet of a residence, religious institution, hospital building, school or public park without:
a. Waiver granted by the city council; or
b. Written notarized waiver granted by all the protected use property owners within a 600 foot radius around the proposed well pursuant to this section. All waivers must identify the property address, block and lot number, subdivision name (if applicable) and plat volume and page and be filed, at the expense of the operator, in the applicable county records prior to the application of a gas well permit.
(2) This setback distance may be reduced, but never less than 300 feet, from any residence, religious institution, hospital building, school or public park.
(3) This provision applies to any existing residence, religious institution, hospital building, school or public park or where a building permit has been issued for a protected use on the date the application for a permit is filed with the gas inspector.
(4) The measurement of the 600-foot distance shall be made from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building or boundary line of a public park or property line of a school.
(b) Application requirements. In addition to the requirements of § 15-35, an application for a gas well permit to drill a well within 600 feet of a protected use shall include a letter to the assistant director of planning and development - gas well division requesting a public hearing to obtain a gas well permit from city council or a copy of the written notarized waivers from the protected uses within 600 feet of the proposed well and evidence of filing of each waiver in the applicable county deed records.
(c) Permitting procedure for request of a waiver by the city council.
(1) Within 45 days of receipt of a complete application, a site plan and a request for a waiver to drill a gas well within 600 feet of a protected use, the gas inspector shall schedule the matter on a city council night agenda for a public hearing and give notice by mail of the time, place and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The 45-day period shall not begin to run until the applicant/operator has provided the gas inspector with a complete application package.
(2) At least 20 days, and no more than 30 days prior to the date of the public hearing before the city council for a waiver and the issuance of a gas well permit within 600 feet of a protected use, the city shall notify, at operator’s expense, each surface owner of property, as shown by the current City of Fort Worth fire department address system and the current tax rolls within 1,000 feet of the proposed well or boundary of a multiple well site not owned by or under lease to the operator of the hearing date and time. The notice shall contain an internet link for information on gas drilling, the number of wells requested by the applicant, that drilling may commence within 365 days from the date of issuance of the permit, and contact telephone numbers for city staff and the operator/applicant. Such notice shall be deposited properly addressed and postage paid, in the United States mail. Notice shall be sent by the city to all registered neighborhood associations within one-half mile of the proposed drill site.
(3) At least 15 days, and no more than 20 days prior to the date of the public hearing before city council for a gas well permit within 600 feet of a protected use under this article, operator shall publish a notice at operator’s expense, in one issue of the local section of a newspaper of general circulation in the city, for ten consecutive days. 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. All notices shall follow a format required by the city.
(4) At least 20 days prior to the date of the public hearing before city council for a gas well permit within 600 feet of a protected use under this article the operator shall, at operator’s expense, erect at least one sign, as approved by the gas inspector, no less than three feet by three feet, upon the premises upon which a gas well permit within 600 feet of a protected use 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 to any right-of-way, street, roadway or public thoroughfare adjacent to such property. The gas inspector may require additional signage if the premises fronts on more than one right-of-way, street, roadway or public thoroughfare.
a. The sign(s) shall substantially indicate that a gas well permit to drill for gas within 600 feet of a protected use has been requested and state the date, time and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the operator/applicant at the number indicated on the sign.
b. The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this article.
c. The sign shall remain posted at the pad site for the duration of the gas well permit to drill within 600 feet of a protected use.
(5) All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(6) After a permit application and site plan is submitted to drill within 600 feet of a protected use, the gas inspector shall evaluate the public impact of the proposed activity. The gas inspector shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special equipment and procedures, recommended noise reduction levels, screening and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing along with evidence that timely actual notice of the hearing was given to all persons as required by this article.
(7) At the public hearing and before the city council considers the merits of the application and the recommendations of the gas inspector, the operator/applicant shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, and that the operator/applicant has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.
(8) The burden of proof on all matters, except notice, considered in the hearing shall be upon the applicant/operator.
(9) The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a waiver and authorize the issuance of a gas well permit to drill within 600 feet of a protected use:
a. Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located thereon;
b. Whether the drilling of such wells would conflict with the orderly growth and development of the city;
c. Whether there are other alternative well site locations that would allow reasonable access to explore, develop and produce the mineral estate without creating mineral waste;
d. Whether the operations proposed are consistent with the health and welfare of the public when and if conducted in accordance with the gas well permit conditions to be imposed;
e. Whether there is approved access for the city fire personnel and firefighting equipment;
f. Whether there is reasonable access to the gas well site that minimizes the impact to residential properties if the use of non-designated commercial or truck routes are required;
g. Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well permit conditions are reasonable and justified, balancing the following factors:
1. The right of the owners(s) of the mineral estate to explore, develop and produce the minerals; and
2. The availability of alternative drill sites, both presently and at other times during the lease term.
h. The recommendations of the gas inspector.
(10) The city council may require an increase in the operator/applicant’s proposed distance that the well is to be set back from any residence, religious institution, public building, hospital building, school or public park or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in §§ 15-42 and 15-43 of this article, including fencing, screening, lighting, delivery times, noise levels, tank height or any other matters reasonably required by public interest.
(11) The city council may accept, reject or modify the application in the interest of securing compliance with this article, the city code and/or to protect the health and welfare of the community.
(d) Permitting procedure for a waiver from protected use property owners.
(1) No application for a gas well permit within 600 feet of a protected use by waiver of protected uses shall be accepted unless the written notarized waivers are obtained from all protected use property owners within 600 feet of the proposed well site.
a. Waivers must be in a format approved by the city and shall include an aerial exhibit attached clearly depicting the area of a proposed pad site where well development could occur and the closest dimension to the protected use for which the waiver is being requested. Signatures are required on both the form and exhibit. The waiver form will be double sided and printed in both Spanish and English allowing the property owner to execute the waiver in their language of choice.
b. Written notarized waivers granted by all the protected use property owners within a 600-foot radius around the proposed well or boundary of multiple well site must be filed, at the expense of the operator, in the applicable county records. All waivers must identify the property address, block and lot number, subdivision name and plat volume and page number. Copies of filed protected use property owner waivers must be submitted with the filing of a completed application for a gas well permit within 600 feet of a protected use.
(2) If the operator fails to obtain written waivers from all property owners within a 600-foot radius around the proposed well, or boundary of multiple well site the operator must submit a request for a waiver to drill a gas well within 600 feet of a protected use from city council pursuant to the requirements of subsection (e) below or modify the well location to comply with the 600 foot setback from all protected uses. Waivers from new protected use property owners shall not be required for an approved or existing multiple well site permit.
(3) a. Upon receipt of copies of all protected use waivers filed in the applicable county deed records and a completed application by the operator, the city shall notify, at operator’s expense, each surface owner of property as shown by the current City of Fort Worth fire department addresses within 1,000 feet of the proposed well or boundary of multiple well site not owned by or under lease to the operator.
b. The notice shall contain the information as outlined below, an internet link for information on gas drilling, the number of wells requested by the applicant and contact telephone numbers for the city staff and operator/applicant. Notice shall be sent by the city to all registered neighborhood associations within one-half mile of the proposed drill site.
(4) At least ten days prior to the date of filing of an application for a gas well permit within 600 feet of a protected use by protected use waiver under this article with the gas inspector, operator shall publish the notice at the expense of the operator, in one issue of the local section of a newspaper of general circulation in the city for ten consecutive days. 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. All notices shall follow a format required by the city.
(5) At least ten days prior to, but not more than 30 days, the date of filing of an application for a gas well permit within 600 feet of a protected use under this section with the gas inspector, the operator, at operator’s expense, shall erect at least one sign, as approved by the gas inspector, no less than three feet by three feet, upon the premises upon which a gas well permit within 600 feet of a protected use by protected use waiver 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 right-of-way, street, roadway or public thoroughfare adjacent to such property. The gas inspector may require additional signage if the premises fronts on more than one right-of-way, street, roadway or public thoroughfare.
a. The sign(s) shall substantially indicate that a gas well permit within 600 feet of a protected use by protected use waiver to drill for gas has been requested and shall further set forth that additional information can be acquired by telephoning the operator at the number indicated on the sign.
b. The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this article.
c. Any sign(s) shall be removed subsequent to final action by the gas inspector or the city council.
(6) All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(e) Permitting procedure for gas wells located greater than 600 feet from a protected use; notice for gas well permit.
(1) a. At least ten days after the date of filing of an application for a gas well permit with the gas inspector under this article, city shall notify, at the expense of the operator, each surface owner of property, as shown by the current City of Fort Worth Fire Department address system and current tax roll within 1,000 feet of the proposed well not owned by or under lease to the operator. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail.
b. The notice shall contain the information as outlined below and shall also include the date and time of the next monthly informational meeting at city hall, an internet link for information on gas drilling, the number of wells requested by the applicant, that drilling may commence within 180 days from the issuance of the permit and contact telephone numbers for city staff and operator/applicant. Notice shall be sent to all registered neighborhood associations within one-half mile of the proposed drill site.
(2) At least ten days prior to the date of filing of an application for a gas well permit under this article with the gas inspector, operator shall publish a notice at the expense of the operator, in one issue of the local section of a newspaper of general circulation in the city for ten consecutive days. 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. All notices shall follow a format required by the city.
(3) At least ten days prior to, but not more than 30 days, the date of filing of an application for a gas well permit under this article with the gas inspector, the operator, at operator’s expense, shall erect at least one sign, as approved by the gas inspector, no less than three feet by three feet, upon the premises upon which a gas well 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 right-of-way, street, roadway or public thoroughfare adjacent to such property. The gas inspector may require additional signage if the premises fronts on more than one right-of-way, street, roadway or public thoroughfare.
a. The sign(s) shall substantially indicate that a gas well permit to drill for gas has been requested and shall further set forth that additional information can be acquired by telephoning the operator at the number indicated on the sign.
b. The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this article.
c. The sign shall remain posted at the pad site for the duration of the gas well permit.
(4) All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 19402-10-2010, § 3, passed 10-12-2010)
(a) It is the responsibility of the gas inspector to review and approve or disapprove all applications for gas well drilling permits based on the criteria established by this article. The gas inspector, after the filing of a completed application and remittance of all fees, insurance and security per the requirements of this article for a gas well permit, shall determine whether or not the application complies in all respects with the provisions of this article and determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested gas well permit on the date the completed application is received by the gas inspector.
(b) The provisions of this article shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for a gas well permit is filed with the gas inspector.
(c) If all the requirements of this article are met, the gas inspector shall issue a gas well permit for the drilling of the well or the installation of the facilities applied for.
(d) If the gas inspector denies a gas well permit application for reasons other than lack of required distance as set out in this article for the requested gas well permit, he or she shall notify the operator in writing of such denial stating the reasons for the denial. Within 30 days of the date of the written decision of the gas inspector to deny the gas well permit, the operator may:
(1) Cure those conditions that caused the denial and resubmit the application to the gas inspector for approval and issuance of the gas well permit; or
(2) File an appeal to the city council under the provisions outlined in this article pursuant to § 15-49, Appeals of this article.
(e) If the gas inspector determines that the operator has complied with all of the provisions of this article but that the proposed drill site does not comply with the distance requirements of this article the gas inspector shall notify the operator. The operator may modify the well location or resubmit the application for a gas well permit within 600 feet of a protected use. Operator must comply with all the application requirements for a gas well permit within 600 feet of a protected use.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
An operator may request to amend a gas well permit application without re-noticing, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the application, provided that the distance to protected uses is not decreased.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
(a) The gas inspector may suspend or revoke the gas well permit or issue a citation pursuant to the provisions of this article. If the operator is in compliance with the approved noise management plan of § 15-42(b), Noise and a violation still occurs, the operator will be given 24 hours from notice of noncompliance to correct the violation from an identified source before a citation is issued. Additional extensions of the 24-hour period may be granted in the event that the source of the violation can not be identified after reasonable diligence by the operator.
(b) No person shall carry on any operations performed under the terms of the gas well permit issued under this article during any period of any gas well permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the gas well permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the gas well permit was ordered for the safety of persons or as required by the commission.
(c) If the operator does not cure the noncompliance within the time specified in this article, the gas inspector, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.
(d) Operator may, within 30 days of the date of the decision of the gas inspector in writing to suspend or revoke a gas well permit, file an appeal to the city council under the provisions outlined in this article pursuant to § 15-49, Appeals of this article.
(e) If an application for a gas well permit is denied by the gas inspector, nothing herein contained shall prevent a new permit application from being submitted to the gas inspector for the same well.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 19402-10-2010, § 1, passed 10-12-2010)
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