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(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)
(a) The operator shall notify the gas inspector of any changes to the following information within one business week after the change occurs:
(1) The name, address and phone number of the operator;
(2) 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
(3) The operator’s emergency response plan (including “drive-to-maps” from public rights-of-way to each drill site).
(b) The operator shall notify the gas inspector of any change to the name, address and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day.
(c) The operator shall provide a copy of any “incident reports” or written complaints submitted to the commission within 30 days after the operator has notice of the existence of such reports or complaints.
(d) Beginning on December 31 after each well is completed, and continuing on each December 31 thereafter until the operator notifies the gas inspector that the well has been abandoned and the site restored, the operator shall submit a written report to the gas inspector identifying any changes to the information that was included in the application for the applicable gas well permit that have not been previously reported to the city.
(e) Beginning on December 31 after each well is permitted by the city, the operator shall provide an operational status report for every well permitted to the operator within the city. The report shall include the well name, API number, lease name, city case number, commission permit number, commission lease ID number and current status whether pending, drilling, completing, producing, plugged or abandoned.
(f) An operator and/or a line compressor operator shall notify the gas inspector of any transfer of operations to a new operator and/or line compressor operator and shall file all necessary documentation with the gas inspector. The current operator and/or line compressor operator shall comply with Chapter 15 of the city code for all sites until the gas inspector has received all necessary documentation and has issued written notice that such requirement has been satisfied. Any sureties and other guarantees assigned to the city shall not be released until the new operator has shown compliance with the city’s requirements for gas drilling to the gas inspector.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 21219-04-2014, § 1, passed 4-22-2014)
(a) General requirements. The operator shall be required to:
(1) Comply with the terms and conditions of this article and the gas well permit issued hereunder;
(2) Promptly clear drill and operation sites of all litter, trash, waste and other substances used, allowed or occurring in the operations, and after abandonment or completion grade, level and restore such property to the same surface conditions as nearly as possible as existed before operations;
(3) Indemnify and hold harmless the city, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by operator under a gas well permit:
a. Where such injuries, death or damages are caused by operator’s sole negligence or the joint negligence of operator and any other person or entity; and
b. Regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of operator.
(4) Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the gas well permit; and
(5) Promptly restore to its former condition any public property damaged by the gas operation.
(b) Bond, irrevocable letter of credit.
(1) Prior to the issuance of a gas well permit the operator shall provide the gas inspector with a security instrument in the form of a bond or an irrevocable letter of credit in accordance with this subsection (b). Evidence of the execution of a letter of credit shall be submitted to the gas inspector by submitting an original signed letter of credit from the banking institution, with a copy of the same provided to the city secretary.
a. During drilling. An operator drilling between one and five wells in the city at any time shall provide a blanket bond or letter of credit that meets the requirements of this subsection (b) in the principal minimum amount of $150,000. Such blanket bond or letter of credit shall be increased by $50,000 for the sixth and each additional well being drilled in the city.
b. During production. An operator with wells that are producing and for which all drilling operations have ceased shall provide a blanket bond or letter of credit that meets the requirements of this subsection (b) in the principal minimum amounts as follows:
1. Up to 75 wells: $100,000;
2. Between 76 and 150 wells: $150,000; and
3. More than 150 wells: $250,000.
(2) a. The city shall be authorized to draw upon such bond or letter of credit to:
1. Recover any fines or penalties assessed under this article; or
2. To pay the city for the cost of doing any work required to remedy any default by the operator under any provision of this article.
b. If the city determines that a default has occurred in the performance of any requirement or condition imposed by this article, a written notice shall be given to the operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed to be reasonably necessary for the completion of such work. After receipt of such notice, the operator shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay over to the city 125% of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than 30 days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator’s failure to provide periodic reports as required by this article.
c. The city shall be authorized to draw against the bond or letter of credit provided hereunder to recover such amount due from the operator. Upon receipt of such moneys, the city shall proceed by such mode as deemed convenient and necessary to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the commission, such additional money may be demanded from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this article. In the event the operator does not cause the work to be performed and fails or refuses to pay over to the city the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the city against the applicable irrevocable letter of credit or bond the city may proceed to obtain compliance and abate the default by way of civil action against the operator, or by criminal action against the operator, or by both such methods.
(3) Requirements for bonds. A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas, acceptable to the city. The bond shall become effective on or before the date the gas well permit is issued and shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored, whichever occurs first. The operator shall be listed as principal and the instrument shall run to the city, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this article and the city. The original bond shall be submitted to the gas inspector with a copy of the same provided to the city secretary.
(4) Requirements for letters of credit. A letter of credit shall be issued by a reliable bank authorized to do business in Texas and shall become effective on or before the date the gas well permit is issued. The letter of credit shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term. If the letter of credit is for a time period less than the life of the well as required by this article, the operator must agree to either renew the letter of credit or replace the letter of credit with a bond in the amount required by this article, on or before 60 days prior to the expiration date of the letter of credit. If the operator fails to deliver to the city either the renewal letter of credit or replacement bond in the appropriate amount on or before 60 days prior to the expiration date of the letter of credit, the city may draw the entire face amount of the attached letter of credit to be held by the City of Fort Worth as security for operator’s performance of its obligations under this article.
(5) When the well or wells covered by said irrevocable letters of credit or bond have been properly abandoned in conformity with all regulations of this article, and in conformity with all regulations of the commission and notice to that effect has been received by the city, or upon receipt of a satisfactory substitute, the irrevocable letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled.
(c) Insurance. In addition to the bond or letter of credit required pursuant to this article, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. In the event such insurance policy or policies are cancelled, the gas well permit shall be suspended on such date of cancellation and the operator’s right to operate under such gas well permit shall immediately cease until the operator files additional insurance as provided herein.
(1) General requirements applicable to all policies.
a. The city, its officials, employees, agents and officers shall be endorsed as an “additional insured” to all policies except employers liability coverage under the operator’s workers compensation policy.
b. All policies shall be written on an occurrence basis except for environmental pollution liability (seepage and pollution coverage) and excess or umbrella liability, which may be on a claims-made basis.
c. All policies shall be written by an insurer with an A-VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the city.
d. Deductibles shall be listed on the certificate of insurance and shall be on a “per occurrence” basis unless otherwise stipulated herein.
e. Certificates of insurance shall be delivered to the City of Fort Worth, Planning and Development Department, 1000 Throckmorton Street, Fort Worth, Texas 76102, evidencing all the required coverage, including endorsements, prior to the issuance of a gas well permit.
f. All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the city.
g. Any failure on part of the city to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein.
h. Each policy shall be endorsed to provide the city a minimum thirty-day notice of cancellation, non-renewal and/or material change in policy terms or coverage. A ten days’ notice shall be acceptable in the event of non-payment of premium.
i. During the term of the gas well permit, the operator shall report, in a timely manner, to the gas inspector any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss.
j. Upon request, certified copies of all insurance policies shall be furnished to the city.
(2) Standard commercial general liability policy. This coverage must include premises, operations, blowout or explosion, products, completed operations, sudden and accidental pollution, blanket contractual liability, underground resources and equipment hazard damage, broad form property damage, independent contractors’ protective liability and personal injury. This coverage shall be a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage.
(3) Excess or umbrella liability. Five million dollar excess when necessary.
(4) Environmental pollution liability coverage.
a. Operator shall purchase and maintain in force for the duration of the gas well permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least $5,000,000 per loss.
b. Coverage shall apply to sudden and accidental, as well as gradual pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.
c. The operator shall maintain continuous coverage and shall purchase extended coverage period insurance when necessary. The extended coverage period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by the city.
(5) Control of well. The policy should cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents:
a. Five million dollars per occurrence/combined single limit; and
b. Five hundred thousand dollars sub-limit endorsement may be added for damage to property for which the operator has care, custody and control.
(6) Workers compensation and employers liability insurance.
a. Workers compensation benefits shall be Texas statutory limits.
b. Employers liability shall be a minimum of $500,000 per accident.
c. Such coverage shall include a waiver of subrogation in favor of the city and provide coverage in accordance with applicable state and federal laws.
(7) Automobile liability insurance.
a. Combined single limit of $1,000,000 per occurrence for bodily injury and property damage.
b. Coverage must include all owned, hired and not-owned automobiles.
(8) Certificates of insurance.
a. The company must be admitted or approved to do business in the State of Texas, unless the coverage is written by a surplus lines insurer.
b. The insurance set forth by the insurance company must be:
1. Underwritten on forms that have been approved by the Texas state board of insurance or ISO, or an equivalent policy form acceptable to the city, with the exception of environmental pollution liability and control of well coverage;
2. Set forth all endorsements and insurance coverage according to requirements and instructions contained herein; and
3. Shall specifically set forth the notice of cancellation, termination or change in coverage provisions to the city. All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN DAYS’ ADVANCE WRITTEN NOTICE IS REQUIRED.”
c. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.
(d) Indemnification and express negligence provisions. Each gas well permit issued by the gas inspector shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the City of Fort Worth and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers or employees, created by or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit. The operator shall fully defend, protect, indemnify and hold harmless the City of Fort Worth, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors or volunteers from and against each and every claim, demand or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees and expenses incurred in defense of the City of Fort Worth, Texas, its departments, agents, officers, servants or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit. The operator agrees to indemnify and hold harmless the City of Fort Worth, Texas, its departments, its officers, agents, servants, employees, successors, assigns, sponsors or volunteers from any liabilities or damages suffered as a result of claims, demands, costs or judgments against the city, its departments, its officers, agents, servants or employees, created by, or arising out of the acts or omissions of the City of Fort Worth occurring on the drill site or in the course and scope of inspecting and permitting the gas wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the City of Fort Worth occurring on the drill site or in the course and scope of inspecting and permitting the gas wells. It is understood and agreed that the indemnity provided for in this section is an indemnity extended by the operator to indemnify and protect the City of Fort Worth, Texas and/or its departments, agents, officers, servants or employees from the consequences of the negligence of the City of Fort Worth, Texas and/or its departments, agents, officers, servants or employees, whether that negligence is the sole or contributing cause of the resultant injury, death and/or damage.
(e) Notice. The individual designated to receive notice shall be a resident 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 shall within ten days notify the gas inspector in writing of any change in such agent or mailing address unless operations in the city are discontinued and abandonment is complete.
(f) Acceptance and indemnity agreement. The operator who has a net worth of not less than $50,000,000, as shown in such owner’s or operator’s most recent audited financial statements, may substitute an acceptance and indemnity agreement in lieu of the bond or irrevocable letter of credit and insurance requirements set forth in this article, provided that such acceptance and indemnity agreement shall be in a form acceptable to, and approved by, the city attorney and the city’s director of risk management. The gas inspector may request an annual review of the operator’s most recent audited financial statements to assure compliance with this section.
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009)
(a) Onsite requirements.
(1) Abandoned wells. All wells shall be abandoned in accordance with the rules of the railroad commission and pursuant to § 15-45 of this article.
(2) Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the commission and the recommendations of the American Petroleum Institute. The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the commission.
(3) Closed loop mud systems. A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Gas wells located on an open space of not less than 25 acres with no operations to be conducted within 1,000 feet of a protected use may use a lined earthen pit instead of a closed loop mud system.
(4) Compliance. Operator shall comply with all applicable federal, state and city requirements at all times.
(5) Discharge. No person shall place, deposit, discharge or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in or upon any body of water or any private property in the city or in or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain without permits from the appropriate city departments.
(6) Drilling notice. The operator shall provide 48-hour notice to the gas inspector before the start of drilling operations, fracture stimulation, work over or servicing operations.
(7) Drill stem testing. All open hole formation or drill stem testing shall be done during daytime hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe prior to the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(8) Dust, vibration, odors. All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effects are minimized by the operations carried on at any drilling or production site or from anything incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or structures shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.
(9) Electric lines. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.
(10) Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city articles and the appropriate national codes.
(11) Emergency response plan. Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the gas inspector an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the commission, Texas natural resource conservation commission, department of transportation and/or the Environmental Protection Agency and city fire code. A copy of the emergency response plan shall be kept on-site.
(12) Equipment painted. All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures. No company logos or advertisement shall be allowed.
(13) Explosives. Use of explosive charges within the city limits shall require a permit issued by the bomb and arson section of the City of Fort Worth fire department.
(14) Fire notice. In the event of a fire or discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property, the operator shall immediately report such condition to the fire department in accordance with the City of Fort Worth Fire Code. The reporting limits for hazardous materials release shall conform to the requirements of the railroad commission and not exceed any state or federal permitting limit. A copy of the hazardous materials release records required by Texas commission on environmental quality (TCEQ) shall be forwarded to the fire marshal on an annual basis.
(15) Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the fire department and required by any applicable federal, state or local law shall be provided by the operator, at the operator’s cost, and shall be maintained on the drilling site at all times during drilling and production operations. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an appropriately labeled emergency shut off valve to the well distribution line.
(16) Fracturing operations.
a. All formation fracture stimulation operations shall be conducted during daytime hours.
b. At least 48 hours before operations are commenced, the operator shall notify the gas inspector and post a sign at the entrance of the well site advising the public of the date the operations will commence.
c. “Flowback” operations to recover fluids used during fracture stimulation shall be exempt from work hour restrictions, subject to noise restrictions of § 15-42.
d. A watchman shall be required at all times during such operations.
e. At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.
(17) Fresh water fracture ponds.
a. Permit required. The construction of a fresh water fracture pit shall require a permit from the city after approval from the following city departments:
1. Fire department in order to address the location of the fresh water fracture pit;
2. Water department for sewer line and water line review;
3. Transportation and public works for master thoroughfare and floodplain review;
4. Planning and development for forestry review; and
5. Any other applicable city department as determined by the city.
b. Fracture pond. No construction of the fracture pond shall commence until review and approval from all city departments are received and a permit is issued by the gas inspector.
c. Fresh water fracture pond. No fresh water fracture pond may be placed in any city recognized drainage way or FEMA floodplain or floodway without a floodplain development permit from the transportation and public works department. Fresh water fracture pond shall not be placed in existing or future rights-of-way as shown on the city’s master thoroughfare plan.
d. Compliance. Construction and maintenance of the fresh water fracture pit must comply with all city, state and federal regulations.
e. Location. All freshwater fracture ponds located on a tract of land not adjacent to a gas drilling pad site shall be located in “AG” Agricultural, “I” Light Industrial, “J” Medium Industrial and “K” Heavy Industrial zoning districts unless otherwise authorized by the gas inspector for the purpose of reducing total number of fracture ponds. All freshwater fracture ponds located in urban villages shall require approval by the city council.
f. On location. The permit or authorization issued by the city shall be maintained on the location at all times during construction of the fresh water fracture pit.
g. Pit requirements. All pits shall meet the following requirements.
1. Fresh water fracture pits shall not be lined with a synthetic impervious liner unless approved by the gas inspector. Existing liners shall be removed at the time any pit is reworked, enlarged, restored or altered unless otherwise authorized by the gas inspector.
2. The fresh water fracture pit shall be enclosed with open design chain link black or dark green fencing on all four sides.
3. Pits shall be maintained in a manner utilizing best management practices to ensure the integrity of pit walls and liners. For purposes of this subsection (a),
BEST MANAGEMENT PRACTICES shall mean structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to control water storage in open pits in an urban or rural setting.
4. No oil and gas waste by-products or salt water shall be allowed in the fresh water fracture pit.
5. A sign at a conspicuous place or places on the property near any right-of-way, street, road or public thoroughfare. The sign shall provide the operator’s phone number for additional information.
h. Specific surface use agreement. The operator shall enter into a specific surface use agreement with the surface owner that provides for the maintenance and operation of the fracture pond when the pond is no longer under the control or use of the operator or that the operator will restore the property to its condition prior to the construction of the fracture pond. The agreement shall be provided to the city.
i. Periodic tests. Periodic tests may be required by the city’s gas well inspector. All costs for testing shall be borne by the operator or permittee of the fresh water fracture pit. All samples collected for testing shall be witnessed by the gas inspector or other designated city personnel.
(18) Fresh water wells. It shall be unlawful to drill any well the center of which, at the surface of the ground, is located within 200 feet of any existing fresh water well unless a waiver is obtained from the property owner. The measurement shall be in a direct line from the closest well bore to the fresh water well bore.
a. The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis and flow rate from any existing fresh water well within 500 feet of the gas well.
b. An operator may drill a fresh water well in compliance with state law within 200 feet of the wellbore to use for drilling and completion operations. A fresh water well that is used for drilling and production operations is excluded from the 200 foot setback for future gas wells drilled on the permitted pad site.
c. A copy of the Texas water development board permit shall be provided to the gas inspector along with the geographic coordinates of every water well within 500 feet of the well bore.
d. A copy of all plugging and abandonment reports filed with the state and/or transfer of ownership notice shall be provided to the gas inspector and the water department.
e. The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis from the fresh water well if the well is transferred to private or public use.
(19) Gas lift compressor. Any on-site compressor used to “lift gas” shall be designed to comply with the noise requirements of this article.
(20) Gas processing onsite. Except for a conventional gas separator or line heater, no refinery, processing, treating or absorption plant of any kind shall be constructed, established or maintained on the premises without appropriate city permits and a certificate of occupancy.
(21) Grass, weeds, trash. All drill sites shall be kept clear of high grass, weeds and combustible trash within a radius of 100 feet around any gas tank or tanks or producing wells.
(22) Hazardous plan. Hazardous materials management plan (HMMP) and all material safety data sheets (MSDS) for all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site shall be submitted to the gas inspector for distribution to the director of the emergency management office.
(23) Lights. No person shall permit any lights located on any site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within 300 feet.
(24) Mobilization and demobilization. Mobilization and demobilization shall be prohibited before 9:00 a.m. and after 6:00 p.m. on Sundays. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the site on Sundays.
(25) Muffling exhaust. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
(26) Pits. The following applies for pits used for drilling and completion operations.
a. Lined earthen mud or circulating pits or a closed loop mud system may be used for gas wells permitted prior to January, 2009.
b. All pits shall be approved by the applicable city department.
c. All pits and contents shall be de-watered, back-filled and compacted following the schedule established by the statewide rules of the railroad commission.
d. No drill cuttings, rotary mud or wastewater generated during drilling operations may be buried on site unless permitted by the commission and approved by the city after submission of an acceptable pre-burial test.
e. No pit shall be placed in a floodplain without obtaining a floodplain development permit from the transportation and public works department.
f. Every drill pit used for drilling operations shall be fenced on all open sides during drilling operations and enclosed on all four (4) sides with a chain link fence in compliance with § 15-43 after drilling operations have ceased.
g. No flowback water produced by fracture operations shall be placed in any open pit without a copy of a valid state permit submitted to the gas inspector.
(27) Private roads and drill sites.
a. Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the site itself shall be at least 15 feet wide, drain appropriately, have an overhead clearance of 14 feet and shall be surfaced with a crushed rock, gravel or ore and maintained to prevent dust and mud. All temporary driveway approaches must be approved by the city prior to the commencement of any drilling operations. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the gas inspector and the city director of transportation and public works after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the operation; the purpose for which the property of such owners is or may be used; topographical features; nature of the soil; and exposure to wind. Watering, wetting or other methods or materials must be used to control the dust on all roads adjacent to residential property.
b. A gated permanent approach meeting the city design requirements shall be constructed at the entrance of the access road onto a public street within 60 days after drilling operations have ceased or at the request of the gas inspector.
(28) Reduced emission completion.
a. After fracturing or re-fracturing, operators shall employ appropriate equipment and processes as soon as practicable to minimize natural gas and associated vapor releases to the environment. All salable gas shall be directed to the sales line as soon as practicable or shut in and conserved. All wells that have a sales line shall be required to employ reduced emission completion techniques and methods, but operators may request a variance from the gas inspector if they believe that reduced emission completion techniques or methods are not feasible or would endanger the safety of personnel or the public.
b. Reduced emission completion techniques and methods shall not be required for well(s) that do not have a sales line and:
1. Were permitted prior to July 1, 2009; or
2. Is the first permitted well on a pad site.
c. Flaring may be allowed in some instances as an alternative to venting as allowed by the gas inspector. If burning of gases by open flame is authorized by the gas inspector, then such open flame shall not be located closer than 300 feet from any building not used in operations on the drilling site and such open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.
(29) Salt water disposal wells. Salt water disposal wells shall not be allowed or permitted within the corporate limits of the city.
(30) Signs.
a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to § 15-43 of this article. Such sign shall made from be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following:
1. Well name and number;
2. Name of operator;
3. The emergency 911 number; and
4. Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
b. Permanent weatherproof signs reading “DANGER NO SMOKING OR OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO NO FUMAR O INICIAR LLAMA EN ESTA AREA” shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the fire department and the operator, well and lease designations required by the commission.
c. In accordance with the Fort Worth Fire Code, §§ 2703.5 and 2703.6, a National Fire Prevention Association (NFPA) 704 diamond hazard identification signs are required on each tank and at the entrance to the site adjacent to the operator’s sign. A label must be located on each tank indicating exact chemicals that may be contained in the tank. Text shall be a minimum of six inches in height, contrasting with the background color.
(31) Storage of equipment.
a. Onsite storage is prohibited. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.
b. No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or upon any site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The fire department shall be the entity that determines whether any equipment on the site shall constitute a fire hazard.
(32) Storage tanks. All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the fire chief. The top of the tanks shall be no higher than ten feet above the terrain surrounding the tanks. All storage tanks shall be equipped with a secondary containment system including lining with an impervious synthetic material. The secondary containment system shall be a minimum of three feet in height and one and one-half times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot deep. Drip pots shall be provided at the pump out connections to contain the liquids from the storage tanks.
a. Secondary containment shall be required for all equipment. Secondary containment shall be capable of containing a release of 150% of the largest storage container within the containment and have adequate freeboard to contain an average annual rain event.
b. Temporary flowback tanks shall be removed within 90 days after completion of the gas well(s) at the pad site unless permission is obtained from the gas inspector to extend the time period for no more than 30 days.
c. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank.
d. No meters, storage tanks, separation facilities or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM or the 100-year floodplain without a floodplain development permit obtained from the department of transportation and public works.
e. All tanks shall be set back at least 75 feet from any public street, road, highway or future street, or right-of-way or the nearest rail of an operating railway.
f. Tank batteries, separators and equipment shall be set back at least 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater. The setback shall apply for any protected use, public building or habitable structure for which a building permit has been issued on the date of the application for a drilling permit. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.
(33) Tank battery facilities. Tank battery facilities shall be equipped with a lightning arrestor system.
(34) Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.
(35) Valves. Each well must have a shutoff valve to terminate the well’s production. The fire department shall have access to the well site and the shut-off valve in an emergency. Each well shall be equipped with an automated valve that closes the well in the event of any abnormal increase in operating pressure.
(36) Vapor recovery for storage tanks. Vapor recovery equipment shall be required for tank batteries that have an estimated rolling annual aggregate emissions rate of 25 tons or greater of total volatile organic hydrocarbons per year per well head. Vapor recovery equipment must be operated and maintained in such a way to ensure a 95% recovery efficiency between the internal and external atmospheres of the tank(s).
(37) Vehicle truck routes. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or commercial delivery routes designated by the city code wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the city council for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer or any combination thereof. All vehicle truck routes must be approved by the gas inspector before the gas well permit is issued. The gas inspector shall have the authority to require an alternate route to minimize the impact to surrounding uses.
(38) Waste disposal. Unless otherwise directed by the commission, all tanks used for storage shall conform to the following.
a. Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification.
b. Except as provided in subsection (a)(3) above, drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, re-working or deepening of any well shall be discharged into a closed loop mud system. All disposals must be in accordance with the rules of the commission and any other appropriate local, state or federal agency.
c. Unless otherwise directed by the commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every 30 days. Water stored in on-site tanks shall be removed as necessary.
d. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this article and any other applicable article of the city.
(39) Watchman. The operator must keep a watchman or security personnel on site during the drilling or re-working of a well when other workers are not on the premises.
(40) Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings.
a. Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings shall be:
1. Covered at all times when not in use by one-half-inch steel plating, adequately covering the entire bore hole annulus to prevent accidental entrapment of persons or animals;
2. Completed through the production casing flange with a metal plate or blind flange bolted across the head; and
3. Surrounded with a six feet tall chain link fence having a gate and lock.
b. The cellar shall be filled or closed. The Braden head shall be piped to the surface and open to the atmosphere or have an observable and adequate pressure gauge with operable test valve.
(41) Work hours. No construction activities involving excavation of, alteration to or repair work on any access road or pad site shall occur during nighttime hours or at any time on Sunday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to daytime hours except in cases of fires, blowouts, explosions and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the wells site on Sundays.
(b) Noise - gas wells.
(1) Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan, approved by the gas inspector, detailing how the equipment used in the drilling, completion, transportation or production of a well complies with the maximum permissible noise levels of this section. The noise management plan must:
a. Identify operation noise impacts;
b. Provide documentation establishing the ambient noise level prior to construction of any wellhead, compressor or compression facility; and
c. 1. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:
i. Nature and proximity of adjacent development, location and type;
ii. Seasonal and prevailing weather patterns, including wind directions;
iii. Vegetative cover on or adjacent to the site; and
iv. Topography.
2. The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generation equipment
(2) No well shall be drilled, re-drilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the protected use receiver’s/receptor’s property line or from the closest exterior point of the protected use structure or inside the protected use structure if access to the property is granted by the receiver/receptor, that:
a. Exceeds the ambient noise level by more than five decibels during daytime hours and more than three decibels during nighttime hours;
b. Exceeds the ambient noise level by more than ten decibels over the daytime average ambient noise level during fracturing operations during daytime hours. No fracturing shall be allowed during nighttime hours except for flowback operations related to fracturing as provided in subsection (b)(2)c. below;
c. Exceeds the ambient noise level by more than three decibels during flowback operations during nighttime hours;
d. Creates pure tones where one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by five dB for center frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low-frequency outdoor noise levels that exceed the following dB levels:
16 Hz octave band | 65 dB |
31.5 Hz octave band | 65 dB |
64 Hz octave band | 65 dB |
(3) The operator shall be responsible for establishing and reporting to the city a continuous 72 hour pre-drilling ambient noise level prior to the issuance of a gas well permit. The 72-hour time span shall include at least one 24-hour reading during either a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site.
(4) Adjustments to the noise standards as set forth above in subsection (b)(1)a., (b)(1)b. and (b)(1)c. of this section may be permitted intermittently in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes)* |
10 | 5 |
15 | 1 |
20 | Less than 1 |
* Cumulative minutes during any one hour | |
(5) All workover operations shall be restricted to daytime hours.
(6) The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within 600 feet of a protected use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the operator. If a complaint is received by either the operator or the gas inspector from any protected use the operator shall, within 24 hours of notice of the complaint, continuously monitor for a 72-hour period the exterior noise level generated by the drilling, redrilling or other operations to ensure compliance. At the request of the gas inspector, the operator shall monitor the exterior noise level at the source of the complaint.
(7) Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the gas inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the city’s fire department.
(8) The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute’s Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(9) A citation may be immediately issued for failure to comply with the provisions of this section. However, if the operator is in compliance with the approved noise management plan, 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.
(c) Setbacks.
(1) Distance.
a. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
1. Within 25 feet from any storage tank or source of ignition;
2. Within 75 feet of any public street, road, highway, future street, right-of-way, property line or the nearest rail of an operating railway;
3. Within 600 feet from any protected use;
4. Within 300 feet from any public building;
5. Within 200 feet from any habitable structure;
6. Within 100 feet of any building accessory to, but not necessary to the operation of the well;
7. Within 200 feet to any fresh water well not drilled by the operator as a specific source of water used for drilling or completion operations without the express written permission of the owner of the water well; or
8. Within 300 feet from an outer boundary surface property line or a distance minus the required zoning setback of the adjacent property at the time of permitting the first gas well unless one of the following conditions exist:
i. The oil, gas and mineral lease precedes the formation of an outer boundary surface property line; or
ii. The adjacent property is owned or under lease by the operator.
b. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any object listed in subsections (c)(1)a.1. through (c)(1)a.6. and (c)(1)a.8. above, except that the measurement from a well bore to a school not located within another protected use shall be from the property line of the school to the well bore, in a straight line, without regard to intervening structures or objects.
c. The measurement for g. above shall be in a direct line from the closest well bore to the fresh water well bore. The distance requirement for fresh water wells is subject to the railroad commission regulations and any other state or federal requirements.
(2) Distance reduction for protected uses. The distance set out in subsection (c) of this section may be reduced to 300 feet from any protected use, with a:
a. Waiver granted by the city council; or
b. Written notarized waivers granted by all the protected use property owners within a 600-foot radius around the proposed well pursuant to § 15-36 of this article.
(d) Compressor stations - natural gas facilities.
(1) Compressor noise regulations. For purposes of this subsection (d), OPERATOR shall refer to either the pipeline operator or the gas well operator, as applicable.
a. 1. Maximum permitted sound levels for all permanent lift or line compressors shall be limited by the following zoning classifications:
Industrial | 75 dBA day/65 dBA night |
Commercial | 65 dBA day/55 dBA night |
Residential | 55 dBA day/50 dBA night |
2. If the measurement location is on a boundary between two different land use classifications, the lower noise level standard applicable to the noise zone shall apply.
b. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient for that location (measured at the property line of the noise creator).
c. Noise measurement will be taken at the property line of the compressor station to determine ambient. To determine compliance with the noise requirements all measurements will be taken at the property line of the receiver/receptor.
d. Compressors shall meet the low and high frequency requirements/standards as required for gas wells cited above.
(2) Lift compressors.
a. Lift compressors shall be allowed in all zoning districts, but shall be restricted to the gas drilling pad site.
b. Except as outlined below, lift compressors shall be required to meet all the noise standards of subsection (a) above.
1. Temporary lift compressor for each well shall be classified as temporary for six months for noise regulations purposes and shall be allowed five dBA over ambient during the day and three dBA over ambient at night.
2. No compressor shall be considered temporary if installed within six months of removal of the initial compressor for that well.
3. Permanent lift compressors shall be required to meet the zoning noise requirements for their zoning location as outlined in subsection (d)(1) above.
4. Sound blankets shall be permitted for noise abatement on temporary lift compressors.
5. No sound blankets shall be permitted for permanent lift compressors. All acoustical structures for permanent compressors must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment, is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.
c. All lift compressors shall be set back a minimum of 200 feet from any protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.
d. All compressor and associated equipment and buildings shall be enclosed by a six-foot security fence constructed per § 15-43, Fences and landscaping, of this article.
e. One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.
f. All equipment or buildings associated with the operation of the compressor located in or within 600 feet of residentially used property or from the public right-of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development or his or her designee that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.
g. Secondary containment. Secondary containment shall be required around all compressor stations. All secondary containment must meet the requirements of subsection (a)(32) above.
h. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes or ignited carbon or soot.
i. All facilities shall be inspected by the fire marshal for compliance with relative fire codes and the gas inspector prior to operation of the compressor.
(3) Line compressor sites.
a. Line compressor site permit application requirements.
1. A person wanting to engage in and operate a line compressor shall first apply for and obtain a line compressor site permit as required under this article.
2. The requirements below are for the purpose of evaluating and processing an application for a line compressor site and are not meant to supersede any other part of the city code pertaining to development or building standards.
i. Every application for a line compressor site issued pursuant to this article shall be in writing signed by the line compressor operator, or a person duly authorized to sign on behalf of the line compressor operator, and filed with the inspector.
ii. Each application shall be accompanied by a fee as set forth in the city code for gas drilling and production fees.
iii. The application shall include the following information:
A. The date of the application;
B. A legal description of the property. The property must be platted and referenced by subdivision, block and lot numbers;
C. Surface owners’ name(s) and address(es) of the line compressor site property;
D. Line compressor operator/applicant name and address and if the line compressor operator is a corporation, the state of incorporation, and if the line compressor operator is a partnership, the names and addresses of the general partners;
E. Name and address of individual designated to receive notice;
F. Location and description of all improvements and structures within 1,000 feet of the line compressor site;
G. Owner and address of each parcel of property within 1,000 feet of the proposed line compressor site;
H. A surveyed site plan of the proposed line compressor site shall display a registered professional land surveyor seal, a legend with scale for measurements and a complete legal description with property lines and easements shown. The surveyed line compressor site plan shall include specific details to the projected location of the major components of the line compressor site, the location of all improvements and equipment, including, but not limited to, tanks, city regulated pipelines, compressors, separators, lights, storage sheds, fencing, driveway approaches and any access roads. The surveyed line compressor site plan shall show the location of specific compressors, pipelines, tanks and reservoir(s) in relationship to existing and proposed water and sanitary sewer lines and any other utility easements. The line compressor site plan shall also indicate floodway, floodplain or city recognized drainage ways and the elevation and slope of the line compressor 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 compressors to these buildings and structures, temporary and permanent fencing and landscaping. Zoning of the property and adjacent property must be shown;
I. A statement, under oath, signed by the line compressor operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the compressor operator or designated representative, true and correct;
J. Noise management plan demonstrating compliance with subsection (d)(1)a. above; and
K. A request for waiver as outlined in subsection (d)(4) below, if applicable.
b. Location. Line compressor sites shall be permitted only in “PD” planned development zoning districts, “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts and shall meet the following setbacks.
1. “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts setback. The boundary of all line compressor sites in “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts shall be set back a minimum of 600 feet from any protected use. The setback from protected uses may be reduced to 300 feet from the boundary of the line compressor site provided the line compressor(s) located within the line compressor site are fully enclosed.
2. “PD” planned development zoning district setback. The boundary of all line compressor sites in “PD” zoning districts shall be set back a minimum of 1,000 feet from a protected use. The distance may be reduced to 600 feet when written waivers are obtained from 100% of the protected use property owners within such distance by the applicant or by the granting of a waiver from the city council.
3. All zoning districts. The boundary of all line compressor sites shall be setback a minimum of 300 feet from a public building or a habitable structure.
c. Equipment and buildings not part of the operation of the line compressor site. Equipment and buildings not part of the operation of the line compressor site shall be set back a minimum of 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.
d. Setback measurement. The measurement of the setback distance shall be made from the boundary of the line compressor site, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the closest protected use or boundary line of a public park or property line of a school. The line compressor operator shall designate the area within the line compressor site where one or more line compressors may be located. The line compressor site will be defined as an area on the site plan by coordinates and setback distance will be measured from the defined area.
e. Standards. Line compressor sites shall be required to meet the following standards.
1. Line compressor sites shall meet the applicable noise standards for that zoning classification as set out in subsection (d)(1)a. above. Landscaping, buffering or acoustical structures shall be required as required by this section and as required by the zoning regulations for the applicable zoning district.
2. No sound blankets shall be allowed.
3. All acoustical structures must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment is a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.
4. All facilities shall be inspected by the inspector prior to operation of the compressor.
5. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations.
f. All line compressor sites and associated equipment and buildings shall be enclosed by a six foot security fence constructed per § 15-43 of this article.
g. One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including, but not limited to, trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.
h. All equipment, that is located in or within 600 feet of a residence or from the public right- of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.
i. Secondary containment shall be required around all line compressors and within the line compressor site. All secondary containment must meet the requirements of § 15-42(a)(32).
j. In addition to the regulations set out above, line compressor sites located adjacent to residential zoning shall be required to meet the following standards.
1. The six-foot security fence constructed per § 15-43 shall be set back a minimum of ten feet from the property line of the residence and a minimum of 20 feet from the public right-of-way.
2. A ten-foot landscaped bufferyard along the entire length of the boundary line between any line compressor site and the residential zoning shall be required and maintained. The bufferyard shall consist of an open space of grass and other landscaping that screens or blocks vision, noise pollutants and other negative by products. The bufferyard shall be required even when an alley is located between the line compressor site and the residential zoning.
3. A minimum 20-foot landscaped bufferyard shall be required along all street frontages across the street from residential zoning to screen the view of the property from the public rights-of-way.
4. A minimum of one three-inch caliper large canopy tree, as defined in Chapter 6 of the zoning article, with a mature height of 25 feet shall be required every 40 feet and screening shall be provided using hedges, berms or mass planting to a height of not less than 24 inches with live groundcover.
5. The bufferyard is intended to serve as a buffer between the compressor station and the residential zoned property. Structures and equipment or any type of storage shall not be permitted in the bufferyard.
(4) Gas line compressor site in PD zoning districts - setback waiver process.
a. A request for a setback waiver for a line compressor site within 1,000 feet of a protected use shall be submitted to the director of planning and development gas well division.
b. A line compressor site shall not be allowed within 1,000 feet of a protected use in a PD zoning district without a:
1. Waiver granted by the city council; or
2. Written notarized waivers granted by 100% of the protected use property owners within a 1,000-foot radius around the proposed line compressor site 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 line compressor operator, in the applicable county records prior to the application of a line compressor site.
3. This setback distance may be reduced, but never less than 600 feet from a protected use.
4. This provision applies to any existing protected use or where a building permit has been issued or applied for a protected use on the date the application for a line compressor site is filed with the inspector.
c. Permitting procedure for request of a waiver by the city council.
1. After a line compressor site permit application and waiver request are submitted for a line compressor site within 1,000 feet of a protected use, the inspector shall schedule a review of the permit by the GDRC. Notice provisions for the GDRC and its reporting requirements are provided for under § 15-34(p).
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 to allow the issuance of a line compressor site within 1,000 feet of a protected use, the city shall notify, at line compressor 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 line compressor site of the hearing date and time. The notice shall contain an internet link for information on gas drilling, and contact telephone numbers for city staff and the line compressor 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 line compressor site.
3. At least 15 days, and no more than 20 days prior to the date of the public hearing before city council to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article, the line compressor operator shall publish a notice at line compressor 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 to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article the line compressor operator shall, at the line compressor operator’s expense, erect at least one sign, as approved by the inspector, no less than three feet by three feet, upon the premises upon which a line compressor site waiver within 1,000 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 inspector may require additional signage if the premise fronts on more than one right-of-way, street, roadway or public thoroughfare.
i. The sign(s) shall substantially indicate that a line compressor site waiver to allow issuance of a line compressor site within 1,000 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 line compressor operator/applicant at the number indicated on the sign.
ii. 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.
iii. Any sign(s) shall be removed as soon as possible subsequent to final action by the inspector or the city council.
5. All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
6. Before the city council considers the waiver request, the line compressor operator/applicant shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, and that the line compressor 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.
7. The burden of proof on all matters, except notice, considered in the hearing shall be upon the line compressor operator/applicant.
8. 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 line compressor site permit within 1,000 feet of a protected use:
i. 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;
ii. Whether the line compressor site would conflict with the orderly growth and development of the city;
iii. Whether there are other alternative line compressor site locations available;
iv. Whether there is approved access for the city fire personnel and fire fighting equipment;
v. Whether there is reasonable access to the line compressor site that minimizes the impact to residential properties if the use of non-designated commercial or truck routes are required; and
vi. The recommendations of the Inspector and zoning commission.
9. The city council may require an increase up to 1,000 feet in the line compressor operator/applicant’s proposed distance that the line compressor site is to be set back from any protected use or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this section 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.
10. The city council may accept, reject or modify the application in the interest of securing compliance with this article and the City Code.
d. Permitting procedure for a waiver from protected use property owners under division (d)(4)b.2. above.
1. No application for a line compressor site within 1,000 feet of a protected use shall be accepted unless the written notarized waivers are obtained from 100% of the protected use property owners within 1,000 feet of the proposed line compressor site.
2. Waivers must be in a format approved by the city and shall include an aerial exhibit attached clearly depicting the area of a proposed line compressor site with 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.
3. Written notarized waivers granted by the all the protected use property owners within a 1,000-foot radius around the proposed line compressor site must be filed, at the expense of the line compressor 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 line compressor site waiver within 1,000 feet of a protected use.
(5) Existing line compressor sites - grandfathering process.
a. Existing line compressor sites within city limits. Line compressor operators shall notify the inspector of existing line compressor sites within 45 days of the effective date of the ordinance adopting this regulation in order to designate those sites as “grandfathered” to prior ordinance requirements. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Setbacks to a protected use of 600 feet from the site boundary must be met.
1. Line compressor sites permitted or built prior to February 3, 2009 shall submit a noise management plan that demonstrates compliance with noise requirements for industrial zoning. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).
2. Line compressor sites permitted or built on or after February 3, 2009 shall verify that a noise management plan that is in compliance with this section, as amended, is on file with the Inspector.
b. Annexed sites. Compressor operators shall notify the inspector of existing line compressor sites within 45 days of annexation. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Sites shall adhere to the noise requirements for industrial zoning districts. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, § 4, passed 11-10-2009; Ord. 19022-02-2010, § 1, passed 2-2-2010; Ord. 20166-04-2012, § 2, passed 4-10-2012; Ord. 20927-09-2013, §§ 5, 6, 7, 8, 9, passed 9-10-2013; eff. 9-20-2013; Ord. 22420-09-2016, § 1, passed 9-13-2016, eff. 9-20-2016)
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