(A) It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-working, completion or operation of any well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the town in accordance with this chapter. Activities include, but are not limited to re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, and fracturing. A permit shall be required for seismic surveys on public property. Written notice must be given to the Inspector no less than ten days before the activities begin.
(B) An operator must apply for and obtain a gas well permit for the drilling, re-drilling, deepening, re-entering, or activating of each well bore even if the bore is on a pad site already in existence. Prior to any activity associated with future fracture stimulation, or any other activity of significance, the town requires the operator provide 72 hours written notice to the Town Administrator or inspector prior to such activity.
(C) A gas well permit shall not constitute authority for the re-entering of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this chapter if the operator is re-entering an abandoned well.
(D) When a gas well permit has been issued to the operator for the drilling, re-drilling, deepening, re-entering, activating or converting of a well, such gas well permit shall constitute sufficient authority for drilling, completion, operation, production, gathering or maintenance, repair, reworking, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well as set out in the permit, provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of re-drilling, deepening, or converting such well to a depth or use other than that set forth in the then current permit for such well. Prior to any activity associated with future fracture stimulation, or any other activity of significance, the town requires the operator provide 72 hours written notice to the Town Administrator or inspector prior to such activity.
(E) Any person who intends to re-work a permitted well using a drilling rig, or to recomplete or fracture stimulate a permitted well after initial completion or to conduct seismic surveys or other exploration activities, shall give written notice to the Inspector no less than ten days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the Inspector, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities. If the Inspector determines that an inspection is necessary, the operator will pay the town for the inspection. The following requirements shall apply to all fracture stimulation operations performed on a well within 600 feet of a protected use:
(1) At least 48 hours before operations are commenced, the operator shall post a sign at the entrance of the well site advising the public of the date the operations will commence;
(2) Flowback operations to recover fluids used during fracture stimulation shall be performed during daytime hours only unless the Inspector approves such operations during nighttime hours;
(3) A watchman shall be required at all times during such operations; and
(4) 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.
(F) A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the issuance of the gas well permit. A gas well permit may be extended by the Inspector for an additional 180 days upon request by the operator and proof that the classification of the requested gas well permit for such location has not changed.
(G) The gas well permits required by this chapter are in addition to and are not in lieu of any permit which may be required by any other provision of this code or by any other governmental agency.
(H) No gas well permit shall be issued for any well to be drilled within any floodway, as defined in this code of ordinances, and as identified by FEMA on the most current FIRM.
(I) Set back requirements.
(1) It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
(a) Within 600 from any playgrounds, competition athletic fields, swimming pools, water slides and playgrounds, concession stands, pavilions or public picnic areas with a public park unless prior consent is obtained from the City Council to drill in a public park;
(b) Within 600 from a protected use for which a building permit has been issued on or before the date of the application for a drilling permit. This includes residences, religious institutions, public buildings, retail or commercial buildings, hospitals or schools;
(c) Within 50 feet of any public street, road, highway, or right-of-way line;
(d) Within 200 feet to any fresh water well. The measurement shall be in a direct line from the closest well bore to the fresh water well bore. The reduction of the distance requirement for fresh water wells is subject to the Railroad Commission regulations and any other state or federal requirements;
(e) Within 150 feet of any property line;
(f) Within 150 feet from a railroad right-of-way;
(g) Within 25 feet from any outer boundary line of the drill well site;
(h) Within 25 feet from any storage tank, or source of ignition; or
(i) Within 100 feet of any building accessory to, but not necessary to the operation of the well.
(2) Tank batteries, well facilities and equipment shall be located at least 100 feet from an existing protected use or a protected use for which a building permit has been issued on the date of the application for a drilling permit is filed. 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 property line of the building.
(3) The measurement of all distances shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the object listed above. The above calculations shall be prepared by a registered professional land surveyor.
(J) (1) It is provided that an application may be made to reduce the set-back requirement and such application shall be considered and determined by the City Council. When such application is received, the City Secretary shall determine a time to place the item on the agenda of the City Council for public hearing, subject to the notice requirements contained herein.
(2) At least 15 days, and no more than 25 days prior to the date of the public hearing before the City Council for the reduction in the set back distance, the town and the applicant shall notify each surface owner of property, as shown by the current tax roll, within 600 feet of the proposed well site not owned by or under lease to the operator of the hearing date and time. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. Notice shall be sent to all registered neighborhood associations within one mile of the proposed drill site.
(3) No more than 20 days prior to the date of the public hearing before City Council for a variance in the set back distance, the applicant shall publish a copy of the notice as outlined below, at operator’s expense, in one issue of the Fort Worth Star Telegram Town for seven consecutive days and shall publish such notice at least two consecutive weeks in the Azle News, with the last date of publication in the Azle News being no more than 7 days prior to the public hearing. The operator shall certify that it has met these publication dates at the public hearing. The notice shall read as follows:
Notice is hereby given that, acting under and pursuant to the Ordinances of the Town of Lakeside, Texas, on the day of 2 filed with the Town Secretary of the Town of Lakeside, an application for a variance from the well set back requirements of the Ordinances in order to obtain a gas well permit to drill, complete and operate a well for gas upon property located at , County, Lakeside, Texas, more particularly shown on the map of record in Volume , Page , Plat records of County, Texas. The request for variance asks that the City Council reduce the set back from 600 feet to feet from the nearest {residence, building, or whatever is most applicable}. The City Council will conduct a public hearing on the request for said permit on the day of , 2 at o’clock .m. in the Town Council Chamber located at 9830 Confederate Park Road, Lakeside, Texas.
(4) At least 20 days prior to the date of the public hearing before City Council for the set back variance, the applicant shall, at applicant’s expense, erect at least one town-approved sign, no less than two feet by three feet, upon the premises where the variance has been requested. The sign or sign shall be located in a conspicuous place or places upon the property where it can be seen and read from a point or points nearest the right-of-way, street, roadway or public thoroughfare adjacent to such property.
(5) The sign(s) shall substantially indicate that a variance from the set back distance of 600 feet has been sought by the applicant and state the time and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number indicated on the sign or by calling the Lakeside Town Hall and giving the telephone number of the Town Hall.
(6) After an application for a set back variance is submitted, the Inspector shall evaluate the public impact of the proposed activity. The Inspector shall consider the proposed site and the proposed operations or drilling program and shall give its recommendation to the City Council. The recommendation shall be submitted to the City Council for consideration prior to the public hearing.
(7) At the public hearing and before the City Council considers the merits of the application and the recommendations of the Inspector, the applicant/operator shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, that timely actual notice of the hearing was given to all persons as required by this chapter.
(8) The burden of proof on all matters 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 variance from the set back requirement:
(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 there;
(b) Whether the drilling of such wells would conflict with the orderly growth and development of the town;
(c) Whether there are other alternative well site locations;
(d) Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with any gas well permit conditions to be imposed;
(e) Whether there is accessible access for the town fire personnel and fire fighting equipment; and
(f) 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.
(10) If a variance is granted by the City Council, it may impose such conditions in granting a gas well permit as it, in its discretion, deems appropriate and in the best interest of the citizens of the town.
(K) The measurement of all distances shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the object listed above. The above calculations shall be prepared by a registered professional land surveyor.
(L) By acceptance of any gas well permit issued pursuant to this chapter, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any gas well permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such gas well permit.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999