(A) It is the responsibility of the Inspector to review and approve or disapprove all applications for gas well drilling permits based on the criteria established by this chapter. The Inspector, within 30 days after the filing of a completed application and remittance of all fees, insurance and security per the requirements of this chapter for a gas well permit, shall determine whether or not the application complies in all respects with the provisions of this chapter and shall determine if the proposed well to be drilled or the facility to be installed is in compliance with the requirements for the requested gas well permit.
(B) The provisions of this chapter 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 Inspector.
(C) Within 30 days of the Inspector’s determination that the application complies with all requirements, the Inspector shall place the matter on the City Council 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 30-day period shall not begin to run until the Inspector has made a determination that the application complies with all requirements.
(D) At least 15 days, and no more than 25 days prior to the date of the public hearing before the City Council for a gas well permit under this chapter, the town and the operator 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. The 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.
(E) 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 under this chapter, operator 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 be published at least two consecutive weeks in the Azle News, with the last date of publication in the Azle News being at least five 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 20 , filed with the Town Secretary of the Town of Lakeside, an application for 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 or per Tax Tract Number , County, Texas. The City Council will conduct a public hearing on the request for said permit on the day of , 20 at o’clock .m. in the Town Council Chamber located at 9830 Confederate Park Road, Lakeside, Texas.
(F) At least 20 days prior to the date of the public hearing before City Council for a gas well permit the operator shall, at operator’s expense, erect at least one town-approved sign, no less than two 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 any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(1) The sign(s) shall substantially indicate that a I permit to perform the activity sought by the operator has been requested 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.
(2) 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 chapter.
(3) Any sign(s) shall be removed within seven days of final action by the City Council.
(G) All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(H) After a permit application 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 draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening and any other requirements the Inspector deems appropriate. The recommendation shall be submitted to the City Council for consideration prior to the public hearing.
(I) 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 and that the applicant/operator has otherwise complied with or satisfied all other requirements of this chapter, including full and complete compliance with the insurance and security requirements.
(J) The burden of proof on all matters considered in the hearing shall be upon the applicant/operator.
(K) 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 gas well permit:
(1) 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;
(2) Whether the drilling of such wells would conflict with the orderly growth and development of the town;
(3) Whether there are other alternative well site locations;
(4) Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the gas well permit conditions to be imposed;
(5) Whether there is accessible access for the town fire personnel and fire fighting equipment;
(6) 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:
(a) The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and
(b) The availability of alternative drill sites; and
(7) The recommendations of the Inspector.
(L) The City Council may require an increase in the distance the well is 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, including but not limited to those contained in §§ 154.055 and 154.056 of this chapter, and including fencing, screening, lighting, delivery times as well as other trucking activity times, noise levels, tank height, or any other matters reasonably required by public interest.
(M) In making its decision, the City Council shall have the power and authority to refuse any gas well permit to drill any well at any particular location within the town, when by reason of such particular location and other characteristics, the drilling of such wells at such particular location would be injurious to the health, safety or welfare of the inhabitants in the immediate area of the town.
(N) The City Council may accept, reject or modify the application in the interest of securing compliance with this chapter, the city code and/or to protect the health, safety and welfare of the community.
(O) If the operator elects not to accept the gas well permit under the terms and conditions imposed by the City Council and wishes to withdraw his or her application, the operator must notify the Inspector in writing of his or her decision.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999