(A) Definitions. For the purposes of this section, the definitions set forth in § 114.02 shall apply unless the context clearly indicates or requires a different meaning. All technical industry words or phrases related to the drilling and production of gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the gas industry.
(B) Specific use permit required. The drilling and production of gas within the city shall only be permitted by specific use permit in accordance with § 155.080. A site plan is required with the specific use permit application and must include all information required by § 155.080(D) and the following additional information:
(1) The total number of wells to be drilled.
(2) The location of the drill site and a layout of the site showing all related facilities, including, but not limited to, drilling rig, pipe rack, water and sanitary sewer facilities, electrical supply, camper/office trailers, reserve pit, and fracturing pits.
(3) The location of the operation site and a layout of the site showing all related facilities, including but not limited to wellheads, separators, dehydrators, tank batteries, compressors, and metering stations.
(4) Size, location and purpose of any shared facilities, including, but not limited to, centralized tank batteries or fracturing pits for multiple wells or drill sites.
(5) The design, location, and arrangement of all access roads.
(6) A map of the public streets to be used by truck traffic to the drill site.
(7) The location of any floodplain, drainage or flowage easement.
(8) A tree survey if required by the Landscape Administrator for compliance with the city's Natural Resources Management Ordinance.
(9) A pipeline routing map indicating the location and size of all existing and planned pipelines within both the territorial and extraterritorial limits of the city intended to serve the well or wells identified in the above-referenced site plan. If approved by the City Council, the submitted pipeline routing map shall be made a condition of the specific use oermit. Proposed revisions or modification to an approved pipeline routing map shall be processed in accordance with the provisions of § 155.080(J).
(10) A video, provided in DVD format only, documenting existing conditions of the city streets within one mile of the drill site or line compressor facility that will be used by truck traffic to the site, plus a DVD video or still photographs taken from the well(s) in four directions depicting the existing conditions of the property being used for the drill site or line compressor.
(11) Time limits.
(a) A specific use permit issued under this section shall expire as to each drill site, operation site or line compressor facility authorized by the specific use permit, and a new specific use permit shall be required approving each unused drill site, operation site or line compressor facility if two years have elapsed since the approval of the specific use permit and at the time of the proposed use an unused drill site, operation site or line compressor facility would no longer comply with the setback limitations set forth in division (E) of this section.
(b) The authorization for gas well drilling and production activities under a specific use permit issued under this section shall be valid for a period of five years from the date of issuance and shall expire for any surface activity, including, but not limited to, the drilling, fracturing and completion of wells or the installation of new equipment, that is not completed within said five year period, unless an extension of time is approved by the City Council in accordance with the following procedure:
1. An operator of an existing drill site or operation site seeking an extension of time shall submit an application for a new specific use permit in accordance with § 155.080, including a site plan and any other required documentation.
2. Before the City Council takes any action on the application, the Planning and Zoning Commission must submit its recommendation and report to the City Council, and public hearings before both the Planning and Zoning Commission and the City Council must be held and public notice must be given in accordance with § 155.115(C).
3. Written consent for a distance setback specified in division (E) of this section shall not be required for an existing drill site or operation site, provided that there are no changes, other than the extension of time, being proposed from the preceding specific use permit. If changes are proposed, that in the opinion of the City Manager or his or her designee, would change the character of the site and increase its impact on surrounding properties, the Manager or his representative shall advise the Mayor and Council that the staff is recommending that the renewal request comply with requirements of division (E) of this section. An applicant may appeal such decision to the City Council.
4. The City Council may grant additional extensions of time, not to exceed five years in duration per request. Additional extensions of time may be sought subject to the limitations set forth in this section, provided that the application is made not sooner than the four year anniversary and prior to the five year anniversary of the new specific use permit.
5. Notwithstanding the foregoing division 4., the operator of an existing drill site or operation site shall be entitled to make an application for an extension of time regardless of the expiration of the preceding specific use permit, provided that the application is made prior to April 28, 2016. Any application received after April 28, 2016, shall conform to division 4. above.
6. If the application for the new specific use permit is approved by the City Council, the operator shall conduct all gas well drilling and production activities in compliance with the regulations in Chapter 114 of this code and all other applicable city ordinances, and any amendments thereof.
(c) A specific use permit issued for the activities regulated by this section shall not be subject to expiration pursuant to § 155.080(H).
(d) An approved specific use permit shall expire for each drill site operation site or line compressor facility that is used and then abandoned. A drill site, operation site, or line compressor facility that is used will be deemed abandoned once the use thereafter ceases for at least 12 consecutive months. Intent to abandon shall be irrelevant.
(C) Line compressors.
(1) A specific use permit is required for the establishment and operation of a line compressor and its related facilities and equipment whether in conjunction with a gas well or as an independent operation, in accordance with § 155.080.
(2) A site plan is required with the specific use permit application and must include all applicable information required by § 155.080(C). The site plan must identify the location of the proposed line compressor and provide a layout of the site showing all related facilities and equipment. If the compressor is established separately from a drill site or operation site, a video documenting the existing conditions where the compressor is to be located shall also be required.
(D) Efficient use of surface. It is the intent of this section to encourage efficient surface land use by requiring compact and centrally located gas well development that minimizes the total amount of surface area needed for gas well facilities and avoids the creation of unusable strips and parcels. In order to implement this requirement, each operator shall, to the extent permitted by Railroad Commission spacing rules, strive to locate new drill sites in close proximity to pre-established drill and/or operation sites, if located within 600 feet of the proposed new site. This requirement shall apply regardless of whether the pre-established drill and/or operation sites are owned or managed by a different operator.
(E) Required setback.
(1) No drill site or line compressor facility shall be permitted within 600 feet of the boundary of any preliminary or final platted residential subdivision, except under one of the following conditions:
(a) A drill site or line compressor facility shall be permitted as close as 300 feet to any boundary line of a platted subdivision if all affected property owners within 600 feet of the drill site or line compressor facility consent in writing; or
(b) Notwithstanding the foregoing, a drill site or line compressor facility may be located on a lot within the boundaries of a preliminary or final platted residential subdivision with the written consent of the property owner, provided the drill site or line compressor facility is located at least 300 feet from the boundary of any final platted residential lot within the subdivision and the required distances set forth in divisions (2) and (3) below are adhered to in accordance with their terms.
(c) For the purpose of division (a) above, "affected property owner" shall mean the owner of property that is both within 600 feet of the proposed drill site or line compressor facility and located within the boundary of a preliminary or final platted residential subdivision.
(2) No drill site or line compressor facility shall be permitted within 600 feet of the boundary line of a property with a residential structure (if located on an unplatted tract), public building, institution, public or private school, day care center, or commercial building, except under one of the following conditions:
(a) A drill site or line compressor facility shall be permitted as close as 300 feet to any boundary line of a property described in division (2) above if all affected property owners within 600 feet of the drill site or line compressor facility consent in writing; or
(b) Notwithstanding the foregoing, a drill site or line compressor facility may be located on a property containing a residential structure (if located on an unplatted tract), public building, institution, public or private school, day care center, or commercial building with the written consent of the property owner and the required distances set forth in divisions (E)(1) and (3) are adhered to in accordance with their terms.
(c) For the purpose of division (a) above, "affected property owner" shall mean the owner of property that is both within 600 feet of the proposed drill site or line compressor facility and contains a building or structure described in division (2) above.
(3) No drill site or line compressor facility shall be permitted within 1,000 feet from any hospital, nursing home, or the city's Law Enforcement Center. For the purposes of this section, "nursing home" means a place for the care of individuals who, because of injury, incapacity, age or infirmity are generally non-ambulatory and require twenty-four hour supervised personal and/or medical care.
(4) No well or line compressor may be located within 100 feet of a railroad right-of-way.
(5) In addition to obtaining written permission from property owners in accordance with divisions (E)(1)(a) or (E)(2)(a) above, a gas well operator shall give written notice, in a form acceptable to the city, to the tenants or lessees of any residential protected use or the owner of a residential structure such as a manufactured home on a rental property within 600 feet of the proposed drill site for which the operator is making an application for a specific use permit. Such notice shall be sent by certified mail, return receipt requested, and by first class U.S. mail. The operator shall provide copies of the return receipts and an affidavit certifying that notice has been sent to the above-referenced tenants or lessees.
(Ord. 671, passed 4-15-86)