A. Wells located within one thousand (1,000) feet of a protected use. An oil and gas well permit shall not be issued for any well to be drilled within one thousand (1,000) feet of a residence, religious institution, hospital building, school or public park without:
1. Waiver granted by the City Council, (except for residences); or
2. Written notarized waiver granted by all the protected use property owners within one thousand (1,000) 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 an oil and gas well permit.
This setback distance may be reduced, but never less than six hundred and sixty (660) feet, from any residence, religious institution, hospital building, school or public park.
The setback distance may never be reduced for a residence except by both an explicit authorization by all effected residence owners, including all undivided interest holders or homesteaded spouses in said residence(s), via written notarized waiver; and also the required waiver granted by the City Council. The City Council may not unilaterally grant the waiver without the above stated written consent of all the effected residence owners.
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 Oil and Gas Inspector.
The measurement of the one thousand (1,000) foot distance shall be made from the well bore, in a straight horizontal line, as looking down from an aerial view as upon a map, without regard to vertical deviation(s) or 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 Section 66-142, an application for an oil and gas well permit to drill a well within one thousand (1,000) feet of a protected use shall include a letter to the Assistant Director of Planning and Development-Oil and Gas Well Division requesting a public hearing to obtain an oil and gas well permit from City Council or a copy of the written notarized waivers from the protected uses within one thousand (1,000) 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 forty-five (45) days of receipt of a complete application, a site plan and a request for a waiver to drill an oil and gas well within one thousand (1,000) feet of a protected use, the Oil and 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 forty-five (45) day period shall not begin to run until the applicant/operator has provided the Oil and Gas Inspector with a complete application package.
2. At least twenty (20) days, and no more than thirty (30) days prior to the date of the public hearing before the City Council for a waiver and the issuance of an oil and gas well permit within one thousand (1,000) 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 Purcell Fire Department address system and the current tax rolls within one thousand (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 oil and gas drilling, the number of wells requested by the applicant, that drilling may commence within three hundred sixty-five (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 (½) mile of the proposed drill site.
3. At least fifteen (15) days, and no more than twenty (20) days prior to the date of the public hearing before City Council for an oil and gas well permit within one thousand (1,000) feet of a protected use under this article, operator shall publish a notice at operator's expense, in one (1) issue of the local section of a newspaper of general circulation in the City, for ten (10) 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 twenty (20) days prior to the date of the public hearing before City Council for an oil and gas well permit within one thousand (1,000) feet of a protected use under this article the operator shall, at operator's expense, erect at least one (1) sign, as approved by the Oil and Gas Inspector, no less than three (3) feet by three (3) feet, upon the premises upon which an oil and gas well permit within one thousand (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 Oil and Gas Inspector may require additional signage if the premise fronts on more than one (1) right- of-way, street, roadway, or public thoroughfare.
a. The sign(s) shall substantially indicate that an oil and gas well permit to drill for oil and gas within one thousand (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 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 oil and gas well permit to drill within one thousand (1,000) 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 one thousand (1,000) feet of a protected use, the Oil and Gas Inspector shall evaluate the public impact of the proposed activity. The Oil and 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 Oil and 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 Oil and 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 an oil and gas well permit to drill within one thousand (1,000) 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 oil and 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 oil and 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 oil and 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 Oil and Gas Inspector; and
i. Whether all of the potentially effected residential owners have provided the required waivers if the proposed well is to be permitted within the allowed distance for a residence under allowed variances.
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 Sections 66-161 and 66-162 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 an oil and gas well permit within one thousand (1,000) 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 one thousand (1,000) feet of the proposed well site. Written notarized waivers granted by the all the protected use property owners within a one thousand (1,000) 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 an oil and gas well permit within one-thousand (1,000) feet of a protected use.
If the operator fails to obtain written waivers from all property owners within a one thousand (1,000) foot radius around the proposed well, or boundary of multiple well site the operator must submit a request for a waiver to drill an oil and gas well within one thousand (1,000) feet of a protected use from City Council pursuant to the requirements of subsection (C) of this section (except for residences which mandatorily require waivers from all effected residential owners) or modify the well location to comply with the one thousand (1,000) 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.
2. 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 Purcell Fire Department addresses within one thousand (1,000) feet of the proposed well or boundary of multiple well site not owned by or under lease to the operator.
The notice shall contain the information as outlined below, an internet link for information on oil and 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 (½) mile of the proposed drill site.
3. At least ten (10) days prior to the date of filing of an application for an oil and gas well permit within one thousand (1,000) feet of a protected use by protected use waiver under this article with the Oil and Gas Inspector, operator shall publish the notice at the expense of the operator, in one (1) issue of the local section of a newspaper of general circulation in the City for ten (10) 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 ten (10) days prior to, but not more than thirty (30) days, the date of filing of an application for an oil and gas well permit within one thousand (1,000) feet of a protected use under this section with the Oil and Gas Inspector, the operator, at operator's expense, shall erect at least one sign, as approved by the Oil and Gas Inspector, no less than three (3) feet by three (3) feet, upon the premises upon which an oil and gas well permit within one thousand (1,000) 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 Oil and Gas Inspector may require additional signage if the premise fronts on more than one (1) right-of-way, street, roadway, or public thoroughfare.
a. The sign(s) shall substantially indicate that an oil and gas well permit within one thousand (1,000) feet of a protected use by protected use waiver to drill for oil and 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 Oil and Gas Inspector or the City Council.
5. All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
E. Permitting procedure for oil and gas wells located greater than one thousand (1,000) feet from a protected use.
Notice for Oil and Gas Well Permit.
1. At least ten (10) days after the date of filing of an application for an oil and gas well permit with the Oil and 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 Purcell Fire Department address system and current tax roll within one thousand (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.
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 oil and gas drilling, the number of wells requested by the applicant, that drilling may commence within one hundred eighty (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 (1/2) mile of the proposed drill site.
2. At least ten (10) days prior to the date of filing of an application for an oil and gas well permit under this article with the Oil and Gas Inspector, operator shall publish a notice at the expense of the operator, in one (1) issue of the local section of a newspaper of general circulation in the City for ten (10) 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 (10) days prior to, but not more than thirty (30) days, the date of filing of an application for an oil and gas well permit under this article with the Oil and Gas Inspector, the operator, at operator's expense, shall erect at least one (1) sign, as approved by the Oil and Gas Inspector, no less than three (3) feet by three (3) feet, upon the premises upon which an oil and 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 Oil and Gas Inspector may require additional signage if the premise fronts on more than one (1) right- of-way, street, roadway, or public thoroughfare.
a. The sign(s) shall substantially indicate that an oil and gas well permit to drill for oil and 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 oil and gas well permit.
4. All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
(Ord. No. 10-08, 7-6-2010)