HomeMy WebLinkAboutOrdinance No. 2012-36 p-
(Title: An ordinance amending and replacing Article VII — Oil and Gas, of Chapter 26 —
Environment of the Code of Ordinances.)
ORDINANCE NO. 2012-36
AN ORDINANCE AMENDING AND REPLACING
ARTICLE VII — OIL AND GAS, OF CHAPTER 26 —
ENVIRONMENT OF THE CODE OF ORDINANCES OF
THE CITY OF FRIENDSWOOD, TEXAS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH;
PROVIDING FOR PENALTY; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on October 17, 2011, the City Council and City Staff reviewed current oil
and gas related regulations contained within Chapter 26 of the City's Code of Ordinances; and
WHEREAS, following the discussion and action taken on January 23, 2012, the City
Council authorized hiring a consulting oil and gas attorney to review the City's current codes and
recommend amendments thereto; and
WHEREAS, on July 2, 2012 the City Council and City Staff held a worksession to
discuss the merits of the proposed amendments, and that this Ordinance complies with the
applicable provisions of the City Charter, City Code and all other applicable laws;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
SECTION 1. FINDINGS OF FACT.
That the facts and matters set forth in the preamble of this Ordinance are hereby found to
be true and correct.
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SECTION 2. Article VII — Oil and Gas, of Chapter 26 — Environment is hereby amended and
replaced as follows:
DIVISION 1. - GENERALLY
Sec. 26-218. -Definitions.
(a) The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them by this section, except where the context clearly indicates a different
meaning:
Abandonment means "Abandonment' as defined by the Railroad Commission and includes the
plugging of the well and restoration of the well site as required by this Article.
Blowout preventer means a mechanical, hydraulic, pneumatic, or other device or combination of
such devices secured to the top of the well casing, including valves, fittings and control
mechanisms connected therewith, which can be closed around the drill pipe or other tubular
goods which completely close the top of the casing and are designed to prevent blowouts.
Building means any structure used or intended for supporting or sheltering any use or occupancy,
which includes, but is not limited to, all related well site work and placement of construction
materials on the well site.
�-' Child-care facility means a "child-care facility" defined by Chapter 42 of the Texas Human
Resources Code, as amended.
Christmas tree means the control valves, pressure gauges, and chokes assembled at the top of a
well to control the flow of oil and gas after the well has been drilled and completed. It is used
when reservoir pressure is sufficient to cause reservoir fluids to flow to the surface.
City means the City of Friendswood, Texas.
City Council means the City Council of the City of Friendswood, Texas.
City dispatcher means any representative situated at the City police station.
City officials. When the title of any City official is used in this Article, such title shall include
any duly authorized representative of such official.
Closed loop mud system means an enclosed suite of solids control equipment used for mud
circulation and intended to minimize drilling fluid dilution to provide for handling of the drilling
wastes so that reserve pits are not used.
Completion of drilling, re-drilling and re-working means the date the work is completed folr
drilling, re-drilling or re-working and the crew is released.
Comprehensive Master Plan means the City of Friendswood Comprehensive Master Plan, as
amended, consisting of multiple elements, as adopted by the City Council.
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Compression station means those facilities that compress natural gas after production-related
activities occur.
Construction means causing or carrying out any building, bulk head, filling, clearing, excavation
or substantial improvement to land or to the size of any structure.
Curbline means the line established by the City for any particular street.
City Engineer means the City of Friendswood City Engineer or his/her designated representative.
Daytime means the period from 7:00 a.m. to 7:00 p.m.
Decibel (db) means a unit for measuring the intensity of a sound/noise and is equal to ten times
the logarithm to the base ten of the ratio of the measured sound pressure squared to a reference
pressure which is 20 micropascals.
Derrick means any portable framework, tower, mast and/or structure that is required or used in
connection with drilling or re-working a well for the production of oil and/or gas.
Drilling means digging or boring a well for the purpose of exploring for, developing or
producing oil and/or gas or other hydrocarbons, or for the purpose of injecting gas, water or any
other fluid or substance into the earth.
Excavation means any movement or alteration of the surface of the ground by machinery in
conjunction with or anticipation of drilling activities or construction of a pipeline including, but
not limited to, scraping or grading a site.
Drilling district means a tract of land comprising a "spacing unit" or "proration unit" as
determined by the Railroad Commission.
Floodplain means any land area susceptible to a general and temporary condition of partial or
complete inundation of normally dry land areas in a base flood from overflow of inland waters or
from the unusual and rapid accumulation or runoff of surface waters from any source, as
designated by the City, the Federal Emergency Management Agency, the U.S. Army Corps of
Engineers, or other regulatory authority.
Fracturing means the process of fracture stimulation of a rock formation, including, but not
limited to, the process of pumping sand laden fluids down a well, or any other means used, to
stimulate a rock formation.
Franchise means an agreement between a utility provider and the City authorizing such utility to
utilize public rights of way for the location of such utility's service lines for the purpose of
providing utility services to the public located within the City.
Gas means any fluid, either combustible or noncombustible, which is produced in a natural state
from the earth and which maintains a gaseous or rarefied state at standard temperature and
pressure conditions and/or the gaseous components or vapors occurring in or derived from
petroleum or natural gas, and/or any material defined or referred to as "gas" in the rules,
regulations or forms of the Railroad Commission.
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Gathering lines means all pipelines operated incidentally to the development and operation of
any oil and/or gas wells, or oil and/or gas fields and/or secondary recovery projects.
Green Completion means using technology to recover gas that may otherwise be vented or flared
during the completion phase of a well; using equipment designed to handle high pressure, high
rate flowback fluids so as to safely handle and to sell the natural gas produced during the
flowback period; using flowback equipment to separate sand, water and gas during initial
flowback; having a sales line in place prior to completion of the fracturing process; using the
recommended technologies and practices outlined in the U.S. Environmental Protection Agency
Natural Gas STAR Program and also including, but not limited to, vapor recovery systems, no-
bleed pneumatic valves, flaring and venting bans, and electric compressors.
Habitable structures means structures suitable for human habitation or occupation including, but
not limited to, single or multifamily residences, hotels, condominium buildings, public buildings,
buildings for commercial or industrial purposes and enclosed spaces in which individuals
congregate for education, worship, amusement, or similar purposes, or in which occupants are
engaged in labor, which is equipped with means of egress, light and ventilation facilities. Each
building of a condominium regime is considered a separate habitable structure, but if a building
is divided into apartments, then the entire building, not the individual apartments, is considered a
single habitable structure. A habitable structure shall not include accessory buildings, garages
and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a
habitable structure.
Historical site means an historic structure, as defined by V.T.C.A., Government Code § 442.001,
or a structure or property that is designated as historic by a political subdivision of the state, the
state, or the federal government.
Inspector means any City employee or independent contractor designated by the City Manager to
enforce the provisions of this Article.
Low-pressure distribution system means a distribution system in which the gas pressure in the
main is substantially the same as the pressure provided to the retail customer/end user.
Main means a distribution line that serves as a common source of supply for more than one
service line.
Nighttime means that period not included in the definition of"daytime," above.
Operations means activities leading to and supporting the production of oil, gas and/or other
hydrocarbons.
Operator means the person listed on the Railroad Commission form W-1 or form P-4 for a well
as the applicant or the person that will be actually in charge and in control of drilling,
maintaining, operating, pumping or controlling any well including, without limitation, a unit
operator. If the operator, as defined herein, for any well is not the lessee of any premises affected
by the provisions of this Article, then such lessee shall also be deemed to be an operator. In the
event there is no oil and gas lease relating to any premises affected by this Article, the owner of
the fee mineral estate shall also be deemed an operator. For purposes of a pipeline, "operator"
shall mean any person owning, operating or responsible for operating a pipeline.
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Person means an individual, firm, corporation, association, partnership, consortium, joint
venture, commercial entity, other non-corporeal legal entity, the U.S. Government, a state, a
municipality, commission, political subdivision or any international or interstate body or any
other governmental entity.
Pipeline or pipeline system means all parts of a pipeline facility through which gas, hazardous
liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves
and other appurtenances connected to line pipe, compressor units, pumping units, fabricated
assemblies associated with compressor units, pumping units, metering and delivery stations,
holders, and fabricated assemblies therein and breakout tanks, including, but not limited to
trunkline pipelines and gathering lines as defined by this section.
Public park means any land area dedicated to and/or maintained by the City for traditional park-
like recreational purposes, but shall not include privately-owned amusement parks or privately-
owned or privately-managed golf courses.
Railroad Commission means the Railroad Commission of Texas.
Religious institution means any building in which persons regularly assemble for religious
worship and participate in activities intended primarily for purposes connected with such
worship or for propagating a particular form of religious belief.
Residence means a building used or intended to be used as a place of general abode or dwelling
place.
Residential subdivision means any platted subdivision of land zoned for any single family or
garden home residential use pursuant to the zoning regulations.
Right-of-way is expressly limited to all public rights-of-way or streets or other public property
within the City.
School means any public and private, primary and secondary educational facilities providing
education up through and including the twelfth grade level and any licensed day care centers,
meaning a facility licensed by the State of Texas or by the City of Friendswood that provides
care, training, education, custody, treatment or supervision for more than six children under 14
years of age, and for less than 24 hours per day.
Seismic survey means any activity where shock waves, sound waves, or vibrations are generated
for the purpose of surveying, mapping, identifying, classifying or otherwise distinguishing
subsurface characteristics indicative of the presence or absence of hydrocarbon substances,
including,but not limited to, oil and natural gas.
Senior Living Facility means a multi-family housing unit or structure designed, constructed,
operated and intended to provide residential accommodations to individuals over the age of 60.
Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other public
right-of-way, including the entire right-of-way.
Structure means, without limitation, any building, or combination of related components
Ord 2012-36 5
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constructed in an ordered scheme that constitutes a work or improvement constructed on or
affixed to land, including but not limited to habitable structures, partially enclosed structures, and
enclosed tanks.
Tank battery means the point of collection (tanks) and disbursement (tank, meter, lease
automated custody transfer unit) of oil or gas from producing well(s).
Trunkline pipeline means common carrier pipelines and other main pipelines not included in the
definition of gathering lines, expressly including their rights-of-way as defined and established
by instruments of record in the office of the county clerk.
Well means any hole or bore to any sand, horizon, formation, strata or depth for the purpose of
producing any oil, gas, liquid hydrocarbon, brine water, sulphur water or use as an injection well
for secondary recovery, or any of them.
Well permit means either a High Impact well permit or an Urban well permit.
Zoning regulations means the City of Friendswood Zoning Ordinance, as it may be amended.
(b) All technical or oil and gas industry words or phrases used in this Article and not
specifically defined in this section shall have that meaning customarily attributable thereto by
prudent operators in the oil and gas industry.
See. 26-219. Inspector/Coordinator
(a) The City Manager shall designate officials who shall enforce the provisions of
this Article. The City Manager may retain Inspector(s) and hereby designates the Fire Marshal
and other City Inspectors as needed to enforce this Article. Any independent contractor
Inspector shall have a degree in petroleum engineering with experience in drilling and
production or demonstrate a proven background in the drilling, production and operation of
wells. The Inspector shall have the authority to issue any orders or directives required to carry
out the intent and purpose of this Article and its particular provisions. Failure of any person to
comply with any such order or directive shall constitute a violation of this Article.
(b) The Inspector shall have the authority to enter and inspect any premises covered
by the provisions of this Article to determine compliance with the provisions of this Article and
all applicable laws, rules, regulations, standards, or directives of the State. Failure of any person
to permit access to the Inspector shall constitute a violation of this Article. The Inspector may
conduct periodic inspections of all permitted wells in the City to determine that the wells are
operating in accordance with this Article and within proper safety parameters as set out in this
Article and all regulations of the Railroad Commission.
(c) The Inspector shall have the authority to request and receive any records,
including any records sent to the Railroad Commission, reports and the like, relating to the status
or condition of any permitted well necessary to establish and determine compliance with the
applicable well permit. Failure of any person to provide any such requested material shall be
deemed a violation of this Article.
Ord 2012-36 6
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Sec.26-220. Variance procedure.
(a) An operator seeking a permit or other approval required by this Article may apply
for a variance from the requirements of this Article by submitting to the City Engineer, a written
request for a variance. The request must include the following, where applicable; provided;
however, that the provision of the information below will not automatically result in the approval
of the variance request:
(1) Description of the requested variance and an explanation of why it should be
granted;
(2) Description of alternatives considered and why each is not the preferred
alternative;
(3) Description of the economic consequences to the applicant if the variance is not
granted;
(4) Description of how the public health, safety and general welfare will be protected
if the variance is granted; and
(5) A site plan of the site visually depicting the requested variance, if the request for
the variance involves the location or orientation of persons or property.
(b) In the case of an application for a variance to any mandatory setback established
by this Article, a written explanation documenting the applicant's good faith efforts to obtain a
notarized consent form signed by 100% of all owners of the affected surface interests.
(c) The City Engineer shall review the application and shall place each variance
request on the City Council agenda for consideration. The variance request must be placed on the
City Council agenda for consideration within 45 days after the City Engineer issues a written
determination that the variance request is administratively complete.
(d) In considering the variance the City Council may take into account the following:
(1) Whether the operations proposed are safe and reasonable under the circumstances
and conditions prevailing in the area, considering the particular location and the
character of the improvements located there;
(2) How the operations proposed compare to available alternatives;
(3) Whether the operations proposed would conflict with the orderly growth and
development of the City;
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(4) The economic consequence to the applicant if the variance is not granted;
(5) Whether the operations proposed adequately protect the health, safety and general
welfare of the public; and
(6) Whether the operations proposed provide acceptable access for fire and EMS
Ord 2012-36 7
personnel and firefighting equipment.
(e) In order to be approved, a proposed variance must receive the affirmative vote of
a supermajority of the members of the City Council then present and voting; provided, however,
that with respect to a variance from the provisions of section 26-270, regarding mandatory
setbacks, in order to be approved, the proposed variance must then receive the affirmative vote
of three-fourths of all members of the City Council, whether present or not. The details of each
action granting or denying the requested variance shall be recorded and entered in the records of
the City Secretary. The City Engineer shall forward a letter to the applicant stating whether the
City Council has approved or denied the variance request and listing any conditions placed upon
an approval.
(f) An application fee shall be charged for each variance application, in the amount
set forth in the approved fee schedule.
Sec.26-221. Appeal procedure.
(a) An operator adversely affected by a decision of a City Official under this Article
may appeal such decision by filing written notice of such appeal to the Office of the City
Secretary within ten business days of notice of such adverse decision. The notice of appeal must
state the appellant's desire to appeal, the ruling from which the appellant desires to appeal and
the relief or ruling sought. Any such appeal shall be to the City Council. The City Council, by
the affirmative vote of a majority of the members then present, may affirm, reverse or modify the
} decision of a City Official. The decision of the City Council concerning an appeal under this
Article shall be final. The decision being appealed shall be suspended pending such appeal,
unless the City Manager determines that such suspension endangers the public health and safety,
in which case the filing of a notice of appeal shall not act to suspend the decision of the City
Official.
(b) Any appeal shall be governed by the following rules and procedures:
(1) Such appeal shall be set as an item on the regular City Council agenda.
(2) The appellant shall bear the burden of persuasion that the ruling being appealed is
in error and shall bear the burden of proof on such matter.
(3) No formal testimony or swearing of witnesses shall be required and the City
Council may consider any facts or evidence the City Council determines is
appropriate. The City Official shall present the facts and evidence relied upon by
him/her and the reasons for the ruling; the appellant shall then have an
opportunity to present the facts and evidence relied upon by the appellant. The
City Council shall then consider any facts or evidence from the public or other
interested persons. The City Council may ask questions of the City Official,
appellant and any other interested persons as the City Council determines is
appropriate. The City Council may limit the time for any presentation in its sole
discretion.
(4) Upon the conclusion of the hearing, the City Council shall then render its
decision.
Ord 2012-36 8
(c) No appeal for the same or related issue on the same piece of property shall be
allowed from a previous ruling on any appeal absent a material change of circumstances. If the
appellant asserts such a change of circumstances and seeks rehearing of an appeal, such appeal
need not be considered unless the applicant presents in writing evidence establishing such
change of circumstances. Any such subsequent appeal shall be considered entirely on its own
merits and the peculiar and specific conditions related to the property on which the appeal is
brought.
(d) An application fee shall be charged for each appeal, in the amount set forth in the
approved fee schedule.
DIVISION 2. - PERMITS
Sec. 26-230. Well permit required.
(a) A person wanting to engage in and operate well drilling or production activities
shall apply for and must obtain a well permit under this Article and shall indicate what
classification of well permit is requested. 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, reworking, operation of any such well or to
conduct any activity related to well production without first obtaining a well permit issued by the
city in accordance with this Article. A separate permit shall be required for seismic surveys in
accordance with section 26-237,hereof.
(b) An operator must apply for and obtain a well permit for the drilling, re-drilling,
deepening, re-entering, activating or converting of each well. A separate application is required
for each well bore and no permit shall be issued on a "blanket' basis.
(c) A well permit shall not constitute authority for the re-entering and drilling of an
abandoned well. An operator shall obtain a new well permit in accordance with the provisions of
this Article if the operator is re-entering and drilling an abandoned well.
(d) When a well permit has been issued to the operator for the drilling, re-drilling,
deepening, re-entering, activating or converting of a well, such well permit shall constitute
sufficient authority for drilling, operation, production gathering or production 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; provided, however, that a new 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.
(e) A well permit shall automatically terminate, unless extended, if drilling is not
commenced within 180 days from the date of the issuance.
(f) A well permit required by this Article is in addition to and is not in lieu of any
Ord 2012-36 9
permit that may be required by any other provision contained within the City's Code of
Ordinances or by any other governmental agency.
(g) By acceptance of any well permit issued pursuant to this Article, the operator
expressly stipulates and agrees to be bound by and comply with the provisions of this Article.
The terms of this Article shall be deemed to be incorporated in any well permit issued pursuant
to this Article with the same force and effect as if this Article was set forth verbatim in such well
permit.
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Sec. 26-231. Well permit application contents.
(a) Every application for a well permit shall be in writing, signed by the operator or
person duly authorized to sign on the operator's behalf, and filed with the City Engineer. A
separate application is required for each well bore. The City may engage a third party consultant
or engineer to review information submitted by the applicant for compliance with this Article
and verification of the submittal information and the actual cost of such third party review shall
be charged to the operator/applicant. An application fee shall be charged for each application, in
the amount set forth in the approved fee schedule.
(b) Each well permit application shall contain the following information:
(1) The date of the application.
(2) An accurate legal description of the property to be used for the oil and/or gas
operation, the parcel, the production unit and name of the geologic formation as
identified by the Railroad Commission. Property recorded by plat should be
referenced by subdivision, block and lot numbers, as applicable.
(3) If a specific use permit has been approved for the proposed oil and gas operation,
a list of all requirements set forth in the approved specific use permit and a
written summary of how those requirements will be met.
(4) A map showing the proposed transportation route identifying all public and
private roads/routes intended for use within the territorial limits of the City.
(5) The proposed well name(s).
(6) The surface owner name(s), phone number(s), address(es), and, if available to the
operator, email address(es).
(7) The mineral lessee name(s), phone number(s), address(es), and, if available to the
operator, email address(es).
(8) Operator name, phone number, facsimile transmission number, address, and
primary e-mail address.
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r (9) If the operator is a corporation or other non-corporeal entity, the state of
incorporation or organization; or if the operator is a partnership, the names and
addresses of the general partners.
(10) Name, phone number, address, and, email address of the individual designated to
receive notice on behalf of the operator.
(11) Name of representative with supervisory authority over all well site activities and
a 24-hour phone number.
(12) Owner and address of each parcel of property within one thousand (1000) feet of
the parcel(s) on which the proposed drill site is located, as indicated in the most
recently approved municipal tax roll.
(13) A site plan of the proposed well site depicting the color, height, size, bulk and
location of all structures and equipment specific to the proposed site, including,
but not limited to, all screening, landscaping, lighting, utilities and floodplain
designation; and the location and description of all improvements, structures,
utilities and floodplain areas within 1,000 feet of the proposed well site.
(14) The name, address and 24-hour phone number of the person to be notified in case
of an emergency.
(15) Copies of all reports required by the Railroad Commission, specifically, including
a copy of the approved Railroad Commission form W-1 and/or,P-4.
(16) A signed statement of intent to execute a road remediation agreement and pay the
road damage remediation fee, as provided in this Article.
(17) A description of all fuel sources to be used at the proposed well site, including but
not limited to all public utilities needed during drilling and operation.
(18) A description of the water source to be used during well operations, including
during drilling and production activities. If City water will be sought for
operations, a copy of the completed"Utility Capacity Request"must be included.
(19) A copy of the approved Railroad Commission permit to drill, including
attachments and survey plats that are applicable to the well site.
(20) A storm water pollution prevention plan (SWPPP) complying with all federal,
state, and local storm water quality regulations, including any notice of intent
(NOI) and notice of termination (NOT) requirements.
(21) A tree protection/preservation plan complying with all requirements of the City's
tree preservation ordinance.
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r (22) An erosion control plan complying with all requirements of the City.
(23) A hazardous materials management plan.
(24) All current material safety data sheets (MSDS) detailing each of the hazardous
and non-hazardous materials that will be located, stored, transported and/or used
at the well site (including site preparation, boring, completion, fracturing (or
similar programs)).
(25) An emergency response plan.
(26) A noise management plan.
(27) A vibration attenuation plan.
(28) A signage plan complying with all requirements of the Railroad Commission for
the well site that includes the dimensions, colors and content of all signage
proposed to be installed at the well site.
(29) A screening, fencing and landscape plan, including a line of site analysis,
detailing compliance with all landscape and screening requirements required by
this Article, including a proposed schedule detailing the timing of all landscaping,
screening and fencing to be installed.
(30) A landscape irrigation plan as designed by a State of Texas licensed landscape
architect or licensed irrigator detailing the appropriate type of irrigation for the
site; measures to be taken to adequately irrigate all landscaping, including
indicating the water source for irrigation and the proposed efforts to replace dead
or dying screening vegetation.
(31) A copy of the determination by the Texas Railroad Commission concerning the
depth of useable quality ground water; and i
(32) Evidence of insurance and security meeting the minimum levels established by
this Article.
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(33) A dust mitigation plan detailing measures to be implemented to mitigate and
suppress dust generated at the well site and the private vehicle access route!
including a mud shaker for vehicles exiting the site.
(34) A detailed evacuation plan addressing the evacuation strategy for persons withi
1,000 feet of the well bore.
(35) A waste management plan that addresses collection and removal of human, solid
and drilling production waste.
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(36) A Leak Detection and Compliance Plan (LDCP) that is intended to assess and
evaluate the impact of drilling, production, and other activities at the well site and
immediate surroundings.
(37) A Green Completion Plan that addresses equipment, techniques, practices and
programs that will be implemented to reduce emissions from well site equipment
and produced hydrocarbons.
(38) A gas dispersion model, a risk assessment and a blast study.
(39) A description of the cement casing program proposed for the well.
(40) A traffic impact analysis study.
(41) A Supervisory Control and Data Acquisition(SCADA)Plan.
(42) A site lighting plan designed to promote the safety of nighttime operations.
(43) A surface reclamation plan.
(44) Detailed design drawings certified by a registered professional engineer licensed
in the State of Texas along with all basic design criteria for the pipeline intended
to serve the well.
(45) Location of compressor, compressor control, or safety devices with an
explanation of the operating characteristics of each.
(c) All applications for a well permit shall be accompanied by an application fee in
the amount set forth in the City's fee schedule.
See. 26-232. High impact well permit.
(a) A high impact well permit shall be required if the proposed well is to be located
within 1000 feet of a residence, religious institution, hospital building, school, cemetery;
historical site or public park. The measurement of the 1000-foot distance shall be made from the
proposed well bore, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building, or, in the case of a cemetery, historic site or public park, to
the closest property line. This provision includes any residence, religious institution, hospital
building, or school for which a building permit has been issued on the date the application for a
permit is filed with the City.
(b) An application for a high impact well permit shall include all the requirements of
section 26-231. The permitting procedure for a high impact well permit shall be as follows:
(1) Within 45 days of receipt of a complete application, the City Engineer shall place
the matter on the City Council agenda for a public hearing and give notice by mail
Ord 2012-36 13
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 City Engineer 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 high impact well permit the operator shall notify, at
the operator's expense: 1) each surface owner of property, as shown by the current
tax roll, within one thousand (1000) feet of the proposed well; and 2) each owner
of a residence, religious institution, hospital building, school, cemetery and
historic site, as shown on the current tax roll, within 1,000 feet of the proposed
well, 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. The operator shall file an affidavit with the City Engineer showing the name
and last known address, as identified by the current tax roll, of each owner of
property to whom notice was mailed and the names of each owner of property to
whom notice is required to be given, but whose address is unknown. Notice shall
be sent to all registered neighborhood associations within one-half-mile of the
proposed well 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 high impact well permit the operator, at the operator's
expense, shall publish a copy of the notice as outlined below in one issue of a
daily newspaper of 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. The
notice shall read as follows:
"Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Friendswood, Texas, on the day of ,
20 filed with the City of Friendswood, an
application for a High Impact well permit to drill, complete and operate a well
upon property located at County, Friendswood;
Texas, more particularly shown on the map of record in Volume 4
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 in the City Council
Chambers located at 910 S Friendswood Dr., Friendswood, Texas.
(4) At least 20 days, but not more than 30 days, prior to the date of the public hearing
before the City Council for a high impact well permit the operator shall, at the
operator's expense, erect at least one sign, no less than three feet by three feet;
upon the premises upon which a high impact well permit has been requested.
Where possible, the sign or signs shall be located in a conspicuous place or places
Ord 2012-36 14
upon the property at a point or points nearest any right-of-way, street roadway or
public thoroughfare adjacent to such property.
a. The sign(s) shall substantially indicate that a high impact well permit to
drill 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 applicant/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 pursuant to this Article.
C. Any sign(s) shall be removed by the applicant/owner subsequent to final
action by the City Council.
(5) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
(6) After a high impact permit application is submitted, the City Engineer shall
evaluate the public impact of the proposed activity. The City Engineer 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
City Engineer 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) The burden of proof on all matters considered at the hearing shall be upon the
applicant/operator.
(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 high
impact well permit:
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 well would conflict with the orderly growth
and development of the City;
Ord 2012-36 15
r 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, safety and
welfare of the public when and if conducted in accordance with the high
impact well permit conditions to be imposed;
e. Whether there is acceptable access for the City fire personnel and
firefighting equipment; and
f. Whether the impact upon adjacent property and the general public by
operations conducted in compliance with the well permit conditions is
reasonable and justified, balancing the following factors:
1. The right of the owner(s) of the mineral estate to explore, develop,
and produce the minerals; and
2. The availability of alternate well sites.
g. The recommendations of the City Engineer.
(9) The City Council may require an increase in the distance the well is setback from
any residence, religious institution, public building, hospital building, school,
cemetery, historical site or public park, or require any change in operation, plan,
design, layout or any change in the on-site and technical regulations 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, the City code and/or to protect the health,
safety and welfare of the community.
See. 26-233. Urban well permit.
(a) An urban well permit shall be required for all wells within the City that do not
require a high impact well permit. j
(b) An application for an urban well permit shall include all of the requirements of
section 26-231. The permitting procedure for an urban well permit shall be as follows:
(1) At least ten days prior to the date of filing of an application for an urban well
permit the operator shall notify, at the operator's expense, each surface owner of
property, as shown by the current tax roll, within 300 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
Ord 2012-36 16
States mail. The operator shall file with the application an affidavit showing the
name and last known address, as identified by the current tax roll, of each owner
of property to whom notice was mailed and the names of each owner of property
to whom notice is required to be given, but whose address is unknown. 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 an urban well
permit the operator, at the operator's expense, shall publish a copy of the notice as
outlined below in a daily newspaper of 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. The notice shall read as follows:
"Notice is hereby given that, acting under and pursuant to the Ordinances of the
City of Friendswood, Texas, on the day of
20 will file with the City of Friendswood, an
application to drill, complete and operate a well upon property located at
County, Friendswood, Texas, more particularly shown
on the map of record in Volume , Page Plat
records of County, Texas or per Tax Tract Number
County, Texas.
(3) At least ten days, but not more than 30 days prior to the date of filing of an
application for an urban well permit the operator, at the operator's expense, shall
erect at least one sign, no less than three feet by three feet, upon the premises
upon which an urban 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.
a. The sign(s) shall substantially indicate that an urban well permit to drill
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 any official action pursuant to this Article.
C. Any sign(s) shall be removed subsequent to final action by the City,,
Engineer or the City Council.
(4) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section.
Ord 2012-36 17
(c) It is the responsibility of the City Engineer to review and accept or reject all
applications for urban well drilling permits based on the criteria established by this Article. The
City Engineer, within 30 days after the filing of a completed application and remittance of all
fees, insurance and security pursuant to the requirements of this Article for an urban 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 urban well permit on the date the
completed application is received by the City Engineer. Failure of the City Engineer to complete
the review and issue the urban well permit within the time limits specified above shall not cause
the application for the urban well permit to be deemed approved.
(d) If the City Engineer denies an urban well permit application he 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 City Engineer to deny the urban well permit,the operator may: 1) cure
those conditions that caused the denial and resubmit the application to the City Engineer for
reconsideration; or 2) file an appeal to the City Council under the provisions outlined in section
26-221, hereof.
(e) An operator/applicant may at any time request that an urban well permit
application be processed and considered as a high impact well permit application, in which case
the City Engineer shall process the application in accordance with section_above.
Sec. 26-234. Amended well permits.
(a) An operator may submit an application to the City Engineer to amend an existing
well permit in any respect other than to change the location of the well site, to perform drilling
operations in a manner that was not approved under the original well permit or where the
proposed amendment would result in a conflict with any specific use permit applicable to the
well site property.
(b) Applications for amended well permits shall be in writing on forms provided by
the City and signed by the operator, and shall include the following:
(1) An application fee in the amount set forth in the City's fee schedule, which shall
be non-refundable regardless of the outcome of the application;
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(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for the current well
permit(if such information has not previously been provided to the City);
(4) Such additional information as is reasonably required by the City Engineer to,
demonstrate compliance with the provisions of this Article; and
(5) Such additional information as is reasonably required by the City Engineer to
prevent imminent destruction of property or injury to persons.
Ord 2012-36 18
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(c) If, in the judgment of the City Engineer, the activities proposed by the amendment
require an inspection, an inspection fee in the amount set forth in the City's fee schedule shall be
charged. In such event, the operator must pay such inspection fee before the amended well
permit will be processed further.
(d) Incomplete applications shall not be accepted for filing and shall be returned to
the operator within 30 business days. The City shall return any application as incomplete if there
is a dispute pending before the Railroad Commission regarding the determination of the operator
or where the operator is in violation of any federal, state or local regulation with respect to the
proposed activities covered by the application.
(e) If the activities proposed by the amendment are materially different from that
previously approved by the City, and, in the judgment of the City Engineer,might create a risk of
imminent destruction of property or injury to persons that was not associated with the activities
covered by the existing permit, or that was not otherwise taken into consideration by the existing
permit, the amendment shall be processed as a new well permit application.
(f) A decision to deny an amendment to a well permit shall be provided to the
operator in writing, including an explanation of the basis for the decision. The operator may
appeal any such denial to the City Council as provided in this Article.
Sec. 26-235. Suspension or Revocation of Well Permit; Effect.
(a) An operator shall comply at all times with all applicable federal, state and City
laws, regulations and rules. If an operator (or its officers, employees, agents, contractors, or
representatives) fails to comply with any requirement of a well permit, the operator is subject to
immediate citation, injunction, abatement or any other remedy permitted by law. When possible
under the circumstance, the Inspector, City Engineer or other designated City employee or
representative shall give written notice to the operator specifying the nature of the failure and
giving the operator a reasonable time to cure, taking into consideration the nature and extent of
the failure, the extent of the efforts required to cure, and the potential impact on the health,,
safety, and welfare of the community.
(b) If the operator fails to comply within ten days after notice, or fails to comply
immediately if there is an imminent health and safety issue as determined in the sole discretion
of the City Engineer, the City Engineer may suspend or revoke the well permit pursuant to the'
provisions of this Article.
i
(c) No person shall engage in any operations performed under the terms of the well
permit issued pursuant to this Article during any period of any well permit suspension or,
revocation or pending a review of the decision or order of the City in suspending or revoking the
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 well permit was ordered for the safety of persons or as required by the Railroad
Commission.
Ord 2012-36 19
(d) If the operator does not cure the noncompliance within the time specified in this
Article or immediately if there is an imminent health or safety condition, the City Engineer may
notify the Railroad Commission and additionally request that the Railroad Commission take any
appropriate action.
(e) The operator may file an appeal to any decision to suspend or revoke a well
permit, in accordance with the provisions of this Article.
Sec. 26-236. Transfer of Well Permits.
(a) A well permit may be transferred upon written request by the operator with the
consent of
the City:
(1) If the transferee agrees to be bound by the terms and conditions of the current
well permit and road repair agreement;
(2) If all information previously provided to the City as part of the current well permit
application is updated to reflect any changes; and
(3) If the transferee provides the insurance and security required by this Article.
(b) The insurance and security provided by the transferor shall be released if a copy
of the written transfer is provided to the City. The transfer shall not relieve the transferor of any
liability to the City arising out of any activities conducted prior to the transfer.
(c) Applications for the transfer of well permits shall be filed with the City Engineer.
An application fee shall be charged for each application, in the amount set forth in the approved
fee schedule.
Sec. 26-237. Geophysical/seismic operations.
(a) A separate seismic survey permit shall be required for all seismic surveys. The
operator conducting the seismic survey shall complete and submit a seismic survey application to
the City Engineer containing, at a minimum, the following information: I
(1) Operator name, phone number, facsimile transmission number, address, and, if
available, email address;
I
(2) If the operator is a corporation or other non-corporeal entity, the state of
incorporation or organization; or if the operator is a partnership, the names and'
addresses of the general partners;
(3) Location of seismic survey;
Ord 2012-36 20
I
(4) Date and time the seismic survey is intended to be conducted;
(5) Detailed explanation of the seismic survey method intended to be used;
(6) Date and time the seismic survey will be completed; and
(7) Identification of all staging areas;
(8) A detailed map showing the locations of all vibration and geophone points.
(9) An assessment of the proposed survey and a report issued by a State of Texas
licensed professional engineer that the proposed survey will not have any adverse impact on
existing infrastructure or nearby facilities.
(b) Under no circumstances may explosive charges, including, but not limited to, the
use of dynamite, be used to conduct a seismic survey. In addition, the seismic survey activity
shall be conducted in accordance with all applicable City ordinances.
(c) A fee in the amount set forth in the City's fee schedule must accompany each
seismic survey permit application.
(d) No seismic activity shall be permitted on City-owned fee property or City-
controlled rights-of-way or utility easements without the express consent of, and pursuant to the
conditions established by, the City Council pursuant to a negotiated revocable license agreement
governing the same.
(e) Proof of insurance in the form of a standard commercial general liability
insurance bond shall be required. This coverage must include premises, operation, products,
completed operations, sudden or accidental pollution, blanket contractual liability, broad form
property damage, independent contractors' protective liability and personal injury. This
coverage shall be a minimum combined single limit of one million dollars ($1,000,000) per,'
occurrence location for bodily injury and property damage.
(f) Within 45 days of receipt of a complete application, the City Engineer shall place
the application on the City Council agenda for a public hearing. 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, safety and welfare of the community.
DIVISION 3.—BOND, LETTERS OF CREDIT,INSURANCE,AND INDEMNITY
Sec.26-240. Bond and insurance; required amounts.
(a) If a permit is issued by the City Engineer under the terms of this Article for the
drilling of a well or installation of pipeline, no actual operations shall be commenced unless the
operator files with the City Engineer a bond and certificate of insurance as follows:
Ord 2012-36 21
A bond in the principal sum of$1,000,000.00 shall be executed by a reliable insurance
company authorized to do business in the state, as surety, listing the applicant as
principal, and running to the city for the benefit of the city and all persons concerned,
under the condition that the operator shall comply with the terms and conditions of this
Article in the drilling and operation of the well or completion of a pipeline. Such bond
shall become effective on or before the date it is filed with the city secretary and shall
remain in force and effect for at least a period of six months subsequent to the expiration
of the term of the permit issued; and, in addition, the bond will be conditioned that the
operator will promptly pay all legally imposed fines, penalties and other assessments
imposed upon the operator by reason of his breach of any of the terms, provisions and
conditions of this Article and that the operator will promptly restore the streets and
sidewalks and other public property of the city which may be disturbed or damaged in the
operations to their former condition; that the operator will promptly clear all premises of
all litter, trash, waste and other substances used, allowed or occurring in the operations,
and will, after abandonment or completion, grade, level and restore such property to the
same surface conditions, as nearly as possible, as existed when operations were first
commenced, and that the operator will indemnify and hold the city harmless from any
and all liability growing out of or attributable to the granting of such permit. If at any
time the City Manager shall, after hearing thereon, deem any operator's bond to be
insufficient for any reason, the City Manager may require the operator to file a new bond.
If, after the completion of a producing well, a pipeline, or any facility for which a bond is
required by this Article, the operator has complied with all the provisions of this Article, such as
removing the derrick, clearing the premises and erection of fences, he may apply to have the
bond reduced to a sum of not less than $100,000.00 on each well or facility for the remainder of
the time such well produces or facility is operated without reworking. During reworking
operations, the amount of the bond shall be increased to the original amount. A pipeline
installation shall not be considered as completed until the lines have been tested and in operation
for a period of 30 days.
(b) In addition to the bond required in subsection (a) of this section, the operator shall,
carry a policy of standard, comprehensive public liability insurance, including contractual!
liability covering bodily injuries and property damage, naming the operator and the City, with an
insurance company authorized to do business in the state. Such policy in the aggregate shall'
provide for the following minimum coverages:
(1) Bodily injuries, $2,000,000.00, one person; $5,000,000.00, one accident.
(2) Property damage, $5,000,000.00.
The operator shall file with the City Secretary the certificates of insurance required by
this section. The insurance policy shall not be canceled without written notice to the City:
Secretary at least ten days prior to the effective date of such cancellation. If such insurance;
policy is canceled, the permit granted shall terminate, and the operator's right to operate under
such permit shall cease until the operator files additional insurance as provided in this section. If
after the completion of a well or pipeline, the operator has complied with all the provisions of
this Article, such as removing derrick, completion of the pipeline, clearing the premises, and any
other provision of this Article, the insurance will be as follows:
Ord 2012-36 22
(3) Bodily injuries, $2,000,000.00, one person; $5,000,000.00, one accident.
(4) Property damage, $5,000,000.00 for the remainder of the time such well is
produced without reworking. During the reworking operations, the amount of the
insurance policy or policies shall be increased to the original amount.
(c) Exceptions. The City Manager may grant an exception to the requirements of this
section when in the City Manager's opinion, the intent and purpose of the bond and insurance
can be assured by the following means:
(1) Acceptance of the guarantee or indemnity to the City in lieu of bond and a plan of
self-insurance in the case of financially responsible operators.
(2) Acceptance of a blanket bond and single policy of insurance to cover all
operations of the operator within the corporate limits of the City.
(3) Application of bond and insurance requirements acceptable to the City Manager.
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Ord 2012-36 23
DIVISION 4—OPERATOR PLANS AND REPORTS
Sec. 26-250. Road Remediation Agreement and Fee.
(a) A road remediation agreement and road damage remediation fee shall be
submitted in conjunction with an application for a well permit. The agreement must be signed by
the operator. The City Manager shall have the authority to execute the road remediation
agreement.
(b) A road damage remediation fee shall be charged for each well. To determine the
road damage remediation fee, the operator shall employ a State of Texas licensed professional
engineer who shall evaluate the anticipated damage to the City's public rights-of-way comprising
the operator's proposed transportation route to the well, and using the current fair market value
cost per square yard of road surface material, including installation and labor, calculate the cost
to the City to repair or reconstruct the public rights-of-way to the same condition they existed on
the date the well permit application was submitted. The operator's engineer shall employ
methodologies that constitute generally accepted practices of road replacement, repair, and
maintenance professionals undertaking similar project evaluations at the same time, and in the
same geographical area. The City Engineer shall then review and accept, or modify the cost
estimates in determining the ultimate figure that will constitute the road damage remediation fee.
Sec. 26-251. City Water Service.
If water is purchased from the City, the City may implement water rationing, including
service interruption, in the event Stage 1 water restrictions are implemented. The City may
terminate water service in the event of emergency water demand.
Sec.26-252. Storm water pollution prevention plan.
A storm water pollution prevention plan (SWPPP) shall be required complying with alr
federal, state, and local storm water quality regulations, including any notice of intent (NOI) andl
notice of termination (NOT) requirements. A copy of the NOI shall be submitted to the City
seven (7) business days prior to the commencement of any on-site activity.
Sec. 26-253. Hazardous materials management plan.
The hazardous materials management plan shall be filed with the City Engineer, Fire
Marshal and City Engineer. The hazardous materials plan shall be kept current with anyl
additions, modifications, and amendments concerning all construction related activities and oil
l
and gas operations and production. The plan shall include HAZMAT and fire department
response times and updated hazardous materials plans shall be submitted to the City Engineer,,
Fire Marshal and Fire Chief within two (2) business days of any additions, modifications, and/or'
amendments.
Sec. 26-254. Material safety data sheets.
Ord 2012-36 24
All current material safety data sheets (MSDS) detailing each of the hazardous and non-
hazardous materials that will be located, stored, transported and/or used at the well site
(including site preparation, boring, completion, fracturing (or similar programs). The MSDS
shall indicate all types, quantities, volumes and concentration of all additives used in the drilling,
completion and fracturing (or similar programs).
Sec.26-255. Emergency response plan.
(a) An emergency response plan shall be required and shall use existing guidelines
established by the Railroad Commission, the Texas Commission on Environmental Quality,
Texas Department of Transportation and the United States Environmental Protection Agency.
The emergency response plan shall be kept current with any additions, modifications, and
amendments concerning all construction related activities and oil and gas operations and
production. Updated plans shall be submitted to the Fire Marshal and City Engineer within two'
(2) business days after any additions, modifications, and amendments are made. A copy of the
emergency response plan shall be kept on-site. The emergency response plan shall, at a
minimum,provide for all of the following:
(1) Prompt and effective response to emergencies regarding:
a. Leaks or releases that can impact public health, safety and welfare;
b. Fire, explosions, loss of well control or blow out at the well or in the
vicinity of the well; and
C. Natural disasters.
(2) Effective means to notify and communicate required and pertinent information to
local fire, police, and public officials during an emergency, including a detailed,
plan that should address contacting City officials responsible for implementing)
City policy regarding notification and evacuation of residents, where necessary.
(3) The availability of personnel, equipment, tools, and materials as necessary at thel
scene of an emergency.
(4) Measures to be taken to reduce public exposure to injury and the probability of
accidental death or dismemberment.
(5) Fire Department and HAZMAT response times.
(6) An emergency shutdown of an oil or gas well and related site.
I
(7) The safe restoration of service and operations following an emergency or incident.
(8) A follow-up incident investigation to determine the cause of the incident and
require the implementation of corrective measures.
Ord 2012-36 25
(b) An annual certification and update of the emergency response plan shall be
performed by the operator and submitted to the City Engineer and Fire Marshal.
Sec.26-256. Noise management plan.
A noise management plan shall be required complying with all requirements of the City,
including, but not limited to, section 26-272, hereof, prepared by a noise control engineer or
other qualified person approved by the City Engineer, for any equipment used in the drilling;
completion or production of a well. The noise management plan shall include the following:
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(1) Describe the proposed operation and potential noise impacts. This analysis must
include a comparison of the potential noise generation with the applicable noise
standards;
(2) Establish the ambient noise level for both the daytime and nighttime hours over a
minimum of 48 hours;
(3) Identify all noise mitigation techniques that will be implemented at the site
including blankets/curtains, sound walls, and mufflers for generators and motors;
(4) Describe best management practices that will be implemented to reduce the
impact of noisier operations such as pipe deliveries, use of horns for
communication, tripping and fracturing;
(5) Mitigation of pure tone and low tone frequency noise; and
(6) Maximum noise levels anticipated at the well site.
Sec. 26-257. Screening, Fencing and Landscape Plan.
(a) The screening, fencing and landscaping plan required as a component of any well'
permit application, as well as the plan's implementation, shall comply with the requirements of
this section.
(b) The permanent screening of a site shall consist of a landscaped enclosure with al
minimum height of eight (8) feet and a maximum height of ten (10) feet. The enclosure must bed
installed along the entire perimeter of the site. Low-profile equipment or facilities shall be used
on the site.
(c) Permanent screening shall comply with the following:
(1) A site shall be enclosed with either a wrought iron fence with a double row of
dense evergreen plantings, each row staggered to form a solid screen that is at
least eight (8') feet tall at the time of planting, or a screening wall constructed of
at least two complimentary masonry construction materials with non-dwarf
Ord 2012-36 26
variety shrubs planted three (3') feet on center, with a minimum height of three
(3') feet at planting and reaching a mature height of at least six (6') feet. For the
purpose of this subsection, "masonry construction material" shall mean brick or
natural or manufactured stone units at least two (2") inches thick, laid up unit by
unit and set in mortar.
(2) The type and dimensions of a fence or wall and plantings for the enclosure shall
be approved as proposed by the applicant or may be modified as deemed
appropriate by the City Council or City Engineer, depending on the type of well
permit sought.
(d) A fence or wall required under this section shall meet the following:
(1) Fences or walls shall be designed by a Texas registered design professional based
on soil analysis and geotechnical data. The operator shall submit plans sealed by
the registered design professional indicating the design specifications of the fence
or wall. Upon completion of the fence or wall, the operator shall provide a letter
to the City sealed by the registered design professional certifying that the fence or
wall was installed according to the design specifications.
(2) A fence or wall that is leaning by ten degrees or more beyond plumb or is missing
portions of the fence or wall panels shall be considered structurally unsafe and a
hazard to safety, health and public welfare. Should the City determine that the
fence or wall is structurally unsafe; the operator shall commence repairs or
replacement of the fence or wall within 48 hours of receipt of written notice from
the City.
Examples of an appropriate screening wall and landscape scheme:
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Ord 2012-36 27
t?vergroan tenon and shrubs
„ ♦ ,.�, :�' Masonry Wall
_ 1
(e) Trees shall be planted around the site in the following proportion: a maximum of
70% of the trees shall be at least three and one-half caliper inches, and a minimum of 30% of the
trees shall be at least five caliper inches. Trees shall be of an evergreen variety and container
grown.
(f) Trees shall be planted in a manner so as to achieve a more natural appearance.
The number of required trees shall be established at rate of one tree for each 25 linear feet along
each side of the site.
(g) The permanent screening, landscaping, and irrigation shall be installed within 120
days from setting surface casing on the first well on a site. Irrigation shall be designed to ensure
that water is evenly distributed to the soil on the interior and exterior sides of the screening wall
or fence.
(h) A temporary chain link fence or other approved type of fence with a minimum
height of six feet shall be required around a well site until the permanent screening has been
installed in accordance with this section. The fence shall have slats that provide 90% opaqueness.
(i) Other screening and landscaping materials may be approved by the City Council
or City Engineer, depending on the type of well permit sought.
(j) A wrought iron or ornamental gate shall be required for any entrance to the site;,
The gate shall have no openings greater than four inches in width.
(k) The operator shall be responsible for maintaining all landscaping in a healthy,,
neat, orderly and live-growing condition at all times.
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(1) The raw soil in disturbed areas or embankments around each well site shall be�
seeded or covered with grass, which shall be maintained in a healthy and live-growing condition.
Sec.26-258. Landscape Irrigation Plan.
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A landscape irrigation plan shall be required, designed by a State of Texas licensed,
landscape architect or licensed irrigator detailing the appropriate type of irrigation for the site;;
measures to be taken to adequately irrigate all landscaping, including indicating the water source
for irrigation and the proposed efforts to replace dead or dying screening vegetation. All trees on
site shall be irrigated by a bubbler system.
Sec. 26-259. Evacuation plan.
Ord 2012-36 28
A detailed evacuation plan shall be required addressing the evacuation strategy for a
school, hospital building, senior living facility, assisted living and/or nursing care facility or
child-care facility if any such facility will be located within one-half(1/2) mile of the edge of the
proposed well site; and, a detailed list of all residences to be notified in the event of an
evacuation, including, without limitation, all persons residing within one-half(1/2) mile (2,640
feet) of the edge of the proposed well site. The plan should address the methods that the operator
will employ to notify the City in a timely manner that an event requiring evacuation has
occurred, as well as the methods that will be employed to maintain a current, up-to-date,
notification list. The plan shall also include an evaluation of alternate access points for ingress or
egress to the well site, other than the primary drive.
Sec. 26-260. Leak Detection and Compliance Plan.
A Leak Detection and Compliance Plan (LDCP) shall be required to ensure that all site
activities and equipment are in compliance with applicable rules and regulations. The LDCP
shall include methodology to assess and evaluate the impact of drilling, production, and other
activities at the well site and immediate surroundings. Specific elements shall include, but are not
limited to: a leak detection monitoring program, methods and equipment for emission
measurements, site inspection activities, continuous distance monitoring through the use of a
Supervisory Control and Data Acquisition (SCADA) plan, and a response plan to address
emergency issues if they arise, and any other information required by the City Engineer.
Monitoring should include evaluation of potential impact to air, soil, surface water, and
groundwater. In addition to other reporting requirements established by this Article, annual
reporting of the monitoring results to the City is required with all laboratory data sheets, field
logs, data summary, and actions taken in the previous monitoring period. The plan must be
created in accordance with City-mandated guidelines and address the manner in which periodic
inspections by a third party will occur to ensure compliance with the LDCP plan goals.
Sec.26-261. Lighting plan.
A site lighting plan shall be required, designed to promote the safety of nighttime
operations. The plan should include a photometric plan, indicating the type and color of light(s)
to be used at the well site.
Sec. 26-262. Supervisory Control and Data Acquisition (SCADA) plan.
A Supervisory Control and Data Acquisition (SCADA) shall be required and shall outline
how data from the well site will be continuously collected in a real-time manner and how this
data is monitored. Data shall be collected at every stage of the oil or gas drilling and production
process. The plan shall address how the SCADA system will control factors such as leakage;
fire, emergency shut-down, oil or gas flow rate and accumulated flow, line pressure, detection
and control, well-head pressure, pump status, tank level and other critical factors defined by the
City. In addition, the plan should define the equipment, sensors, hardware, communication
interfaces (radio, wire, fiber optic and microwave) and electro-mechanical devices that will be
employed and how these devices will function during an emergency situation.
Ord 2012-36 29
Sec. 26-263. Periodic Reports.
(a) The operator shall notify the City Engineer of any change to the following
information within one business day after the change occurs:
(1) The name, address, or phone number of the operator;
(2) The name, address, or 24-hour phone number of the person(s) with supervisory
authority over drilling or operations activities;
(3) The name, address, or 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; or
(4) The operator's emergency response plan.
(b) The operator shall provide a copy of any "incident reports" or written complaints
submitted to the Railroad Commission or any other state or federal agency within 30 days after
the operator has notice of the existence of such reports or complaints.
(c) Beginning on December 31 after each well is completed, and continuing on each
December 31 thereafter until the operator notifies the City that the well has been abandoned and
the site restored, the operator shall prepare a written report to the City identifying any changes to
the information that was included in the application for the applicable well permit that has not
been previously reported to the City.
(d) Beginning on December 31st and annually thereafter each operator shall provide
an operational status report to the City for every well permitted by the City. The report shall;
include the well name, API number, lease name, City case number, Railroad Commission permit',
number, Railroad Commission lease ID number and current well status whether pending,
drilling, completing,producing, plugged or abandoned.
Sec. 26-264. Public information.
(a) The operator of a well subject to a high impact well permit shall comply with the
following requirements regarding the provision of public information:
(1) After approval of a high impact well permit application, the operator shall submit
to the City Engineer an accurate written timeline account of all planned
operational events associated with the well. The account must be updated monthly)
and must thoroughly describe the events that will occur. Events to be documented
shall include, but are not limited to, site preparation and grading, site construction
of the drilling rig and accessory structures, the expected amount of time spent
drilling on site, all casing installation, testing, disassembly of the drilling rig,
Ord 2012-36 30
pipeline installation, well stimulation, maintenance, installation of production
facilities, site clean-up and production.
(2) Within 15 days of approval of a high impact well permit, the operator shall submit
an educational letter to the City Engineer detailing typical operations associated
with oil and gas drilling activity, written with an intended audience of the general
public. The topics to be detailed shall include, but are not limited to, site
preparation, site development and construction, drilling, casing, well stimulation,
pipeline construction, production, transportation, and general weekly, monthly
and yearly maintenance of the operation site. The letter will be published on the
City's web site and further dissimulated using social media for the benefit of the
public.
DIVISION 5 - ON-SITE AND TECHNICAL REGULATIONS
Sec.26-270. Well and Pipeline Setbacks.
(a) No well shall be permitted within one thousand (1000) feet of a residence,
religious institution, hospital building, or school, except in accordance with the following:
(1) A well shall be permitted as close as three hundred (300) feet to any residence,
religious institution, hospital building, or school, if all affected property owners
within one thousand(1000) feet of the well consent in writing.
(2) For the purpose of subsection (1) above, "affected property owner" shall mean the
then-current owner of the residence, religious institution, hospital building, or
school at the time the well permit application is filed.
(3) Consent in writing shall be upon such forms prepared by the City Engineer and
shall require the notarized signature of the affected property owner. In no event
shall an executed oil and gas lease for development of minerals beneath the
affected residence, religious institution, hospital building, or school constitute
consent, for the purposes of this section.
(b) No well may be located within one hundred(100) feet of a railroad right-of-way.
(c) In addition to obtaining written permission from affected property owners in
accordance with subsection (a)(1) above, an operator shall give written notice, in a form
acceptable to the City Engineer, to the tenants or lessees of any residential structure, such as a
manufactured home or a rental property, located within one thousand (1000) feet of the proposed
well for which the operator is making an application for a well 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.
(d) No pipeline except low-pressure distribution system pipelines as defined herein
shall be installed nearer than 50 feet to any residence or commercial building.
Ord 2012-36 31
I
(e) No residential, commercial or industrial structure other than structures necessary
to operate the pipeline shall be erected or moved to a location nearer than the distance required
under the City's subdivision ordinance (appendix B to this Code), as it may be modified or
amended.
(f) No residential, commercial or industrial structure should be permitted to be built
nearer than 150 feet from any well or related facility other than structures necessary to operate
the well or facility.
Sec.26-271. Efficient Use of Surface.
It is the intent of this section to encourage efficient surface land use by requiring compact
and centrally located well development that minimizes the total amount of surface area needed
for 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 co-locate well equipment in order to serve multiple well sites.
Sec. 26-272. Noise Regulations.
(a) The engines used in connection with the drilling of any well and/or any
production equipment shall be equipped with an exhaust muffler, or an exhaust muffler box„
sufficient to suppress noise and to prevent the escape of obnoxious gases, fumes or sparks or
ignited carbon or soot.
(b) The operation of oil field production equipment, with the exception of equipment
located in industrial zones set forth in the zoning regulations, shall not increase the ambient noise
level at any given time by more than five decibels in any octave band, when measured at a
distance of 50 feet from the oil field production equipment in question.
The "ambient noise level," for the purpose of this subsection, shall be the average of
sound level meter readings taken consecutively at any given time from four or more,
diametrically opposite positions within an area of not more than 500 feet nor less than'
200 feet from the oil field production equipment in question; all such readings shall be
taken at such distance and in such a manner so as to obtain the surrounding noise level as'
distinguished from the noise level produced by the oil field production equipment.;
However, if the ambient noise level is less than 60 decibels, the production equipment
shall not generate a noise level in excess of 60 decibels measured at a distance of 50 feet
from such equipment. Provided that this subsection shall not apply to production
equipment located 1,000 feet or more from the nearest occupied dwelling (except a
dwelling occupied in connection with such oil field operations); shall not generate a noise
level in excess of 80 decibels at a distance of 50 feet from such production equipment.,
All sound level meter performance, including definitions and units, shall be in accordance;
with American Standards Association standards Z-24.1, Z-24.2 and Z-24.3, copies of
which are on file in the office of the City Secretary.
(c) No person, either as owner, agent or operator, shall conduct any drilling or
redrilling operations on any well located within 750 feet of any residential or commercial district
Ord 2012-36 32
if the sound pressure level of the drilling operation exceeds 60 dB(A) when measured at the
nearest residential or commercial property line, unless all derricks and all drilling machinery
which produce noise and which are used in connection with such drilling or redrilling operations
are enclosed with soundproofing material as provided in this section, and such soundproofing
material shall be maintained in a clean and serviceable condition.
(d) No person, either as owner, agent or operator, shall conduct any drilling or
redrilling operations on any well located more than 750 feet from any residential or commercial
district if the sound pressure level of the drilling operation exceeds 60 dB(A) when measured at
the nearest residential or commercial property line, unless either:
(1) All derricks and all drilling machinery which produce noise and which are used in
connection with such drilling or redrilling operations are enclosed with
soundproofing material as provided in this section; or
(2) Drilling or redrilling operations are confined to daytime hours, except with the
written permission of the City Engineer.
(e) When soundproofing is required by the provisions of this section, such
soundproofing shall comply with the following minimum specifications:
(1) Soundproofing acoustical blankets for the drilling derrick and accessory structures
shall be fibrous glass insulation 1%z inches thick, one-half pound per cubic foot
density, 0.063 pound per square foot weight, 0.00010 to 0.00015 fiber diameter
(inches) with a phenolic binder having a temperature limit of 450 degrees
Fahrenheit sewed between layers of fire-retardant vinyl fiberglass cloth, 15 to 17
ounces per square yard sewed with Dacron thread D-92 with stitches not more.
than six to the inch.
(2) The lacing cord shall be flat vinyl coated tape composed of fibrous glass yarn
braided, heat set and bonded. The tape shall have a 90-pound tensile strength.;
Grommets shall be no. 4 brass. All doors and similar openings shall be kept)
closed during drilling operations, except for ingress and egress.
I
Alternate materials or methods of soundproofing may be used, provided that such!
alternative materials or methods have been approved by the City Engineer. Thel
City Engineer may approve any such alternative if he/she finds that the proposed,
materials and methods offered are, for the purposes intended, at least the
equivalent of that prescribed by this section, in quality, strength, effectiveness,
fire resistance, durability and safety. The City Engineer may require the
submission of evidence to substantiate any claims that may be made regarding the
use of such alternative. In order to substantiate claims for the use of alternate
materials or methods, the City Engineer may require tests as proof of compliance
to be made at the expense of the operator. Test methods may be specified by the
City Engineer.
(f) Any person required to soundproof any well or curtail drilling or redrilling
operations pursuant to the provisions of this section may apply for a variance to the City Council
in accordance with section 26-220 for relief therefrom on a showing that no other person within
Ord 2012-36 33
1,000 feet of such well is harmfully affected or annoyed as a result of the noise produced from
the drilling or redrilling operations.
(g) No well shall be drilled on any property that is utilized for recreational purposes,
without the express written consent of the property owner. For the purposes of this section, the
term "recreational purposes" shall include, but not be limited to, land devoted to recreational or
leisure pursuits, such as playing fields or courts, publicly or privately owned parks or open space
reserves, or publicly or privately owned and operated golf courses, driving ranges, or lakes. To
the greatest extent practicable, slant drilling shall be utilized to access reserves under such
recreationally used land, and such shall be given extra consideration by council when
considering permits for land adjacent to recreationally used land.
Sec. 26-273. -Derrick and rigs.
It shall be unlawful and an offense for any person to use or operate in connection with the
drilling or reworking of any well within the corporate limits of the City any wooden derrick or
any steam-powered rig, and all engines shall be equipped with adequate mufflers approved by
the inspector. The drilling rig or derrick shall be removed from the premises within 30 days from
the date of completion of the well, and thereafter, when necessary, such completed well shall be
served by portable rigs, which shall be removed from the premises within 15 days from the
completion of the servicing operation. At all times from the start of erection of a derrick or a
mast, or a gin pole, until the well is abandoned and plugged or completed as a producer and
enclosed as provided in this Article, the operator shall keep a watchman on duty on the premises
or a regular scheduled patrol at all times when other workmen of such operator are not on such
premises.
Sec.26-274. - Pits.
The operator shall install and use a closed loop mud system and may not use slush,
reserve or produced water pits, whether lined or not.
Sec. 26-275. - Operations and equipment.
(a) All drilling and operations at any well performed by an operator under this Article
shall be conducted in accordance with the practices of a reasonable and prudent operator. All
casing, valves and blowout preventers, drilling fluid, tubing, brandenhead, Christmas tree, and
wellhead connections shall be of a type and quality consistent with such practice. Setting and
cementing casing and running drill stem tests shall be performed in a manner and at a time
consistent with the practices of a reasonable and prudent operation. Each operator under this
section shall observe and follow the regulations of the Railroad Commission.
(b) All operations relative to the design, installation, maintenance and operation of
pipelines shall conform to the requirements of this Article, state and federal law, or applicable]
code.
(c) All pipelines to be constructed in the City shall be tested prior to being placed in
operation and the standard for testing will be the applicable state or federal codes. Valves shall
be installed on all pipelines at such locations and spacing to safely and adequately control the
operation of the line and to minimize the quantity of gas, oil or water that would be released
Ord 2012-36 34
from the line in case of line failure or rupture. The types and locations of all valves shall be
indicated on a plan layout and as approved by the City Engineer.
(d) Internal combustion engines or electrical equipment may be used in the drilling or
pumping operations of the well, and if internal combustion engines are used, mufflers shall be
installed on the mud pumps and on the engines so as to reduce noise to a minimum, all of such
installations to be done in a manner satisfactory to the City Engineer and all electrical
installations to be done in a manner satisfactorily conforming with the applicable electrical code.
Drilling operations must be conducted in such a manner that percolating water or groundwater
will not be adversely affected, including the prevention of vertical movement of percolating
water.
(e) Pipeline location markers shall be approved as to type and location by the
applicable code.
(f) Design of pipelines crossing certain thoroughfares shall be subject to the approval
of the City Engineer.
(g) Except in the case of an emergency, no materials or equipment such as tools or
pipes used for production or maintenance operations shall be delivered to or removed from the
drilling site except during daytime hours on any day.
(h) Adequate firefighting apparatus and supplies shall be maintained on the drilling
site at all times during drilling and production operations. No refining process or any process for
the extraction of products from natural gas shall be carried on at the well site, except that
separators may be maintained on the drilling site for the separation of liquids from natural gas.
(i) All production equipment used shall be so constructed and operated that no noise,
vibration, dust, odor or other harmful or annoying substances or effects which can be eliminated
or diminished by the operations are carried on at any well site or from anything incident thereto;
to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon
be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements iri
methods of production shall be adopted as they from time to time become available, if capable of
reducing factors of nuisance or annoyance. There shall be no unnecessary venting of gas into the
open air. In the event of pumping units, no internal combustion engines are to be used except
when approved by the City Engineer.
0) All injection wells shall be equipped in such a manner as to protect the existing
fresh water supply and operated in compliance with the rules of the Texas Railroad Commission'
and the Texas Commission on Environmental Quality (TCEQ), or their successor agencies.
(k) Any operator operating an injection well shall conduct a 24-hour test for the
purpose of determining the pressure differential between the surface pipe and the injection string
of such well during each six calendar months and shall submit a report of such test to the City
within ten days thereafter. If such test indicates a casing leak or communication between strings,
the well shall be shut down immediately and corrective action taken.
(1) The well site shall not be used for the storage of pipe, equipment or materials
except during the drilling or servicing of the well or pipelines from the well or the production
Ord 2012-36 35
facilities allowed on the site.
(m) The City Engineer shall inspect annually and at such other times as he deems
necessary each active well and suspended well regulated by this Article for the purpose of
ascertaining whether the well is being operated or maintained in conformity with the minimum
standards of this Article. To meet the expense of such inspection, the operator shall pay to the
City an annual inspection fee in the amount set forth in the approved fee schedule. The year for
which each fee is applicable runs from July 1 to June 30. The fee shall be based upon the total
number of wells in existence (whether active or not) on July 1. The fees shall be due no later than
July 1 of the year to which they pertain. A reinspection fee shall be charged for each additional,
inspection required in the amount set forth in the approved fee schedule. The City Engineer shall
keep a permanent, accurate account of all annual inspection fees collected and received under
this Article, the name of the operator for whose account such fee was paid, the date and amount
thereof, together with the well name and description and the general location of the well.
(n) No drilling, redrilling, work or construction shall be done beyond the point
indicated in each successive inspection without first obtaining the written approval of the City
Engineer and without giving notice within 48 hours prior to any work as described in this
subsection is commenced, such notice to be given to the City dispatcher.
(1) Site preparation. The operator shall not commence drilling until the well location
has been cleared and marked by a stake and inspected by the City Engineer and
approved in writing.
(2) Commencement of drilling. The City Engineer shall be called and notified when
the drilling derrick or mast has been erected and all necessary equipment to
drilling operations has been installed.
(3) Completion of drilling. Upon completion of drilling operations, a site inspection
request shall be called for and obtained within 30 days after completion of drilling
operations.
(4) Abandonment. Any operations conducted in connection with the plugging or
abandonment of any well shall be in compliance with all applicable rules
promulgated by the Railroad Commission or other regulatory agency with
jurisdiction, with suitable evidence of compliance submitted to the City.
(5) Running and cementing pipe. All running and cementing of pipe shall be in
compliance with the rules of the Railroad Commission.
Sec. 26-276. - Cleanliness and sanitation.
The premises where work is being performed under the terms of this Article shall be kept;
in a clean and sanitary condition, satisfactory to the City Engineer. The operator shall take;
reasonable precautions to prevent any mud, wastewater, oil, slush, or other waste matters from,
flowing into the alleys, streets or lots within the corporate limits of the City. However, should
any of such materials flow into the alleys, streets, lots or leases within the corporate limits of the
City, the owner or operator whose equipment is at fault will immediately, or as soon as possible,
restore the damaged area as nearly as possible to its original or former condition.
Ord 2012-36 36
Sec. 26-277. -Storage tanks; separators.
It shall be unlawful and an offense for any person to use, construct or operate in
connection with any producing well within the City limits any crude oil storage tanks, except to
the extent of two tanks for oil storage, not exceeding 1,000 barrels capacity for each completion
connected thereto, and so constructed and maintained as to be vaportight and properly vented.
An operator may use, construct and operate a steel conventional separator, and such other
approved tanks and appurtenances as are necessary for separating oil water mixtures and treating
oil, with each of such facilities to be so constructed and maintained as to be vaportight. Each
oil/gas separator shall be equipped with both a regulation pressure relief safety valve and a
bursting head. Such tanks may be placed either underground or aboveground, and if
aboveground shall be placed upon a suitable earth or concrete pad, and meet the following
requirements:
(1) The use of a central tank battery is permitted so long as not more than two tanks
as specified in this section are used for each well connected to the battery.
(2) The tank or tanks shall be enclosed within a conventional type firewall
constructed of compacted earth. Sufficient water shall be used during the frrewalll
construction to ensure adequate compaction. The firewall enclosing the tanks
shall be of adequate size to contain 1'/2 times the capacity of the tanks.
(3) The location of the tank site shall be approved by the City Engineer.
(4) The tanks shall be recessed within the firewall enclosed to such depth as will
ensure them of being practically sight clear when viewed from without the fenced;
enclosure and painted dark green or brown.
(5) The separators shall be installed in a manner that will ensure them of being
practically sight clear when viewed from without the fenced enclosure and,
painted dark green or brown.
Sec. 26-278. -Fire prevention.
(a) Any operator engaged in the drilling or operation of any oil and/or gas well or the
operation of any facility used in conjunction with the production of oil and/or gas within the
corporate limits of the City shall take reasonable precautions to prevent gas from escaping into
the air, and shall not flare or burn gas from a torch or any similar means within the corporate
limits of the City; provided that gas may be burned for a limited time when necessary to
complete any oil and/or gas wells, so long as such burning does not constitute a fire hazard to the
property of others within the vicinity of such oil and/or gas well.
(b) It shall be unlawful to operate a well for oil and/or gas without a four-inch header
being laid over the top of the tank and a 2%2-inch line extending from the tank battery to a point
designated by the City Engineer. The manner and method provided for connection at such point
shall be determined by the fire department so that foamite or other chemicals may be pumped
through such line or lines and the header of the tanks into such tanks to extinguish fires in the
tanks.
Ord 2012-36 37
(c) Emergency firefighting apparatus and supplies, subject to the approval by the fire
department, shall be maintained on the drilling site at all times during the drilling operations, and
on the site of each compressor used for gas injection operations.
Sec. 26-279. -Street and alley obstructions; permits.
No well shall be drilled and no permit shall be issued for any well to be drilled at any
location which is within any of the streets or alleys of the City and/or streets or alleys shown by
the comprehensive master plan of the City, and no street or alley shall be blocked or encumbered
or closed by any drilling,production or pipeline operation except by written approval of the City.
Sec. 26-280. Site Security.
(a) At all times after the permanent screening is in place around a well site, a
minimum of one security camera shall be mounted inside the enclosure of well sites located
within a 1,000 foot radius of residential subdivision or public park. Signs shall be posted on the
fence or wall of the site to indicate that activity on the site may be recorded by video
surveillance. Camera systems shall be maintained in proper operating condition and shall be
designed and located so as to meet the following requirements:
(1) Capture clear video images(day and night) of all traffic entering and exiting the'
gate(s);
(2) Capture clear video images (day and night) of all production equipment located
on the site;
(3) Be equipped with motion detection technology;
(4) Be equipped with panning technology to pan immediately to any motion detected
on the site;
(5) Show the date and time of all activity on the footage; and
(6) Be capable of being viewed remotely at the monitoring facility.
Operator shall maintain video data for a period of 72 hours. At the request of the City
Engineer or the Fire Marshal, the operator shall provide to the City any recorded views of the
enclosed area.
(b) Within ten days of completion of the perimeter fencing, the operator shall install a
fully operational security system that meets the following requirements:
(1) The operator shall install and maintain at all vehicular gates in the perimeter
fencing a remotely monitored control access system. The system shall meet the
following requirements:
Ord 2012-36 38
a. The system shall be monitored by central monitoring facility capable of
monitoring security related alarm systems and meeting all required state
and federal guidelines. The central monitoring facility shall be staffed and
operational at all times.
b. Gate access shall be secured by an access control system with an
unlocking and re-locking mechanism that requires a card, numeric code or
other identification device for gate operation. The system shall record the
identity of the entering parry and the date and time of such entry.
C. The system shall include a gate closure contact sensor that will be
activated when the gate closure sensor is violated in any manner by non-
identified access. The system shall be equipped to signal a control panel
which activates an on-site audible signal and registers at the monitoring
facility when an access breach is detected.
d. The security system shall include an open gate detection alarm to notify
the monitoring facility if the gate closure sensors, once accessed, are not
closed and thereby reactivated within five minutes of being opened.
e. The operator shall equip all gates with a motion sensor, weight sensor or
other device to unarm the gate for vehicles exiting the site.
(2) The operator shall install an exit-only gate for personnel near the vehicular gate
entrance.
(3) The operator shall obtain an alarm permit for the alarm system from the police'
department in accordance with the City's alarm ordinance. The monitoring
facility shall notify the operator and the police department in case of security!
breach at the well site. The operator shall respond on-site with an authorized
representative within 45 minutes of notification of alarm. Fines for false alarms
shall be as provided in the City fee schedule. The City Engineer may suspend the
well permit of any operator responsible for more than 20 false alarms in any
calendar year.
(4) The operator shall install and maintain an audible alarm system at each well site
to provide warnings for a substantial drop in pressure, the release of any gas or
oil, or fire. Said alarm system shall be approved by the fire chief or his or her
designee prior to beginning any drilling or production operations.
Sec. 26-281. Equipment Appearance.
All production equipment shall be painted and maintained in proper working condition at
all times, including, but not limited to, wellheads, pumping units, tanks, and buildings or
structures. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors
Ord 2012-36 39
shall include sand, gray and unobtrusive shades of brown, or other neutral colors approved by the
City Engineer.
Sec. 26-282. Disposal Wells.
No salt- or waste-water disposal wells shall be located within the City.
DIVISION 6.—PIPELINES AND COMPRESSOR STATIONS.
Sec. 26-290. Natural Gas Compressor Stations.
(a) Natural gas compressor stations shall require a permit issued by the City Councill
and shall be subject to the following requirements:
(1) A building permit shall be required for the compressor station.
(2) The compressor station shall be situated on a platted lot approved by the City and
recorded in the county records.
(b) For the purpose of maintaining a visual buffer zone adjacent to dissimilar land
uses, a minimum building setback for all compressor station buildings and equipment shall be
established and maintained for all yards at the distances specified for the zoning district
adjoining the compressor station as shown below.
(1) Table of building setbacks for compressor station buildings and equipment:
Adjoining Zoning District Required Building Setback
(applied to both base zoning and (in feet—applied to all yards)
PUD districts)
I
SFR, SFR-E, MFR-GHD, MFR-L 500
MFR-M, MFR-H, MHR, CSC, NG, LNC, 200
OPD,DD, A-1, L-1,I, BP 100
(2) Where an adjoining Planned Unit Development (PUD) district contains more than
one base zoning district, the most restrictive building setback shall be applied.
(3) Where a compressor station site adjoins a street right-of-way, the required
building setback along that right-of-way shall be established by the zoning district
designated for the property situated on the opposite side of the right-of-way.
(c) A wrought iron type fence of sufficient height to obscure the entire station
complex from public view shall be required along boundary lines that front a dedicated public
street right-of-way of any type. Brick or stone columns shall be constructed on approximate fifty
(50) foot centers for such fence.
Ord 2012-36 40
(d) All compressor station equipment and sound attenuation structures shall be
enclosed within a building. Such building shall be designed with the following elements:
(1) A four (4) foot high masonry bulkhead wall shall be constructed on at least the
two (2)building facades most visible to the public.
(2) At least two (2) building facades, specifically those most visible to the public,
shall be constructed with a brick or stone accent that is at least twenty (20) feet in
width, and extends vertically to the roofline of the building and terminates with a
sloped or arched profile.
(3) The roof shall be sloped with a pitch of no less than 5:12 and shall contain at leasti
one raised structure in the fonn of a cupola, steeple tower, clearstory element or,
similar structure. No flat roofs shall be permitted.
(4) The non-masonry wall surfaces may be constructed of painted metal, stucco or
cementitious fiberboard material. Engineered wood paneling shall not be
permitted for the finished exterior.
(5) The architectural design of the building shall be compatible with the visual,
context of the surrounding development. The building may be designed as a
representation of, but not be limited to, the following building types:
i
i
(i) Barn structure or equestrian facility
(ii) Estate residence
(iii) School facility or similar institutional use
(iv) Gazebo or picnic area enclosures
(v) Club house or recreational facility
(vi) Retail or office building
(vii) Any combination of the above as approved by the City.
(e) Vehicular access to the boundaries of the compressor station site from the street
thoroughfare shall be paved with a concrete surface at a thickness and design approved by the
City Engineer. This provision shall also apply to those areas inside the boundaries of the
compressor station site where vehicular traffic and parking is to occur.
(f) The operation of the equipment shall not create any noise that causes the exterior
noise level to exceed the pre-development ambient noise levels as measured within three
hundred (300) feet of the compressor station building(s). The compressor station operator shall
be responsible for establishing and reporting to the City the pre-development ambient noise level
prior to the issuance of the building permit for the compressor station.
(g) The compressor station site shall be landscaped in a manner that is compatible
with the environment and existing surrounding area.
Ord 2012-36 41
Sec.26-291. License for conduits on streets and alleys.
(a) No person shall make any excavations for any purpose or construct any lines for
conveyance of fuel, water or minerals on, under or through the streets or alleys of the City
without the express permission of the City Council in writing, and then only in strict compliance
with the ordinances of the City.
(b) The pipeline shall be tested in accordance with the current Railroad Commission
regulations in accordance with the appropriate pipeline codes. I
(c) The companies responsible for any and all pipelines now existent or to be
installed within the corporate limits of the City are hereby required to furnish the City as-built
plan drawings, along with design data showing test pressure, cathodic protection details, pipe
size, wall thickness, type of pipe, operating pressure, depth, monitoring equipment, and control,
system details for all their facilities for permanent record with the City. Such information shall,
be supplied in the formats as prescribed by the City Engineer. The requirements of this section;
shall not apply to those pipelines with a mineral lease used for gathering, injection, or other such
lines associated with oil and/or gas production.
(d) All pipelines within the corporate limits of the City, other than utility lines of the:
City and the franchise distribution system of the franchisee, designed or utilized to transport oil,
gas or water in connection with the production and transportation of oil and/or gas or for:,
repressurizing operation, shall be installed with the minimum of cover or backfill specified by!
the applicable code, state or federal law for such pipelines.
(e) The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any street, or leaving upon any street-any earth or other material or obstruction,
shall not be permitted unless the persons desiring to perform such work shall first have obtained
written permission from the City Engineer.
(f) The following are exceptions to this Article:
(1) Work done in new developments of the City by utility and street contractors under
and in conformity with the City's subdivision policy.
(2) Work done by the City or under City contract and under directions of the City.
(3) Work done by public utility companies who operate under a current franchise for
the City is exempt from the bond and insurance provisions of this Article, when
such work is in connection with the distribution of the product of such utility.
(4) Work done by plumbers who are qualified and bonded with a valid license from
the state is exempt from the bond and insurance provisions of this Article, but
must comply with the balance of the provisions of this Article.
(g) No permit for construction within public rights-of-way shall be issued unless the
written application is accompanied with plans and descriptions, and unless such plans and
descriptions are approved by the City Engineer.
Ord 2012-36 42
i
IJ
See. 26-292. Permits
(a) An application shall be required for the installation of a pipeline. The application
shall include all information required by this Article, including the following:
I
(1) Date of the application
(2) Name and address of applicant
(3) Name and address of pipeline operator including representative to contact for
operations after installation
(4) Name and address of installation contractor
(5) The name of person(s) to be notified in case of emergency (24hr)
(6) Operations Control Center 24hr contact number and location
(7) Proposed route for the pipeline, including specific locations for any drill sites,
wells, gathering lines, distribution lines, valves, and control station facilities.
(8) Type of installation method.
(9) Type of equipment to be used during installation.
(10) Detailed design drawings certified by a professional engineer licensed in the State ,
of Texas with all basic design criteria for the pipeline. Including but not limited
to: pipe specifications,valve specifications, alignment maps, depth of cover.
(11) A copy of the approved permit from Texas Railroad Commission (W-1,T-4).
(12) The City of Friendswood ROW Construction Permit.
(13) Right of way permits for crossing any Galveston County Drainage District, Harris j
County Flood Control District, and Corps of Engineers drainage easements.
(14) Permission from land owner(s) for crossing any property or easements not owned
by the City.
(15) Insurance for replacement cost for damages as a result from pipeline installation. I
(16) A filing fee in the amount set forth in the City's fee schedule.
(17) The proposed pipeline fact sheet.
The application shall be insufficient if the data therein fails to set forth such information and
details as to reasonably assure the City that all provisions have be complied with and that the
health, safety and welfare of the residents of the City will not be endangered by the design,
operations, and methods from the proposed pipeline.
SECTION 3. INCORPORATION INTO THE CODE,PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such
Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of
1
violation shall constitute a separate offense.
Ord 2012-36 43
SECTION 4. REPEAL OF CONFLICTING ORDINANCES.
!
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are;
hereby expressly repealed.
SECTION 5. SEVERABILITY.
In the event any clause phrase, provision, sentence, or part of this Ordinance or the!
application of the same to any person or circumstances shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared
to be invalid or unconstitutional; and the City Council of the City of Friendswood, TexasJ
declares that it would have passed each and every part of the same notwithstanding the omission'
of any such part thus declared to be invalid or unconstitutional, whether there be one or more
parts.
SECTION 6. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 3rd day of December, 2012.
PASSED, APPROVED, AND ADOPTED on second and final reading this 7th day of
January,2013.
Kevin M. H iid
Mayor
ATTEST: :O�FRIENpS�,•.
Melinda Welsh, TRMC g
• Q °
City Secretary °°;n�,9'• . .,,. • '-`.�
•a• ee
Ord 2012-36 44