HomeMy WebLinkAbout01-12-09 TC PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following
the conclusion of either the Town Council Workshop or the Board of Trustees meeting, but not
prior to the 7:00 p.m. posted start time.
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL REGULAR MEETING
A G E N D A
JANUARY 12, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
7:00 p.m.
1. CALL TO ORDER.
2. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the
Council on any matter whether or not it is posted on the agenda. The Council cannot by
law take action nor have any discussion or deliberations on any presentation made to the
Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future
agenda for deliberation or action.
3. CONSENT AGENDA: All items listed below are considered routine by the Town
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Council Member or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
a. Review and approve minutes of the Town Council Regular meeting and Workshop
held on December 8, 2008.
Town of Westlake Town Council Page 2 of 3
Regular Meeting Agenda
January 12, 2009
b. Consider a Resolution ratifying the approval and execution of an amendment to the
agreement with Terracon Consultants, Inc. for construction materials testing service.
c. Consider a Resolution approving a naming policy for Town owned facilities.
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF
ORDINANCES TO AMEND THE LAND USE SCHEDULE PERMITTING GAS
AND OIL DRILLING, EXPLORATION, AND PRODUCTION USES IN ALL
ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT. (Tabled
by the Planning & Zoning Commission at their December 18, 2008, meeting.)
5. CONSIDER AN ORDINANCE AMENDING CHAPTER 2, ARTICLE V.,
DIVISION 2, OF THE TOWN OF WESTLAKE CODE OF ORDINANCES,
REMOVING THE FEES AND USE SCHEDULE FROM THE CODE OF
ORDINANCES.
6. CONSIDER A RESOLUTION APPROVING AN AMENDED FEES AND USE
SCHEDULE.
7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town
Manager with the requested item and the Town Manager will list it on the agenda. At the
meeting, the requesting Council Member will explain the item, the need for Council
discussion of the item, the item’s relationship to the Council’s strategic priorities, and the
amount of estimated staff time necessary to prepare for Council discussion. If the
requesting Council Member receives a second, the Town Manager will place the item on
the Council agenda calendar allowing for adequate time for staff preparation on the
agenda item.
- None
8. COUNCIL CALENDAR.
- Texas Student Housing Authority meeting
O 1/20/09, 5:30 p.m.
- Joint Regional Meeting with NWISD, Roanoke and Trophy Club
o 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
o 2/6 – 2/9/09, Austin, Texas
9. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
Town of Westlake Town Council Page 3 of 3
Regular Meeting Agenda
January 12, 2009
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
January 9, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
Town of
Westlake
Item # 2 – Citizens’
Presentations
This is an opportunity for
citizens to address the Council
on any matter whether or not it
is posted on the agenda. The
Council cannot by law take
action nor have any discussion
or deliberations on any
presentation made to the
Council at this time concerning
an item not listed on the
agenda. The Council will
receive the information, ask
staff to review the matter, or an
item may be noticed on a future
agenda for deliberation or
action.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP
December 8, 2008
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, Don Redding, and Rebecca Rollins.
ABSENT: None.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, DPS
Director Don Wilson, Facilities and Recreation Director Troy
Meyer, Finance Director Debbie Piper, Court Administrator
Amanda DeGan, and Assistant to the Town Manager Ginger
Awtry.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 4:24 p.m.
2. PRESENTATION, DISCUSSION, AND CONSIDERATION OF SURVEYS FOR
CITIZEN/STAKEHOLDER ENGAGEMENT AND FEEDBACK AS WELL AS
ENGAGEMENT OF ETC INSTITUTE TO CONDUCT SAID SURVEY(S).
Town Manager Brymer addressed the Board regarding the item and advised the Council
that the target date to administer the survey is January 2009.
Mr. Chris Tathum, representing ETC Institute, presented the general structure of the
survey and advised the Board that one survey is mailed to a household. Additionally,
once the survey is approved by the Town, the survey will be mailed within seven (7) to
10 days and results will be available within three (3) to four (4) weeks.
Council Members Redding and Corson asked if two surveys could be provided to a
household as to receive input from each adult resident.
Mr. Tathum responded that, if desired by the Council, two (2) surveys could be sent to a
household.
Town of Westlake Town Council Page 2 of 3
Workshop Minutes
December 8, 2008
Discussion ensued with regard to the content of the survey, possible ways to disseminate
the results of the survey as well as the timing of releasing a survey relating to Westlake
Academy with respect to the release of the results of the Town survey.
Council Member Rollins raised the question about including questions related to the
Academy.
Mayor Pro Tem Redding suggested information regarding the Town’s finances with
regard to revenues and expenditures be included in the survey.
Mr. Tathum recapped the discussion with regard to the suggested changes to the draft
survey, and advised that he will work Town Manager Brymer to finalize a draft of the
survey over the next two (2) weeks.
Town Manager Brymer advised the Board that a proposed draft survey will be forwarded
to the Council for additional comments before finalizing.
3. HEAR AND DISCUSS A DRAFT OF THE PROPOSED NAMING POLICY FOR
TOWN OWNED FACILITIES.
Town Manager Brymer advised the Council that, due to time constraints, this item will
be presented at the January meeting.
4. DISCUSSION OF THE QUARTERLY FINANCIAL REPORTS FOR THE
QUARTER ENDING SEPTEMBER 30, 2008.
Finance Director Debbie Piper advised the Council that the quarterly reports were
provided to the Council earlier in the month and she would address any questions from
the Council.
Mayor Wheat commended Finance Director for the easy to follow formatting of the
reports.
5. FUTURE AGENDA ITEMS. :
There were no items submitted for consideration.
6. ADJOURNMENT.
There being no further business, Mayor Wheat adjourned the workshop at 6:03 p.m.
Town of Westlake Town Council Page 3 of 3
Workshop Minutes
December 8, 2008
APPROVED BY THE BOARD OF ALDERMEN ON JANUARY 12, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
__________________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
December 8, 2008
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, Don Redding, and Rebecca Rollins.
ABSENT: None.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, DPS Director Don Wilson, Assistant
to the Town Manager Ginger Awtry, Planning and Development
Director Eddie Edwards, and Court Administrator Amanda DeGan.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 8:15 p.m.
2. CITIZEN PRESENTATIONS.
Mr. Kenny Rogers, 1730 J.T. Ottinger Road, Westlake, read the caption of a petition
presented the Board of Aldermen in May 2008, regarding gas well drilling setbacks.
Mrs. Julie Timmerman, 5925 Mahotea Boone Trail, Westlake, addressed the Board
regarding the proposed citizen’s survey, and encouraged the Council to postpone the
citizen survey and include questions regarding gas well drilling.
3. CONSENT AGENDA.
Mayor Wheat introduced the item and asked for a motion.
a. Review and approve minutes of the Board of Aldermen Joint Workshop meeting held
on November 3, 2008.
b. Review and approve minutes of the Board of Aldermen Regular meeting held on
November 10, 2008.
Town of Westlake Town Council Page 2 of 4
Regular Meeting Minutes
December 8, 2008
c. Resolution No. 08-63 - Consider a Resolution designating the official newspaper of
record as the Alliance Regional Newspapers.
d. Resolution No. 08-64 - Consider a Resolution Approving the Terms of Engagement
Between the Town of Westlake and ETC Institute for Conducting Citizen Survey
Work.
MOTION: Mayor Pro Tem Redding made a motion to approve the consent agenda as
presented. Council Member Rollins seconded the motion. The motion
carried by a vote of 5-0.
4. CONSIDER A RESOLUTION ADOPTING A POLICY REGARDING TOWN
COUNCIL/BOARD OF TRUSTEE CITIZEN ADVISORY BOARD,
COMMISSION, COMMITTEE, AND AFFILIATE RELATIONS AND
COMMUNICATIONS.
Town Manager Brymer presented the item to the Council. Mr. Brymer stated that the
Council discussed a proposed policy at the October 26, 2008, workshop and at the
direction of the Board, the Town Manager met with the Chairs and Presidents of the
various volunteer Boards to receive input.
Town Manager Brymer reviewed the proposed policy with the Board.
MOTION: Council Member Corson made a motion to approve Resolution No. 08-65,
adopting a policy regarding Town Council/Board of Trustee Citizen
Advisory Board, Commission, Committee and affiliate relations and
communications. Council Member Rollins seconded the motion. The
motion carried by a vote of 5-0.
Town Manager Brymer advised the Council that staff will arrange to have
Chairs/Presidents of the various boards give a report to the Council throughout the year.
5. CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR PUBLIC
RELATIONS AND COMMUNICATIONS SERVICES WITH VGS.
Town Manager Brymer presented the item to the Board, and advised the Board that the
proposal outlines a proposed cost of $3,500 per month and expenses of $75 to $150 per
month. Mr. Brymer added that funding was allocated in the 2008-2009 FY budget from
the Visitor’s fund.
Following Council discussion, Town Manager Brymer advised that the first orders of
business will be to develop a communications plan and establish a ‘brand’. Mr. Brymer
added that the services will be used to promote the Town and the Academy and will be
accessible to the Westlake Academy Foundation as well.
MOTION: Council Member Brittan made a motion to approve Resolution No. 08-66,
approving an agreement for Public Relations and Communications
Town of Westlake Town Council Page 3 of 4
Regular Meeting Minutes
December 8, 2008
Services with VGS. Council Member Corson seconded the motion. The
motion carried by a vote of 5-0.
6. CONSIDER A RESOLUTION SETTING THE 2009 COUNCIL MEETING
SCHEDULE.
Mayor Wheat introduced the item and asked for a motion.
MOTION: Council Member Corson made a motion to approve Resolution No. 08-67,
setting the 2009 Council Meeting Schedule. Council Member Rollins
seconded the motion. The motion carried by a vote of 5-0.
7. FUTURE AGENDA ITEMS.
Council Member Corson stated that he would like to hear a report on the Stagecoach
Hills drainage issue before the spring rains.
- None
8. COUNCIL CALENDAR.
Mayor Wheat reviewed the Board calendar.
- TSHA Board of Directors Meeting
o 12/16/08, 5:30 p.m.
- Planning and Zoning Commission Meeting
o 12/18/08, 6:00 p.m.
- Joint Regional Meeting
o 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
o 2/6 – 2/9/09, Austin, Texas
9. ADJOURNMENT.
There being no further business, Mayor Wheat asked for a motion to adjourn the meeting.
MOTION: Council Member Brittan made a motion to adjourn the meeting. Council
Member Rollins seconded the motion. The motion carried by a vote of 5-
0.
Mayor Wheat adjourned the meeting at 8:27 p.m.
Town of Westlake Town Council Page 4 of 4
Regular Meeting Minutes
December 8, 2008
APPROVED BY THE TOWN COUNCIL ON JANUARY 12, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Troy J. Meyer, Director of Facilities and Recreation
Subject: Regular Meeting of January 12, 2009, 2008
Date: January 7, 2009
ITEM
Consider a Resolution ratifying the approval and execution of an amendment to the agreement
with Terracon Consultants, Inc. for construction materials testing service.
BACKGROUND
The Westlake Arts and Sciences Center building Phase I construction will be supported on a
drilled pier foundation system with slab-on-ground. Associated site improvements and pavement
are also included in the project. The project will include testing for moisture, density, depth of
piers, monitor concrete, welding inspection of the structural steel connection.
The original agreement to perform soil test for subsurface conditions to determine the location of
the Arts & Sciences Center was conducted in May 2007. Terracon Consultants, Inc. also
performed additional soil tests in April 2008 to confirm what type of foundation would be
constructed for the Arts & Science Center.
On September 15, 2008, the Town Council approved Phase I of the Arts & Sciences Center
project. Staff received RFP’s to perform material testing services for the project. Due to the
schedule of the project, Terracon Consultants, Inc. preformed material testing for the Town.
After reviewing six RFP’s, it has been determined that Terracon Consultants, Inc. met all
qualifications. As of December 1, 2008, $1,993.50 of services has been invoiced.
FUNDING
Funding for these services is included on the Arts & Sciences Capital Project
The total cost of the agreement is $24,367.00
RECOMMENDATION
Staff recommends approval of the Resolution ratifying the approval and execution of an
amendment to the agreement for materials testing services performed by Terracon Consultants,
Inc.
ATTACHMENTS:
Resolution No. 09-01
Proposal for construction materials testing service provided by Terracon Consultants, Inc.
TOWN OF WESTLAKE
RESOLUTION NO. 09-01
RATIFY THE EXECUTION OF THE APPROVAL AND EXECUTION OF AN
AMENDMENT TO THE AGREEMENT WITH TERRACON CONSULTANTS, INC.
FOR CONSTRUCTION MATERIAL TESTING SERVICE.
WHEREAS, the Town of Westlake is working to become leaders in premier educational
facilities and programs; and
WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and
WHEREAS, Westlake desires to be business partners with Westlake Academy; and
WHEREAS, the Town Council finds that the material testing services in this agreement
for the Arts & Science Center benefits the public and is in the best interest of the public, citizens
of Westlake, Westlake Academy students and their parents.;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Recitals above are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake hereby ratifies the approval
and execution of the agreement with Terracon Consultants, Inc., as it relate to the Arts & Sciences
Center construction of Phase I at the Civic Campus.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Amanda DeGan, Court Administrator
Subject: January 12, 2009, Regular Council MEeting
Date: January 9, 2009
ITEM
Discuss and Consider Naming Policy for Town owned facilities.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
Inviting Residential & Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
Hospitality Finds Its Home in Westlake
o Citizen engagement and communication
BACKGROUND
In May of 2008, the Council passed a resolution accepting a generous gift and naming the Black
Box portion of the Arts & Sciences Building the “Sam W. Lee Theatre” for the commitment Mr.
Lee had demonstrated to the Town over the past 30 years.
The Council also directed the Town Manager to research a policy for the naming of all Town
owned facilities. The proposed policy is attached and presented for Council consideration.
FUNDING
N/A
RECOMMENDATION
No recommendation.
ATTACHMENTS
Resolution 09-02
Draft Policy for the naming of Town owned facilities
TOWN OF WESTLAKE
RESOLUTION NO. 09-02
APPROVING THE NAMING POLICY FOR TOWN OWNED FACILITIES,
RECREATION AREAS AND SPORTS FIELDS, HIKE AND BIKE TRAILS AND/OR
MUNICIPAL BUILDINGS, ETC.; PROVIDING GUIDELINES AND CRITERIA FOR
THE SUBMISSION OF INDIVIDUALS OR NAMES FOR CONSIDERATION.
WHEREAS, the Mayor and Town Council desires to encourage broad community
support, enhancement and involvement in the Town and Academy through private donations,
gifts and other private funding sources; and
WHEREAS, to ensure that recognition is afforded to those who have made extraordinary
commitments, donations and achievements on behalf of the Town and/or Academy; and
WHEREAS, the need arose to provide a uniform policy for submitting naming requests
to the Town Council for consideration; and
WHEREAS, We have developed a policy, attached as Exhibit “A”, establishing the
guidelines for name submission;
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Resolution above are found to be true and correct
and are incorporated herein by reference as copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake hereby approves the Policy for
the Naming of Town Owned Facilities and Parks (Exhibit “A”).
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 2009.
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________ ______________________________
Kim Sutter, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
DRAFT
POLICY FOR NAMING OF TOWN OWNED FACILITIES AND PARKS
Purpose
The purpose of the naming guidelines is to establish the proper procedures to recognize the dedication,
accomplishment or generosity of individuals and entities whose support is a valuable and integral
component of the mission of the Town of Westlake and, by extension, Westlake Academy. The naming
opportunities include Town owned facilities, parks, recreational areas and sports fields, hike and bike
trails and/or municipal buildings ‐hereinafter referred to as “facilities”. In the future, additional naming
opportunities may arise for brick pavers, theater seats, benches, tree plantings or other items not
described above, which will also be submitted to the Council for review.
Objectives
• Encourage broad community support, enhancement and involvement in the Town and Academy
through private donations, gifts and other private funding sources
• Ensure that recognition is afforded to those who have made extraordinary commitments, donations
and achievements on behalf of the Town and/or Academy
• Provide a uniform policy for submitting naming requests to the Town Council for consideration and
debate
Criteria
The Town Council may authorize the naming or renaming of the facilities under the following criteria:
Gift‐Related Naming – occurs when a donor makes a significant monetary contribution to the
Town and/or Academy
• A person or entity submitted for consideration shall have:
(a) Made a significant land and/or monetary donation to the Town or Academy
(b) Made an “In Memoriam” request as a consideration of the donation
• All requests and proposed donation amounts will be submitted to the Council for
review and approval
Honorary Naming – may be submitted to recognize the dedication or meritorious contribution
of a person or entity who has been instrumental in supporting the mission of the Town and/or
Academy
• A person may be living or deceased and will have demonstrated a consistent or
significant contribution to the citizens of the Town and/or to the students of
Westlake Academy
• Naming may occur for a symbol or concept recognized as associated with the Town
or Academy
• A local historical figure or leader, place, event or other instance of historical or
cultural significance
• Predominant plant materials, streams, lakes, rivers and creeks
Components of the facilities or specialized areas of use may have a different name from the larger park,
building, recreation area, hike and bike trail or municipal building.
Procedures
An application for a naming request of a facility should be submitted to the Town Manager who shall
notify the Council of the receipt of the request.
The application must contain:
• A single recommendation or name for consideration
• A resume of the nominee
• A summation of the contributions or impact of the individual or entity on the mission of the
Town and/or Academy.
• Identification of the facility for naming consideration (i.e. park space, classroom, laboratory,
etc.)
• Name of the person or group making the request
Upon receipt, a review committee comprised of the Town Manager and the department head
associated with the facility or park specified in the naming application will review the request and
formulate a staff recommendation to the Council which will include the following:
• Current name of the facility (if applicable)
• Status or availability of the facility requested in the naming opportunity
• Estimate of the budgetary impact of signage or necessary plaque to commemorate the
naming, stationary, legal fees, public notices or other costs and changes associated with the
request
The application and staff recommendation will be presented to the Council for approval or rejection of
the naming request.
Exceptions
In the event a gift‐related naming request stipulates a condition which the Town is unable to maintain or
fund, the Council retains the ability to decline the gift.
Names may be removed from consideration or from the facility if the individual is convicted of a felony
or any crime involving moral turpitude, is convicted of a lesser included offense pursuant to a plea when
the originally charged offense is a felony or if the individual accepts deferred adjudication for a felony or
any crime involving moral turpitude.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of January 12, 2009
Date: January 8, 2009
ITEM
Conduct a public hearing and consider an Ordinance amending Chapter 102 of the Town of
Westlake Code of Ordinances to amend the Land Use Schedule permitting gas and oil drilling,
exploration, and production uses in all zoning districts with an approved Specific Use Permit.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
; We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
BACKGROUND
The Town of Westlake currently allows Gas and Oil uses in the O-I “Office – Industrial Park”
zoning district with an approved Specific Use Permit. There are only two parcels currently
zoned O-I and our comprehensive plan does not support rezoning additional property to this
zoning district. By allowing Gas and Oil uses in all districts with an approved Specific Use
Permit, the opportunity for the capture of minerals and hydrocarbons throughout the Town
coupled with reasonable and detailed Town regulations is addressed.
An ordinance amending Chapter 56 “Oil and Gas Wells” of the Town of Westlake Code of
Ordinances will be presented to the Town Council for consideration immediately prior to the
presentation of this zoning amendment. Chapter 56 contains specific regulatory requirements for
Gas and Oil uses. The amendment will significantly strengthen those regulations to better
protect the health, safety, and welfare of the citizens of the Town of Westlake.
Following discussion regarding extending consideration of the zoning ordinance amendment to
some or all of the planned development districts (PD’s) (this amendment only applied to straight
zoning districts), the Planning and Zoning Commission tabled the recommendation, requesting
that Town staff present zoning amendments for all zoning districts, for consideration by the
Commission at one time.
RECOMMENDATION
As a result of the action by the Commission, staff recommends the Council table this item at this
time.
ATTACHMENTS
None
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular Meeting of January 12, 2009
Date: January 7, 2009
ITEM
Consider an Ordinance amending Chapter 2, Article V., Division 2, of the Town of
Westlake Code of Ordinances, removing the Fees and Use Schedule from the Code of
Ordinances.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o High quality services delivery coupled with financial stewardships
BACKGROUND
Knowing that there will be several changes to the Fee Schedule in the upcoming months
and understanding that significant costs are incurred by the Town each time an Ordinance
is codified and published in the Code of Ordinances, staff is proposing that the Fee
Schedule be removed from the Code of Ordinances and that the Fee Schedule be
approved from now on by a Town Council Resolution.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Ordinance No. 606
1
TOWN OF WESTLAKE
ORDINANCE NO. 606
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
CHAPTER 2, ARTICLE V, DIVISION 2, OF THE TOWN OF WESTLAKE
CODE OF ORDINANCES. PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under
its charter adopted by the electorate pursuant to the Texas Constitution, and the Local
Government Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in
the best interest of the citizens, businesses and property owners in the Town of Westlake,
to remove the Fee and Use Schedule from the Code of Ordinances to facilitate a quicker
and more cost effective method of updating the Fee Schedule; and
WHEREAS, upon the recommendation of the Westlake Director of Planning and
Development, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the Town and its citizens that the Code of Ordinances be
amended to remove the Fee and Use Schedule and add a provision that will require the
Fee and Use Schedule, and all subsequent revisions, to be approved by Town Council
Resolution in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct
and are incorporated herein in their entirety.
SECTION 2: That the following sections of Chapter 2 of the Code of Ordinances,
are hereby amended, to read as follows:
Chapter 2 ADMINISTRATION*
ARTICLE V. FINANCE
DIVISION 2 FEES AND USE SCHEDULE
The fees and use charges authorized by the Town of Westlake Code of Ordinances, and
2
any Ordinances approved by the Town Council whether codified or not, shall be
contained within a Fees and Use Schedule that shall be approved by the Town Council of
the Town of Westlake by Resolution. Copies of the approved Fees and Use Schedule
shall be maintained as a public record in the office of the City Secretary and will be
available for public inspection and copying during regular business hours.
SECTION 4: PENALTY. Any person, firm, or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any
of the provisions of this ordinance shall be fined not more than Two Thousand Dollars
($2,000.00) for all violations involving zoning, fire safety or public health and sanitation,
including dumping or refuse, and shall be fined not more than five hundred dollars ($500)
for all other violations of this ordinance. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5: CUMULATIVE CLAUSE. This ordinance shall be cumulative
of all provisions of ordinances of the Town of Westlake, Texas, except where provisions
of this ordinance are in direct conflict with the provisions of another ordinance, in which
event the conflicting provisions of the other ordinance are hereby repealed.
SECTION 6: SEVERABILITY CLAUSE. It is hereby declared to be the
intention of the Town Council that the phrases, clauses, sentences, paragraphs, and
sections are severable, and if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would
have been enacted by the Town Council without the incorporation in this ordinance of the
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7: SAVINGS CLAUSE. All rights and remedies of the Town of
Westlake are expressly saved as to any and all violations of the provisions of the Code of
Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting
such code which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 8: PUBLICATION. The Town Secretary of the Town of Westlake
is hereby directed to publish in the official newspaper of the Town of Westlake, the
caption, penalty clause, publication clause and the effective date of this ordinance.
SECTION 9: EFECTIVE DATE. This ordinance shall be in full force and
effect from and after its passage and publication as required by law.
3
PASSED AND APPROVED this 12 day of JANUARY 2009.
____________________________________
Laura Wheat, Mayor
ATTEST:
_____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO LEGAL FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Eddie Edwards, Planning and Development Director
Subject: Regular Meeting of January 12, 2009
Date: January 8, 2009
ITEM
Consider a Resolution approving an amended Fees and Use Schedule.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o High quality services delivery coupled with financial stewardships
BACKGROUND
After approving an ordinance that amended the Town of Westlake Code of Ordinances
by removing the Fees and Use Schedule from the Code of Ordinances and providing a
clause that provides for approval of all future Fees and Use Schedules by Town Council
Resolution, it is necessary that the Town Council approve a Fees and Use Schedule
authorizing staff to charge and collect fees as for services and goods as prescribed by
ordinance.
The Fees and Use Schedule is being amended to update the Fees and Use Schedule to
clarify areas of ambiguity and more accurately reflect the fees being charged currently.
Additionally, some fees and obsolete line items have been deleted, while some other fees
have been adjusted to bring them in line with current market rates.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Current Fees and Use Schedule
Resolution No. 09-03
Proposed Fees and Use Schedule
CURRENT FEES AND USE SCHEDULE
January 8, 2009
1) The fees and use charges listed in this section are in addition to any other fees and use
charges which may exist in ordinances of the town, including, but not limited to the Uniform
Fire Code, Uniform Building Code, National Electrical Code, Uniform Plumbing Code and
Uniform Mechanical Code. To the extent there is a conflict in the fees and use charges
contained in this section with other stated fees and uses, the fees and use charges in this
section shall prevail.
2) ZONING CHANGE APPLICATIONS
Pre-application/pre-design conference: This is intended to provide the applicant with a
verbal interpretation of ordinances and processes, and to respond to any questions they may
have. Such meetings may involve the town consultants at the request of the town manager.
Fee: $400.00
Straight zoning change: This includes review of the application, site visits, meetings with
the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-application
conference).
Planned development district: This includes review of the application, site visits, meetings
with the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings. Applications will be required to seek approval of
conceptual site plans (for 66 percent of the fee), and comprehensive site plans (for the
remaining 34 percent of the fee) in a two-stepped process.
Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference).
Specific use permit: This includes review of the application, site visits, meeting with the
applicant and recommendations to the planning and zoning commission and all public
notifications.
Fee: $1,800.00.
Amendments to approved site plans: This includes review and approval of the town manager
and/or his designee(s). If the request exceeds the legal authority of the town manager and/or
his designee(s) to grant the site plan revision, the application may be converted to a full
zoning application with payment of the balance of a full application fee.
Fee: $900.00 plus $20.00 per acre (less fee paid for pre-application conference).
Variance of UDC Regulations: This includes review of the application, site visits, meetings
with the applicant and associated town staff and recommendations to the board of
adjustment, and all public notifications and public hearings.
Fee: $900.00.
3) SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS
Pre-application or pre-design conference: Ten percent of the projected total fee for the activity
being applied for. This fee shall be credited toward the next ongoing fee, if any, when due.
(Minimum $1,800.00)
Any subdivision plat or resubdivision plat:
Preliminary plats: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Final plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Engineering plans: $1,800.00 plus $90.00 per acre, 150-acre minimum.
Replat: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Site plans:
Comprehensive (final) site plans: $1,800.00 plus $90.00 per acre, 150-acre minimum.
Vacation of plat: $720.00.
Variance of subdivision regulations: $900.00.
4) CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS
Construction inspections: The inspection fee will be six percent of certified construction costs of
the land development (including, but not limited to, public and private improvements such as
streets and roads, drainage, parking lots, fire water systems, walls, fences, site grading, water
features, parks, open space corridors, required landscaping, irrigation, sidewalks, trails, etc., but
not including building construction) for subdivisions or resubdivision. Inspection fees are to be
paid half of estimated amount upon approval of final plat or site plan and the balance based upon
certified construction costs before work commences. The construction inspection fee is in
addition to any other fees listed herein.
5) Commercial and Remodel Permit Fees
Building Permit Fees:
Uniform Building Code 1997
TABLE INSET:
Total Valuation Fee
$1.00 to $500.00 $23.50
$501.00 to $2000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00
or fraction thereof, to and including $2,000.00.
$2,001.00 to
$25,000.00
$69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00 or fraction thereof, and including $25,000.00.
$25,001.00 to
$50,000.00
$391.25 for the first $25,000.00 plus $10.10 for each additional
$1,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to
$100,000.00
$643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00.
$100,001.00 to
$500,000.00
$993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00.
$500,001.00 to
$1,000,000.00
$3,233.75 for the first $500,000.00 plus $4.75 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00.
1,000,001.00 and up $5,608.75 for the first $1,000,000.00 Plus $3.15 for each additional
$1,000.00 or fraction thereof.
Plan review fee: Add 65 percent to permit fee.
Other inspections and fees:
TABLE INSET:
(1)
Inspections outside of normal business hours
(Minimum charge--two hours) $75.00 per hour*
(2)
Reinspection fees assessed under provisions
of Section 305.8 $75.00 per hour*
(3)
Inspections for which no fee is specifically
indicated
(Minimum charge--one-half hour)
$75.00 per hour*
(4)
Additional plan review required by changes
or revisions to plans (Minimum charge--one-
half hour)
$75.00--$125.00 per hour*
(depending on expertise and
experience level required)
(5)
For use of outside consultants for plan
checking and inspections, or both Actual cost
*Or the total hourly cost to the town, whichever is the greater. This cost includes
supervision, overhead, equipment, hourly wages and benefits, and mileage.
**Actual cost includes administrative and overhead costs.
6) SPECIAL BUILDING PERMIT FEES
Swimming pools $500.00
Fence if not including building permit $165.00
Fence repair and barbed wire fencing excluded No fee, no
permit
Demolition $250.00
Sprinkler system for yards $300.00
Any antenna $400.00
Sidewalk, curb cuts, driveways, concrete work $200.00
Accessory portable building with no slab or electrical and less than 120
square feet
Add $60.00 for electrical inspection
$75.00
Accessory building with slab, no electrical and less than 120 square feet $150.00
Add $60.00 for electrical inspection
Moving permit for buildings moved on any town street: Permanent house
relocation (plus all direct and indirect costs incurred by the Town of Westlake
due to such relocation)
$450.00
Construction in the public-right-of-way (other than a certificated
telecommunications provider) $600.00
Trenching or excavating not within the public right-of-way (other than a
certificated telecommunications provider) $600.00
7) SIGN PERMITS AND OTHER INSPECTIONS
Sign Permits
Construction signs $150.00
Temporary signs $80.00
Signs or display cases within the commercial district $200.00
Home occupation signs $75.00
Political signs No Permit
Signs within residential district (Except for home occupation signs) No Permit
Other Inspections and Fees
Inspections outside of normal business hours (Minimum two-hour charge) $90.00 per
hour
Reinspection fees assessed under provisions of section 305(g) $75.00 per
hour
Inspections for which no fee is specifically indicated (Minimum one-half-
hour charge)
$75.00 per
hour
Additional plan review required by changes, additions or revisions to
approved plans (Minimum one-half hour charge)
$75.00 per
hour
8) Residential New Construction and additions permit fees:
Residential building permit fees shall be the amounts calculated in accordance with the
addendum attached to Ordinance No. 470 titled Residential Building Permit Fee Formula. If the
residence is required to have sprinklers then there shall be added to the residential building
permit fee a sprinkler review fee calculated on the number of sprinkler heads as follows:
TABLE INSET:
1--100 $275.00
101--200 325.00
201--300 350.00
301--400 375.00
401--500 425.00
over 500
500.00
plus 0.33
per sprinkler
over 500
9) RESIDENTIAL DEVELOPMENT FEE
All newly-constructed residential structures shall pay a $3,100.00 residential lot development fee
per lot where the town's duct bank is or is planned to be located, in addition to the building
permit fees. The residential lot development fee shall be payable in conjunction with the building
permit fee.
10) MISCELLANEOUS FEES AND USES
Special event permit $250.00
Temporary electrical poles $35.00
Subdivision name change $250.00
Street name change $250.00 + cost of new street name blades
Zoning verification letter $500.00
11) WESTLAKE DEPARTMENT OF PUBLIC SAFETY FIRE DIVISION permit fees:
1. Sprinkler permit* $25.00 year
2. Residential sprinkler system plan review* $100.00
3. Sprinkler system reinspection* $75.00
4. Alarm system reinspection* $25.00
5. Final inspection for new construction* $75.00
6. Reinspection for new construction* $25.00
7. Burn permits (residents free) nonresidents $25.00 a week
8. Vent-a-hoods system permits* $75.00
9. Wet chemical systems permit* $75.00
10. Aerosol products (500 pounds)* $50.00
11. Aircraft refueling vehicles $100.00
12. Asbestos removal $500.00
13. Aircraft repair hanger $100.00
14. Automobile wrecking yard $250.00
15. Battery system $250.00
16. Bowling pin or alley refinishing $250.00
17. Candles and open flame in assembly areas $50.00
18. Carnivals and fairs $25.00
19. Cellulose nitrate film $100.00
20. Combustible fiber storage $50.00
21. Combustible material storage $250.00
22. Compressed gases* $100.00
23. Commercial rubbish handling operations* $250.00
24. Cryogens* $250.00
25. Dry cleaning plants* $50.00
26. Dust producing operations $250.00
27. Explosives or blasting agents* $150.00
28. Fire hydrant and water control valves* $25.00 a week
29. Fireworks* $100.00
30. Flammable or combustible liquids* $100.00
31. Fruit ripening $25.00
32. Fumigation or thermal insecticidal fogging $250.00
33. Hazardous material* $50.00
34. High-piled combustible storage $250.00
35. Hot works operations $50.00
36. Liquefied petroleum gasses* $250.00
37. Liquid or gas-fueled vehicles or equipment in assembly buildings $50.00
38. Lumber yards $250.00
39. Magnesium working $150.00
40. Mail covered* $50.00
41. Motor vehicle fueling dispensing station* $50.00
42. Organic coating $50.00
43. Ovens industrial baking or drying $50.00
44. Parade floats $5.00
45. Places of assembly* $50.00
46. Pyrotechnical special effects material* $50.00
47. Radioactive materials $500.00
48. Refrigeration equipment* $25.00
49. Repair garages $50.00
50. Spraying or dipping $100.00
51. Temporary membranes structures, tent and canopies* $25.00
52. Tire storage $50.00
53. Wood products* $50.00
12) FIRE PLAN CHECK FEE
0--100,000 square
feet $0.015/square foot
100,001--300,000
square feet $1,500.00 for the first 100,000 square feet
100,001 square feet
plus $0.014 for each additional square foot of area
300,001 + square
feet
$4,200.00 for the first 300,000 square feet plus 0.009 for each
additional square foot of area or fraction thereof.
13) AMBULANCE AND EMS FEES
BLS Emergency $400.00
ALS I $500.00
ALS II $700.00
Mileage $.10 per mile
TOWN OF WESTLAKE
RESOLUTION 09-03
APPROVING THE AMENDED “FEES AND USE SCHEDULE” DATED
JANUARY 12, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Town Council of the Town of Westlake, Texas, does
hereby approve the Fees and Use Schedule dated January 12 2009, an example of which
is attached and labeled Exhibit “A”.
PASSED AND APPROVED ON THIS 12 DAY OF JANUARY 12 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
Stan Lowry, Town Attorney
1
PROPOSED FEES AND USE SCHEDULE
Revised
January 12, 2009
1) The fees and use charges listed in this section are in addition to any other fees and use
charges which may exist in ordinances of the town, including, but not limited to the Uniform
Fire Code, Uniform Building Code, National Electrical Code, Uniform Plumbing Code and
Uniform Mechanical Code. To the extent there is a conflict in the fees and use charges
contained in this section with other stated fees and uses, the fees and use charges in this
section shall prevail.
2) ZONING CHANGE APPLICATIONS
Pre-application/pre-design conference: This is intended to provide the applicant with a
verbal interpretation of ordinances and processes, and to respond to any questions they may
have. Such meetings may involve the town consultants at the request of the town manager.
Fee: $400.00 This conference is only required, and the fee charged, at the discretion of the
Town Manager.
Straight zoning change: This includes review of the application, site visits, meetings with
the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-application
conference).
Planned development district: This includes review of the application, site visits, meetings
with the applicant and recommendations to the planning and zoning commission as well as
published notifications and public hearings.
Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference).
Specific use permit: This includes review of the application, site visits, meeting with the
applicant and recommendations to the planning and zoning commission and all public
notifications.
Fee: $1,800.00.
Amendments to approved site plans: This includes review and approval of the town manager
and/or his designee(s). If the request exceeds the legal authority of the town manager and/or
his designee(s) to grant the site plan revision, the application may be converted to a full
zoning application with payment of the balance of a full application fee.
Fee: $900.00 plus $20.00 per acre (less fee paid for pre-application conference).
Variance of UDC Regulations: This includes review of the application, site visits, meetings
with the applicant and associated town staff and recommendations to the board of
adjustment, and all public notifications and public hearings.
Fee: $900.00.
2
3) SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS
Pre-application or pre-design conference: Ten percent of the projected total fee for the activity
being applied for. This fee shall be credited toward the next ongoing fee, if any, when due.
(Minimum $1,800.00)
Any subdivision plat or re-subdivision plat:
Preliminary plats: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Final plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Minor Plats: $900.00 plus $90.00 per acre, maximum of $18,000.00.
Engineering plans: $1,800.00 plus $90.00 per acre.
Replat: $1,800.00 plus $90.00 per acre, maximum of $36,000.00.
Site plans:
Comprehensive (final) site plans: $1,800.00 plus $90.00 per acre.
Vacation of plat: $720.00.
4) CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS
Construction inspections: The inspection fee will be six percent (6%) of certified construction
costs of the land development (including, but not limited to, public and private improvements
such as streets and roads, drainage, parking lots, fire water systems, walls, fences, site grading,
water features, parks, open space corridors, required landscaping, irrigation, sidewalks, trails,
etc., but not including building construction) for subdivisions or re-subdivision. Estimated
Inspection fees are to be paid prior to permitting and or commencement of work on the proposed
improvements and the balance based upon certified construction costs prior to acceptance of
improvements or issuance of building permits. The construction inspection fee is in addition to
any other fees listed herein.
5) Commercial and Remodel - Building Permit Fees
Total Valuation Fee
$1.00 to $500.00 $50.00
$501.00 to $2000.00 $50.00 for the first $500.00 plus $6.60 for each additional $100.00
or fraction thereof, up to and including $2,000.00.
$2,001.00 to
$25,000.00
$150.00 for the first $2,000.00 plus $30.00 for each additional
$1,000.00 or fraction thereof, up to and including $25,000.00.
$25,001.00 to
$50,000.00
$840.00 for the first $25,000.00 plus $21.60 for each additional
$1,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to
$100,000.00
$1,380.00 for the first $50,000.00 plus $15.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00.
3
$100,001.00 to
$500,000.00
$2,130.00 for the first $100,000.00 plus $12.00 for each additional
$1,000.00 or fraction thereof, to and including $500,000.00.
$500,001.00 to
$1,000,000.00
$6,930.00 for the first $500,000.00 plus $10.20 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00.
1,000,001.00 and up $12,030.75 for the first $1,000,000.00 Plus $6.60 for each
additional $1,000.00 or fraction thereof.
Plan review fee: Add 65 percent to permit fee.
Other inspections and fees:
TABLE INSET:
(1)
Inspections outside of normal business hours
(Minimum charge--two hours)
$75.00 per hour*
(2 hour minimum)
(2)
Reinspection fees assessed under provisions of the adopted
codes.
$75.00 per hour*
(1 hour minimum)
(3)
Inspections for which no fee is specifically indicated.
(Minimum charge--one-half hour)
$75.00 per hour*
(1 hour minimum)
(4)
Electrical, Plumbing, and Mechanical inspections. $75.00 per hour*
(1 hour minimum)
(5)
Consultants for inspections or plan review utilized for specific
specialized projects.
Actual cost
incurred.
*Or the total hourly cost to the town, whichever is the greater. This cost includes
supervision, overhead, equipment, hourly wages and benefits, and mileage.
**Actual cost includes administrative and overhead costs.
6) Residential New Construction and additions permit fees:
Residential building permit fees shall be the amounts calculated in accordance with the
addendum attached to Ordinance No. 470 titled Residential Building Permit Fee Formula.
7) SPECIAL BUILDING PERMIT FEES
Swimming pools $500.00
1) Fence if not included in building permit application $165.00
2) Fence repair and barbed wire fencing excluded No fee, no
permit
4
3) Demolition $250.00
4) Sprinkler system for yards $300.00
5) Any antenna $400.00
6) Sidewalk, curb cuts, driveways, concrete work in Right-of-way $200.00
7) Moving permit for buildings moved on any town street: Permanent
house relocation (plus all direct and indirect costs incurred by the
Town of Westlake due to such relocation)
$450.00
8) Construction in the public-right-of-way (other than a certificated
telecommunications provider) $600.00
9) Trenching or Excavating not within the public right-of-way (other than
a certificated telecommunications provider) $600.00
8) SIGN PERMITS AND OTHER INSPECTIONS
Sign Permits
Construction signs $150.00
Temporary signs $80.00
Signs or display cases within the commercial district $200.00
Home occupation signs $75.00
Political signs No Permit
Signs within residential district (Except for home occupation signs) No Permit
9) RESIDENTIAL DEVELOPMENT FEE
All newly-constructed residential structures shall pay a $3,100.00 residential lot development fee
per lot where the town's duct bank is or is planned to be located, in addition to the building
permit fees. The residential lot development fee shall be payable in conjunction with the building
permit fee.
10) MISCELLANEOUS FEES AND USES
Special event permit – includes all tents, fireworks, and
temporary electrical poles. $250.00
Temporary electrical poles. For other than construction
projects. $35.00
Subdivision name change. $250.00
5
Street name change. $250.00 + cost of new street
name blades
Zoning verification letter $500.00
11) FIRE DIVISION permit fees:
1. Aboveground Storage Tanks (AGST) $150.00
2. After hour inspections $ 75.00**
3. Asbestos removal $100.00
4. Battery Systems $250.00
5. Burn Permit – Non-resident $ 50.00
6. Burn Permit – Resident No Charge
7. Candles and open flame in assembly areas $ 50.00
8. Carnivals and Fairs $ 50.00*
9. Changing UST or AGST contents $100.00
10. Compressed Gas $100.00
11. Cryogens $250.00
12. Dry Cleaning Operations – flammable/combustible liquids $ 75.00
13. Dry Cleaning Operations – non-flammable liquids $ 50.00
14. Emergency Medical Services – services and expendables #
15. Explosives or Blasting Agents – Use $150.00*
16. Fire Alarm System Review #
17. Fire Sprinkler System Review #
18. Fireworks (certified events only) $150.00*
19. Fumigation or thermal insecticidal fogging $250.00
20. Hazardous Materials – Storage, dispense, use of $ 50.00
21. Hazardous Materials Mitigation ^#
22. Highly Toxic Pesticides – Storage, use of $ 50.00
23. High-Piled Combustible Storage $ 50.00
24. Hot works operations $ 50.00
25. LPG 25-199 WGC $ 25.00
26. LPG 200-1,999 WGC $ 75.00
27. LPG 2,000 < WGC $100.00
28. LPG fueled vehicles or equipment in assembly buildings $ 50.00
29. Malls – covered $ 75.00*
30. Motor vehicle fueling dispensing station $ 50.00
31. Personnel stand-by – Fire Watch $ 35.00^
32. Personnel stand-by – Special Event $ 35.00^
33. Private Agency License Inspection/Certification $ 50.00
34. Pyrotechnic – Special events material $500.00*
35. Radioactive Materials $500.00
36. Re-inspection for fire alarm systems $ 75.00*
37. Re-inspection for new construction $ 75.00*
6
38. Re-inspection for sprinkler systems $ 75.00*
39. Trench Burning – Clearing Land or Rubbish $150.00
40. Underground Storage Tanks (UST) $150.00
41. UST and AGST removal or temporary out of service $ 50.00
42. Water System Analysis/Test for Fire Suppression Systems $ 25.00
*If required, addition cost for personnel may be charged. Additional cost for expendable
equipment and necessary apparatus may be incurred.
**Two (2) hour minimum. If required, addition cost for personnel may be charged. Additional
cost for expendable equipment and necessary apparatus may be incurred.
^Cost is per hour per personnel utilized. Additional cost for expendable equipment and
necessary apparatus may be incurred.
#Cost based on third party or contracted services provider fees. Based on agreement with the
Town, fees may be paid directly to the third party or contracted services provider.
12) FIRE PLAN CHECK FEE
0--100,000 square
feet $0.015/square foot
100,001--300,000
square feet $1,500.00 for the first 100,000 square feet
100,001 square feet
plus $0.014 for each additional square foot of area
300,001 + square
feet
$4,200.00 for the first 300,000 square feet plus 0.009 for each
additional square foot of area or fraction thereof.
13) AMBULANCE AND EMS FEES
BLS Emergency $400.00
ALS I $500.00
ALS II $700.00
Mileage $.10 per mile
7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop
and / or Council meeting, under “Future Agenda Item Requests”, an agenda item
for a future Council meeting. The Council member making the request will
contact the Town Manager with the requested item and the Town Manager will
list it on the agenda. At the meeting, the requesting Council member will explain
the item, the need for Council discussion of the item, the item’s relationship to the
Council’s strategic priorities, and the amount of estimated staff time necessary to
prepare for Council discussion. If the requesting Council member receives a
second, the Town Manager will place the item on the Council agenda calendar
allowing for adequate time for staff preparation on the agenda item.
- None.
Town of
Westlake
Item # 7 –
Future Agenda
Items
Council Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/23/08 J. Greenwood Southlake Waterline Proposal Workshop
5/30/08 T. Meyer Cemetery Rules and Regulations Workshop
7/29/08 T. Meyer Park and Rec. Adv. Board Workshop
12/15/08 D. Piper Hear and Accept Town’s Annual Audit Report (Feb/Mar) Meeting
1/2/09 J. Greenwood Report on Recycling Program Update
Jan. 26, 2009, Meeting (submittal deadline Jan. 15)7 p.m.
Date Contact Description Format
11/13/08 K. Sutter Order General Election (May 9, 2009) Meeting
12/9/08 J. Greenwood Stagecoach Hills Drainage Report Workshop
12/9/08 T. Brymer Discussion regarding Strategic Plan TBD
1/5/09 J. Greenwood Tarrant County Interlocal Agreement Meeting
Jan. 29, 2009, Joint Regional Meeting 6:30 p.m.
Date Contact Description Format
11/13/08 T. Brymer Joint Regional Meeting Roanoke, Trophy Club and NWISD Meeting
Feb. 9, 2009, Meeting (submittal deadline Jan. 29)7 p.m.
Date Contact Description Format
11/13/08 K. Sutter Approve election contract with Tarrant County Meeting
12/9/08 J. Greenwood FM 1938 Streetscape concepts presentation Workshop
11/12/08 T. Brymer “Green Initiative” Mike Conduff Workshop
1/5/09 A. DeGan Municipal Court Credit Card Contract Amendment Meeting
Feb. 23, 2009, Meeting (submittal deadline Feb. 12) 7 p.m.
Date Contact Description Format
12/9/08 T. Meyer Update on Arts & Sciences Center Building TBD
January 2009 1 February 2009 2 March 2009 3
S M T W Th F Sa S M T W Th F Sa S M T W Th F
S
a
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30 31
Trustee and Aldermen Meeting Aldermen Meeting
Holiday
8. COUNCIL CALENDAR.
- Texas Student Housing Authority meeting
O 1/20/09, 5:30 p.m.
- Joint Regional Meeting with NWISD, Roanoke and Trophy Club
o 1/29/09, 6:30 p.m., Westlake Town Hall
- TML Legislative Briefing
o 2/6 – 2/9/09, Austin, Texas
Town of
Westlake
Item # 8 –
Council Calendar
Town of
Westlake
Item # 9 –
Adjournment
Back up material has not
been provided for this item.
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL WORKSHOP
A G E N D A
JANUARY 12, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
5:00 p.m.
1. CALL TO ORDER.
2. DISCUSS AND CONSIDER A DRAFT PROPOSED OIL AND GAS DRILLING
TECHNICAL STANDARDS ORDINANCE, PROPOSED ZONING ORDINANCE
AMENDMENTS RELATED TO OIL AND GAS DRILLING, AND PROPOSED
PERMITS/FEES RELATED FOR OIL AND GAS DRILLING IN WESTLAKE.
3. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council
meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The
Council member making the request will contact the Town Manager with the requested item and the
Town Manager will list it on the agenda. At the meeting, the requesting Council member will
explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s
strategic priorities, and the amount of estimated staff time necessary to prepare for Council
discussion. If the requesting Council member receives a second, the Town Manager will place the
item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda
item.
- None
4. ADJOURNMENT.
Town of Westlake Town Council Page 2 of 2
Workshop Agenda
January 12, 2009
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS
IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076
AND SECTION 551.87 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
January 9, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of January 12, 2009
Date: January 4, 2009
ITEM
Discussion and consideration of a draft proposed oil and gas drilling technical standards
ordinance, proposed zoning ordinance amendments related to oil and gas drilling, and
proposed permits/fees for oil and gas drilling in Westlake.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
; We are Leaders
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
The Council and staff have been working on proposed revisions to oil and gas drilling
regulations for over a year.
In spring 2008, after reviewing area communities’ oil and gas drilling ordinances, the
Council gave staff direction to take additional time to perform further research on these
regulations including discussions with area city staffs and representatives of the oil and
gas industry. Having carried out this Council direction, the staff in 2 Council workshops
in October 2008 received Council direction regarding a framework for proposed oil and
gas drilling regulations.
This proposed regulatory framework had 2 components. First, was to regulate the
zoning/land use aspect of oil and gas drilling by allowing oil and gas drilling in any
zoning district, but only with a Council approved Specific Use Permit (SUP). An SUP
requires a public hearing before both the Planning & Zoning Commission and the Town
Council before it can be approved or denied. Second, was to place all the technical,
aesthetic, noise, light, road, and setback regulations for oil and gas drilling in a proposed
technical standards ordinance. This proposed technical standards ordinance establishes a
process that, before a well could be drilled, the operator must first have an approved
Specific Use Permit. If the operator receives an approved SUP, then the operator can
apply for a Gas Well Pad Site Permit. If the Gas Well Pad Site Permit is approved, then
the operator can apply for a Gas Well Permit and if it is issued, then the operator can
begin to perform drilling.
A public information meeting was held in November 2008 to receive citizen feedback
about this proposed regulatory framework. Extensive use of the Town’s web site as well
as email to those on the Town’s email “blast” list serve has been used to keep residents
informed about the work to date on this topic. The Planning & Zoning Commission held
a public hearing in December on the zoning aspect of this proposed regulatory framework
and tabled it so that both regular zoning districts and planned development districts could
be considered.
FUNDING: N/A at this time.
RECOMMENDATION:
Following presentations made at the workshop, staff recommends that the Council:
1. Review the draft proposed technical standards ordinance and give staff feedback
about its adequacy in meeting the Council’s policy goals for regulating oil and gas
drilling in Westlake.
2. Re-visit and review the proposed zoning approaches for regulating the land use aspect
of oil and gas drilling in Westlake and provide staff direction regarding what
approach the Council wishes to use regarding zoning.
3. Review the proposed permits and fees for administering the proposed technical
standards ordinance
ATTACHMENTS:
1. Proposed oil and gas technical standards ordinance.
2. Power point presentation from 10-6-08 Council workshop re: staff recommended oil
and gas drilling staff regulatory approach for oil and gas drilling in Westlake.
3. Notes from the November 11, 2008, Public Information Meeting.
Draft Jan. 8, 2009
1
Contents
CHAPTER 56 GAS AND OIL WELLS ......................................................................................... 4
ARTICLE I. IN GENERAL ............................................................................................................ 4
Sec. 56-1 – 56-30. Reserved. ......................................................................................................... 4
ARTICLE II. DRILLING & PRODUCTION ................................................................................ 4
Sec. 56-31 Purpose and Intent. ....................................................................................................... 4
Sec. 56-32 Definitions. ................................................................................................................... 5
Sec. 56-33. Gas Well Pad Site Permit Required. .......................................................................... 16
Sec. 56-34. Gas Well Pad Site Classifications. ............................................................................. 16
Sec. 56-35. Gas Well Pad Site Permit Application and Requirements. ........................................ 17
Sec. 56-36. Site Plan requirements. ............................................................................................. 19
Sec. 56-37. Gas Well Pad Site Standards. .................................................................................... 21
Sec. 56-38. Gas Well Permit Required. ....................................................................................... 26
Sec. 56-39. Gas WellPermit Application, Requirements and Filing Fees. .................................. 27
Sec. 56-40. Standards for Gas WellDrilling and Production. ...................................................... 29
Sec. 56-41. Insurance and Indemnification. ................................................................................. 40
Sec. 56-42. Bond, Irrevocable Letter of Credit. ........................................................................... 44
Sec. 56-43. Gas Inspector............................................................................................................. 47
Sec. 56-44. Operator’s Agent. ..................................................................................................... 47
Sec. 56-45. Periodic Reports. ...................................................................................................... 48
Sec. 56-46. Transfer of Gas Well Permits. .................................................................................. 49
Sec. 56-47. Cleanup and Maintenance. ....................................................................................... 49
Sec. 56-48. Plugged and Abandoned Wells. ................................................................................ 50
Sec. 56-49. Technical Advisor. ..................................................................................................... 52
Sec. 56-50. Remedies of the Town. ............................................................................................. 52
Sec. 56-51. Amended Well Permits. ............................................................................................ 53
Sec. 56-52. Re-working of Well; Notice. ..................................................................................... 53
Sec. 56-53. Commission Permits; TCEQ .................................................................................... 54
ARTICLE III. OIL AND GAS PIPELINE STANDARDS .......................................................... 54
Sec. 56-54. Purpose. ..................................................................................................................... 54
Sec. 56-55. Definitions. .............................................................................................................. 55
Sec. 56-56. General Requirements and Minimum Design Standards. ........................................ 55
Sec. 56-57. New Pipeline Permit/License Application. ............................................................... 59
Draft Jan. 8, 2009
2
Sec. 56-58. Permit and/or License Approval. .............................................................................. 61
Sec. 56-59. Public Education. ..................................................................................................... 62
Sec. 56-60. Pipeline Information Reporting Requirements. ........................................................ 63
Sec. 56-61. Pipeline Markers. ..................................................................................................... 66
Sec. 56-62. One Call System ...................................................................................................... 66
Sec. 56-63. Inactive and Idled Pipelines. ..................................................................................... 67
Sec. 56-64. Emergency Response Plans and Emergency Incident Reporting. ........................... 68
Sec. 56-65. Pipeline Repairs and Maintenance. .......................................................................... 70
Sec. 56-66. No Grant of Town Easement, No Assumption of Responsibility by Town. ............. 70
Sec 56-67. Protection and Painting of Structures. ...................................................................... 70
Sec. 56-68. Waiver/Hold Harmless Agreement Required for Issuance of Building Permit. ...... 71
Sec. 56-69. Street and Right-of-way Use. ................................................................................... 71
Sec. 56-70. Violations. ................................................................................................................ 71
Sec. 56-71. Bond and Insurance Required. .................................................................................. 72
( ..................................................................................................................................................... 72
Sec. 56-72. Termination of Permit and/or license. ....................................................................... 74
Draft Jan. 8, 2009
3
TOWN OF WESTLAKE
ORDINANCE NO. _____
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS (“TOWN”),
AMENDING CHAPTER 56 GAS WELLS, ARTICLE II DRILLING AND
PRODUCTION OF THE WESTLAKE CODE OF ORDINANCES,
REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS
WITHIN THE TOWN, TO PROVIDE REVISED REGULATIONS
REGARDING DISTANCE, NOISE AND TECHNICAL PROVISIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, is a General Law
Municipality located in Tarrant and Denton Counties, Texas, created in
accordance with the provisions of the Texas Local Government Code and
operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, on May 24, 2004, the Town Council of the Town of
Westlake adopted Ordinance Number 458 enacting permit procedures, fees
and regulations regarding the drilling and production of oil or Gas Wells with
the Town limits of Westlake; and
WHEREAS, the Town Council finds that the additional regulations for
the development of gas and other hydrocarbon substances within and under
the Town is necessary in order to protect the surface property rights, to
protect the owners of mineral rights and to provide for the orderly
exploration, development, and production of gas and other hydrocarbons;
and
WHEREAS, the Town Council deems it advisable to amend the
current regulations for the drilling, production and re-drilling of gas and
other hydrocarbon wells so that these activities may be conducted in a
manner that protects the public health, safety and welfare of the citizens of
Westlake, conforms with established codes and regulations while minimizing
the potential impact of surface property and mineral rights owners; and
WHEREAS, the Town Council finds and declares that the regulations
contained herein are in the best interest of the public health, safety and
general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
Draft Jan. 8, 2009
4
TOWN OF WESTLAKE, TEXAS:
SECTION1: THAT, the above findings are hereby found to be true and
correct and are incorporated herein in their entirety.
SECTION2: THAT, of Chapter 56, of the Town of Westlake Code of
Ordinances is hereby amended to read as follows, and that any mention of a
State or Federal governmental agency means that agency or its successor:
CHAPTER 56 GAS AND OIL WELLS
ARTICLE I. IN GENERAL
Sec. 561 – 5630. Reserved.
ARTICLE II. DRILLING & PRODUCTION
DIVISION 1. Generally
Sec. 5631 Purpose and Intent.
The exploration, development, and production of gas, oil and other
hyrdocarbons in the Town of Westlake is an activity that necessitates
reasonable regulation to ensure that all property owners, mineral and
otherwise, have the right to peaceably enjoy their property and its benefits
and revenues. It is hereby declared to be the purpose of this Ordinance to
establish reasonable and uniform limitations, safeguards and regulations for
present and future operations related to the exploring, drilling, developing,
producing, transporting and storing of gas and other substances produced in
association with gas within the Town to protect the health, safety and
general welfare of the public, minimize the potential impact to property and
mineral rights owners, and protect the quality of the environment and
encourage the orderly production of available mineral resources.
Draft Jan. 8, 2009
5
Sec. 5632 Definitions.
All technical industry words or phrases related to the drilling and production
of gas, oil and other hydrocarbon wells not specifically defined in this
Ordinance shall have the meanings customarily attributable thereto by
prudent gas industry Operators. The following words, terms and phrases,
when used in this Ordinance, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Abandoned:
Abandonment: “Abandonment” as defined by the Railroad Commission
and includes the plugging of the well and restoration of the drill site as
required by this Article.
Adjacent property owner consent form: A form provided by the Town
to be used for documenting that property owners adjacent to well Drilling
Operations have consented to allowing a reduction in the typically required
setbacks that impact their property.
Administrator: The Town Manager or his or her designated
representative.
All-weather Surface: A surface that consists of a minimum of 6 inches
of compacted Class II base rock for grades up to and including 5 percent,
and oil and screened for grades up to and including 15 percent, and asphalt
or concrete pavement with a non-skid finish for grades exceeding 15 percent
to a maximum of 20 percent on a fire apparatus access road.
Ambient Noise Level: The all encompassing noise level associated with
a given environment, being a composite of sounds from all sources at the
location, constituting the normal or existing level of environmental noise at a
given location.
Applicant: A person to whom a permit or certificate for the drilling,
operation and production of a well, or the installation or operation of a
pipeline, is issued under this Article, including, but not limited to, his or her
heirs, legal representatives, successors or assigns.
Base Flood Elevation: Shall be as defined by other Town ordinances.
Building: Any structure used or intended for supporting or sheltering
any use or occupancy, which includes, but is not limited to, all related site
work and placement of construction materials on the site.
Draft Jan. 8, 2009
6
Blowout Preventer: 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 blow outs.
Building: Any structure used or intended for supporting or sheltering
any use or occupancy. The term “building” shall be construed as if followed
by the words “or portions thereof.”
Cathodic Protection: An electrochemical corrosion control technique
accomplished by applying a direct current to the structure that causes the
structure potential to change from the corrosion potential to a protective
potential in the immunity region. The required cathodic protection current is
supplied by sacrificial anode materials or by an impressed current system.
Closed Loop Mud System: 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: The date the work is
completed for drilling, re-drilling, or re-working and the well status is one in
which the well is capable of production.
Commission: The Texas Railroad Commission and all state rules.
:
Compressor – Gas Lift: See Gas Lift Compressor.
Compressor Station: Also referred to as a Pump Station or Compressor
Facility, a Compressor Station is the engine that powers an Interstate
natural gas pipeline. It contains equipment that compresses and propels
natural gas through the pipelines.
Construction: Causing of carrying out any building, bulk head, filling,
excavation, or substantial improvements to land or to the size of any
structure.
Council: The Town Council of the Town of Westlake.
Daytime: The period from 7:00 a.m. to 7:00 p.m.
Dedication: Includes, but is not limited to, a permanent easement or a
Draft Jan. 8, 2009
7
fee simple acquisition of land for a specific purpose.
Derrick: 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.
Disposal Well: See Salt Water Disposal Well.
Drilling: Any digging or boring of a new well to develop or produce gas
or other hydrocarbons, or to inject gas, water, or any other fluid or
substance into the earth. Drilling means and includes the re-entry of an
abandoned well.
Drilling Equipment: Derrick, draw works, power plant, rotary table,
pumps, together with all parts of an apparatus to such structure, every piece
of apparatus, machinery or equipment used in connection with drilling and
operations.
Drilling Operations: All activities related to the drilling of a well
beginning with the preparation of the site and and ending with the
completion of the well. Drilling Operations and production do not occur
concurrently on the same well but may occur concurrently within the same
Gas WellGas WellGas WellGas Well Pad Site.
Drill Site: Area used during the drilling, re-drilling or re-working of a
well or wells prior to the reduction and conversion of the area to an
operation site.
Drill Zone: The area within an approved Gas Well Pad Site designated
for drilling well bores,as shown on the Site Plan as part of the Specific Use
Permit approval process.
Excavation: 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.
Exploration: Geologic or geophysical activities, including seismic
surveys, related to the search for gas or other subsurface hydrocarbons.
Federal: The United States Government and its various agencies.
FEMA: The Federal Emergency Management Agency.
Filling: Includes, but is not limited to, disposal of excavated materials.
Draft Jan. 8, 2009
8
Fire Chief: The Fire Chief of the Town of Westlake, Texas, or the Town
Manager or his designee.
Fire Code: The Adopted Fire Code of the Town of Westlake, Texas, as
amended.
Fire Marshal: The Fire Marshal of the Town of Westlal or, the Twon
Manager or his designee in the absence of a designated fire marshal, the
Director of Public Safety of the Town of Westlake, Texas.
Flaring: Shall be defined to mean burn off gas during the Flow Back
Operations stage. The process includes a series of secured piping to
facilitate the flow of gas and a combustion chamber to ignite the gas.
Floodplain: Shall be as defined by other Town ordinances.
Flowback Operations: Shall be defined as including Work Over
Operations and other means necessary to expel water from the drilling hole
in order to facilitate the production of gas.
Frac, fracture or fracturing: The process of fracture stimulation of a
rock formation, including, but not limited to, the process of pumping sand
laden fluids down a well to stimulate a rock formation.
Fresh Water Well: A well for the production of water.
Gas: 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.
Gas Lift Compressor. Any on-site compressor used to 'lift gas' from
the well to the well line collection system connecting to the on-site Tank or a
Tank Batteryshall be designed to comply with the noise requirements of this
Ordinance.
Gas Inspector: The Town Manager or his designee.
Gas Well: Any well drilled, to be drilled, or used for the intended or
actual production of natural gas or other hydrocarbons.
Draft Jan. 8, 2009
9
Gas Well Pad Site: the area defined on the Site Plan for a Specific Use
Permit (SUP)used for all storage and operational activities associated with
gas drilling and production.
Gas Well Pad Site Permit: A Town permit authorizing the construction
of a Gas Well Pad Site.
Gas Well Permit: A permit authorizing the Drilling, Re-drilling, Re-
entering, Fracturing, Re-working,Abandoning, or Re-Activating of a Well as
approved by this ordinance.
Gas Well Production Site: The area used for the production of gas, oil
and other hydrocarbons. Reworking, re-fraccing, and other well
maintenance activities may also be conducted within this area. Drilling shall
only be permitted within the Drill Zone located within a Gas Well Pad Site.
Green Well: A well which has the necessary equipment installed so as
to allow operations and production without the necessity of Flaring or
allowing gas to escape into the atmosphere.
Habitable Structures: Structures meeting the Town of Westlake’s code
requirements for human habitation or occupation, including, but not limited
to, single or multifamily residences, hotels, condominium buildings, buildings
for commercial purposes and enclosed spaces in which individuals
congregate for education, worship, amusement or similar purposes, or in
which occupants are engaged at labor, and 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. Additionally, a
Habitable Structure includes porches, gazebos and other attached
improvements.
Hazardous Liquid: Defined by the Railroad Commission at 16 Texas
Administrative Code, SECTION 7.80, Definitions, as amended, shall mean
petroleum or any petroleum product, and any substance or material which is
in a liquid state, when transported by pipeline facilities and which has been
determined by the United States Secretary of Transportation to pose an
unreasonable risk to life or property when transported by pipeline facilities.
The term shall be enlarged to include liquefied natural gas and anhydrous
ammonia should such materials at any time be introduced into any pipeline
subject to this Article. It shall also include carbon dioxide, defined at 49 CFR
192.2 as a fluid consisting of more than ninety percent (90%) carbon dioxide
molecules compressed to a supercritical state.
Draft Jan. 8, 2009
10
Hazardous Materials and Site Safety Management Plan: The hazardous
materials management plan and hazardous materials inventory statements
required by the Town fire code as well as a site safety plan which shall
comply with EPA and OSHA rules and regulations for a construction and
hazardous materials work zone to include, but not limited to, a hazardous
materials action plan with all monitoring equipment/maintenance plans
listed.
Health Care Facility: A location at which medicine is praticed regularly.
Medical facilities range form small clinics and doctor’s offices to urgent care
centers and large hospitals as examples.
High Impact Gas Well Pad Site: A Gas Well Pad Site containing a Drill
Zone that is closer than (600) six-hundred feet from a Protected Use.
Idled Pipeline: A pipeline that has been inactive for at least two (2)
years even though there may be no specific plans to reactivate the pipeline.
Inactive pipeline: A pipeline that has temporarily been taken out of service
for a period of at least six (6) months for hazardous materials or hazardous
liquids and one (1) year for natural gas with the expectation that the
pipeline may be reactivated within two (2) years even though there may be
no specific plans to reactivate the pipeline.
Inspector: The oil and gas inspector designated by the Town Manager.
Line Marker. A marker identifying the location of a buried pipeline, as further
defined in 49 CFR 192.707
License: A license issued by the Town of Westlake to permit certain
uses for a prescribed amount of time at a prescribed location.
Man Made Barriers: Barriers other than natural terrain used to aid in
the protection of a Protected Use from some of the possible hazards
associated with a Gas Well. Man made barriers shall only be allowed as
approved during the Specific Use Permit approval process.
New Pipelines: Pipelines constructed after the effective date of this
Article but shall not include (a) the replacement or repair of any existing
pipeline; (b) the realignment of a portion of an existing pipeline to a position
that is not greater than fifty (50) feet from its original position; or (c)
surface appurtenances added to existing pipelines.
Draft Jan. 8, 2009
11
New Well: A new well bore or new hole established at the ground surface
and shall not include the re-working of an existing well that has not been
abandoned unless the re-working involves drilling to a deeper total depth.
Nighttime: The period between 7:00 p.m. and7:00 a.m.
OperationSite: The area used for development and production and all
operational activities associated with gas after drilling activities are
complete.
Operations: Activities leading to and supporting the production of oil,
gas and/or other hydrocarbons.
Operator: For each well, the person listed on the Railroad Commission
Form W-l or Form P-4 for a well, that is, or 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 gas and oil lease relating to any premises
affected by this Article, the owner of the fee mineral estate in the premises
shall be deemed the Operator.
Padsite: See Gas Well Pad Site.
Permittee: Any person authorized to act under a permit, license, or a
certificate issued by the Town.
Person: An individual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity, the United States government,
a state, a municipality, commission, political subdivision or any international
or interstate body or any other governmental entity.
Pipeline: All parts of those physical facilities through which gas,
hazardous liquids or chemicals move in transportation, including, but not
limited to, pipe, valves and other appurtenance attached to pipe, whether or
not laid in public or private easement or public or private right-of-way within
the Town. Pipeline or Well Emergency: A pipeline or well incident in
which any of the following has occurred or is occurring:
(1) Fire or explosion not initiated by the Owner/Operator as part of its
operations (in accordance with accepted safety practices).
(2) Release of a gas, hazardous liquid or chemical that could adversely
Draft Jan. 8, 2009
12
impact the environment or health of individuals, livestock and/or
domestic animals, and wildlife, within the Town.
(3) Death of any person or individual directly attributable to the
operations of the pipeline or well.
(4) Bodily harm to any person that results in loss of consciousness, the
need to assist a person from the scene of the incident or the necessity
of medical treatment in excess of first aid.
(5) Damage to private or public property not owned by the pipeline or
well Owner or Operator in excess of five thousand dollars ($5,000.00)
in combined values, as determined by the Administrator.
(6) The rerouting of traffic or the evacuation of buildings.
Pipeline Permit: A permit applied for and issued or denied pursuant to
this Article authorizing the movement of gas, oil, water or other products to
or from the location of a well.
Pipeline Review Committee: A committee appointed by the Town
Manager, consisting of Town Staff, and others as deemed necessary, to seek
resolution of any substantive, non-resolvable technical issues related to the
issuance of a Pipeline Permit.
Pipeline Owner or Operator: Any person owning, operating or
responsible for operating an oil or gas pipeline for the purpose of
transporting oil, gas, or other gasses, or liquids related to the production of
oil, gas or other hydrocarbons.
Planning and Zoning Commission: The Planning and Zoning
Commission of the Town of Westlake, Texas.
Practicable: In determining what is practicable, the Pipeline Review
Committee shall consider the effectiveness, scientific feasibility and
commercial availability of the technology or technique.
Production: The collection and distribution process..
Property Owner: The owner of the surface property.
Protected Use: A residence, religious institution, public building,
Healthcare Facility building, Sschool or public park. This term shall not apply
to accessory buildings, garages, hangars, or storage buildings.
Public Building: All buildings used or designed to and intended to be
used for the purpose of assembly of persons for such purposes as
deliberation, entertainment, amusement, or health care. Public buildings
Draft Jan. 8, 2009
13
include, but shall not be limited to, theaters, assembly halls, auditoriums,
armories, mortuary chapels, dance halls, exhibition halls, museums, office
buildings, government use facilities, gymnasiums, bowling lanes, libraries,
skating rinks, courtrooms, restaurants, shopping malls, stores, and
healthcare facilities.
Public Park: Any land area dedicated to and/or maintained by the Town
for traditional park-like recreational purposes, but shall not include trails,
sidewalks, privately-owned parks / amusement parks or privately-owned or
privately-managed golf courses.
Re-Drill: Re-completion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty (150) feet from the
existing well bore. Re-drilling must be conducted within an approved Drill
Zone. Re-drilling shall also mean deepening, re-entering, re-fraccing,
activating or converting.
Religious Institution: Any building in which persons regularly assemble
for religious worship and activities intended primarily for purposes connected
with such worship or for propagating a particular form of religious belief.
Residence: A house, duplex, apartment, townhouse, condominium,
mobile home or other building designed or used for dwelling purposes.
Re-working or Re-working Operations: Re-completion or re-entry of
existing well within the existing bore hole or by deepening or sidetrack
operations which do not extend more than one hundred fifty (150) feet from
the existing well bore, or replacement of well liners or casings.
Right-of –way: Public rights-of-way including streets, easements and
other property within the Town and which is dedicated to the use and benefit
of the public.
Road Repair Agreement: A written binding agreement between the
Town and the Operator obligating the Operator to repair damage, excluding
ordinary wear and tear, if any, to public streets, including, but not limited to,
bridges, caused by the Operator or its employees, agents, contractors,
subcontractors or representatives in the performance of drilling or
production of any wells authorized by the Town. In addition, said agreement
may contain Town imposed requirements, prior to issuance of a Gas Well
Permit, for improvements to any public street the use of which is required by
the Operator for his well drilling and/or production operations.
Roadway Landscape Zone: As defined by other Town ordinances.
Draft Jan. 8, 2009
14
Rural Gas Well Pad Site: A Gas Well Pad Site containing a Drill Zone that is
greater than (1,000) one-thousand feet from a Protected Use.
Salt Water Disposal Well: Any well used for the disposal of salt water
or other waste materials.
Salt Water Disposal Well - commercial: Any well used for the disposal
of salt water or other waste materials for a fee or other compensation.
School: Any public and private, primary and secondary educational
facilities and any licensed day care centers, meaning a facility licensed by
the State of Texas or by the Town 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.
Site Plan: Shall include all plans as required for obtaining a Specific
Use Permit and or a Site Plan amendment meeting all of the requirements
included in this ordinance and other Town ordinances for Site Plans.
Specific Use Permit(SUP): A permit recommended by the Planning and
Zoning Commission and authorized by the Town Council for the use of land
or structures in accordance to the provisions in the Zoning Ordinance.
State: Shall mean the State of Texas.
Street: Any street, highway, roadway, sidewalk, alley, avenue, access
easement, recessed parking area or other public right-of-way, including the
entire right-of-way.
Structure: Without limitation, any building, or combination of related
components 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, enclosed tanks, etc.
Surface Area Agreement: An agreement between a property owner
and another party granting the party certain rights for useage of the surface
of the property.
Tank: A container(s) located on a Gas Well Pad Site, covered or
uncovered, used in conjunction with the drilling or production of gas or other
hydrocarbons for holding or storing fluids.
Tank Battery: Two or more tanks located within a Gas Well Pad Site.
Draft Jan. 8, 2009
15
Tank Battery Facility: a collection of tanks located other than inside a
Gas Well Pad Site serving as a point of collection (tanks) and disbursement
(tank, meter, lease automated custody transfer unit) of oil or gas from
producing well(s).
TCEQ: The Texas Commission on Environmental Quality.
Technical Advisor: Person(s) familiar with and educated in the gas
industry or the law as it relates to gas matters who may be retained from
time to time by the Town.
Town: The Town of Westlake, Texas.
Town Manager: The Town Manager of the Town of Westlake, Texas, or
his designee.
Unified Development Code: The Unified Development Code of the Town
of Westlake, Texas, as amended.
Unregulated Pipeline: Those pipelines within the Town that enjoy
exemptions under Federal and State rules that exclude such lines from
construction standards, safety standards or reporting requirements of either
or both federal and state governments.
Urban Gas Well Pad Site: A Gas Well Pad Site containing a Drill Zone
that is not closer than (600) six-hundred feet from a Protected Use and not
farther than (1,000) one-thousand feet from the nearest Protected Use.
Water Pits: a Town approved excavation designed for the storage of water
to utilized in Drilling, Fraccing, and/or Work Over Operations.
Well: A hole or bore to any horizon, formation, or strata for the
purpose of producing oil, gas, or other hydrocarbons.
Well Permit: A permit applied for and issued or denied pursuant to this
Article authorizing the drilling, production, and operation of one or more
wells.
Work Over Operations: Work performed in a well after its completion
in an effort to secure production where there has been none, restore
production that has ceased or increase production.
Zoning Ordinance: The Comprehensive Zoning Ordinance of the Town
of Westlake, Texas, as it may be amended.
Draft Jan. 8, 2009
16
Sec. 5633. Gas Well Pad Site Permit Required.
a) Any person, acting for himself or acting as an agent, employee,
independent contractor, or servant for any person, shall not engage in
the drilling and production of Gas Wells within the corporate limits of
the Town without first obtaining a Gas Well Pad Site Permit.
b) Applications for a Gas WellPad Site Permit shall be in writing, shall be
on forms provided by theTown, shall be signed by the Operator, shall
include the application fee, shall include a copy of the application for a
Specific Use Permit and, if located within a Planned Development
Zoning District, an application for a Site Plan amendment. No Gas
Well Pad Site Permit shall be issued without first obtaining an approved
SUP.
c) By acceptance of any Gas WellGas WellGas WellGas Well Pad Site
Permits issued pursuant to this Ordinance, the Operator expressly
stipulates and agrees to be bound by and comply with all of the
provisions of this Ordinance.
Sec. 5634. Gas Well Pad Site Classifications.
Gas WellPad Sites shall be classified as follows:
a) High Impact Gas Well Pad Site if the Gas Well Pad Site contains a Drill
Zone that is located within six hundred (600) feet of a Protected Use at
the time of the filing of a Gas Well Pad Site permit application.
b) Urban Gas Well Pad Site if the Gas Well Pad Site contains a Drill Zone
that is located between six hundred (600) feet and one thousand
(1000) feet of a Protected Use at the time of the filing of a Gas Well
Pad Site permit application.
c) Rural Gas Well Pad Site if the Gas Well Pad Site contains a Drill Zone
that is located more than one thousand (1000) feet from a Protected
Use at the time of the filing of a Gas Well Pad Site permit application.
Draft Jan. 8, 2009
17
Sec. 5635. Gas Well Pad Site Permit Application and Requirements.
a) Every application for a Gas Well Pad Site Permit issued pursuant to this
Ordinance shall be in writing signed by the Operator, or some person
duly authorized to sign on his behalf, and filed with the Town.
b) An application deemed complete by the Town shall include, as a
minimum, the following information:
1) All required applications, including an approved Specific Use
Permit (SUP) and all permit fees and any other applicable fees as
set out in the fee schedule approved by the Town Council by
resolution.
2) The date of the application and type of Gas Well Well Pad Site
Permit requested.
3) Surface owner name(s) and address of the pad site property.
4) Applicant/Operator name and address and if the Operator is a
corporation, the state of incorporation, and if the Operator is a
partnership, the names and addresses of the general partners.
5) Name and address of individual designated to receive notice.
6) Name of representative(s) with supervisory authority over all gas
operation site activities and a 24-hour phone number.
7) Owner and address of each parcel of property within one
thousand (1,000) feet of the proposed Drill Zone.
8) A Site Plan of the proposed Gas WellGas WellGas WellGas Well
Pad Site meeting all of the requirements contained in Sec. 56-37
and the requirements contained in the Zoning ordinance for Site
Plans.
9) The name, address and 24-hour phone number of the person to
be notified in case of an emergency.
10) The exact and correct acreage included in the Gas Well Pad
Site Permit application.
11) An original executed Town-wide Road Maintenance
Agreement signed and approved by the Town Manager must be
Draft Jan. 8, 2009
18
filed with the Town Secretary that provides that the Operator
shall repair, at the Operator’s sole expense, any damage, as may
be determined by the Town, to, Streets caused by the use of
heavy vehicles for any activity associated with the preparation,
drilling, production, and operation of Gas Wells. Said Town
required road improvements contained as a contition in a Road
Mainteneance Agreement may also cover improvements to
Streets required for the Operator to service his well during well
drilling and/or well production and that said improvements may
be required to be completed by the Operator before drilling
and/or production can commence.
12) A statement, under oath, signed by the Operator, or
designated representative, that the information submitted with
the application is, to the best knowledge and belief of the
Operator or designated representative, true and correct.
13) For Gas Well Pad Sites desiring to reduce setbacks, all
applicable Adjacent Property Owner Consent Forms must be
included along with the prescribed fee for their review, validation
and filing.
c) Gas Well Pad Site Permit Requirements.
1) An approved Specific Use Permit (SUP) per the Town’s Zoning
Ordinance is required prior to the consideration, approval, and
issuance of an approved Gas Well Pad Site Permit.
2) All approved Gas Well Pad Site permits shall be filed of record by
the Operator, at his expense in the applicable county deed
records and indicated on all applicable plats filed in the deed
records. Each filed Gas Well Pad Site permit shall contain the
street address, lot and block, subdivision name and plat volume
and page of each lot, tract or parcel located within one thousand
(1000) feet of the Gas Well Pad Site.
3) Prior to the issuance of a Gas Well Pad Site permit by the Town,
the Operator shall place at least one sign,as approved by the
Town, on the property located in a conspicuous place or places
upon the property at a point or points visible from any Street, or
Protected Use adjacent to such property. The Gas Inspector may
require additional signage if the pad site fronts on more than one
right-of-way, street, roadway, or public thoroughfare.
Draft Jan. 8, 2009
19
4) After a Gas Well Pad Site permit has been issued, the Operator
shall place, and maintain at all times,at least one sign, as
approved by the Town, on the property located in a conspicuous
place or places upon the property at a point or points visible
from any street or Protected Use adjacent to such property. The
Gas Inspector may require additional signage if the pad site
fronts on more than one right-of-way, street, roadway, or public
thoroughfare. The sign shall indicate that a Gas Well Pad Site
Permit to drill wells for gas on this site has been obtained, and
shall further set forth that additional information can be acquired
by telephoning the Applicant/Operator at the number indicated
on the sign.
5) The sign shall remain posted at the pad site for the duration of
the Gas WellGas WellGas Pad Site Permit.
6) Prior to the commencement of drilling of a future Gas Well on a
permitted Gas Well Pad Site, the Operator must submit an
application for the issuance of a Gas WellPermit, pay all
applicable fees, and fulfill all other requirements for the approval
and issuance of said permit, in accordance with this Ordinance.
7) The issuance of a Gas Well Pad Site Permit allows future wells to
be drilled on an existing Gas Well Pad Site within the approved
Drill Zone. All Gas Wells subsequently drilled upon a permitted
Gas Well Pad Site shall otherwise comply with any drilling
distance regulations for and from a Protected Use or other
structure as required by state law and applicable fire code
regulations and all other provisions of this Ordinance. Further,
all Gas Wells drilled over time on an approved Gas WellWell Pad
Site shall comply with all Town requirements in place for that
pad site at the time of approval of the Gas Well Pad Site Permit.
Sec. 5636. Site Plan requirements.
a) All submitted Site Plans shall include, as a required minimum, all items
required for a Site Plan as detailed in the Zoning Ordinance along with
the following:
1) Traffic management plan identifying all truck routes and vehicle
Draft Jan. 8, 2009
20
ingress/egress access points to the Gas Well Pad Site from a
street or street right-of-way.
2) Show the location and use of all structures and Protected Uses
within one thousand (1,000) feet of the Gas Well Pad Site.
3) Show the location of all private roads to be used to access the
Gas Well Pad Site as well as all points of intersection and
ingress/egress of private roads to a street.
4) Show location of all vehicle parking and storage areas. Describe
parking and drive area surfaces proposed.
5) Identify the proposed source of water and any other public
utilities required.
6) Identify all proposed water storage facilitiesincluding all on-site
retention ponds and how those ponds will be utilized as a
landscape water feature on the Gas Well Pad Site’s landscape
plan.
7) Identify the 100-year floodplainand if a well is located in any
part of this 100-year floodplain, how the well will be sited to
comply with the floodplain regulations contained in this and
other Town Ordinances.
8) Identify and show the proposed method of erosion control.
9) A screening and landscape plan, as well as an executed third-
party landscape maintenance agreement with frequency of
landscape maintenance identified for all landscape plant
materials as well as illustrations of all proposed screening
materials, methods of irrigation, proposed planting materials,
and elevations displaying how the proposed screening will
prevent views of all on-site production/tank equipment on the
proposed Gas Well Pad Site.
10) A tree preservation and mitigation plan.
11) A site security plan for all drilling and post Drilling
Operations.
12) A copy of the noise management plan, prepared by a noise
control engineer or other qualified person approved by the
Draft Jan. 8, 2009
21
Inspector, for any equipment used in the drilling, completion, or
production of a well.
13) An outdoor lighting plan for all drilling and post-Drilling
Operations.
14) A dust mitigation plan detailing monitoring and air quality
control measures to be implemented to mitigate and suppress
dust generated at the drill site and the private vehicle access
route for drilling and post-drilling operations. Brine water,
sulphur water, or water in mixture with any type of hydrocarbon
may not be used for dust suppression.
15) A waste disposal plan for all drilling and post-drilling
operations including the site’s Hazardous Materials and Site
Safety Management Plan (HMSP).
16) A copy of the noise management plan, prepared by a noise
control engineer or other qualified person approved by the
Inspector, for any equipment used in the drilling, completion, or
production of a well.
17) Show elevations and height of all on-site telemetry
equipment.
18) Show location of all on-site fresh water wells proposed to
serve the Gas Well Pad Site.
19) Show the location of pipelines from the well to the Tank or
to the Tank Batteries and from the Gas Well to the Gas Well
pipeline collection system.
20) All Adjacent Property Owner Consent forms must be
submitted.
21) Show all equipment and structures that may be located or
used during the Drilling and Production phases.
Sec. 5637. Gas Well Pad Site Standards.
a) Gas Well Pad Site setbacks:
a. The perimeter of a Gas Well Pad Site must be setback a
minimum of (75) seventy-five feet from an adjacent property
line. Exception: This distance may be reduced with consent
from adjacent property owners and approval by the Town.
Draft Jan. 8, 2009
22
b. When a Gas Well Pad Site is fronting on one or more streets, the
setback for the perimeter of the pad site shall be as required by
the building setback as established for that lot or as approved by
the Site Plan / Specific Use Permit approval process.
c. The Drill Zone within a Gas Well Pad Site must be setback a
minimum of (600) six-hundred feet from all Protected Uses.
Exception: This distance may be reduced to no less than (300)
three-hundred feet with consent of all property owners with
Protected Uses that are less than (600) six-hundred feet from
the proposed Drill Zone and the reduction is approved by the
Town.
d. The Drill Zone within a Gas Well Pad Site must be setback a
minimum of (300) three-hundred feet from all adjacent property
lines and or right-of-way lines. Exception: This distance may be
reduced with consent from adjacent property owners and
approval by the Town, provided that a minimum 300 feet
setback from all Protected Uses is maintained.
b) Effects of setback increases and reductions:
1) If the Drill Zone is located within six hundred (600) feet of a
Protected Use at the time of the filing of a pad site permit
application, the applicant must comply with all regulations of a
High Impact Gas Well Pad Site Permit.
2) If the Drill Zone is located within one thousand (1,000) feet but
not less than six hundred (600) feet of a Protected Use at the
time of the filing of a pad site permit application, the applicant
must comply with all regulations of an Urban Gas Well Pad Site
Permit.
3) If the Drill Zone is located greater than one thousand (1,000)
feet from a Protected Use at the time of the filing of a pad site
permit application, the applicant must comply with all
regulations of a Rural Gas Well Pad Site Permit.
c) Gas Well Pad Sites in general:
1) All future Gas Wells drilled on a permitted Gas Well Pad Site
permit shall comply with all the then current applicable Gas Well
Pad Site classification regulations, including the notice and
Draft Jan. 8, 2009
23
landscape provisions, and all other provisions of this ordinance,
except for the distance setback requirements related to drilling a
well from a Protected Use, however, no well shall be drilled
closer than three hundred (300) feet from any Protected Use.
The distance shall be calculated from the Drill Zone, in a straight
line, without regard to intervening structures or objects, to the
closest exterior point of the building containing a Protected Use
or boundary line of a Public Park.
2) No Gas Well Pad Site Permit shall be issued for a Gas Well Pad
Site greater than five (5) acres in surface area or the amount of
surface area acreage included in the Surface Use Agreement,
whichever is larger.
3) No Gas Well Pad Site may contain more than one Drill Zone.
Drill Zones may not be larger than (2) two acres in surface area.
4) No Gas Well Permit shall be issued for a High Impact Gas Well Pad Site
unless the Gas Well Pad Site is graded in such a way as to comply with
the following:
a. Any fill material shall not be higher than the highest elevation
along the perimeter of the adjacent tracts, parcels or platted
lots, however; fill material placed on pad sites shall not
exceed three (3) feet in height above the highest elevation
along the perimeter of the adjacent tracts, parcels or platted
lots.
b. The slope of the fill material is a maximum ratio of three (3)
feet horizontal to one (1) foot vertical, unless a retaining wall
system is built.
c. Fill material must be leveled and graded for positive drainage.
d. The placement of fill material may not cause the release of
dust and/or odor, damage any public improvements or public
infrastructure, or be placed in a flood plain or floodway
without a floodplain development permit from the Floodplain
Administrator. The placement of fill material shall not result
in flooding or significant increase in runoff to adjacent
properties.
e. Erosion control measures must be implemented to prevent
Draft Jan. 8, 2009
24
any off site migration of silt and sediment.
5) Perimeter Wall requirements:
A perimeter wall of a minimum of eight (8’) feet in height shall
be required to enclose and visually screen the well and all
associated equipment and structures during post-drilling
operations. Low-profile equipment or facilities must be used on
the production site and must not exceed the height of the
screening wall. Construction materials for the perimeter wall
shall include stone, cast stone, split-face concrete masonry units,
or other masonry materials approved by the Site Plan / Specific
Use Permit process. Wrought Iron fencing, with masonry
columns spaced at (24) twenty-four feet or less, may be used in
conjunction with vegetation when approved by the Town Council.
A temporary perimeter fence may be approved for all or part of
the Gas Well Pad Site during Drilling Operations if approved
during the Specific Use Permit approval process provided a time
schedule for removal is agreed to by the Town.
4) Gate Specifications. All masonry perimeter walls shall be
equipped with at least one (1) gate. The gate shall be an
architectural gate that is not less than twelve (12) feet wide and
be composed of two (2) gates, each of which is not less than six
(6) feet wide, or one (1) sliding gate not less than twelve (12)
feet wide. If two (2) gates are used, gates shall latch and lock in
the center of the span:
a. The perimeter wall shall have an architectural metal gate that
shall remain locked when the Operator or his employees are
not within the enclosure.
b. Operator must provide the Town Fire Chief with a "Knox
Padlock" or "Knox Box with a key" to access the well site to
be used only in case of an emergency.
6) Landscaping, Screening, and Tree Preservation and Mitigation.
All Gas Well Pad Sites must meet the landscape requirements
contained within the Town of Westlake Code of Ordinances or
the Town of Westlake Planned Development Supplement,
whichever is applicable, in the same manner as would any
other commercial development or construction project.
Installation of those portions of the landscaping that will be
located within the proposed perimeter wall of the Gas Well Pad
Draft Jan. 8, 2009
25
Site, but outside the proposed perimeter wall of the Gas
WellProduction Site, may be delayed until the transition from
drilling to production has been completed provided the time
schedule for such transition has been approved by the Town
Council as a part of the Operator’s approved SUP.
a. All Gas Well Pad Sites must be landscaped along their entire
perimeter to the same standards as outlined for Roadway
Landscape zones.
b. High Impact and Urban Gas Well Pad Sites must have
physical barriers between the Drill Zone and any Protected
Uses within six hundred (600) feet. The barrier may be
earth by natural grade or berms, or other approved
substantial barrier that will provide similar protection from
projectiles, shock waves, fire spread, and radiant heat
resulting from an explosion or fire at the Drill Zone. Berms
must be designed, constructed and landscaped to comply
with the requirements for berms in the Town Edge Zones as
regulated by the Zoning Ordinance. Man made barriers,
when approved, must be painted or decorative in nature so
as to blend in with the surrounding walls and landscaping
and be approved by the Town Council as a part of the SUP
application.
c. Rural Gas Well Pad Sites may be allowed to delay all or part
of their landscape and screening wall installation as
approved by the Town Council provided a specific time
schedule is provided as a part of the Specific Use Permit
application. This landscape and screening wall installation
can be required immediately by the Town upon the final Site
Planning and /or issuance of a building permit for a
Protected Use located on any tract adjoining the Rural Gas
Well Pad Site falling within the setback requirements for
High Impact or Urban Gas Well Pad Sites.
d. Tree preservation and mitigation shall be required for all Gas
Well Pad Sites as required by the Town of Westlake Code of
Ordinances or the Town of Westlake Planned Development
Supplement, whichever is applicable, in the same manner as
would any other commercial development or construction
project provided the Town Council may impose additional
tree preservation, mitigation, or landscape requirements as
part of the Specific Use Permit approval process.
Draft Jan. 8, 2009
26
Sec. 5638. Gas Well Permit Required.
a) A person wanting to engage in and operate gas production activities
shall apply for and obtain a Gas Well Permit under this Ordinance. A
Gas Well Permit may only be issued for a well to be located within an
approved and completed Gas Well Pad Site. 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, or
assist in any way re-working, fracturing or operation of any such well
or to conduct any activity related to the production of gas without first
obtaining a Gas Well Permit issued by the Town in accordance with this
Ordinance. Such activities include, but are not limited to re-working,
drilling, operation, construction of rigs or tank batteries, fracturing and
pressurizing.
b) Operator must apply for and obtain a Gas Well Permit for the Drilling,
Re-drilling, Re-entering, Fracturing, Re-working,Abandoning, or Re-
Activating of each well on the approved Gas Well Pad Site. Operator.
c) An approved Gas Well Permit shall not constitute authority for the
Drilling, Re-drilling, Re-entering, Fracturing, Re-working, Abandoning,
or Re-Activating of an Abandoned Well as defined by the terms of
abandonment in this ordinance. An Operator shall obtain a new Gas
Well Permit in accordance with the provisions of this Ordinance if the
Operator is re-entering and drilling an abandoned well.
d) When a Gas Well Permit has been issued to the Operator for the
Drilling, Re-drilling, Re-entering, Fracturing, Re-working, Abandoning,
or Re-Activating of a well, such Gas Well Permit shall constitute
sufficient authority for drilling, operation, production gathering or
production maintenance, and repair, of the well.
e) ) Any person who intends to Re-work a permitted Gas Well after initial
completion shall obtain a permit and give written notice to the Gas
Inspector no less than ten (10) days before the Drilling, Re-drilling,
Re-entering, Fracturing, Re-working,Abandoning, or Re-Activating
activities begin. The notice must identify where the activities will be
conducted and must describe the activities in detail, including the
duration of the activities and the time the activities will be conducted.
The notice must also provide the address and 24-hour phone number
Draft Jan. 8, 2009
27
of the person conducting the activities. If required by the Gas
Inspector, the person conducting the Re-working activities will post a
sign on the property giving the public notice of the activities, including
the name, address and 24-hour phone number of the person
conducting the activities. If a Re-working permit is issued, all Re-
working Operations will be conducted within the conditions of the
original Gas Well Permit.
f) A Gas Well Permit shall be valid for the purpose of drilling or re-drilling
for a period of (1) one year from the date of issuance, A new Gas Well
Permit shall be required for Drilling, Re-drilling, Re-entering,
Fracturing, Re-working,Abandoning, or Re-Activating that occurs in any
subsequent year. Well drilling equipment shall not be allow to be
located within a Gas Well Pad Site or Gas Well Production Site without
a valid Gas Well Permit.
g) The Gas Well Permits required by this Ordinance are in addition to and
are not in lieu of the Gas Well Pad Site Permits or of any other permit
which may be required by any other provision of this Code or by any
other governmental agency.
h) No Gas Well Permit shall be issued for any well to be drilled within or
upon any Town owned property without the prior consent of the Town
Council. The Town Council may require additional insurance and
security requirements above and beyond the limits established in this
Ordinance.
i) A floodplain development permit as required by Town ordinances and
approved by the Floodplain Administrator shall be required prior to the
approval of a Gas Well Permit for any drill site within an area of special
flood hazard.
Sec. 5639. Gas WellPermit Application, Requirements and Filing Fees.
a) Every application for a Gas Well Permit issued pursuant to this
Ordinance shall be in writing signed by the Operator, or some person
duly authorized to sign on his behalf, and filed with the Gas Inspector.
b) The application shall include, as a minimum, the following
information:
Draft Jan. 8, 2009
28
1) The date of the application and type of Gas WellGas WellGas
WellGas Well Permit requested.
2) Proposed well name.
3) The approved Gas WellGas WellGas WellGas Well Pad Site Permit
and its approved Specific Use Permit (SUP).
4) Updated surface owner name(s) and address of the pad site
property if this has changed since the approval of the Gas
WellGas WellGas WellGas Well Pad Site Permit.
5) Applicant/Operator name and address and if the Operator is a
corporation, the state of incorporation, and if the Operator is a
partnership, the names and addresses of the general partners.
6) Updated name and address of individual designated to receive
notice if this has changed since the approval of the Gas WellGas
WellGas WellGas Well Pad Site Permit.
7) Updated name of representative with supervisory authority over
all gas operation site activities and a 24-hour phone number if
this has changed since the approval of the Gas WellGas WellGas
WellGas Well Pad Site Permit.
8) Copies of all reports required by the Commission as required by
the Gas Inspector.
9) Evidence of meeting all insurance and security requirements
under this Ordinance.
10) A statement, under oath, signed by the Operator, or
designated representative, that the information submitted with
the application is, to the best knowledge and belief of the
Operator or designated representative, true and correct.
11) The Emergency Response Plan for this Gas WellGas
WellGas WellGas Well Pad Site as required in this Ordinance.
c) All required applications and lGas Well Permit fees as set out in the fee
schedule approved by the Town Council by resolution.
Draft Jan. 8, 2009
29
Sec. 5640. Standards for Gas WellDrilling and Production.
a) On Site Requirements.
1) Abandoned Wells. All wells shall be abandoned in accordance
with the rules of the Commission and pursuant to Section 56-47
of this Ordinance.
b) Blowout Prevention. In all cases, blowout prevention equipment shall
be used on all wells being drilled, worked-over or in which tubing is
being changed. Protection shall be provided to prevent blowout during
gas operations as required by and in conformance with the
requirements of the Commission and the recommendations of the
American Petroleum Institute. The Operator must equip all drilling
wells with adequate blowout preventers, flow lines and valves
commensurate with the working pressures involved as required by the
Commission.
c) Compliance. Operator shall comply at all times with all applicable
federal, state and Town requirements.
d) Discharge. No person shall place, deposit, discharge, or cause or
permit to be placed, deposited or discharged, any oil, naphtha,
petroleum, asphalt, tar, hydrocarbon substances or any refuse
including wastewater or brine from any gas operation or the contents
of any container used in connection with any gas operation in, into, or
upon any public right-of-way, alleys, streets, lots, storm drain, ditch or
sewer, or sanitary drain without permits from the appropriate Town
departments.
e) Drilling Notice. The Operator shall provide 48-hour notice to the Gas
Inspector before the start of Drilling Operations.
f) Drill Stem Testing. All open hole formation or drill stem testing shall be
done during daylight hours. Drill stem tests may be conducted only if
the well effluent during the test is produced through an adequate gas
separator to storage tanks and the effluent remaining in the drill pipe
at the time the tool is closed is flushed to the surface by circulating
drilling fluid down the annulus and up the drill pipe.
g) Dust, Vibration, Odors. All drilling and production operations shall be
conducted in such a manner as to minimize, so far as practicable,
dust, vibration, or noxious odors, and shall be in accordance with the
best accepted practices incident to drilling for the production of gas
and other hydrocarbon substances in urban areas. All equipment used
Draft Jan. 8, 2009
30
shall be so constructed and operated so that, vibrations, dust, odor or
other harmful or annoying substances or effect will be minimized by
the operations carried on at any drilling or production site or from
anything incident thereto. The site or structures thereon shall not be
permitted to become dilapidated, unsightly or unsafe. Proven
technological improvements in industry standards of drilling and
production in this area shall be adopted as they become available if
capable of reducing factors of dust, vibration and odor.
h) Electric Lines. All electric lines to drilling and production facilities shall
be located underground.
i) Hazardous Material and Site Safety Plan. Prior to the commencement
of any gas or other hydrocarbons production activities, Operator shall
submit to the Gas Inspector this plan establishing written procedures
to minimize any hazard resulting from drilling, completion or producing
of Gas Wells. Said plan shall use existing guidelines established by the
Railroad Commission, TCEQ, Department of Transportation and/or the
Environmental Protection Agency and Town Fire Code. A copy of this
plan shall be kept on site.
j)
Equipment Painted. All production equipment on the site shall be
properly painted and maintained at all times, including, but not limited
to, pumping units, storage tanks, buildings and structures.
k) Fire Notice. In the event of a fire or discovery of a fire, smoke, or
unauthorized release of flammable or hazardous materials on any
property, the Operator shall immediately report such condition to the
fire department in accordance with the Town Fire Code. The reporting
limits for hazardous materials release shall conform to the
requirements of the Commission and not exceed any state or federal
permitting limit. A copy of the hazardous materials release records
required by TCEQ shall be forwarded to the Fire Chief on an annual
basis.
l) Fire Prevention; Sources of Ignition. Firefighting apparatus and
supplies as approved by the Fire Department and required by any
applicable federal, state, or local law shall be provided by the Operator,
at the Operator's cost, and shall be maintained on the drilling site at
all times during drilling and production operations. The Operator shall
be responsible for the maintenance and upkeep of such equipment.
Each well shall be equipped with an automated valve that closes the
well in the event of an abnormal change in operating pressure. All well
Draft Jan. 8, 2009
31
heads shall contain an appropriately labeled emergency shut off valve
to the well distribution line.
Firefighter Training and Equipment. Each Operator shall be required,
at the option of the Fire Chief, to provide training and instruction to the
Fire Department regarding well safety and emergency management
protocol. Each permit application for a Gas Well Pad Site permit or
Gas Well Drilling permit shall include a fee to be used to cover the
expenses incurred or anticipated for Firefighter training and equipment
acquisition or replacement. The fees shall be set out in the fee
schedule approved by the Town Council by resolution. All costs
associated to responding to an incident at a Gas Well Site including,
supplies, materials, and or personnel shall be reimbursed by the
Operator to the responding agencies.
m) Fracing Operations. All formation fracture stimulation operations shall
be conducted during daylight hours unless the Operator has notified
and obtained written permission in advance from the Gas Inspector or
the Administrator for operations during nighttime hours. The following
requirements shall apply to all fracture stimulation operations
performed on a Gas WellPad Site:
1) At least forty-eight (48) hours before operations are
commenced, the Operator shall notify the Gas Inspector and
post a sign at the entrance of the well site advising the public of
the date the operations will commence;
2) Flowback Operations to recover fluids used during fracture
stimulation shall be exempt from work hour restrictions;
3) A watchman shall be required at all times during such
operations; and
4) At no time shall the well be allowed to flow or vent directly to the
atmosphere.
n) Fresh Water Wells. All water wells require a permit from the Town
prior to drilling. It shall be unlawful to drill any well, the center of
which, at the surface of the ground, is located within two hundred
(200) feet of any existing fresh water well. The measurement shall be
in a direct line from the closest well bore to the fresh water well bore.
1) The Operator of a Gas Well shall provide the Gas Inspector with
Draft Jan. 8, 2009
32
a pre-drilling and post-drilling water analysis and flow rate from
any existing fresh water well within five hundred (500) feet of
the Gas Well.
2) An Operator may drill a fresh water well, in compliance with
State law and Town of Westlake ordinances.
3) A copy of the Texas Water Development Board permit shall be
provided to the Gas Inspector along with the geographic
coordinates of every water well within five hundred (500) feet of
the well bore.
4) A copy of all plugging and abandonment reports filed with the
state and/or transfer of ownership notice shall be provided to the
Gas Inspector.
5) The Operator of a lGas Well shall provide the Gas Inspector with
a "pre-drilling" and "post-drilling" water analysis from the fresh
water well if the well is transferred to private or public use.
o) Gas Lift Compressor. Any on-site compressor used to lift gas from the
well to the well line collection system shall be designed to comply with
the noise requirements of this Ordinance. Provided, however, off-site
compressor stations are prohibited.
Gas emission or burning restricted. No person shall allow, cause or
permit gases to be vented into the atmosphere or to be burned by
open flame. All wells must be “Green Wells” as defined in this chapter.
p) Gas Processing On-site. No refining process or any process for the
extraction of hydrocarbon products shall be performed at a drill site or
operation site, except that a separator may be maintained for the
separation of liquids from gas and oil. A separator may serve more
than one well, provided that all wells served by a separator are located
on the same Gas Well Pad Site.
q) Grass, Weeds, Trash. All drill and operation sites shall be kept clear at
all times of high grass, weeds, and combustible trash.
r) Lights. No person shall permit any lights located on any drill or
operation site to be directed in such a manner so that they shine
directly on public roads, adjacent property or property in the general
vicinity of the operation site. Unless approved otherwise in the SUP,
site lighting shall be shielded and directed downward and internally so
Draft Jan. 8, 2009
33
as to avoid glare on Streets and adjacent dwellings and buildings
within three hundred (300) feet. Lighting for all drilling and production
operations shall comply with the lighting plan for the Gas Well Pad
Site, which as a minimum, shall comply with the standards as set out
in the Code of Ordinances of the Town of Westlake ordinances.
s) Muffling Exhaust. Exhaust from any internal combustion engine or
compressor, stationary or mounted on wheels, used in connection with
the drilling of any well or for use on any production equipment shall
not be discharged into the open air unless it is equipped with an
exhaust muffler, or mufflers or an exhaust muffler box constructed of
noncombustible materials sufficient to suppress noise and disruptive
vibrations and prevent the escape of obnoxious gases, fumes or
ignited carbon or soot.
t) Water Pits. No fresh water pit may be placed in any Town recognized
drainage way, FEMA floodplain or floodway. Construction of the fresh
water pit must comply with all Town, state and federal regulations.
Fresh water fracing pits, not transferred to the surface owner, shall be
closed and the site restored within one hundred twenty (120) days
after completion of Drilling Operations have ceased unless extended by
the Gas Inspector or unless required as stipulated in the Operator’s
approved Site Plan for the Gas Well Pad Site as a permanent landscape
feature.
u) Private Roads and Drill Sites. Prior to the commencement of any
Drilling Operations, all private roads used for access to the drill site
and the operation site itself shall be at least twenty-four (24) feet
wide, drain appropriately, have an overhead clearance of fourteen (14)
feet and shall have an all-weather surface as approved by the Town as
set out in the approved SUP and the approved Gas Well Pad Site
Permit. The Operator shall install truck shakers along the private
access road to remove mud from vehicles prior to entering the paved
section of the access road. Watering, wetting or other methods or
materials must be used to control the dust on all roads adjacent to
residential property, schools, parks or public property as required by
the Town.
v) Salt Water Disposal Wells. Commercial Saltwater Disposal Wells are
prohibited. Non-commercial Salt Water Disposal Wells that are
ancilliary to a specific Gas Well must be shown on the Site Plan when
applying for a Specific Use Permit.
w) Signs.
Draft Jan. 8, 2009
34
1) A sign shall be immediately and prominently displayed at the
gate on the temporary site fencing and the permanent perimeter
wall as applicable. Such sign shall be durable material,
maintained in good condition and, unless otherwise required by
the Commission, shall have a surface area of not less than two
(2) square feet nor more than four (4) square feet and shall be
lettered with the following:
a. Well name and number;
b. Address as provided by the Town of Westlake.
c. Name of Operator;
d. The emergency 911 number; and
e. Telephone numbers of two (2) persons responsible
for the well, who may be contacted in case of
emergency.
2) Permanent weatherproof signs reading "DANGER NO SMOKING
OF OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO NO FUMAR
INCIAR LLAMA EN ESTA AREA”, shall be posted immediately upon
completion of the well site fencing at the entrance of each well
site and tank battery or in any other location approved or
designated by the Gas Inspector. Sign lettering shall be four (4)
inches in height and shall be red on a white background or white
on a red background. Each sign shall include the emergency
notification numbers of the Fire Department and the Operator
and the well lease designations required by the Commission.
3) National Fire Prevention Association (NFPA) 704 diamond hazard
identification signs are required on each tank and at the
entrance to the site adjacent to the Operator's sign. A label must
be located on each tank indicating exact chemicals that may be
contained in the tank. Text shall be minimum six (6) inches in
height, contrasting with the background color.
x) Storage of Equipment. On-site storage is prohibited on the operation
site. No equipment shall be stored on the drilling or production
operation site, unless it is necessary to the everyday operation of the
well. Lumber, pipes, tubing and casing shall not be left on the
Draft Jan. 8, 2009
35
operation site except when drilling or well servicing operations are
being conducted on the site. No vehicle or item of machinery shall be
parked or stored on any street, right-of-way or in any driveway, alley
or upon any operation site which constitutes a fire hazard or an
obstruction to or interference with fighting or controlling fires except
that equipment which is necessary for drilling or production operations
on the site. The Fire Department shall be the entity that determines
whether any equipment on the site shall constitute a fire hazard.
y) Storage Tanks. All tanks and permanent structures shall conform to
the American Petroleum Institute (A.P.I.) specifications unless other
specifications are approved by the Fire Chief. The top of the tanks shall
be no higher than eight (8) feet above the terrain surrounding the
tanks, but in no case shall tanks extend beyond or be visible above the
screening wall. All storage tanks shall be equipped with a secondary
containment system including lining with an impervious material. The
secondary containment system shall be of sufficient height to contain
one and one-half (1 ½) times the contents of the largest tank in
accordance with the Fire Code, and buried at least one (1) foot. Drip
pots shall be provided at the pump out connection to contain the
liquids from the storage tanks.
4) Temporary flowback tanks shall be removed within ninety (90)
days after completion of the Gas Wells at the Gas Well Pad Site
unless written permission is obtained from the Gas Inspector to
extend the time period for no more than thirty (30) days.
5) All tanks shall be set back pursuant to the standards of the
Commission and the National Fire Protection Association, but in
all cases, shall be at least twenty-five (50) feet from any public
street, road, highway or future street, or right-of-way and fifty
(100) feet from a structure. Each storage tank shall be equipped
with a level control device that will automatically activate a valve
to close the well in the event of excess liquid accumulation in the
tank. All safety valves shall be tested annually.
6) A floodplain development permit approved by the Floodplain
Administrator shall be required to place storage tanks or
separation facilities within an area of special flood hazard.
7) Tanks and Tank Battery Facilities shall be equipped with a
lightning arrestor system.
8) Surface Casing. Surface casing shall be run and set in full
Draft Jan. 8, 2009
36
compliance with the applicable rules and regulations of the
commission.
9) Valves. Each well must have a shutoff valve to terminate the
well's production. The Fire Department shall have 24 hour access
to the well site and the shut-off valve in an emergency.
10) Waste Disposal. Unless otherwise directed by the
Commission, all tanks used for storage shall conform to the
following:
a. Operator must use portable closed steel storage
tanks for storing liquid hydrocarbons. Tanks must meet the
current American Petroleum Institute standards. All tanks
must have a vent line, flame arrester and pressure relief
valve. All tanks must be enclosed by a fence applicable to
the issued permit classification. No tank battery shall be
located within three hundred (300) feet of any Protected
Use.
b. A Closed Loop Mud System shall be used instead of
lined reserve pits. No drilling fluid mud, storage or reserve
pits shall be located within the Town, except steel
containers used in a closed loop mud system. All disposals
must be in accordance with the rules of the Commission
and any other appropriate local, state or federal agency.
c. Unless otherwise directed by the Commission, waste
materials shall be removed from the site and transported
to an off-site disposal facility not less often than every
thirty (30) days. Water stored in on-site tanks shall be
removed as necessary.
d. All waste shall be disposed of in such a manner as
to comply with the air and water pollution control
regulations of the State, this Ordinance and any other
applicable ordinance of the Town.
bb) Watchman. The Operator must keep a watchman or security
personnel on site during the drilling or re-working of a well when other
workmen are not on the premises. A record shall be kept of all
personnel entering and leaving the site and said record shall be
available to the Town upon request.
Draft Jan. 8, 2009
37
cc) Wellhead Status after Fracing. All wellheads waiting on completion,
for a period greater than 10 days, shall be:
1) Completed through the production casing flange with a metal
plate or blind flange bolted across the head;
2) Surrounded with a six (6) feet tall chain link fence having a gate
and lock;
3) The cellar shall be filled or closed; and
4) The Bradenhead shall be piped to the surface and open to the
atmosphere or have an observable and adequate pressure gauge
with operable test valve.
dd) Work Hours for Site Development. No construction activities
involving excavation of; demolition of; alteration to, or repair work on
any access road or pad site, shall occur during nighttime hours or at
any time on Sunday.
ee) Noise.
1) No well shall be drilled, re-drilled or any equipment operated at
any location within the Town in such a manner so as to create
any noise which causes the exterior noise level when measured
at the nearest Protected Use receiver's/receptor's property line
or one hundred (100) feet from the nearest Protected Use
structure (as measured to the closest exterior point of the
building), whichever is closer to the receiver/receptor, that
exceeds the Ambient Noise Level by more than five (5) decibels
during Daytime hours and more than three (3) decibels during
Nighttime hours. Fracing operations may not exceed the Ambient
Noise Level by more than ten (10) decibels. Backflow operations
may not exceed the Ambient Noise Level by more than five (5)
decibels during nighttime hours.
2) The Operator shall be responsible for establishing and reporting
to the Town the pre-drilling Ambient Noise Level prior to the
issuance of a Gas Well Permit. Once the drilling is complete, the
Operator shall be required to establish a new Ambient Noise
Level prior to the installation of any new noise generation
equipment.
Draft Jan. 8, 2009
38
3) Daytime hours adjustments to the noise standards as set forth
above in subsection (1) of this section may be permitted, if
requested in writing and approved by the Gas Inspector, in
accordance with the following:
Permitted Increase Duration of increase
(dBA) (minutes)*
5 15
10 5
15 1
20 less than 1
*Cumulative minutes during any one hour.
4) All Workover Operations shall be restricted to Daytime Hours.
"Workover Operations" shall mean work performed on a well
after its completion in an effort to secure production where there
has been none, restore production that has ceased, or increase
production.
5) The exterior noise level generated by the drilling, re-drilling or
other operations of all Gas Wells located within six hundred
(600) feet of a Protected Use shall be continuously monitored, to
ensure compliance. The cost of such monitoring shall be borne
by the Operator.
6) Acoustical blankets, sound walls, mufflers or other alternative
methods as approved by the Gas Inspector may be used to
ensure compliance. All soundproofing shall comply with accepted
industry standards and shall be subject to approval by the Town.
7) The sound level meter used in conducting noise evaluations shall
meet the American National Standard Institute's Standard for
sound meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
8) During nighttime operations for High Impact and Urban Gas
WellPad Sites, the operation of vehicle audible back-up alarms
shall be prohibited or replaced with approved non-auditory
signaling systems, such as spotters or flagmen. Deliveries of
pipe, casing and heavy loads shall be limited to daytime hours,
except for emergency situations. The Derrick Man and Driller
shall communicate by walkie-talkie or other non disruptive
means only when the Derrick Man is in the derrick. Horns may
not be used to signal for connection or to summon crew (except
Draft Jan. 8, 2009
39
that a horn may be used for emergency purposes only). The
Operator shall conduct onsite meetings to inform all personnel of
nighttime operations noise control requirements.
ff) Well Setbacks.
1. It shall be unlawful to drill any well, the center of which, at the
surface of the ground, is located:
a. Outside the boundaries of the Drill Zone as shown on the
approved SUP Site Plan for an approved Gas Well Pad Site.
b. Within twenty-five (25) feet of any storage tank, or source of
ignition;
c. Within one hundred (l00) feet of any building accessory to,
but not necessary to the operation of the well; or
d. Within two hundred (200) feet of any fresh water well not
drilled by the Operator as a specific source of water used for
drilling or completion operations without the express written
permission of the owner of the water well. The measurement
shall be in a direct line from the closest well bore to the fresh
water well bore. The distance requirement for fresh water
wells is subject to the Commission regulations and any other
State or Federal requirements. The distance shall be
calculated from the well bore, in a straight line, without
regard to intervening structures or objects, to the closest
exterior point of any object listed in 1) through 6) above.
e. Tank batteries, tanks, well facilities be fully screened and
located within the perimeter walls of a Gas Well Pad Site or
Gas Well Production Site and at least three hundred (300)
feet from any Public Park or from any residence, religious
institution, public building, hospital building or school for
which a building permit has been issued on the date of the
application for a drilling permit is filed. The distance shall be
calculated from the closest tank batteries, well facilities
and/or equipment, in a straight line, without regard to
intervening structures or objects, to the closest exterior point
of the building.
f. Well Completion and Inspection Permit/Tank and Tank Battery
Permit. No well placed into production without an inspection
by the Gas Inspector to certify compliance with all SUP, Gas
Draft Jan. 8, 2009
40
Well Pad Site Permit, and Gas Well Permit conditions. Fees for
these permits, as well as their annual renewal, shall be paid
as set by the Town Council by resolution.
gg) Installation of Pipelines on, under or across Public Property. The
Operator shall apply to the Town for a license to place a pipeline on,
over, under, along or across the Town streets, sidewalks, easements,
rights-of-way, alleys and other Town property for the purpose of
constructing, laying, maintaining, operating, repairing, replacing and
removing pipelines. Operator shall:
1) Not interfere with or damage existing water, sewer or gas lines
or the facilities of public utilities located on, under or across the
course of such rights-of-way.
2) Furnish to the Gas Inspector a plat showing the location of such
pipelines.
3) Construct such lines or cause same to be constructed out of new
pipe.
4) Grade, level and restore such property to the same surface
condition, as nearly as practicable, as existed when operations for
the drilling of the well were first commenced. No Gas Well Permit
shall be issued for any well to be drilled within any of the streets or
alleys of the Town and/or projected streets and no street or alley
shall be blocked or encumbered or closed due to any exploration,
drilling or production operations unless prior consent is obtained
from the Gas Inspector and Fire Department. Any consent shall be
temporary in nature and state the number of hours and/or days
that any street or alley may be blocked, encumbered or closed.
Sec. 5641. Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described
below for each well for which a Gas Well Permit is issued, such insurance to
continue until the well is abandoned and the site restored. The Operator may
provide the required coverage on a "blanket basis for multiple wells". The
Town Manager shall approve such coverage.
a) General requirements; indemnification and express negligence
provisions.
Draft Jan. 8, 2009
41
1) Each Gas Well Permit issued by the Town shall include the following
language: Operator does hereby expressly release and discharge,
all claims, demands, actions, judgments, and executions which it
ever had, or now have or may have, or assigns may have, or claim
to have, against the Town of Westlake, and/or its departments, it
agents, officers, attorneys, servants, successors, assigns, sponsors,
volunteers, or employees, created by, or arising out of personal
injuries, known or unknown, and injuries to property, real or
personal, or in any way incidental to or in connection with the
performance of the work performed by the Operator under a Gas
Well Permit. The Operator shall fully defend, protect, indemnify, and
hold harmless the town, its elected and appointed officials, and/or
its departments, agents, officers, servants, attorneys, employees,
successors, assigns, sponsors, or volunteers from and against each
and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties,
costs, fees, and expenses incurred in defense of the town, its
elected and appointed officials, and/or its departments, agents,
officers, servants, or employees, including, without limitation,
personal injuries and death in connection therewith which may be
made or asserted by Operator, its agents, assigns, or any third
parties on account of, arising out of, or in any way incidental to or
in connection with the performance of the work performed by the
Operator under a Gas Well Permit and, the Operator agrees to
indemnify and hold harmless the town and/or its departments,
and/or its officers, agents, servants, attorneys, employees,
successors, assigns, sponsors, or volunteers from any liabilities or
damages suffered as a result of claims, demands, costs, or
judgments against the Town, its elected and appointed officials,
and/or, its departments, its officers, agents, servants, or
employees, created by, or arising out of the acts or omissions of the
Town of Westlake occurring on the drill site or operation site in the
course and scope of inspecting and permitting the Gas Wells
INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF
THE TOWN OF WESTLAKE OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND
PROTECT THE TOWN OF WESTLAKE, TEXAS, ITS ELECTED AND
APOINTED OFFICIALS, AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, ATTORNEYS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF
Draft Jan. 8, 2009
42
WESTLAKE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, ATTORNEYS, OR EMPLOYEES, WHETHER
THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE
SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF
ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO
THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS
ACT.
a. All insurance policies shall be endorsed to read "this
policy will not be canceled or non-renewed without a
minimum 30 days' advanced written notice to the
Owner and the Town of Westlake except when this
policy is being canceled for nonpayment of premium, in
which case ten days' advance written notice is
required.”
b. Liability policies shall be written by carriers licensed to
do business in the State of Texas and with companies
with A:VIII or better rating in accordance with the
current Best Key Rating Guide..
c. Liability policies shall name as "additional insured" the
Town of Westlake and its officials, agents and
employees. Waivers of subrogation shall be provided in
favor of all Indemnified Parties
d. Certificates of insurance must be presented to the Town
evidencing all coverages and endorsements required by
this article and the acceptance of a certificate without
the required limits and/or coverages shall not be
deemed a waiver of these requirements. Fees required
for insurance policy review, as may be established by
the Town Council by resolution, shall be paid at the time
of presentation of the initial insurance coverage
certificates as well as annually at the time of certificate
presentation proving insurance policy renewal in
accordance with the policy limits set by this Ordinance.
e. Claims made policies will not be accepted except for
excess policies or unless otherwise provided by this
article.
b) Required insurance coverages.
Draft Jan. 8, 2009
43
1) Commercial general liability insurance.
a. Coverage should be a minimum combined single limit of
$10,000,000.00 per occurrence for bodily injury and
property damage. This coverage must include premises,
operations, blowout or explosion products, completed
operations, blanket contractual liability, underground
property damage, broad form property damage,
independent contractor's protective liability and
personal injury.
b. Environmental impairment (or seepage and pollution)
shall be either included in the coverage or written as
separate coverage. Such coverage shall not exclude
damage to the lease site. If environmental impairment
(or seepage and pollution) Coverage is written on a
"claims made" basis, the policy must provide that any
retroactive date applicable precedes the effective date
of the issuance of the permit. Coverage shall apply to
sudden and non-sudden pollution conditions resulting
from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste
material or other irritants, contaminants or pollutants.
Coverage shall be a minimum combined single limit of
$1,000,000.00 per occurrence.
2) Automobile liability insurance. Minimum combined single limit
of $500,000.00 per occurrence for bodily injury and property
damage. Such coverage shall include owned, non-owned, and
hired vehicles.
3) Worker's compensation insurance. In addition to the minimum
statutory requirements, coverage shall include employer's
liability limits of at least $100,000.00 for each accident,
$100,000.00 for each employee, and a $500,000.00 policy limit
for occupational disease, and the insurer agrees to waive rights
of subrogation against the Town, its officials, agents, and
employees for any work performed for the Town by the
Operator.
4) Excess (or umbrella) liability insurance. Minimum limit of
$20,000,000.00 covering in excess of the preceding insurance
policies.
Draft Jan. 8, 2009
44
5) Control of well insurance.
a. Minimum limit of $5,000,000.00 per occurrence.
b. Policy shall cover the cost of controlling a well that is
out of control, redrilling or restoration expenses, and
seepage and pollution damage. Damage to property in
the Operator's care, custody, and control with a sub-
limit of $500,000.00 may be added.
Sec. 5642. Bond, Irrevocable Letter of Credit.
Prior to the issuance of a Gas Well Permit the Operator shall provide the
Gas Inspector with a security instrument in the form of a bond or an
irrevocable letter of credit as follows:
1) Bond. A bond shall be executed by a reliable bonding or
insurance institution authorized to do business in Texas,
acceptable to the Town. The bond shall become effective on or
before the date the Gas Well Permit is issued and shall remain in
force and effect for at least a period of six (6) months after the
expiration of the Gas Well Permit term or until the well is
plugged and abandoned and the site is restored, whichever
occurs first. The Operator shall be listed as principal and the
instrument shall run to the Town, as obligee, and shall be
conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the Town. The original bond
shall be submitted to the Gas Inspector with a copy of the same
provided to the Town Secretary.
2) Letter of Credit. A letter of credit shall be issued by a reliable
bank authorized to do business in Texas and shall become
effective on or before the date the Gas Well Permit is issued. The
letter of credit shall remain in force and effect for at least a
period of six (6) months after the expiration of the Gas Well
Permit term. If the Letter of Credit is for a time period less than
the life of the well as required by this Ordinance, the Operator
must agree to either renew the Letter of Credit or replace the
Letter of Credit with a bond in the amount required by this
Ordinance, on or before 45 days prior to the expiration date of
the Letter of Credit. If the Operator fails to deliver to the Town
either the renewal Letter of Credit or replacement bond in the
appropriate amount on or before 45 days prior to the expiration
Draft Jan. 8, 2009
45
date of the Letter of Credit, the Town may draw the entire face
amount of the attached Letter of Credit to be held by the Town
as security for Operator's performance of its obligations under
this Ordinance. The Town shall be authorized to draw upon such
letter of credit to recover any fines or penalties assessed under
this ordinance. Evidence of the execution of a letter of credit
shall be submitted to the Gas Inspector by submitting an original
signed letter of credit from the banking institution, with a copy of
the same provided to the Town Secretary.
3) The principal amount of any security instrument shall be Fifty
Thousand Dollars ($50,000) for any single well. If, after
completion of a well, the Applicant/Operator, who initially posted
a fifty thousand dollar ($50,000) bond, has complied with all of
the provisions of this Ordinance and whose well is in the
producing stage and all Drilling Operations have ceased, may
submit a written request to the Gas Inspector for approval to
reduce the existing bond to fifteen thousand dollars ($15,000)
for the remainder of the time the well produces without
reworking. During reworking operations, the amount of the bond
or letter of credit shall be maintained at fifty thousand dollars
($50,000). An Operator drilling or reworking between one and
five wells at any given time, may elect to provide a blanket bond
or letter of credit, in the principal minimum amount of One
Hundred Fifty Thousand Dollars ($150,000). If the Operator drills
or reworks more than five wells at a time, the blanket bond or
letter of credit shall be increased in increments of $50,000 per
each additional well. Once the wells are in the producing stage
and all Drilling Operations have ceased, the Operator may elect
to submit a written request to the Gas Inspector for approval to
reduce the existing bond and provide a blanket bond or letter of
credit for the remainder of the time the well produces, without
reworking, as follows:
Blanket Bond/Letter of Credit
Number of Producing Wells Amount Required
Up to 75 wells $1,000,000
75 to 150 wells $2,000,000
More than 150 wells $5,000,000
If at any time after no less than a fifteen (15) day written notice
to the Operator and a public hearing, the Town Council shall
deem any Operator's bond or letter of credit to be insufficient, it
may require the Operator to increase the amount of the bond or
Draft Jan. 8, 2009
46
letter of credit up to a maximum of two hundred and fifty
thousand dollars ($250,000) per well.
4) Whenever the Gas Inspector finds that a default has occurred in
the performance of any requirement or condition imposed by this
Ordinance, a written notice shall be given to the Operator. Such
notice shall specify the work to be done, the estimated cost and
the period of time deemed by the Gas Inspector to be reasonably
necessary for the completion of such work. After receipt of such
notice, the Operator shall, within the time therein specified, either
cause or require the work to be performed, or failing to do so,
shall pay over to the Town one hundred twenty-five (125) percent
of the estimated cost of doing the work as set forth in the notice.
In no event, however, shall the cure period be less than thirty (30)
days unless the failure presents a risk of imminent destruction of
property or injury to persons or unless the failure involves the
Operator's failure to provide periodic reports as required by this
Ordinance. The Town shall be authorized to immediately draw
against any irrevocable letter of credit or bond to recover such
amount due from the Operator. Upon receipt of such monies, the
Town shall proceed by such mode as deemed convenient by the
Town to cause the required work to be performed and completed,
but no liability shall be incurred other than for the expenditure of
said sum in hand. In the event that the well has not been properly
abandoned under the regulations of the Commission, such
additional money may be demanded from the Operator as is
necessary to properly plug and abandon the well and restore the
drill site in conformity with the regulations of this Ordinance.
5) In the event the Operator does not cause the work to be
performed and fails or refuses to pay over to the Town the
estimated cost of the work to be done as set forth in the notice, or
the issuer of the security instrument refuses to honor any draft by
the Town against the applicable irrevocable letter of credit or bond
the Town may proceed to obtain compliance and abate the default
by way of civil action against the Operator, or by criminal action
against the Operator, or by both such methods.
6) When the well or wells covered by said irrevocable letters of credit
or bond have been properly abandoned in conformity with all
regulations of this Ordinance, and in conformity with all
regulations of the Commission and written notice to that effect
has been received by the Town, or upon receipt of a satisfactory
Draft Jan. 8, 2009
47
substitute, the irrevocable letter of credit or bond issued in
compliance with these regulations shall be terminated and
canceled.
Sec. 5643. Gas Inspector.
a) The Administrator shall designate the Inspector(s) who shall enforce
the provisions of this Article. 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 lawful order or directive shall
constitute a violation of this Article.
b) The Gas 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 lawful access to the Inspector or Fire Marshal shall
constitute a violation of this Article.
c) The Gas Inspector shall conduct inspections of all permitted wells in
the Town to determine compliance with this Article and all regulations
of the Commission. The Gas Inspector shall conduct periodic
inspections at least once a year of all permitted wells in the Town to
determine that the wells are operating in accordance within proper
safety parameters as set out in this Ordinance and all regulations of
the Commission.
d) The Gas Inspector shall have the authority to request and receive any
records, including any records sent to the Commission, logs, and
reports relating to the status or condition of any permitted well related
to the health, safety and operations of the well. Failure of any person
to provide any such requested material shall be a violation of this
Ordinance.
Sec. 5644. Operator’s Agent.
Every Operator of any well shall designate an agent, who is a resident of the
State of Texas, upon whom all orders and notices provided in this Article
may be served in person or by registered or certified mail. Every Operator so
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48
designating such agent shall within ten (10) business days notify the Town
Secretary in writing of any change in such agent or such mailing address
unless operations within the Town are discontinued.
Sec. 5645. Periodic Reports.
a) The Operator shall notify the Town of any change to the following
information within one (1) business day after the change occurs.
1) The name, address, or phone number of the Operator; or
2) The name, address, or twenty-four (24) hour phone number of
the person(s) with supervisory authority over drilling,
production, or operations activities.
b) The Operator shall notify the Town of any change to the following
information within ten (10) business day after the change occurs.
1) The name, address, or phone number of the person designated
to receive notices from the Town, which person must be a
resident of Texas that can be served in person or by registered
or certified mail; or
2) The Operator’s Emergency Action Response Plan including
“drive-to maps” from public rights-of-way to each area covered
by the applicable Gas Well Permit and associated Site Plan.
c) The Operator shall provide a copy of any “incident reports” or written
complaints submitted to the Commission or any other state or federal
agency within fifteen (15) days after the Operator has notice of the
existence of such reports or complaints.
d) Beginning on December 31st after each well is completed, and
continuing on each December 31st thereafter until the Operator
notifies the Town that the well has been abandoned and the site
restored, the Operator shall prepare a written report to the Town
identifying any changes to the information that was included in the
application for the applicable well permit that have not been previously
reported to the Town.
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49
Sec. 5646. Transfer of Gas Well Permits.
a) A Gas Well Permit may be transferred upon written request by the
Operator with the consent of the Town:
1) If the transferee agrees to be bound by the terms and conditions
of the current Gas Well Permit and the Road Repair Agreement;
2) If all information previously provided to the Town 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, and all permits, licenses, and fees due at the time of
transference, including a well transference review fee as
established by the Town Council by resolution. The insurance and
security provided by the transferor shall be released if a copy of
the written transfer is provided to the Town. The transfer shall
not relieve the transferor from any liability to the Town arising
out of any activities conducted prior to the transfer.
Sec. 5647. Cleanup and Maintenance.
a) Cleanup after well servicing. After the well has been completed or
plugged and abandoned, the Operator shall clean the drill site or
operation site, complete restoration activities and repair all damage to
public property caused by such operations within sixty (60) days.
b) Clean-up after spills, leaks and malfunctions. After any spill, leak or
malfunction, the Operator shall remove or cause to be removed to the
satisfaction of the Town Fire Chief and the Gas Inspector all waste
materials from any public or private property affected by such spill,
leak or malfunction. Clean-up operations must begin immediately. If
the owner fails to begin site clean-up immediately the Gas Inspector or
Fire Chief may then employ any cleanup expert or experts or other
contractors or suppliers of special services, or may incur any other
expenses for labor and material which the Gas Inspector deems
necessary to clean-up such spill, leak or malfunction.
c) Free from debris. The public street entrance and property on which a
well site is located shall at all times be kept free of mud, debris, pools
of water or other liquids, contaminated soil, weeds, brush, trash or
Draft Jan. 8, 2009
50
other waste material within a radius of one hundred (100) feet around
any separators, tanks and producing wells.
d) Painting. All production equipment shall be painted and maintained at
all times, including wellheads, pumping units, tanks, secondary
containment and buildings or structures. When requiring painting of
such facilities, the Gas Inspector shall consider the deterioration of the
quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shalt be of a
neutral color, compatible with surrounding uses. Neutral colors shall
include sand and unobtrusive shades of black or dark green.
e) Blowouts. In the event of the loss of control of any well, Operator shall
immediately take all reasonable steps to regain control regardless of
any other provision of this Ordinance and shall notify the Gas
Inspector as soon as practicable. The Gas Inspector shall certify in
writing, briefly describing the same, to the Town Manager. If the Gas
Inspector, in his opinion, believes that danger to persons and property
exists because of such loss of well control and that the Operator is not
taking or is unable to take all reasonable and necessary steps to regain
control of such well, the Gas Inspector may then employ any well
control expert or experts or other contractors or suppliers of special
services, or may incur any other expenses for labor and material which
the Gas Inspector deems necessary to regain control of such well. The
Town shall then have a valid lien against the interest in the well of all
working interest owners to secure payment of any expenditure made
by the Town pursuant to such action of the Gas Inspector in gaining
control of said well.
Sec. 5648. Plugged and Abandoned Wells.
a) Surface requirements for plugged and abandoned wells. Whenever
abandonment occurs pursuant to the requirements of the Commission,
the Operator so abandoning shall be responsible for the restoration of
the well site to its original condition as nearly as practicable, in
conformity with the regulations of this Ordinance.
b) Abandonment shall be approved by the Gas Inspector after payment of
an abandonment inspection fee and restoration of the drill site has
been accomplished in conformity with the following requirements at
the discretion of the Gas Inspector
Draft Jan. 8, 2009
51
1) The derrick and all appurtenant equipment thereto shall be
removed from Drill Site;
2) All tanks, towers, and other surface installations shall be
removed from the Drill Site;
3) All concrete foundations, piping, wood, guy anchors and other
foreign materials regardless of depth, except surface casing,
shall be removed from the Drill Site, unless otherwise directed
by the Commission;
4) All holes and depressions shall be filled with clean, compactable
soil;
5) All waste, refuse or waste material shall be removed from the
Drill Site; and
6) During abandonment, Operator shall comply with all applicable
sections in this Ordinance.
c) Abandoned well requirement. The Operator shall furnish the following
to the Gas Inspector:
1) A copy of the W-3A 'Notice of intention to Plug & Abandon' and
'W-3 Plugging Record' forms on the same date these forms are
submitted to the Commission; and
2) Prior 48-hour notice of intention to abandon under the provisions
of this section and stating the date such work will be
commenced. Abandonment may then be commenced on or
subsequent to the date so stated;
3) All wells shall be abandoned in accordance with the rules of the
Commission; however, all well casings and cellars shall be cut
and removed to a depth of at least three (3) feet below the
surface. A permanent abandonment marker pipe, with the well
identity and location permanently inscribed, shall be welded to
the casing and shall be at least four (4) inches in diameter with a
length of four (4) feet visible above the ground level.
4) Abandonment requirements prior to new construction. All
abandoned or deserted wells or Drill Sites shall meet the most
current abandonment requirements of the Commission prior to
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52
the issuance of any building permit for development of the
property. No structure shall be built over an abandoned well.
Sec. 5649. Technical Advisor.
The Town may from time to time employ a Technical Advisor or
advisors who are experienced and educated in the gas industry or the
law as it pertains to gas matters. The function of such advisor(s) shall
be to advise, counselor represent the Town on such matters relating to
gas operations within the Town as the Town may want or require and
the effect thereof, both present and future, on the health, welfare,
comfort and safety of the citizens of the Town. In the event such
Technical Advisor(s) is employed for the purpose of advising,
counseling or representing the Town relative to an Operator's unique
and particular set of circumstances, case or request relating to this
Ordinance, then the cost for such services plus an administrative
processing fee for such Technical Advisor(s) shall be assessed and paid
for by such Operator in addition to any other fees or charges assessed
pursuant to this Ordinance. Prior to the employment of a Technical
Advisor, the Town shall inform the Operator of the intended scope of
work and the estimated costs and expenses. The employment of a
Technical Advisor shall be approved by the Town Manager.
Sec. 5650. Remedies of the Town.
a) If an Operator (or its officers, employees, agents, contractors,
subcontractors or representatives) fails to comply with any
requirement of a Gas Well Permit (including any requirement
incorporated by reference as part of the permit), the Gas inspector
shall give written notice to the Operator specifying the nature of the
alleged failure and giving the Operator a reasonable time to cure,
taking into consideration the nature and extent of the alleged failure,
the extent of the efforts required to cure, and the potential impact on
the health, safety, and welfare of the community. In no event,
however, shall the cure period be less than 30 days unless the alleged
failure presents a risk of imminent destruction of property or injury to
persons or unless the alleged failure involves the Operator’s failure to
provide periodic reports. The Gas Inspector may issue a Stop Work
Order under the Fire Code.
Draft Jan. 8, 2009
53
b) If the Operator does not cure the alleged failure within the time
specified by the Gas Inspector, the Gas Inspector may notify the
Commission and request that the Commission take appropriate action
(with a copy of such notice provided to the Operator), and the Town
may pursue any other remedy available.
c) If the Operator does not cure the alleged failure within the time
specified by the Gas inspector, the Gas Inspector may upon
recommendation of the Town Manager:
1) Recommend to the Town Council that the lGas Well Permit be
suspended until the alleged failure is cured; or
2) If the Operator fails to initiate and diligently pursue a cure
recommend to the Town Council that the Gas Well Permit be
revoked.
d) The decision of the Gas Inspector to recommend suspension or
revocation of a Gas Well Permit shall be provided to the Operator in
writing at least ten (10) days before any action by the Board unless
the alleged failure presents a risk of imminent destruction of property
or injury to persons.
e) If a Gas Well Permit is revoked, the Operator may submit an
application for a new Gas Well Permit for the same well.
Sec. 5651. Amended Well Permits.
a) Amendments to Gas Well Permits may be approved by the Gas
Inspector provided the well will be in strict conformance with the Gas
Well Pad Site permit as approved and all applicable fees established by
the Town Council by resolution have been paid.
Sec. 5652. Reworking of Well; Notice.
a) Any person who intends to re-work a well using a drilling rig or to
fracture stimulate a well after initial completion shall give written
notice to the Town at least twenty (20) days before the activities
begin. The notice shall identify where the activities will be conducted
and shall describe the activities in reasonable detail, including but not
Draft Jan. 8, 2009
54
limited to the duration of the activities and the time of day they will be
conducted. The notice must also provide the address and twenty-four
(24) hour phone number of the person conducting the activities. The
person conducting the activities shall post a sign, in English and
Spanish, on the property giving the public notice of the activities,
including the name, address, and twenty-four (24) hour phone number
of the person conducting the activities. No well shall be re-worked
without the approval of the Inspector. If the Gas Inspector determines
that an inspection is required, the actual cost of the inspection shall be
assessed against the respective Operator. All well Re-working shall
require a well Re-working permit, the fee for which shall be established
by the Town Council.
Sec. 5653. Commission Permits; TCEQ .
a) Any person who proposes the drilling and production of gas on a tract
of land located within the corporate limits of the Town shall provide
copies of all permits filed with the Commission at the time of the
application for the Gas Well Permit. At a minimum, a copy of the W-1
and the W-1H, if applicable, filed with the Commission shall be
submitted.
b) Prior to approval of the Gas Well Permit, the Operator must submit the
following:
1) Commission W-1 (Permit). A copy of the approved W-1 issued by
the Commission.
2) Commission P-12 (Pooling Information). A copy of the P-12 filed
by the Operator, if any part of the Gas Development Site will
contain pooled or unitized leases, reflecting the unit participants
and property boundaries.
3) A copy of the determination by the TCEQ of the depth of usable
quality ground water.
ARTICLE III. OIL AND GAS PIPELINE STANDARDS
Sec. 5654. Purpose.
a) It is hereby declared to be the purpose of this Article to establish
reasonable and uniform limitations, safeguards, and regulations for
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55
present and future operations related to transporting oil and gas and
other substances produced in association with oil and gas, within the
corporate limits of the Town to protect the health, safety and general
welfare of the public; minimize the potential impact to property and
persons; protect the quality of the environment; and encourage the
safe and orderly transport of oil and gas resources.
Sec. 5655. Definitions.
a) The words and phrases used in this Article are specifically defined in
SECTION56-32 of this Article II. All technical industry words or phrases
related to the transportation of oil, gas, hydrocarbons, and other
substances produced in association with oil, gas and other
hydrocarbons not specifically defined shall have meanings customarily
attributable thereto by prudent Operators in the oil and gas industry.
Sec. 5656. General Requirements and Minimum Design Standards.
(a) A pipeline permit is required as follows:
1)
It shall be unlawful for any person, acting either for himself or
as an agent, employee, independent contractor or servant of
any other person, to commence to construct, install, operate or
reconstruct a pipeline or any section of a pipeline or to operate
any pipeline or to assist in the construction, installation,
operation or reconstruction of a pipeline if a lawful pipeline
permit and/or license has not been first obtained.
2) Any applications to construct, lay, rework, wrap or otherwise
lower or replace existing pipelines or install monitoring or
recovery wells shall be submitted to the Town in a form
prescribed by the Town.
3) Each application for a pipeline permit and/or license shall be
accompanied by five (5) paper sets and one (1) electronic set of
plans showing the dimensions and locations of the pipelines and
related items or facilities within the subject right-of-way or
easement, as well as all proposed lift stations, pumps or other
service structures related to such pipeline and the location, type
and size of all existing utilities, drainage, right-of-way and
roadway improvements. The plans must additionally show the
Draft Jan. 8, 2009
56
elevation and location of all known public utilities within fifteen
feet (15’) of the centerline of the proposed pipeline.
4) Within thirty (30) days after the date of filing of said application
and plans, the Town shall send notice to the applicant as to
whether the application will be accepted for processing and the
total charge due. If the application is rejected, reasons for
rejection of the application shall be provided in writing.
5) No pipeline permit and/or license may be issued unless and until
a Specific Use Permit (SUP)is approved by the Town Council for
the well or wells within the Town, intended to be served by the
pipeline.
6) No pipeline for the transportation of gas, oil or hydrocarbons
from wells to be drilled shall be constructed or laid except on
Town approved rights-of-way or easements owned by the
Owners or Operators of wells or third party pipeline companies,
or upon designated drilling tracts and upon rights-of-way or
easements necessary to connect future wells to present lines.
7) In order to enable the holder of each pipeline permit and/or
license to move gas, oil, water or other products to or from the
location of a well, the holder of each pipeline permit shall apply
to the Town for an easement on, over, under, along or across
the Town streets, sidewalks, alleys and other Town property for
the purpose of constructing, laying, maintaining, operating,
repairing, replacing and removing pipelines so long as
production or operations may be continued under any pipeline
permit issued pursuant to this Article; provided, however, such
permittee shall:
a. Not interfere with or damage existing utilities including but
not limited to: water, sewer or gas lines, storm drains,
electric lines or the facilities
of public utilities located on, under or across the course of
such right-of- way.
b. Furnish to the Inspector a Site Plan showing the location of
such pipelines for the transport of gas, oil or
hydrocarbons. Said Site Plan shall conform to the Town’s
standards for Site Plans, contained in the Zoning
Ordinance, as amended.
Draft Jan. 8, 2009
57
c. Construct such lines or cause same to be constructed out
of new pipe.
d. Grade, level and restore such property to the same surface
condition, as nearly practicable, as existed before
operations were first commenced.
8) All required agreements pursuant to this Article shall be
completed, reviewed, and resolved by the Town Engineer, Town
Attorney, Town Manager, Administrator, and, by Town Council,
prior to the determination of any pipeline permit as being
administratively complete.
9) Pipeline trenches shall be backfilled and compacted to ninety five
percent (95%) standard density proctor in eight inch (8”) lifts
and pipelines shall be constructed so as to maintain a minimum
depth of eight feet (8’) below the finished grade except in public
rights- of-way, where minimum cover to the top of the pipe
shall be at least eight feet (8’) below the bottom of any adjacent
roadside ditch. Public roads shall not be crossed by open cut.
During the backfill of any pipeline excavations, ‘Buried Pipeline”
warning tape shall be buried one foot (1’) above any such
pipeline to warn future excavators of the presence of a buried
pipeline.
10) In all cases in which one or more residential lots in a
proposed subdivision are crossed or come by or come within
one hundred feet (100’), of any existing oil or gas pipeline or
pipeline easement, the subdivider shall, prior to and as a
condition of Town approval of the subdivision, execute the
following waiver and hold harmless agreement, which shall be
duly acknowledged in the manner provided by law, and which
shall thereafter be recorded in the appropriate deed or other
permanent county records:
a. “(Subdivider Name), by and through its duly undersigned
and authorized officer, does hereby state that it fully
realizes that it is applying for a permit from the Town of
Westlake to build within one hundred feet (100’) of an
existing oil or gas pipeline or pipeline easement, and that
the Town of Westlake considers building near such
pipeline or pipeline easement to have certain inherent
dangers, including, but not limited to, explosion and
release of noxious, toxic and flammable substances. For
the aforementioned reasons (Subdivider Name) hereby
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58
RELEASES and agrees to forever HOLD HARMLESS the
Town of Westlake, Texas, its officers, officials, employees,
successors and assigns from all liability in any way arising
from the building, use or habitation of (structure
described in the said permit).”
11) In all cases in which one or more residential lots in a
proposed subdivision are crossed or come by or come within
one hundred feet (100’) of any existing oil or gas pipeline or
pipeline easement, the subdivision shall provide a note on the
face of the development plan and record plat stating that the
subdivision is crossed or is located within one hundred feet
(100’) of an existing oil or gas pipeline.
12) Construction, repair and/or maintenance of all pipelines,
gathering lines, and production lines shall meet or exceed the
minimum criteria established by the statutory or regulatory
requirements of the state and federal governments for oil and
gas pipelines.
13) Pipelineswithin the Town limits shall be constructed in
accordance with this Article and shall be designed and
constructed to the latest standards mandated by the United
States Department of Transportation (DOT) and Railroad
Commission for pipelines operating within a Class 3 location in
accordance with 49 CFR 1 92. 111.
14) Pipelines subject to this Division shall be constructed with
an automated pressure monitoring system that detects leaks
and shuts off any line or any section of line that develops a
leak. In lieu of such system, the pipeline Operator may have 24
hour pressure monitoring of the pipeline system which provides
monitoring of the pipeline within the Town limits. Any
monitoring system(s) shall be keyed to or required to notify the
Town’s emergency response providers in order to provide them
with immediate notice of any leak.
15) Construction of the pipeline must commence within six (6)
months of approval by the Town or otherwise the pipeline
permit expires. A one-year extension of time may be granted if
existing conditions are the same, as determined by the Director
of Planning and Development Services. Once construction has
commenced, the pipeline permit shall continue (i) until the
pipeline covered by the pipeline permit is complete and the site
Draft Jan. 8, 2009
59
restored, or (ii) one year has elapsed since the approval date of
the pipeline permit, whichever occurs first.
16) The Administrator may require that sections of proposed
pipeline be constructed at deeper depths based upon future
Town infrastructure needs. The Administrator may also require
that a pipeline relocated should it conflict with the proposed
alignment and depth of a gravity dependent utility.
Sec. 5657. New Pipeline Permit/License Application.
a) At least forty-five (45) days prior to the scheduled commencement of
the construction of a new pipeline, the pipeline Owner or Operator
shall submit an application and pay a fee, as shown in the approved
fee schedule, for a pipeline permit and/or license to the Town pursuant
to its intention to construct the pipeline. A permit shall be required for
any new pipeline constructed in the Town. A license shall be required
for any pipeline proposed to cross a street, roadway, alleyway,
easement or right-of-way in the Town. All pipeline permits and
licenses shall be subject to annual review and renewal fees. The
Owner and/or Operator shall submit the following information in the
application for a pipeline permit and/or license:
1) The name, business addresses and telephone numbers of the
pipeline Owner or Operator.
2) The names, titles and telephone numbers of the following:
a. The person submitting the application and petition for
the pipeline construction;
b. The person designated as the principal contact for the
submittal;
c. The person designated as the twenty-four hour
emergency contact; and
d. The person or firm that will operate the pipeline.
3) A map showing the origin point and the destination of the
segment of the pipeline to be constructed as well as the location
of all Habitable Structures located within 500’ of the pipeline
route.
4) A text description of the general location of the planned pipeline.
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60
5) A description of the substance to be transported through the
pipeline.
6) A copy of the substance material safety data sheet (MSDS).
7) The maximum allowable operating pressure on the pipeline,
along with the Specified Minimum Yield Strength (SMYS) of the
pipe, its pressure class, and design calculations in accordance
with 49 CFR 192.105, assuming a Class 3 or better location.
8) The normal operating pressure range of the pipeline, not to
exceed the maximum allowable operating pressure as
designated above.
9) Engineering plans, drawings and/or maps with summarized
specifications showing the horizontal pipeline location, pipeline
covering depths, and location of shutoff valves (the location of
shutoff valves must be known in order for emergency
responders to clear area for access valves.) To the extent that
information can be obtained, drawings shall show the location of
other pipelines and utilities that will be crossed or paralleled
within fifteen (15’) feet of the proposed pipeline right-of-way.
10) A description of the consideration given to matters of
public safety and the avoidance, as far as practicable, of
existing inhabited structures and congregated areas.
11) Detailed cross section drawings for all public street right-
of-way and easement crossings.
12) Methods to be used to prevent both internal and external
corrosion.
13) A binder or certificates of all bonds and insurance as
required under this Division.
14) All application materials required pursuant to the Town’s
Tree Preservation Ordinance, as it may be amended, including a
tree survey measured from the outer edge of any
improvements, construction areas, development, equipment,
materials, temporary roads, access easements, and/or built
structures, extending twenty-five (25) feet, without regard to
intervening structures or objects.
15) A proposed alignment strip map showing name and
address of all affected property owners.
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61
16) The application for a pipeline permit and/or license is
approved and a permit and/or license is issued, the pipeline
Owner or Operator shall at all times be required to maintain a
fund with the Town containing a minimum running balance of
fifteen thousand ($15,000.00) dollars for each permit
application approved. The funds shall be maintained by the
Town in a separate non-interest bearing account from which the
Town shall reimburse itself for the administrative expenses,
consulting fees, contracting fees or the funding of Inspector
position(s). The Town shall invoice and notify the pipeline
Owner or Operator, in writing, of any deduction from the
application fund, and, within fifteen (15) days of receipt thereof,
the pipeline Owner or Operator shall pay to the Town, for
deposit into the application fund, the amount necessary to
return the balance to fifteen thousand ($15,000.00) dollars. The
Town shall return the remaining account balance to the
applicant or the applicant’s approved assign if the pipeline
subject to the pipeline permit and/or license is disconnected
from all sources or supplies of gas, hazardous liquids and
chemicals, and if capped or sealed at the ends and/or removed
in accordance with the provisions of this Article. No pipeline
permit and/or license shall be issued if the proposed activities
are not in conformance with this Article and all other applicable
Town ordinances, state and federal law.
Sec. 5658. Permit and/or License Approval.
a) The applicant shall submit an application as described in this Article.
Any application submitted that is determined to be administratively
incomplete shall be returned to the applicant within ten (10) business
days of the submittal date along with a letter documenting the
deficiencies of the application, if any.
b) After the submission of an administratively complete application, an
administrative conference may be conducted to seek resolution of any
substantive, nonresolvable technical issues. The conference shall be
conducted with the Pipeline Review Committee., and, if necessary, the
Town’s Technical Advisor. The costs associated with the Technical
Advisor shall be borne by the applicant. A quorum of at least three (3)
members must be present to conduct a conference with at least one
(1) of the members present at the conference having emergency
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62
management expertise. Any decision by the Pipeline Review
Committee is final.
c) From time to time the Town may need to obtain an independent study
or analysis of an application or petition to construct a new pipeline.
The Town, upon approval by the Town Manager, after recommendation
by the Pipeline Review Committee, shall engage duly qualified
independent consultant(s) or contractor(s) to conduct such special
studies or analyses as required to fully evaluate and act upon an
application for a new pipeline. The actual cost for said consultant or
contractor, including the cost of any inspections deemed necessary by
the Pipeline Review Committee, all administrative processing fees, or
fees otherwise required by this Ordinance, shall be billed directly to
the pipeline Owner or Operator’s fund balance established pursuant to
this Article.
d) The pipeline Owner or Operator shall give notice forty-eight (48) hours
prior to the commencement of pipeline construction to all residents
and business establishments that are located within five hundred feet
(500’) of the proposed centerline of the pipeline.
e) Upon completion of pipeline construction the pipeline Owner or
Operator shall provide the Town with as-built or record drawings of the
pipelines within sixty (60) calendar days. Accuracy of the record
drawings shall meet a survey level of one foot (1’) to fifty thousand
feet (50,000’). The scale of the record drawings shall be a minimum of
1” = 40’. The drawings shall also be supplied in as DFF digital file
format with the location tied to one (1) nearby GPS (global positioning
system), Town monument. If the new pipeline length exceeds one
thousand feet (1,000’) within the Town the pipeline shall be tied to at
least two (2) GPS Town monuments.
f) Any change in service of a pipeline not previously addressed by this
Article to gas, hazardous liquid or chemical service must be reviewed
in accordance with the new pipeline review procedure outlined herein,
as if it were new pipeline construction.
g) A preconstruction conference with the Pipeline Review Committee shall
be required prior to the commencement of pipeline construction.
Sec. 5659. Public Education.
a) In keeping with the Natural Gas Pipeline Safety Act of 1968 and 49
CFR
Draft Jan. 8, 2009
63
192.614, “Damage Prevention Program,” 49 CFR 192.615, “Emergency
Plans,” the
Hazardous Liquids Safety Act of 1979, and 49 CFR 195.408,
“Communications,” 49 CFR
195.440, “Public Awareness,” and the Community Right-to-Know Act,
40 CFR Parts
350-374:
b) Each pipeline Owner or Operator shall maintain a public education
program that is communicated to residents and business
establishments within one thousand feet (1,000’) of the centerline of a
pipeline.
c) Pipeline information communicated pursuant to subSECTION(1) shall
contain the following subjects:
1) Pipeline location;
2) Material transported within the pipeline;
Pipeline markers;
3) How to recognize a pipeline;
4) How to report a pipeline emergency;
5) Contact information regarding underground utility ocations;
6) Additional requirements for excavations near a home or
business; and
7) Response needs during a pipeline, emergency, including
instructions for sheltering in the event of an emergency.
d) Public education information shall be communicated at least annually
in both English and Spanish.
e) The Town shall notify all property owners within one thousand feet
(1,000’) of the proposed pipeline, in writing, by U.S. regular mail, of
the proposed construction date of the pipeline. The actual cost of said
notice shall be billed directly to the pipeline Owner or Operator’s fund
balance established pursuant to SECTION56-309(b), of this Article.
Sec. 5660. Pipeline Information Reporting Requirements.
Draft Jan. 8, 2009
64
(a) Each pipeline Owner or Operator shall provide to the Inspector, the Fire
Marshal, and the Police Chief the names, mailing addresses and telephone
numbers of at least two (2) primary persons, officers or contacts available
on a twenty-four hour basis and at least two (2) alternative persons, officers
or contacts to be reached in the event that the primary contacts are
unavailable who:
(1) Can initiate appropriate actions to respond to an emergency;
(2) Have access to information on the location of the closest shutoff valve to
any specific point in the Town; and (3) Can furnish the common name of the
material then being carried by the pipeline.
Any change in the above information must be provided to the Town by
contacting the Inspector prior to such change.
(b) Every Owner or Operator of a pipeline subject to this Article shall be
required to present to the Town a safety report and file with the Town an
annual verified safety report in letter form on or before June 30 of each year
to cover a reporting period of June 1 through May 31. Said written safety
report shall contain the following information and said information shall be
presented to the Inspector by every Owner or Operator of a pipeline subject
to this Article:
(1) A statement that the pipeline has no outstanding safety violations as
determined in an inspection or audit by either the Railroad Commission
and/or the U.S. Department of Transportation with regard to any pipeline
operating within the Town. Alternatively, if there are any safety violations as
determined by the Railroad Commission and/or the U.S. Department of
Transportation that have not been corrected, these shall be described to the
Town with a specific action plan to correct the safety violations. Said action
plan shall include a timeline for corrective action and the individual or firm
responsible for each action.
(2) Evidence that the pipeline Owner or Operator has current liability
insurance covering each respective pipeline in the minimum amount of five
million dollars ($5,000,000.00). Insurance carriers must be licensed to
conduct business in the state and possess at least an “A” rating by the A.M.
Best Company.
(3) A statement that the pipeline information specified in this Article is
correct. Alternatively, in the event that the required information on file with
the Town is no longer correct, updated or corrected information shall be
submitted within five (5) calendar days of the change and the updated
information shall be submitted with the annual safety report.
(4) Owners or Operators of any Unregulated Pipeline who have no reporting
responsibility to the Railroad Commission or the U.S. Department of
Transportation and who may otherwise operate outside the safety
regulations of either of these agencies shall additionally provide the following
pertaining to the preceding reporting period of June 1 through May 31:
a. Copies of internal reports of responses to pipeline emergencies, as
Draft Jan. 8, 2009
65
pipeline emergency is defined in this
Article;
b. Current operations and maintenance logs; and
c. Current emergency action plan.
(5) A log of all the maintenance and monitoring activities conducted on all
lines subject to this Article for the reporting period shall be made available
upon request by the Town.
(6) The designated Owner or Operator shall submit an annual safety report,
along with the safety report review fee established by the Town Council, with
respect to each pipeline subject to the this Ordinance or any other
ordinances of the Town of Westlake. The safety report and verification shall
be executed by an officer or a person who is authorized to sign such safety
report letter and make verification. The prescribed form of verification on the
safety report letter shall read:
Verification
I, NAME, TITLE, of OWNER/OPERATOR, am authorized to make and have
made the foregoing annual safety report letter to the Town for oil and gas
pipelines. Any attachments made to this letter are true and correct copies of
originals and the information provided in this letter is true and correct to the
best of my knowledge and is information based on the standard of inquiry
and investigation as would be made by a reasonably prudent pipeline Owner
or Operator within the Town of South lake.
Signature of Officer or Person Authorized to Sign Letter
STATE OF TEXAS §
COUNTY OF [Place Where Safety Letter is Prepared] §
The foregoing annual safety report letter was sworn to
and subscribed before me by (signatory of letter) on this ____ day of
________,20___
Signed:
Notary Public for the State of Texas
Printed Name: __________________________
My Commission Expires: _______________
Ordinance No. 880 A 49
(7) The actual administrative costs incurred by the Town in reviewing the
annual safety letter shall be billed directly to the pipeline Owner or
Operator’s fund balance established pursuant to SECTION56-309(b), of this
Article.
(8) A copy of all initial or follow-up reports provided to the U.S. Department
of Transportation or the Railroad Commission on unsafe pipeline conditions,
pipeline emergencies or pipeline incidents within the Town must be filed
concurrently with the Town. In addition, any initial or follow-up reports filed
with state and federal environmental regulatory agencies pertaining to
pipeline releases within the Town must be filed concurrently with the Town.
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66
(9) Upon written request, the pipeline Owner or Operator shall make
available during normal business hours and at the pipeline Owner or
Operator’s local office, documents for review that are required for submittal
to or to be maintained on file for the U.S. Department of Transportation and
the Railroad Commission such as:
a. Operations and maintenance;
b. Employee training;
c. Annual inspection;
d. Repair records;
e. Operating records; and
f. Insurance.
In the case of unregulated pipelines, the Town may request any such
additional information that the Town deems necessary, in the best interests
of the Town, and necessary to protect the public health, safety and general
welfare.
Sec. 5661. Pipeline Markers.
(a) In accordance with U.S. Department of Transportation and Railroad
Commission requirements, pipeline Owners or Operators shall place and
maintain permanent line markers as close as practical over the pipeline(s) at
each crossing of a public street, utility easement or railroad. Marker(s) shall
also be maintained along each pipeline that is located above ground in an
area accessible to the public. The markers shall be of permanent type
construction and contain labeling identifying the:
(I) Pipeline Owner or Operator;
(2) Twenty-four-hour contact telephone number; and
(3) A general description of the product transported in the pipeline; i.e.,
natural gas, oil, petroleum.
(b) No person shall tamper with, deface, damage or remove any pipeline
marker, except the pipeline Owner or Operator.
(c) Upon specific reasonable request of the Owner of a real property on
which a residence is located and through which a pipeline traverses, the
pipeline Owner or Operator shall install temporary pipeline markers or
flagging to reduce the possibility of pipeline damage or interference, in
accordance with this Article.
(d) The material, design, color, size and content of each line marker shall
subject to Town Council approval prior to installation.
Sec. 5662. One Call System
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67
(a) The Owner or Operator of any pipeline that transports gas, oil, liquids or
hydrocarbons that is located in the Town shall be a member in good standing
with the One Call system or other approved excavation monitoring system as
required by State law. The Owner or Operator of any pipeline that transports
gas, oil, liquids or hydrocarbons subject to this Article shall contract for
service with the selected underground utility coordinating system for a
minimum of five (5) years unless there is an agreement to change to an
alternate system between the Town and the pipeline Owners or Operators.
Said services shall be maintained without interruption for the life of the
pipeline permit and/or license. The selected underground utility coordinating
system may be different that the one used by the Town for other
underground utility services.
(b) Prior to beginning any excavation, trenching or digging using powered
equipment or hand tools that may damage a pipeline, any person within the
Town shall be required to contact the One Call System and any other
appropriate underground utility coordinating systems and determine if there
are any pipelines or public utilities in the vicinity of the proposed activities.
(c) If physical contact is made with a pipeline during any excavation,
trenching or digging, the pipeline company must be notified by the person or
agency making the physical contact with the pipeline for any necessary
pipeline inspection or repair.
Sec. 5663. Inactive and Idled Pipelines.
(a) Inactive Pipelines
(1) All reporting records specified in this Article shall be maintained and kept
current on inactive pipelines. An application to place a pipeline into inactive
status must made to the Town and permit issues, with the permit fee paid,
prior to placing the pipeline into inactive status.
(2) Inactive pipelines shall be purged of gas, hazardous liquids, and
chemicals, and physically isolated if such action does not adversely affect the
pipeline Owner or Operator’s right-of-way easement and does not prevent
the pipeline Owner or Operator from maintaining the physical integrity of the
pipeline. These pipelines shall be maintained to prevent deterioration.
(3) The means used to physically isolate, if such action is taken, the inactive
pipeline shall be included in the information retained on file with the Town
for reporting as specified in this Article..
(b) Idled Pipelines
(1) An entry shall be made to the required reporting records, as required in
this Article that the pipeline has been idled An application to place a
pipeline into idled status must made to the Town and permit issues, with the
permit fee paid, prior to placing the pipeline into idled status.
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68
(2) Idled pipelines shall be purged, disconnected from all sources or supplies
of gas, hazardous liquids and chemicals, and capped or sealed at the ends.
(3) Reactivation of idled pipelines shall require notification of the Town
pursuant to the standards and requirements specified in SECTION56-
311. Reactivation shall require pressure testing for integrity and compliance
with Railroad Commission and/or United States Department of
Transportation regulations.
Sec. 5664. Emergency Response Plans and Emergency Incident
Reporting.
(a) Each pipeline Owner or Operator shall maintain written procedures to
minimize the hazards resulting from an emergency. These procedures shall
at a minimum provide for:
(1) Prompt and effective response to emergencies:
a. Leaks or releases that can impact public health, safety or welfare;
b. Fire or explosions at or in the vicinity of a pipeline or pipeline easement;
or
c. Natural disasters;
(2) Effective means to notify and communicate required and pertinent
information to local fire, police, and public officials during an emergency;
(3) The availability of personnel, equipment, tools and materials as
necessary at the scene of an emergency;
(4) Measures to be taken to reduce public exposure to injury and probability
of accidental death or dismemberment;
(5) Emergency shut down and pressure reduction of a pipeline;
(6) The safe restoration of service following an emergency or incident;
(7) A follow-up incident investigation to determine the cause of the incident
and require the implementation of corrective measures.
(b) Each pipeline Owner or Operator shall meet annually with the Inspector
and
Fire Marshal to review emergency response plans. These reviews shall be in
accord with
U.S. Department of Transportation and Railroad Commission requirements
and the
Owner or Operator will:
(1) Furnish or update a copy of the emergency response plan described in
this Article;
(2) Review the responsibilities of each governmental organization in
response to an emergency or incident;
(3) Review the capabilities of the pipeline Owner or Operator to respond to
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69
an emergency or incident;
(4) Identify the types of emergencies or incidents that will result in or
require contacting the Town; and
(5) Plan mutual activities that the Town and the pipeline Owner or Operator
can engage in to minimize risks associated with pipeline operation.
(6) At this meeting, the Town shall provide the pipeline Owner or Operator
with a list of additional contacts that shall be made in the event of a pipeline
emergency or incident. The Town will inform the pipeline Owner or Operator
of the emergency response groups that will be contacted through 911.
(c) Upon discovery of a pipeline emergency or incident, the following
communications are to be initiated by the affected pipeline Owners or
Operators:
(1) A general description of the emergency or incident;
(2) The location of the emergency or incident;
(3) The name and telephone number of the person reporting the emergency
or incident;
(4) The name of the pipeline Owner or Operator;
(5) Whether or not any hazardous material is involved and identification of
the hazardous material so involved; and
(6) Any other information as requested by the emergency dispatcher or
other such official at the time of reporting the emergency or incident.
(d) The pipeline Owner or Operator shall contact any other emergency
response groups that are necessary that may not be activated through the
county 911 system.
(e) The pipeline Owner or Operator shall contact the Westlake Department of
Public Safety immediately after the discovery of any pipeline emergency.
(0 Notwithstanding any provision in this Article, each pipeline, containing
natural gas which contains hydrogen sulfide in concentrations of more than
one hundred (100) parts per million, shall be constructed with an audible
alarm system that will provide an alarm to the general public in the event of
a leak from any pipeline, gathering or flow line subject to this Article. Said
audible alarm system shall be of a type and design approved by the Town.
(g) Within two (2) years of the effective date of the pipeline permit and
every two (2) years thereafter, the pipeline Owner or Operator shall conduct
an on-site, emergency drill that includes, but shall not be limited to, the
personnel operating the pipeline, local law enforcement personnel, and
officials of the Town.
(h) Notwithstanding the foregoing, all incidents involving well safety or
integrity that do not rise to the level of a pipeline emergency shall
additionally be reported to the Town by completing an incident report on
forms prepared by the Town. Incident reports must be filed by the pipeline
Owner or Operator within twenty-four (24) hours of discovering the incident.
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70
Sec. 5665. Pipeline Repairs and Maintenance.
(a) All repairs and maintenance are to be performed in accordance with U.S.
Department of Transportation and Railroad Commission mechanical integrity
requirements. This requirement applies to all pipelines covered by this
Article, unregulated as well as those operating under federal rules.
(b) If non-emergency repairs necessitate excavation of the pipeline, prior
notification is required to occupants of business establishments and
residential dwellings located within five hundred feet (500’) from the
centerline of the pipeline to be excavated.
(c) Above-ground non-emergency repairs that are not routine maintenance
necessitate prior notification to occupants of businesses and residential
dwellings located within five hundred feet (500’) from the centerline of the
pipeline section to be repaired.
(d) Without limitation of the methods of giving the notice required in
subsections (b) and (c), notice shall be by U.S. regular mail, postage prepaid
mailed at lease five (5) days prior to commencing any non-emergency
repair.
(e) Inspection of the interior of all pipelines subject to these standards shall
follow United States Department of Transportation and Railroad Commission
rules.
Sec. 5666. No Grant of Town Easement, No Assumption of Responsibility
by Town.
(a) Nothing in this Article grants permission for the use of any street, way or
property of the Town, and any such use shall be subject to the Town at its
sole discretion.
(b) Nothing in this Article shall be construed as an assumption by the Town
of any responsibility of an Owner or Operator of a pipeline not owned by the
Town, and no Town officer, employee or agent shall have authority to relieve
an Owner or Operator of a pipeline from their responsibility under this Article
or by any other law, ordinance or resolution.
Sec 5667. Protection and Painting of Structures.
All pipeline risers and all appurtenances related to pipeline construction and
operations composed of materials generally protected or painted shall be
protected and painted and shall be repainted at sufficiently frequent
intervals to maintain same in good condition. It shall be a violation of this
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71
Article for any pipeline riser and/or appurtenances related to pipeline
construction and operations to be in a state of disrepair or to have chipped,
peeling or unpainted portions thereof.
Sec. 5668. Waiver/Hold Harmless Agreement Required for Issuance of
Building Permit.
Any person, firm or corporation wishing to obtain a building permit for the
erection, construction, reconstruction or expansion of any structure, of which
any portion of such erection, construction, reconstruction or expansion
would occur within one hundred feet (100’) of an existing oil or gas pipeline
or pipeline easement, shall, prior to and as a condition of the issuance of
such building permit, execute the following waiver and hold harmless
agreement, which shall be duly acknowledged in the manner provided by
law, and which shall thereafter be notarized and recorded in the appropriate
deed or other permanent county records:
“I, (Applicant’s Name), do hereby state, on my oath, that I fully realize I am
applying for a permit from the Town of Westlake to build within one hundred
feet (100’) of an existing oil or gas pipeline easement; that I am fully aware
of the dangers inherent in building near such pipeline or easement,
including, but not limited to, explosion and release of noxious, toxic and
flammable substances; and, further, that I do hereby RELEASE and agree to
forever HOLD HARMLESS the Town of Westlake, Texas, its officers, officials,
employees, successors and assigns from all liability in any way arising from
the building, use or habitation of the structure described in the said permit.”
Sec. 5669. Street and Rightofway Use.
(a) In the event an oil or gas pipeline is placed within any public right-of-
way under the jurisdiction of the Town, the Owner/Operator shall comply
with the right-of- way use regulations as provided in the Town of Westlake
Code of Ordinances and obtain an appropriate franchise or license for the
use of such right-of-way.
(b) To the extent that the provisions of this Article conflict with the Town’s
right-of-way use ordinance, this Article shall apply.
Sec. 5670. Violations.
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72
(a) Any pipeline Owner or Operator subject to this Article, who shall have
failed to comply with this Article, shall be deemed to maintain a nuisance
and the Town may take such measures to remedy such nuisance, including,
but not limited to, revocation of the pipeline Owner or Operator’s pipeline
permit and/or license.
(b) It shall be a violation of this Article for a person to knowingly make a
misrepresentation of any information to be reported pursuant to this Article.
It shall also be a violation of this Article if the person makes such
misrepresentation as a result of failure to exercise such due diligence of
investigation or inquiry, as would a reasonably prudent pipeline Owner or
Operator conducting business in the jurisdiction of the Town.
(c) Each violation of any section, subsection or part of this Article shall be a
separate offense. Each day of on-going violation shall be a separate offense,
and shall carry with it a fine of not less than one thousand dollars
($1,000.00) per day nor more than two thousand dollars ($2,000.00) per
day.
(d) The Town shall be entitled to injunctive relief or any other appropriate
relief in a court of appropriate jurisdiction to prevent violation of or to
compel compliance with this Article.
Sec. 5671. Bond and Insurance Required.
(a) In the event that a pipeline permit and/or license is issued for a pipeline
or other operations under this Article, no actual operation shall be
commenced until the permittee shall file with the Town Secretary a bond and
a certificate of insurance as follows:
(1) No person shall begin the construction or operation of any pipeline until
he has filed with the Town Secretary a duly executed bond executed by the
applicant as principal with an AM Best “A” rated surety company that is
acceptable to the Town and is licensed to conduct business in the State as
surety, payable to the Town and the policy shall name the Town as an
additional insured and such surety company shall maintain an A.M. Best “A”
rating for the policy period. Said bond shall include conditions that the
applicant, its heirs, assigns and successors will do the following:
a. Comply with the terms and conditions of the application and this Article in
the construction, operation and maintenance of the pipeline and related
structure(s).
b. That all streets and sidewalks and all other public places and all public
utilities that may be injured or damaged in the operation will be restored to
their former condition.
c. That all litter, machinery, buildings, trash, and waste used, accumulated
or allowed in the construction of any pipeline will be removed within ten (10)
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73
days of the completion of said construction.
d. That all litter, machinery, buildings, trash, and waste used, accumulated
or allowed in the operation of any pipeline will be removed within (10) days
of the completion of said operations.
e. Such bond shall be in the sum of $1,000,000.00 and before the pipeline
permit and/or license shall be issued, the bond shall be approved by the
Town and filed with the Town Secretary. Such bond shall become effective
upon the granting of the pipeline permit and/or license and shall remain in
full force and effect until all work under the terms of such pipeline permit
and/or license has been completed. Such bond may later be amended to
include other pipelines, under provisions of other applications, or other
permits.
(2) In addition to the bond required in this Article above, each person
desiring to construct a pipeline or to conduct any other work
under the provisions of this Article shall be required to carry public liability
insurance with a carrier rated “A” or better by A.M. Best in a minimum
amount of $1,000,000.00 for one person and $5,000,000.00 for one
accident and property damage insurance in the amount of $10,000,000.00
for one accident, which shall remain in full force and effect and be carried so
long as such pipeline is operated. A certificate of insurance shall be furnished
annually by the permittee or the subsequent Owner and Operator of such
pipeline showing that such insurance is and continues in effect.
(3) Permittee shall provide and maintain in full force and effect during
the term of its permit insurance with the following minimum limits:
a. Worker’s compensation at statutory limits;
b. Employer’s liability, including bodily injury by accident and by disease, for
$500,000.00 combined single limit per occurrence and a twelve-month (12-
month) aggregate policy limit of $1,000,000.00;
c. Commercial general liability coverage, including blanket contractual
liability, products and completed operations, personal injury, bodily injury,
broad form property damage, operations hazard, pollution, explosion,
collapse and underground hazards for $5,000,000.00 per occurrence and a
twelve-month (12-month). aggregate policy limit of $10,000,000.00; and
d. Automobile liability insurance (for automobiles used by the permittee in
the course of its performance under the pipeline permit and/or license,
including employer’s non-ownership and hired auto coverage) for
$2,000,000.00 combined single limit per occurrence.
(b) The Town shall adjust the above minimum liability limits every five (5)
years during the term of the pipeline permit and/or license, or sooner as
determined by the Town Council, to compensate for the effects of inflation
and with the objective to reestablish the value of coverage required as of the
effective date of this Article.
(c) Each policy or an endorsement thereto, except those for worker’s
compensation and employer’s liability, shall name the Town and its officers,
Draft Jan. 8, 2009
74
officials, employees, successors and assigns as additional insured parties,
but limited to risks indemnified pursuant to this Article. If any such policy is
written as “claims made” coverage and the Town is required to be carried as
an additional insured, then the permittee shall purchase policy period
extensions so as to provide coverage to the Town for a period of at least two
(2) years after the last date that the pipeline permit and/or license is in
effect. No deductible shall exceed ten percent (10%) of the minimum limits
of liability or one percent (1%) of the consolidated net worth of the
permittee and its permitted affiliates, whichever is greater.
(d) Permittee shall assume and bear any claims or losses to the extent of
deductible amounts and waives any claim it may ever have for the same
against the Town and its officers, officials, employees, successors and
assigns in respect of any covered event.
(e) All such policies and certificates shall contain an agreement that the
insurer shall notify the Town in writing not less than thirty (30) days before
any material change, reduction in coverage or cancellation of any policy.
Permittee shall give written notice to the Town within five (5) days of the
date upon which total claims by any party against permittee reduce the
aggregate amount of coverage below the amounts required by the pipeline
permit and/or license.
(f) Each policy must contain an endorsement to the effect that the insurer
waives any claim or right in the nature of subrogation to recover against the
Town, its officers, officials, employees, successors and assigns.
(g) Each policy must contain an endorsement that such policy is primary
insurance to any other insurance available to the Town as an additional
insured with respect to claims arising thereunder.
(h) The Town Council may modify the requirements of this SECTION56-323,
as it deems appropriate, in order to account for the risk and possible threat
to the public health, safety and general welfare posed by the operation of
pipelines within the Town.
Sec. 5672. Termination of Permit and/or license.
Any violation of the provisions of any or all sections of this Article shall be
grounds for the termination of any pipeline permit and/or license. The
termination of any oil and gas pipeline permit and/or license shall require
the immediate cessation of all operations subject to the pipeline permit
and/or license and shall require the pipeline Owner or Operator to reapply
for a new pipeline permit and/or license in full accordance with the
provisions of this Article.
SECTION 3:
Draft Jan. 8, 2009
75
This Ordinance shall be cumulative of all provisions of ordinances of the
Town of Westlake, Texas, except where the provisions of this Ordinance are
in direct conflict with the provisions of such ordinances, in which event the
conflicting provisions of such ordinances are hereby repealed.
SECTION 4:
It is hereby declared to be the intention of the Town Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the
Town Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION5:
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 6:
The Town Secretary of the Town of Westlake is, upon adoption by the
Westlake Town Council, ishereby directed to publish the proposed ordinance
by caption and, if this Ordinance provides for the imposition of any penalty,
fine or forfeiture for any violation of any of its provisions, then the Town
Secretary shall additionally publish this ordinance or its caption and penalty
in the official Town newspaper one time within ten days after final passage
of this Ordinance.
SECTION7:
This Ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ____ DAY OF ____ 2009.
Draft Jan. 8, 2009
76
________________________________
Laura Wheat, Mayor
ATTEST:
__________________________ ________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
Stan Lowry, Town Attorney
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a
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l
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in
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that
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f
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o
p
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d
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d
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n
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e
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2
To
p
i
c
s
of
Di
s
c
u
s
s
i
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n
To
p
i
c
s
of
Di
s
c
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s
s
i
o
n
•
Se
t
b
a
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k
s
•
Se
t
b
a
c
k
s
•
Wa
t
e
r
•
Ro
a
d
w
a
y
us
a
g
e
•
Pe
r
m
i
t
ap
p
r
o
v
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pr
o
c
e
s
s
•
Pe
r
m
i
t
ap
p
r
o
v
a
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pr
o
c
e
s
s
•
Sc
r
e
e
n
i
n
g
/ La
n
d
s
c
a
p
i
n
g
•
So
u
n
d
li
m
i
t
a
t
i
o
n
s
3
De
f
i
n
i
t
i
o
n
s
De
f
i
n
i
t
i
o
n
s
•
Ga
s
We
l
l
Pa
d
Si
t
e
‐
Th
e
ar
e
a
us
e
d
fo
r
al
l
op
e
r
a
t
i
o
n
a
l
ac
t
i
v
i
t
i
e
s
as
s
o
c
i
a
t
e
d
wi
t
h
ga
s
op
e
r
a
t
i
o
n
a
l
ac
t
i
v
i
t
i
e
s
as
s
o
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i
a
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e
d
wi
t
h
ga
s
dr
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l
l
i
n
g
an
d
pr
o
d
u
c
t
i
o
n
.
•
Dr
i
l
l
Zo
n
e
‐
Th
e
ar
e
a
wi
t
h
i
n
an
ap
p
r
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v
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d
Gas
Dr
i
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l
Zo
n
e
Th
e
ar
e
a
wi
t
h
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n
an
ap
p
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d
Gas
We
l
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Pa
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de
s
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d
to
dr
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we
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bores.
•
Ga
s
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pr
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Si
t
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Th
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Ga
s
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n
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•
Pr
o
t
e
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t
e
d
us
e
–
Dw
e
l
l
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g,
co
m
m
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bu
i
l
d
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n
g
,
sc
h
o
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or
pu
b
l
i
c
pa
r
k
.
4
Se
t
b
a
c
k
s
Se
t
b
a
c
k
s
Co
m
p
a
r
i
s
o
n
to
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
:
Mi
n
i
m
u
m
di
s
t
a
n
c
e
of
a we
l
l
b
o
r
e
(t
h
e
op
e
n
ho
l
e
at
th
e
dr
i
l
l
si
t
e
)
fr
o
m
a pr
o
t
e
c
t
e
d
use.
Mu
n
i
c
i
p
a
l
i
t
y
St
a
n
d
a
r
d
Mi
n
i
m
u
m
Mu
n
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i
p
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l
i
t
y
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a
n
d
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r
d
Mi
n
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m
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m
Ke
l
l
e
r
5
0
0
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e
t
C
i
t
y
Co
u
n
c
i
l
ca
n
de
c
r
e
a
s
e
;
no
mi
n
i
m
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m
listed*
Ro
a
n
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k
e
1
0
0
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e
t
5
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e
t
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r
t
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6
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0
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e
t
hl
k
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l
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ld*
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u
t
hl
ake
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fee
t
C
i
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Co
u
n
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l ca
n
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r
e
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;
no
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m
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m
listed*
Tr
o
p
h
y
Cl
u
b
1
0
0
0
fe
e
t
*
*
2
5
0
fe
e
t
**
Ar
g
y
l
e
50
0
fe
e
t
2
5
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e
t
We
s
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a
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6
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0
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e
t
3
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0
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e
t
*T
h
e
Te
x
a
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c
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l
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Co
d
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a 20
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e
t
mi
n
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m
u
m
.
**
Me
a
s
u
r
e
d
to
th
e
pr
o
p
e
r
t
y
li
n
e
in
s
t
e
a
d
of
th
e
st
r
u
c
t
u
r
e
.
5
Se
t
b
a
c
k
s
‐
di
s
c
u
s
s
i
o
n
po
i
n
t
s
Se
t
b
a
c
k
s
di
s
c
u
s
s
i
o
n
po
i
n
t
s
Di
s
t
a
n
c
e
fr
o
m
dr
i
l
l
zo
n
e
to
pr
o
t
e
c
t
e
d
us
e
•
Wh
y
no
t
ju
s
t
ad
o
p
t
th
e
gr
e
a
t
e
s
t
se
t
b
a
c
k
th
a
t
any
of
ou
r
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
ar
e
us
i
n
g
?
of
ou
r
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
ar
e
us
i
n
g
?
•
Th
e
pu
r
p
o
s
e
of
se
t
b
a
c
k
s
–
sa
f
e
t
y
an
d
qu
a
l
i
t
y
of
Th
e
pu
r
p
o
s
e
of
se
t
b
a
c
k
s
sa
f
e
t
y
an
d
qu
a
l
i
t
y
of
li
f
e
or
nu
i
s
a
n
c
e
mi
t
i
g
a
t
i
o
n
.
•
Un
i
n
t
e
n
d
e
d
co
n
s
e
q
u
e
n
c
e
s
of
la
r
g
e
r
se
t
b
a
c
k
re
q
u
i
r
e
m
e
n
t
s
.
6
Ex
a
m
p
l
e
s
of
se
t
b
a
c
k
im
p
a
c
t
s
on
dl
b
l
dev
e
lop
a
bl
e pr
o
p
e
r
t
y
•
10
0
0
fo
o
t
10
0
0
fo
o
t
10
0
0
+ 10
0
0
+ 10
0
= 21
0
0
;
21
0
0
X 21
0
0
= 4,
4
1
0
,
0
0
0
/ 43
5
6
0
= 10
1
.
2
4
acres
•
60
0
fo
o
t
60
0
+ 60
0
+ 10
0
= 13
0
0
;
13
0
0
X 13
0
0
= 1,
6
9
0
,
0
0
0
/ 43
5
6
0
= 38
.
8
ac
r
e
s
•
30
0
fo
o
t
30
0
+ 30
0
+ 10
0
= 70
0
;
70
0
X 70
0
=
49
0
0
0
0
/ 43
5
6
0
= 11
.
2
5
ac
r
e
s
Fo
r
m
u
l
a
:
h*w/
43
5
6
0
=
ac
r
e
s
,
wh
e
r
e
:
Fo
r
m
u
l
a
:
hw
/
43
5
6
0
ac
r
e
s
,
wh
e
r
e
:
h=
Th
e
se
t
b
a
c
k
fr
o
m
on
e
si
d
e
ad
d
e
d
to
th
e
se
t
b
a
c
k
fo
r
th
e
op
p
o
s
i
t
e
si
d
e
plus the
de
p
t
h
of
th
e
we
l
l
bo
r
e
zo
n
e
.
w=
Th
e
se
t
b
a
c
k
fr
o
m
th
e
fr
o
n
t
si
d
e
ad
d
e
d
to
th
e
se
t
b
a
c
k
fo
r
th
e
ba
c
k
si
d
e
plus the
dt
h
f
th
ll
b
dep
th
of th
e we
ll
bor
e
zo
n
e
.
7
Se
t
b
a
c
k
s
Pr
o
p
o
s
e
d
Di
s
t
a
n
c
e
fr
o
m
dr
i
l
l
zo
n
e
to
pr
o
t
e
c
t
e
d
use.
•
60
0
fe
e
t
–b
a
s
e
li
n
e
mi
n
i
m
u
m
st
a
n
d
a
r
d
.
•
1,
0
0
0
fe
e
t
–v
o
l
u
n
t
a
r
y
an
d
re
s
u
l
t
s
in
th
e
re
l
a
x
a
t
i
o
n
of
so
m
e
re
g
u
l
a
t
i
o
n
s
an
d
wi
l
l
be
ea
s
i
e
r
fo
r
op
e
r
a
t
o
r
to
co
m
p
l
y
wi
t
h
qu
a
l
i
t
y
of
li
f
e
/
n
u
i
s
a
n
c
e
re
g
u
l
a
t
i
o
n
s
co
m
p
l
y
wi
t
h
qu
a
l
i
t
y
of
li
f
e
/
n
u
i
s
a
n
c
e
re
g
u
l
a
t
i
o
n
s
.8
Se
t
b
a
c
k
s
Pr
o
p
o
s
e
d
‐
co
n
t
i
n
u
e
d
Di
s
t
a
n
c
e
fr
o
m
dr
i
l
l
zo
n
e
to
pr
o
t
e
c
t
e
d
use
•
30
0
fe
e
t
–a
b
s
o
l
u
t
e
mi
n
i
m
u
m
se
t
b
a
c
k
.
Re
q
u
i
r
e
s
ap
p
r
o
v
a
l
fr
o
m
al
l
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
st
r
u
c
t
u
r
e
s
cl
o
s
e
r
th
a
n
60
0
fe
e
t
an
d
Bo
a
r
d
ap
p
r
o
v
a
l
.
Results in
mo
r
e
re
s
t
r
i
c
t
i
v
e
re
g
u
l
a
t
i
o
n
s
an
d
al
l
o
w
s
pr
o
p
e
r
t
y
mo
r
e
re
s
t
r
i
c
t
i
v
e
re
g
u
l
a
t
i
o
n
s
an
d
al
l
o
w
s
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
gr
e
a
t
e
r
po
t
e
n
t
i
a
l
of
ne
g
a
t
i
v
e
im
p
a
c
t
fr
o
m
we
l
l
oper
a
t
i
o
n
s
to
ne
got
i
a
t
e
di
r
e
c
t
l
y with the
p
g
y
op
e
r
a
t
o
r
fo
r
cr
e
a
t
i
v
e
op
t
i
o
n
s
to
ad
d
r
e
s
s
th
e
i
r
sp
e
c
i
f
i
c
co
n
c
e
r
n
s
.
9
Se
t
b
a
c
k
s
Pr
o
p
o
s
e
d
‐
co
n
t
i
n
u
e
d
Se
t
b
a
c
k
s
Pr
o
p
o
s
e
d
co
n
t
i
n
u
e
d
Di
s
t
a
n
c
e
fr
o
m
dr
i
l
l
zo
n
e
to
pr
o
t
e
c
t
e
d
use
•
Af
t
e
r
a Ga
s
We
l
l
Pa
d
Si
t
e
ha
s
be
e
n
ap
p
r
o
v
e
d
,
th
e
re
q
u
i
r
e
d
se
t
b
a
c
k
fr
o
m
fu
t
u
r
e
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
wi
l
l
be
30
0
fe
e
t
.
Th
i
s
re
d
u
c
t
i
o
n
al
l
o
w
s
fo
r
mo
r
e
op
t
i
o
n
s
fo
r
de
v
e
l
o
p
m
e
n
t
of
su
r
r
o
u
n
d
i
n
g
pr
o
p
e
r
t
i
e
s
.
10
Se
t
b
a
c
k
s
fr
o
m
ot
h
e
r
us
e
s
Se
t
b
a
c
k
s
fr
o
m
ot
h
e
r
us
e
s
•
Pr
o
p
o
s
e
d
di
s
t
a
n
c
e
fr
o
m
dr
i
l
l
zo
n
e
to
st
r
e
e
t
ri
g
h
t
‐of‐wa
y
is
20
0
fe
e
t
.
Hw
y
11
4
an
d
17
0
–
Al
s
o
re
q
u
i
r
e
s
10
0
fo
o
t
se
t
b
a
c
k
for the
Ga
s
We
l
l
pr
o
d
u
c
t
i
o
n
Si
t
e
pe
r
i
m
e
t
e
r
fe
n
c
e
fr
o
m
th
e
ri
g
h
t
‐of‐
wa
y
fo
r
la
n
d
s
c
a
p
e
in
th
e
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zo
n
e
.
Hw
y
37
7
–
Al
s
o
re
q
u
i
r
e
s
50
fo
o
t
se
t
b
a
c
k
fo
r
th
e
Ga
s
Well
Hw
y
37
7
–
Al
s
o
re
q
u
i
r
e
s
50
fo
o
t
se
t
b
a
c
k
fo
r
th
e
Ga
s
Well
pr
o
d
u
c
t
i
o
n
Si
t
e
pe
r
i
m
e
t
e
r
fe
n
c
e
fr
o
m
th
e
ri
g
h
t
‐of
‐wa
y
for
la
n
d
s
c
a
p
e
in
th
e
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zo
n
e
.
Al
l
ot
h
e
r
st
r
e
e
t
ri
g
h
t
‐of
‐wa
y
s
–
Th
e
pe
r
i
m
e
t
e
r
fence
mu
s
t
be
be
h
i
n
d
th
e
es
t
a
b
l
i
s
h
e
d
bu
i
l
d
i
n
g
se
t
b
a
c
k
li
n
e
for the
zo
n
i
n
g
di
s
t
r
i
c
t
zo
n
i
n
g
di
s
t
r
i
c
t
.
11
Se
t
b
a
c
k
s
fr
o
m
ot
h
e
r
pr
o
p
e
r
t
y
lines
d
h
an
d ot
her
st
r
u
c
t
u
r
e
s
•
Th
e
pr
o
p
o
s
e
d
re
q
u
i
r
e
m
e
n
t
fo
r
th
e
Dr
i
l
l
Zone
Th
e
pr
o
p
o
s
e
d
re
q
u
i
r
e
m
e
n
t
fo
r
th
e
Dr
i
l
l
Zone
to
be
a mi
n
i
m
u
m
of
75
fe
e
t
fr
o
m
th
e
pe
r
i
m
e
t
e
r
of
th
e
Ga
s
We
l
l
Pa
d
Si
t
e
al
o
n
g
with
pe
r
i
m
e
t
e
r
of
th
e
Ga
s
We
l
l
Pa
d
Si
t
e
, al
o
n
g
with
a mi
n
i
m
u
m
re
q
u
i
r
e
d
50
fo
o
t
se
p
a
r
a
t
i
o
n
of the
Ga
s
We
l
l
Pa
d
Si
t
e
pe
r
i
m
e
t
e
r
fe
n
c
e
fr
o
m
Ga
s
We
l
l
Pa
d
Si
t
e
pe
r
i
m
e
t
e
r
fe
n
c
e
fr
o
m
ad
j
a
c
e
n
t
pr
o
p
e
r
t
y
li
n
e
s
,
re
s
u
l
t
s
in
a mi
n
i
m
u
m
12
5
fo
o
t
se
t
b
a
c
k
fr
o
m
an
y
st
r
u
c
t
u
r
e
s
or
other
12
5
fo
o
t
se
t
b
a
c
k
fr
o
m
an
y
st
r
u
c
t
u
r
e
s
or
other
us
e
s
no
t
re
l
a
t
e
d
to
th
e
ga
s
we
l
l
dr
i
l
l
i
n
g
or
pr
o
d
u
c
t
i
o
n
op
e
r
a
t
i
o
n
s
pr
o
d
u
c
t
i
o
n
op
e
r
a
t
i
o
n
s
.
12
Se
t
b
a
c
k
s
‐
co
n
t
i
n
u
e
d
Se
t
b
a
c
k
s
co
n
t
i
n
u
e
d
•
Va
r
i
a
n
c
e
s
to
th
e
se
t
b
a
c
k
re
q
u
i
r
e
m
e
n
t
s
or
Va
r
i
a
n
c
e
s
to
th
e
se
t
b
a
c
k
re
q
u
i
r
e
m
e
n
t
s
, or
de
v
i
a
t
i
o
n
s
fr
o
m
an
y
ot
h
e
r
re
g
u
l
a
t
i
o
n
s
go
v
e
r
n
i
n
g
th
e
dr
i
l
l
i
n
g
an
d
pr
o
d
u
c
t
i
o
n
ofgas
go
v
e
r
n
i
n
g
th
e
dr
i
l
l
i
n
g
an
d
pr
o
d
u
c
t
i
o
n
of gas,
ma
y
be
au
t
h
o
r
i
z
e
d
du
r
i
n
g
th
e
Sp
e
c
i
f
i
c
Use
Pe
r
m
i
t
ap
p
r
o
v
a
l
pr
o
c
e
s
s
af
t
e
r
me
e
t
i
n
g
all
Pe
r
m
i
t
ap
p
r
o
v
a
l
pr
o
c
e
s
s
af
t
e
r
me
e
t
i
n
g
all
pr
e
r
e
q
u
i
s
i
t
e
s
an
d
re
c
e
i
v
i
n
g
a re
c
o
m
m
e
n
d
a
t
i
o
n
fr
o
m
th
e
Pl
a
n
n
i
n
g
an
d
Zo
n
i
n
g
Co
m
m
i
s
s
i
o
n
fr
o
m
th
e
Pl
a
n
n
i
n
g
an
d
Zo
n
i
n
g
Co
m
m
i
s
s
i
o
n
an
d
ap
p
r
o
v
a
l
by
th
e
Bo
a
r
d
of
Al
d
e
r
m
e
n
.
13
Dr
i
l
l
Zo
n
e
Se
t
b
a
c
k
s
Co
n
s
e
n
s
u
s
Dr
i
l
l
Zo
n
e
Se
t
b
a
c
k
s
Co
n
s
e
n
s
u
s
10
0
0
’
fr
o
m
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
–
ru
r
a
l
10
0
0
fr
o
m
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
ru
r
a
l
60
0
’
fr
o
m
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
–s
t
a
n
d
a
r
d
30
0
’
f
hb
i
b
l
hi
h
i
30
0
’
fro
m
habi
ta
bl
e st
r
u
c
t
u
r
e
s
–
hi
gh impact
(W
i
t
h
ap
p
r
o
v
a
l
of
al
l
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
located
cl
o
s
e
r
th
a
n
60
0
’
an
d
ap
p
r
o
v
a
l
fr
o
m
Bo
a
r
d
of
Al
d
e
r
m
e
n
)
75
’
fr
o
m
pr
o
p
e
r
t
y
li
n
e
un
l
e
s
s
ne
i
g
h
b
o
r
i
n
g
pro
per
t
y ow
n
e
r
app
ro
v
e
s
le
s
s
.
pp
y
pp
30
0
’
fr
o
m
ha
b
i
t
a
b
l
e
st
r
u
c
t
u
r
e
s
bu
i
l
t
af
t
e
r
the
We
l
l
Pa
d
Si
t
e
Pe
r
m
i
t
is
is
s
u
e
d
We
l
l
Pa
d
Si
t
e
Pe
r
m
i
t
is
is
s
u
e
d
.
14
Ro
a
d
w
a
y
Us
a
g
e
Ro
a
d
w
a
y
Us
a
g
e
Rd
It
/
Ri
t
•
Roa
dwa
y
Imp
r
o
v
e
m
e
n
t / Rep
a
ir ag
r
e
e
m
e
n
t
–
To
w
n
wi
l
l
ha
v
e
ro
a
d
w
a
y
s
al
o
n
g
th
e
ap
p
r
o
v
e
d
truck
t
d
f
it
b
i
l
i
t
f
b
h
ro
u
te as
s
e
s
s
e
d for
su
it
abi
l
i
t
y for
us
e
by heavy
tr
u
c
k
tr
a
f
f
i
c
an
d
de
t
e
r
m
i
n
e
if
ro
a
d
w
a
y
mu
s
t
be
im
p
r
o
v
e
d
pr
i
o
r
to
th
e
in
c
r
e
a
s
e
d
us
a
g
e
Re
p
a
i
r
or
im
p
r
o
v
e
d
pr
i
o
r
to
th
e
in
c
r
e
a
s
e
d
us
a
g
e
.
Re
p
a
i
r
or
re
p
l
a
c
e
m
e
n
t
co
s
t
s
wi
l
l
be
es
t
i
m
a
t
e
d
an
d
ar
r
a
n
gem
e
n
t
s
fo
r
payme
n
t
of
th
o
s
e
co
s
t
s
will be
g
py
ad
d
r
e
s
s
e
d
in
th
e
ag
r
e
e
m
e
n
t
.
15
Ro
a
d
w
a
y
Us
a
g
e
Ro
a
d
w
a
y
Us
a
g
e
•
Ap
p
r
o
v
e
d
tr
u
c
k
ro
u
t
e
s
–
Tr
u
c
k
ro
u
t
e
s
wi
l
l
be
Ap
p
r
o
v
e
d
tr
u
c
k
ro
u
t
e
s
Tr
u
c
k
ro
u
t
e
s
wi
l
l
be
ap
p
r
o
v
e
d
du
r
i
n
g
th
e
Ga
s
We
l
l
Pa
d
Si
t
e
pe
r
m
i
t
t
i
n
g
pr
o
c
e
s
s
.
–
En
c
o
u
r
a
g
e
us
e
of
St
a
t
e
ow
n
e
d
Hi
g
h
w
a
y
s
an
d
Ac
c
e
s
s
Ro
a
d
s
by reducing
ro
a
d
w
a
y
im
p
r
o
v
e
m
e
n
t
/
r
e
p
a
i
r
fe
e
s
if
to
w
n
ow
n
e
d
ro
a
d
s
ar
e
not used.
–
Pr
o
h
i
b
i
t
us
a
ge of
ce
r
t
a
i
n
ro
a
d
s
ba
s
e
d
on
sa
f
e
t
y co
n
s
i
d
e
r
a
t
i
o
n
s
, traffic
g
y
,
st
u
d
i
e
s
,
an
d
av
a
i
l
a
b
i
l
i
t
y
of
ot
h
e
r
ro
u
t
e
s
.
–
Co
o
r
d
i
n
a
t
e
ef
f
o
r
t
s
wi
t
h
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
to
re
g
u
l
a
t
e
tr
u
c
k
routes for
gas
we
l
l
si
t
e
s
lo
c
a
t
e
d
in
th
e
To
w
n
of
We
s
t
l
a
k
e
an
d
in
ne
i
ghb
o
r
i
n
g
g
gg
ci
t
i
e
s
.
16
Ro
a
d
w
a
y
Im
p
r
o
v
e
m
e
n
t
/
R
e
p
a
i
r
Ag
r
e
e
m
e
n
t
Co
n
s
e
n
s
u
s
Co
m
p
a
r
i
s
o
n
to
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
:
Co
m
p
a
r
i
s
o
n
to
ne
i
g
h
b
o
r
i
n
g
ci
t
i
e
s
:
Mo
s
t
ci
t
i
e
s
ha
v
e
Ro
a
d
w
a
y
us
e
ag
r
e
e
m
e
n
t
s
at this
ti
m
e
Th
e
un
i
q
u
e
n
e
s
s
of
th
e
To
w
n
of
We
s
t
l
a
k
e
ti
m
e
.
Th
e
un
i
q
u
e
n
e
s
s
of
th
e
To
w
n
of
We
s
t
l
a
k
e
re
l
a
t
i
v
e
to
co
n
d
i
t
i
o
n
of
ex
i
s
t
i
n
g
ro
a
d
w
a
y
s
,
access
to
St
a
t
e
ow
n
e
d
Ro
a
d
w
a
y
s
,
an
d
ou
r
fo
c
u
s
on
to
St
a
t
e
ow
n
e
d
Ro
a
d
w
a
y
s
,
an
d
ou
r
fo
c
u
s
on
mi
n
i
m
i
z
i
n
g
tr
u
c
k
tr
a
f
f
i
c
,
ma
k
e
s
a li
n
e
it
e
m
co
m
par
i
s
o
n
wi
t
h
ot
h
e
r
ci
t
i
e
s
im
pra
c
t
i
c
a
l
.
The
p
p
ag
r
e
e
m
e
n
t
wi
l
l
be
sp
e
c
i
f
i
c
to
ea
c
h
pr
o
j
e
c
t
and
wi
l
l
re
q
u
i
r
e
ap
p
r
o
v
a
l
by
th
e
Bo
a
r
d
of
Al
d
e
r
m
e
n
.
17
Wa
t
e
r
Su
p
p
l
y
Wa
t
e
r
Su
p
p
l
y
•
Fr
e
s
h
wa
t
e
r
su
p
p
l
y
fo
r
ga
s
dr
i
l
l
i
n
g
op
e
r
a
t
i
o
n
s
Fr
e
s
h
wa
t
e
r
su
p
p
l
y
fo
r
ga
s
dr
i
l
l
i
n
g
op
e
r
a
t
i
o
n
s
.
–
Wa
t
e
r
wi
l
l
no
t
be
pr
o
v
i
d
e
d
by
To
w
n
of
We
s
t
l
a
k
e
,
wi
t
h
o
u
t
a Wa
t
e
r
Su
pp
ly Agre
e
m
e
n
t
, be
c
a
u
s
e
the
pp
y
g
,
in
c
r
e
a
s
e
d
wa
t
e
r
de
m
a
n
d
co
u
l
d
re
s
u
l
t
in
th
e
peak
li
m
i
t
s
be
i
n
g
ex
c
e
e
d
e
d
an
d
a po
s
s
i
b
l
e
in
c
r
e
a
s
e
in
wa
t
e
r
fe
e
s
fo
r
al
l
We
s
t
l
a
k
e
wa
t
e
r
cu
s
t
o
m
e
r
s
wa
t
e
r
fe
e
s
fo
r
al
l
We
s
t
l
a
k
e
wa
t
e
r
cu
s
t
o
m
e
r
s
.
–
Fr
e
s
h
w
a
t
e
r
we
l
l
s
ma
y
be
dr
i
l
l
e
d
on
si
t
e
or
water
ma
y
be
tr
u
c
k
e
d
or
pi
p
e
d
in
an
d
st
o
r
e
d
on
site.
ma
y
be
tr
u
c
k
e
d
or
pi
p
e
d
in
an
d
st
o
r
e
d
on
site.
Tr
u
c
k
i
n
g
of
wa
t
e
r
in
or
ou
t
wi
l
l
re
q
u
i
r
e
a Roadway
Im
p
r
o
v
e
m
e
n
t
/
r
e
p
a
i
r
Ag
r
e
e
m
e
n
t
.
18
Wa
t
e
r
Su
p
p
l
y
Co
n
s
e
n
s
u
s
Wa
t
e
r
Su
p
p
l
y
Co
n
s
e
n
s
u
s
Fr
e
s
h
wa
t
e
r
mu
s
t
be
ob
t
a
i
n
e
d
fr
o
m
so
u
r
c
e
Fr
e
s
h
wa
t
e
r
mu
s
t
be
ob
t
a
i
n
e
d
fr
o
m
so
u
r
c
e
ot
h
e
r
th
a
n
th
e
mu
n
i
c
i
p
a
l
wa
t
e
r
su
p
p
l
y
unless
a
Wa
t
e
r
Su
p
p
l
y
Ag
r
e
e
m
e
n
t
is
ex
e
c
u
t
e
d
a Wa
t
e
r
Su
p
p
l
y
Ag
r
e
e
m
e
n
t
is
ex
e
c
u
t
e
d
.
W
d
il
l
b
db
Wat
e
r
st
o
r
a
g
e
po
n
ds wil
l
be en
c
o
u
r
a
g
e
d to be
es
t
a
b
l
i
s
h
e
d
as
pe
r
m
a
n
e
n
t
wa
t
e
r
fe
a
t
u
r
e
s
to be
il
d
d
i
h
id
ld
l
inc
luded in the re
q
u
ire
d lan
dsc
a
p
e
plan
.
19
Wa
s
t
e
Wa
t
e
r
Wa
s
t
e
Wa
t
e
r
•
Wa
s
t
e
wa
t
e
r
fr
o
m
Ga
s
we
l
l
dr
i
l
l
i
n
g
and
Wa
s
t
e
wa
t
e
r
fr
o
m
Ga
s
we
l
l
dr
i
l
l
i
n
g
and
pr
o
d
u
c
t
i
o
n
op
e
r
a
t
i
o
n
s
mu
s
t
be
di
s
p
o
s
e
d
of
pr
o
p
e
r
l
y
of
pr
o
p
e
r
l
y
.
–
Op
t
i
o
n
A is
to
ha
v
e
al
l
wa
t
e
r
tr
u
c
k
e
d
ou
t
of town
fo
r
di
s
pos
a
l
.
Mo
s
t
li
k
e
l
y th
e
wa
s
t
e
wi
l
l
be
pumped
p
y
pp
in
t
o
a ne
a
r
b
y
Sa
l
t
Wa
t
e
r
Di
s
p
o
s
a
l
We
l
l
.
–
Op
t
i
o
n
B is
to
pe
r
m
i
t
th
e
dr
i
l
l
i
n
g
of
a Sa
l
t
Water
il
ll
ih
i
h
f
lk
b
Disp
o
s
a
l We
ll
withi
n the To
w
n
of We
s
t
lake but
li
m
i
t
it
’
s
us
a
g
e
to
di
s
p
o
s
i
n
g
of
wa
t
e
r
pr
o
d
u
c
e
d
wi
t
h
i
n
th
e
To
w
n
of
We
s
t
l
a
k
e
.
wi
t
h
i
n
th
e
To
w
n
of
We
s
t
l
a
k
e
.
20
Wa
s
t
e
Wa
t
e
r
Co
n
s
e
n
s
u
s
Wa
s
t
e
Wa
t
e
r
Co
n
s
e
n
s
u
s
Opti
o
n
A is
to
ha
v
e
al
l
wa
t
e
r
tr
u
c
k
e
d
ou
t
of town
p
fo
r
di
s
p
o
s
a
l
.
Mo
s
t
li
k
e
l
y
th
e
wa
s
t
e
wi
l
l
be
pumped
in
t
o
a ne
a
r
b
y
Sa
l
t
Wa
t
e
r
Di
s
p
o
s
a
l
We
l
l
.
Op
t
i
o
n
B is
to
pe
r
m
i
t
th
e
dr
i
l
l
i
n
g
of
a Sa
l
t
Water
Di
s
p
o
s
a
l
We
l
l
wi
t
h
i
n
th
e
To
w
n
of
We
s
t
l
a
k
e
but
Di
s
p
o
s
a
l
We
l
l
wi
t
h
i
n
th
e
To
w
n
of
We
s
t
l
a
k
e
but
li
m
i
t
it
’
s
us
a
g
e
to
di
s
p
o
s
i
n
g
of
wa
t
e
r
pr
o
d
u
c
e
d
wi
t
h
i
n
th
e
To
w
n
of
We
s
t
l
a
k
e
.
Th
i
s
op
t
i
o
n
still
al
l
o
w
s
wa
s
t
e
wa
t
e
r
to
be
tr
u
c
k
e
d
ou
t
if
th
e
op
e
r
a
t
o
r
ch
o
o
s
e
s
to
do
so
.
21
Pe
r
m
i
t
t
i
n
g
Pe
r
m
i
t
t
i
n
g
•
Th
e
r
e
is
a
tw
o
pr
o
n
g
e
d
ap
p
r
o
a
c
h
to
re
g
u
l
a
t
i
n
g
Th
e
r
e
is
a tw
o
pr
o
n
g
e
d
ap
p
r
o
a
c
h
to
re
g
u
l
a
t
i
n
g
Ga
s
We
l
l
Dr
i
l
l
i
n
g
an
d
Pr
o
d
u
c
t
i
o
n
ac
t
i
v
i
t
i
e
s
re
qui
r
i
n
g tw
o
se
par
a
t
e
or
d
i
n
a
n
c
e
am
e
n
d
m
e
n
t
s
.
qg
p
–
Re
g
u
l
a
t
o
r
y
st
a
n
d
a
r
d
s
ar
e
si
m
i
l
a
r
to
th
e
Bu
i
l
d
i
n
g
Codes
as
th
e
y
re
l
a
t
e
to
ne
w
bu
i
l
d
i
n
g
s
.
De
a
l
i
n
g
wi
t
h
safety
an
d
op
e
r
a
t
i
o
n
a
l
fa
c
e
t
s
of
th
e
op
e
r
a
t
i
o
n
.
–
Zo
n
i
n
g
re
g
u
l
a
t
i
o
n
s
ar
e
us
e
d
to
re
g
u
l
a
t
e
th
e
La
n
d
Use
t
d
i
f
it
h
th
Mt
as
p
e
c
ts an
d ins
u
r
e
co
n
for
m
a
n
c
e
wit
h
th
e Master
Pl
a
n
s
fo
r
La
n
d
Us
e
,
Op
e
n
Sp
a
c
e
,
Th
o
r
o
u
g
h
f
a
r
e
s
,
and
Wa
t
e
r
& Se
w
e
r
Ut
i
l
i
t
i
e
s
.
22
Pe
r
m
i
t
t
i
n
g
Pe
r
m
i
t
t
i
n
g
•
Th
e
pr
o
p
o
s
e
d
Ga
s
We
l
l
Dr
i
l
l
i
n
g
an
d
Pr
o
d
u
c
t
i
o
n
Or
d
i
n
a
n
c
e
wi
l
l
co
v
e
r
th
e
re
g
u
l
a
t
o
r
y
st
a
n
d
a
r
d
s
an
d
wi
l
l
co
n
t
a
i
n
some
la
n
d
us
e
re
l
a
t
e
d
it
e
m
s
th
a
t
ar
e
sp
e
c
i
f
i
c
to
th
i
s
un
i
q
u
e
use.
•
To
ad
d
r
e
s
s
th
e
re
m
a
i
n
d
e
r
of
th
e
zo
n
i
n
g
re
l
a
t
e
d
is
s
u
e
s
,
an
or
d
i
n
a
n
c
e
wi
l
l
be
pr
o
p
o
s
e
d
to
am
e
n
d
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Zo
n
i
n
g
Or
d
i
n
a
n
c
e
to
pe
r
m
i
t
Ga
s
Dr
i
l
l
i
n
g
in
al
l
zo
n
i
n
g
di
s
t
r
i
c
t
s
wi
t
h
a Sp
e
c
i
f
i
c
Us
e
Pe
r
m
i
t
.
Al
l
Ga
s
We
l
l
Pa
d
Site
Pi
t
il
l
l
b
d
fl
l
i
ti
f
i
t
i
fll
Per
m
it
s wil
l
on
ly be ap
p
r
o
v
e
d foll
ow
ing
no
ti
f
i
ca
ti
on of all
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
i
n
1,
0
0
0
fe
e
t
an
d
a pu
b
l
i
c
he
a
r
i
n
g
be
f
o
r
e
th
e
Pl
a
n
n
i
n
g
an
d
Zo
n
i
n
g
Co
m
m
i
s
s
i
o
n
fo
l
l
o
w
e
d
by a
he
a
r
i
n
g
be
f
o
r
e
th
e
Bo
a
r
d
of
Al
d
e
r
m
e
n
he
a
r
i
n
g
be
f
o
r
e
th
e
Bo
a
r
d
of
Al
d
e
r
m
e
n
.
•
Ga
s
we
l
l
s
lo
c
a
t
e
d
wi
t
h
i
n
th
e
de
s
i
g
n
a
t
e
d
Dr
i
l
l
Zo
n
e
of an
ap
p
r
o
v
e
d
Ga
s
We
l
l
Pa
d
si
t
e
wi
l
l
be
pe
r
m
i
t
t
e
d
ad
m
i
n
i
s
t
r
a
t
i
v
e
l
y
ad
m
i
n
i
s
t
r
a
t
i
v
e
l
y
.
23
Pe
r
m
i
t
t
i
n
g
Ap
p
r
o
v
a
l
Pr
o
c
e
s
s
Co
n
s
e
n
s
u
s
Al
l
o
w
e
d
in
al
l
zo
n
i
n
g
di
s
t
r
i
c
t
s
wi
t
h
Sp
e
c
i
f
i
c
Use
Pe
r
m
i
t
Pe
r
m
i
t
.
Va
r
i
a
n
c
e
s
sh
o
u
l
d
ha
v
e
pr
e
r
e
q
u
i
s
i
t
e
s
th
a
t
must
be
me
t
pr
i
o
r
to
be
i
n
g
co
n
s
i
d
e
r
e
d
by
th
e
Board
of
Al
d
e
r
m
e
n
.
24
Fe
n
c
i
n
g
/
Sc
r
e
e
n
i
n
g
&
La
n
d
s
c
a
p
i
n
g
Fe
n
c
i
n
g
/ Sc
r
e
e
n
i
n
g
& La
n
d
s
c
a
p
i
n
g
Mu
n
i
c
i
p
a
l
i
t
y
Fe
n
c
e
re
q
u
i
r
e
m
e
n
t
s
Mu
n
i
c
i
p
a
l
i
t
y
Fe
n
c
e
re
q
u
i
r
e
m
e
n
t
s
Ke
l
l
e
r
8
'
,
wr
o
u
g
h
t
ir
o
n
,
tu
b
e
st
e
e
l
,
ma
s
o
n
r
y
,
or
a
co
m
b
i
n
a
t
i
o
n
‐
th
e
r
e
o
f
Ro
a
n
o
k
e
8'
ch
a
i
n
li
n
k
fe
n
c
e
Ro
a
n
o
k
e
8
ch
a
i
n
li
n
k
fe
n
c
e
Fo
r
t
Wo
r
t
h
6
’
ch
a
i
n
li
n
k
So
u
t
h
l
a
k
e
8'
ma
s
o
n
r
y
pe
r
i
m
e
t
e
r
wa
l
l
wi
t
h
8'
ch
a
i
n
l
i
n
k
a
n
d
ba
r
b
e
d
wi
r
e
in
s
i
d
e
pe
r
i
m
e
t
e
r
Tr
o
p
h
y
Cl
u
b
Re
m
o
v
a
b
l
e
ma
s
o
n
r
y
75
'
wi
t
h
wr
o
u
g
h
t
ir
o
n
Tr
o
p
h
y
Cl
u
b
Re
m
o
v
a
b
l
e
ma
s
o
n
r
y
7.5
wi
t
h
wr
o
u
g
h
t
ir
o
n
ga
t
i
n
g
/
P
e
r
m
a
n
e
n
t
ma
s
o
n
r
y
fe
n
c
i
n
g
al
o
n
g
th
o
r
o
u
g
h
f
a
r
e
Ar
g
y
l
e
8’
ma
s
o
n
r
y
co
l
u
m
n
s
/
w
r
o
u
g
h
t
ir
o
n
fe
n
c
i
n
g
We
s
t
l
a
k
e
8'
pe
r
i
m
e
t
e
r
wa
l
l
co
n
s
t
r
u
c
t
e
d
of
st
o
n
e
ca
s
t
st
o
n
e
or
We
s
t
l
a
k
e
8
pe
r
i
m
e
t
e
r
wa
l
l
co
n
s
t
r
u
c
t
e
d
of
st
o
n
e
, ca
s
t
st
o
n
e
or
sp
l
i
t
‐fa
c
e
co
n
c
r
e
t
e
ma
s
o
n
r
y
un
i
t
s
as
ap
p
r
o
v
e
d
by SUP.
Ev
e
r
g
r
e
e
n
sh
r
u
b
s
sh
a
l
l
be
pl
a
n
t
e
d
at
te
n
fo
o
t
spacing along
th
e
wa
l
l
.
25
Fe
n
c
i
n
g
/
Sc
r
e
e
n
i
n
g
&
La
n
d
s
c
a
p
i
n
g
Fe
n
c
i
n
g
/
Sc
r
e
e
n
i
n
g
& La
n
d
s
c
a
p
i
n
g
Mu
n
i
c
i
p
a
l
i
t
y
Sc
r
e
e
n
i
n
g
& La
n
d
s
c
a
p
i
n
g
Re
q
u
i
r
m
e
n
t
s
Ke
l
l
e
r
Ci
t
y
Co
u
n
c
i
l
&
Pl
a
n
n
i
n
g
an
d
Zo
n
i
n
g
di
s
c
r
e
t
i
o
n
Ke
l
l
e
r
Ci
t
y
Co
u
n
c
i
l
& Pl
a
n
n
i
n
g
an
d
Zo
n
i
n
g
di
s
c
r
e
t
i
o
n
Ro
a
n
o
k
e
3’
‐5’
sh
r
u
b
s
su
r
r
o
u
n
d
i
n
g
we
l
l
si
t
e
;
su
b
j
e
c
t
to
Ga
s
In
s
p
e
c
t
o
r
ap
p
r
o
v
a
l
Fo
r
t
Wo
r
t
h
40
%
tr
e
e
ca
n
o
p
y
fo
r
we
l
l
s
20
0
’
‐60
0
’
fr
o
m
PU
.
30
%
;
60
0
’
10
0
0
’
30
%
;
60
0
‐10
0
0
So
u
t
h
l
a
k
e
Su
b
j
e
c
t
to
SU
P
;
th
i
r
d
pa
r
t
y
la
n
d
s
c
a
p
e
ma
i
n
t
e
n
a
n
c
e
co
n
t
r
a
c
t
re
q
u
i
r
e
d
Tr
o
p
h
y
Cl
u
b
Su
b
j
e
c
t
to
SU
P
.
Ar
g
y
l
e
Su
i
t
a
b
l
e
sc
r
e
e
n
i
n
g
sh
r
u
b
s
su
b
j
e
c
t
to
SU
P
.
We
s
t
l
a
k
e
Mi
n
i
m
u
m
st
a
n
d
a
r
d
s
re
q
u
i
r
e
co
m
p
l
i
a
n
c
e
wi
t
h
th
e
La
n
d
s
c
a
p
e
De
v
e
l
o
p
m
e
n
t
St
a
n
d
a
r
d
s
of the
Un
i
f
i
e
d
De
v
e
l
o
p
m
e
n
t
Co
d
e
.
Th
e
en
t
i
r
e
pe
r
i
m
e
t
e
r
of
th
e
si
t
e
wi
l
l
be
re
q
u
i
r
e
d
to
be
landscaped as
a Ro
a
d
w
a
y
la
n
d
s
c
a
p
e
Zo
n
e
ex
c
e
p
t
fo
r
po
r
t
i
o
n
s
lo
c
a
t
e
d
in
,
an
d
me
e
t
i
n
g
th
e
re
q
u
i
r
e
m
e
n
t
s
for, a
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zo
n
e
.
A mi
n
i
m
u
m
fo
r
t
y
fo
o
t
wi
d
e
ar
e
a
ar
o
u
n
d
th
e
pe
r
i
m
e
t
e
r
mu
s
t
be
la
n
d
s
c
a
p
e
d
in
al
l
ca
s
e
s
.
In
th
e
SU
P
ap
p
r
o
v
a
l
pr
o
c
e
s
s
th
e
Bo
a
r
d
ma
y
al
l
o
w
de
l
a
y
e
d
in
s
t
a
l
l
a
t
i
o
n
of
la
n
d
s
c
a
p
i
n
g
for Rural Pad
Si
t
e
s
or
re
q
u
i
r
e
ad
d
i
t
i
o
n
a
l
la
n
d
s
c
a
p
i
n
g
or
sc
r
e
e
n
i
n
g
ba
s
e
d
on
ne
i
g
h
b
o
r
i
n
g
us
e
s
or
ot
h
e
r
concerns.
Ro
a
d
w
a
y
s
or
se
r
v
i
c
e
ro
a
d
s
ma
y
be
re
q
u
i
r
e
d
to
be
sc
r
e
e
n
e
d
or
la
n
d
s
c
a
p
e
d
if
cl
o
s
e
r
than 300 ft.
fr
o
m
a pr
o
t
e
c
t
e
d
us
e
.
26
Ro
a
d
w
a
y
la
n
d
s
c
a
p
e
Zo
n
e
Ro
a
d
w
a
y
la
n
d
s
c
a
p
e
Zo
n
e
•
c)
Zo
n
e
wi
d
t
h
.
Th
e
wi
d
t
h
of
th
e
la
n
d
s
c
a
p
e
zo
n
e
is
me
a
s
u
r
e
d
from
th
ti
d
d
f
th
tt
t
t
th
id
bildi
th
e ou
tsid
e edge
of th
e stre
e
t pa
v
e
m
e
n
t to th
e re
q
u
ire
d building
se
t
b
a
c
k
li
n
e
on
bo
t
h
si
d
e
s
of
th
e
st
r
e
e
t
.
•
(d
)
La
n
d
s
c
a
p
e
re
q
u
i
r
e
m
e
n
t
.
•
(1
)
Tr
e
e
de
n
s
i
t
y
A
mi
n
i
m
u
m
of
si
x
tr
e
e
s
ar
e
re
q
u
i
r
e
d
pe
r
100
•
(1
)
Tr
e
e
de
n
s
i
t
y
.
A mi
n
i
m
u
m
of
si
x
tr
e
e
s
ar
e
re
q
u
i
r
e
d
pe
r
100
li
n
e
a
r
fe
e
t
of
la
n
d
s
c
a
p
e
zo
n
e
on
ea
c
h
si
d
e
of
th
e
ro
a
d
w
a
y
,
which
ma
y
be
pl
a
n
t
e
d
an
y
w
h
e
r
e
wi
t
h
i
n
th
e
ro
a
d
w
a
y
la
n
d
s
c
a
p
e
zone.
Cr
e
d
i
t
wi
l
l
be
gi
v
e
n
fo
r
ma
i
n
t
a
i
n
i
n
g
ex
i
s
t
i
n
g
tr
e
e
s
of
eq
u
a
l
or greater
si
z
e
wh
i
c
h
ar
e
li
s
t
e
d
in
th
e
to
w
n
'
s
ap
p
r
o
v
e
d
pl
a
n
t
li
s
t
in
appendix D.
•
(2
)
Tr
e
e
si
z
e
.
Th
e
r
e
sh
a
l
l
be
a mi
n
i
m
u
m
of
60
pe
r
c
e
n
t
la
r
g
e
trees
wi
t
h
th
e
re
m
a
i
n
d
e
r
be
i
n
g
sm
a
l
l
tr
e
e
s
.
Tr
e
e
si
z
e
s
an
d
me
a
s
u
r
e
m
e
n
t
sh
a
l
l
co
n
f
o
r
m
to
se
c
t
i
o
n
98
11
0
ac
c
e
p
t
a
b
l
e
la
n
d
s
c
a
p
e
ma
t
e
r
i
a
l
s
sh
a
l
l
co
n
f
o
r
m
to
se
c
t
i
o
n
98
‐11
0
, ac
c
e
p
t
a
b
l
e
la
n
d
s
c
a
p
e
ma
t
e
r
i
a
l
s
.27
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zo
n
e
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zo
n
e
(c
)
La
n
d
s
c
a
p
e
tr
e
a
t
m
e
n
t
of
to
w
n
ed
g
e
zo
n
e
s
(c
)
La
n
d
s
c
a
p
e
tr
e
a
t
m
e
n
t
of
to
w
n
ed
g
e
zo
n
e
s
.
(1
)
Al
t
e
r
n
a
t
i
v
e
tr
e
a
t
m
e
n
t
s
.
To
w
n
ed
g
e
open
sp
a
c
e
zo
n
e
s
ma
y
be
tr
e
a
t
e
d
in
on
e
of
tw
o
sp
a
c
e
zo
n
e
s
ma
y
be
tr
e
a
t
e
d
in
on
e
of
tw
o
wa
y
s
:
by
ea
r
t
h
be
r
m
, or
fo
r
e
s
t
e
d
ed
g
e
, as set
ou
t
in
su
b
s
e
c
t
i
o
n
s
(c
)
(
2
)
an
d
(c
)
(
3
)
of
th
i
s
ou
t
in
su
b
s
e
c
t
i
o
n
s
(c
)
(
2
)
an
d
(c
)
(
3
)
of
th
i
s
se
c
t
i
o
n
.
28
Ea
r
t
h
Be
r
m
Ea
r
t
h
Be
r
m
(2
)
Ea
r
t
h
be
r
m
.
St
t
Hi
h
11
4
d
17
0
O
St
t
Hi
h
11
4
d
17
0
th
th
b
a.
St
ate Hi
ghwa
y
11
4
an
d 17
0
.
On St
ate Hi
ghwa
y
11
4
an
d 17
0
th
e ea
r
th
bermmay
va
r
y
in
wi
d
t
h
an
d
he
i
g
h
t
,
an
d
sh
a
l
l
ha
v
e
a ma
x
i
m
u
m
5:
1
sl
o
p
e
fr
o
m
th
e
property
li
n
e
to
th
e
ri
d
g
e
li
n
e
an
d
a ma
x
i
m
u
m
3:
1
sl
o
p
e
fr
o
m
th
e
ri
d
g
e
li
n
e
to
the setback
li
n
e
.
Th
e
be
r
m
s
h
a
l
l
be
a mi
n
i
m
u
m
he
i
g
h
t
of
11
fe
e
t
.
b
Hi
g
h
w
a
y
37
7
On
Hi
g
h
w
a
y
37
7
th
e
ea
r
t
h
be
r
m
ma
y
va
r
y
in
wi
d
t
h
an
d
heightand
b.
Hi
g
h
w
a
y
37
7
.
On
Hi
g
h
w
a
y
37
7
th
e
ea
r
t
h
be
r
m
ma
y
va
r
y
in
wi
d
t
h
an
d
height, and
sh
a
l
l
ha
v
e
a ma
x
i
m
u
m
5:
1
sl
o
p
e
fr
o
m
th
e
pr
o
p
e
r
t
y
li
n
e
to
th
e
ri
d
g
e
li
n
e
and a
ma
x
i
m
u
m
3:
1
sl
o
p
e
fr
o
m
th
e
ri
d
g
e
li
n
e
to
th
e
ba
c
k
s
i
d
e
of
th
e
ea
s
e
m
e
n
t
.
The berm
sh
a
l
l
be
a mi
n
i
m
u
m
he
i
g
h
t
of
si
x
fe
e
t
.
c
Wi
l
d
f
l
o
w
e
r
s
Wi
l
d
f
l
o
w
e
r
s
sh
a
l
l
be
pl
a
n
t
e
d
al
o
n
g
ea
r
t
h
be
r
m
s
co
n
s
i
s
t
e
n
t
withthe
c.
Wi
l
d
f
l
o
w
e
r
s
.
Wi
l
d
f
l
o
w
e
r
s
sh
a
l
l
be
pl
a
n
t
e
d
al
o
n
g
ea
r
t
h
be
r
m
s
co
n
s
i
s
t
e
n
t
with the
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
.
d.
Tr
e
e
s
.
Tr
e
e
s
sh
a
l
l
be
pl
a
n
t
e
d
al
o
n
g
th
e
ea
r
t
h
be
r
m
c
o
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
in
th
e
fo
l
l
o
w
i
n
g
ma
n
n
e
r
:
1
Qu
a
n
t
i
t
y
Th
e
r
e
sh
a
l
l
be
a
mi
n
i
m
u
m
of
17
tr
e
e
s
pe
r
10
0
0
0
sq
u
a
r
e
fe
e
t
ofthearea
1.
Qu
a
n
t
i
t
y
.
Th
e
r
e
sh
a
l
l
be
a mi
n
i
m
u
m
of
17
tr
e
e
s
pe
r
10
,00
0
sq
u
a
r
e
fe
e
t
of the area
me
a
s
u
r
e
d
fr
o
m
th
e
to
p
of
th
e
be
r
m
t
o
th
e
ed
g
e
of
th
e
to
w
n
ed
g
e
op
e
n
space zone
cl
o
s
e
s
t
to
th
e
in
t
e
r
i
o
r
of
th
e
lo
t
.
2.
Si
z
e
.
Si
x
t
y
pe
r
c
e
n
t
of
th
e
tr
e
e
s
sh
a
l
l
be
a mi
n
i
m
u
m
th
r
e
e
‐in
c
h
ca
l
i
p
e
r
,
and 40
per
c
e
n
t
sh
a
l
l
be
a mi
n
i
m
u
m
tw
o
‐in
c
h
ca
l
i
per
.
p
p
29
Fo
r
e
s
t
e
d
Ed
g
e
Fo
r
e
s
t
e
d
Ed
g
e
•
3)
Fores
t
e
d
ed
g
e
.
As an alte
rn
at
iv
e to
creating
3)
oe
s
t
e
d
ed
g
e
.
s
a
at
e
a
t
e
to
ce
a
t
g
an
ea
r
t
h
be
r
m
,
a fo
r
e
s
t
e
d
ed
g
e
ma
y
be
cr
e
a
t
e
d
wh
i
c
h
in
c
l
u
d
e
s
:
•
a.
A
mi
n
i
m
u
m
of
17
tr
e
e
s
pe
r
10
,
0
0
0
sq
u
a
r
e
feet
ov
e
r
th
e
en
t
i
r
e
to
w
n
ed
g
e
op
e
n
sp
a
c
e
zo
n
e
per
i
d
ti
di
b
d
i
bt
i
size
an
d pr
o
p
o
r
ti
on
des
c
r
ib
ed in su
bse
c
ti
on
(c
)
(
2
)
d
of
th
i
s
se
c
t
i
o
n
.
•
b
Wi
l
d
f
l
o
w
e
r
s
mu
s
t
be
pr
o
v
i
d
e
d
ov
e
r
25
•
b.
Wi
l
d
f
l
o
w
e
r
s
mu
s
t
be
pr
o
v
i
d
e
d
ov
e
r
25
pe
r
c
e
n
t
of
th
e
to
w
n
ed
g
e
op
e
n
sp
a
c
e
zo
n
e
ad
jac
e
n
t
to
th
e
hi
ghw
a
y.
j
gy
30
Fe
n
c
i
n
g
/
Sc
r
e
e
n
i
n
g
&
La
n
d
s
c
a
p
i
n
g
Fe
n
c
i
n
g
/
Sc
r
e
e
n
i
n
g
& La
n
d
s
c
a
p
i
n
g
Co
n
s
e
n
s
u
s
Mi
n
i
m
u
m
40
’
la
n
d
s
c
a
p
e
bu
f
f
e
r
zo
n
e
d
i
ar
o
u
n
d pe
r
ime
t
e
r
.
Mu
s
t
me
e
t
Ro
a
d
w
a
y
op
e
n
sp
a
c
e
la
n
d
s
c
a
p
e
re
q
u
i
r
e
m
e
n
t
s
en
t
i
r
e
l
y
ar
o
u
n
d
pe
r
i
m
e
t
e
r
,
ev
e
n
wh
e
n
no
t
ad
j
a
c
e
n
t
to
ro
a
d
w
a
y
.
Mu
s
t
me
e
t
To
w
n
Ed
g
e
Op
e
n
Sp
a
c
e
Zone
la
n
d
s
c
a
pe re
qui
r
e
m
e
n
t
s
wh
e
n
app
li
c
a
b
l
e
.
p
q
pp
31
No
i
s
e
Li
m
i
t
a
t
i
o
n
s
No
i
s
e
Li
m
i
t
a
t
i
o
n
s
Mu
n
i
c
i
p
a
l
i
t
y
St
a
n
d
a
r
d
s
Ke
l
l
e
r
9
0
db
/
3
0
0
fe
e
t
Ro
a
n
o
k
e
7
8
db
/
3
0
0
fe
e
t
–8
5
du
r
i
n
g
fr
a
c
i
n
g
Fo
r
t
Wo
r
t
h
*
5
db
/
d
a
y
t
i
m
e
or
3 db
/
n
i
g
h
t
t
i
m
e
‐
10
db
/
d
a
y
t
i
m
e
or 5
db
/ni
ght
t
i
m
e
du
r
i
n
g fr
a
c
i
n
g
/g
g
g
So
u
t
h
l
a
k
e
*
5
db
/
d
a
y
t
i
m
e
or
3 db
/
n
i
g
h
t
t
i
m
e
‐
10
db
/
d
a
y
t
i
m
e
or 5
db
/
n
i
g
h
t
t
i
m
e
du
r
i
n
g
fr
a
c
i
n
g
Tr
o
p
h
y
Cl
u
b
7
0
db
/
3
0
0
fe
e
t
‐
80
du
r
i
n
g
fr
a
c
i
n
g
Ar
g
y
l
e
90
db
/
3
0
0
fe
e
t
Ar
g
y
l
e
90
db
/
3
0
0
fe
e
t
We
s
t
l
a
k
e
cu
r
r
e
n
t
9
0
db
/
3
0
0
fe
e
t
We
s
t
l
a
k
e
5
db
/
d
a
y
t
i
m
e
or
3 db
/
n
i
g
h
t
t
i
m
e
‐
10
db
/
d
a
y
t
i
m
e
or 5
db
/
n
i
g
h
t
t
i
m
e
du
r
i
n
g
fr
a
c
i
n
g
.
85
db
ma
x
.
* Wh
e
n
me
a
s
u
r
e
d
at
th
e
ne
a
r
e
s
t
Pr
o
t
e
c
t
e
d
Us
e
re
c
e
i
v
e
r
'
s
/
r
e
c
e
p
t
o
r
'
s
pr
o
p
e
r
t
y
line or
on
e
hu
n
d
r
e
d
(I
O
O
)
fe
e
t
fr
o
m
th
e
ne
a
r
e
s
t
Pr
o
t
e
c
t
e
d
Us
e
st
r
u
c
t
u
r
e
.
32
Cu
r
r
e
n
t
No
i
s
e
li
m
i
t
a
t
i
o
n
s
Cu
r
r
e
n
t
No
i
s
e
li
m
i
t
a
t
i
o
n
s
Se
c
.
10
2
‐18
3
.
N
o
i
s
e
.
(a
)
Me
a
s
u
r
e
m
e
n
t
.
Me
a
s
u
r
e
m
e
n
t
of
no
i
s
e
sh
a
l
l
be
made at
th
e
re
s
i
d
e
n
t
i
a
l
pr
o
p
e
r
t
y
li
n
e
wi
t
h
a so
u
n
d
le
v
e
l
me
t
e
r
and
oc
t
a
v
e
ba
n
d
an
a
l
y
z
e
r
me
e
t
i
n
g
th
e
st
a
n
d
a
r
d
s
pr
e
s
c
r
i
b
e
d
by
th
e
Am
e
r
i
c
a
n
St
a
n
d
a
r
d
s
As
s
o
c
i
a
t
i
o
n
.
(b
)
No
i
s
e
le
v
e
l
at
re
s
i
d
e
n
t
i
a
l
pr
o
p
e
r
t
y
li
n
e
s
.
(1
)
Ni
g
h
t
t
i
m
e
no
i
s
e
le
v
e
l
.
No
i
s
e
le
v
e
l
s
sh
a
l
l
no
t
ex
c
e
e
d
49
(1
)
Ni
g
h
t
t
i
m
e
no
i
s
e
le
v
e
l
.
No
i
s
e
le
v
e
l
s
sh
a
l
l
no
t
ex
c
e
e
d
49
dB
A
a
t
a re
s
i
d
e
n
t
i
a
l
pr
o
p
e
r
t
y
li
n
e
be
t
w
e
e
n
7:
0
0
p.
m
.
and
7:
0
0
a.
m
.
(2
)
Da
y
t
i
m
e
no
i
s
e
le
v
e
l
.
No
i
s
e
le
v
e
l
s
sh
a
l
l
no
t
ex
c
e
e
d
56dBA
(2
)
Da
y
t
i
m
e
no
i
s
e
le
v
e
l
.
No
i
s
e
le
v
e
l
s
sh
a
l
l
no
t
ex
c
e
e
d
56 dBA
at
a re
s
i
d
e
n
t
i
a
l
pr
o
p
e
r
t
y
li
n
e
.
(3
)
Oc
t
a
v
e
ba
n
d
st
a
n
d
a
r
d
s
.
No
i
s
e
in
an
y
oc
t
a
v
e
ba
n
d
shall
no
t
ex
c
e
e
d
st
a
n
d
a
r
d
s
se
t
ou
t
in
Fi
g
u
r
e
1:
no
t
ex
c
e
e
d
st
a
n
d
a
r
d
s
se
t
ou
t
in
Fi
g
u
r
e
1:
33
FI
G
U
R
E
1 NO
I
S
E
ST
A
N
D
A
R
D
S
At
no
po
i
n
t
al
o
n
g
th
e
bo
u
n
d
i
n
g
pr
o
p
e
r
t
y
li
n
e
of
an
y
lo
t
or
pa
r
c
e
l
in
a re
s
i
d
e
n
t
i
a
l
di
s
t
r
i
c
t
sh
a
l
l
the sound
pr
e
s
s
u
r
e
le
v
e
l
of
an
y
op
e
r
a
t
i
o
n
or
ac
t
i
v
i
t
y
ex
c
e
e
d
th
e
de
c
i
b
e
l
li
m
i
t
s
sp
e
c
i
f
i
e
d
in
th
e
oc
t
a
v
e
band groups
de
s
i
g
n
a
t
e
d
in
th
e
fo
l
l
o
w
i
n
g
ta
b
l
e
:
de
s
i
g
n
a
t
e
d
in
th
e
fo
l
l
o
w
i
n
g
ta
b
l
e
:
Oc
t
a
v
e
Ba
n
d
Ra
n
g
e
(c
p
s
)
De
c
i
b
e
l
Ba
n
d
L
i
m
i
t
(d
B
re
0.
0
0
0
2
mi
c
r
o
b
a
r
)
37
75
80
37
‐‐
75
80
75
‐‐
15
0
6
8
15
0
‐‐
30
0
6
1
30
0
‐‐
60
0
5
5
60
0
‐‐
12
0
0
5
1
12
0
0
‐‐
24
0
0
48
12
0
0
24
0
0
48
24
0
0
‐‐
48
0
0
4
5
48
0
0
‐‐
96
0
0
4
3
A sc
a
l
e
(f
o
r
mo
n
i
t
o
r
i
n
g
pu
r
p
o
s
e
s
on
l
y
)
5
6
No
i
s
e
le
v
e
l
ad
j
u
s
t
m
e
n
t
s
:
Ni
g
h
t
t
i
m
e
no
i
s
e
‐‐
7 p.
m
.
an
d
7:
0
0
a.
m
.
s
u
b
t
r
a
c
t
7 db
Im
p
u
l
s
i
v
e
no
i
s
e
s
u
b
t
r
a
c
t
7 db
(M
e
t
e
r
re
a
d
i
n
g
ch
a
n
g
e
s
at
a ra
t
e
gr
e
a
t
e
r
th
a
n
te
n
db
pe
r
se
c
o
n
d
)
34
De
c
i
b
e
l
Le
v
e
l
Ex
a
m
p
l
e
s
De
c
i
b
e
l
Le
v
e
l
Ex
a
m
p
l
e
s
Th
r
e
s
h
o
l
d
of
he
a
r
i
n
g
0
dB
Th
r
e
s
h
o
l
d
of
he
a
r
i
n
g
..
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0 dB
Ou
t
d
o
o
r
s
,
no
pe
o
p
l
e
or
tr
a
f
f
i
c
.
.
.
.
.
.
.
.
.
.
2
0
dB
Ba
c
k
g
r
o
u
n
d
no
i
s
e
in
a
li
b
r
a
r
y
4
0
dB
Ba
c
k
g
r
o
u
n
d
no
i
s
e
in
a li
b
r
a
r
y
..
.
.
.
.
.
.
.
.
.
40
dB
Or
d
i
n
a
r
y
sp
e
a
k
i
n
g
vo
i
c
e
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
6
0
dB
He
a
v
y
tr
a
f
f
i
c
8
5
dB
He
a
v
y
tr
a
f
f
i
c
..
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
85
dB
Po
w
e
r
la
w
n
m
o
w
e
r
up
cl
o
s
e
.
.
.
.
.
.
.
.
.
.
.
.
.
9
0
dB
So
u
r
c
e
–U
n
i
t
e
d
St
a
t
e
s
De
p
a
r
t
m
e
n
t
of
En
e
r
g
y
35
No
i
s
e
Le
v
e
l
Co
n
s
e
n
s
u
s
No
i
s
e
Le
v
e
l
Co
n
s
e
n
s
u
s
Am
b
i
e
n
t
no
i
s
e
le
v
e
l
+
Am
b
i
e
n
t
no
i
s
e
le
v
e
l
5
db
/
d
a
y
t
i
m
e
or
3
db
/
n
i
g
h
t
t
i
m
e
5 db
/
d
a
y
t
i
m
e
or
3 db
/
n
i
g
h
t
t
i
m
e
10
db
/
d
t
i
5
db
/
i
h
t
t
i
di
10
db
/
d
ay
ti
me
or
5 db
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36
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and safe. 37
Cu
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Ga
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Oi
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Or
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Op
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pr
o
v
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for
h
f
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d
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i
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the sa
fet
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of oil
or
ga
s
we
ll
dril
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d
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fr
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g
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c
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th
e
oper
a
t
i
o
n
a
l
y
p
ar
e
a
of
th
e
ri
g
.
38
Li
g
h
t
i
n
g
st
a
n
d
a
r
d
s
Co
n
s
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n
s
u
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Li
g
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g
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a
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a
l
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co
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f
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to
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ou
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safe.
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n
n
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sh
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on
pu
b
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or
ad
jac
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n
t
pro
per
t
y an
d
sh
i
e
l
d
e
d
so
no
glare on
j
pp
y
g
pu
b
l
i
c
ro
a
d
s
or
bu
i
l
d
i
n
g
s
wi
t
h
i
n
30
0
fe
e
t
.
39
1
Notes from the Town of Westlake
Oil and Gas Public Information Meeting
November 11, 2008, at 7:00 p.m.
Please know that the notes below are not intended to reflect actual minutes
but rather a compilation of questions asked at the meeting.
Town Staff in attendance: Tom Brymer, Eddie Edwards, Don Wilson, Ginger Awtry
Residents in attendance: Kenny Rogers, Bob Timmerman, Leah Rennhack, Teresa
Walton, Stephen Thornton, Stephen Johnson, Bill Frey, Gary and Becky Sublette, Allen
Heath, and Julie Timmerman.
Landowners, Developers and Industry Representatives in attendance: Tom
Allen, Mark Rollins, Johnie Daniel, Lucas Knickerbocker, Matt Landry, Craig Schkade,
Mary Curliss Patton, Linda Pavlik, and Kelly Van Buren
Town Manager Tom Brymer opened the meeting with an introduction of Town Staff and
explained the purpose of this public information meeting, specifically answering
residents Bob Timmerman and Kenny Rogers inquiry as to why the Board of Aldermen
were not present. Tom explained that this was not posted as an open meeting as that was
not the purpose of this informational meeting. He reiterated that the citizens would have
several opportunities to voice their opinions and concerns to the Board as there will be
several public meetings regarding Oil and Gas drilling. This meeting was simply to
provide citizens with information regarding our status with the proposed ordinance,
proposed zoning, provide general information regarding the oil/gas process, answer
questions and receive public input of concerns.
Director of Planning and Development Eddie Edwards began his power point
presentation, following an outline that was provided and expanded on each of the points
presented. The meeting was opened up for a question and answer session.
There was much discussion and participation from the audience throughout the
presentation and during the question and answer session. The topics of discussion and
questions are summarized as follows:
Setbacks:
Do we know what the setbacks are for Trophy Club? Will our setbacks be measured to
property line or to structure? -Gary Sublette
Are there any setbacks for the water ponds? Any water storage allowed within 75 feet of
your property? – Allen Heath
2
Setbacks (con’t):
What is the definition of a rural well? What is the difference in a 600 ft. setback vs. 1000
ft. setback and the standards surrounding each? – Gary Sublette
What data did other cities use to base their setback requirements? What is considered a
safe distance? What are the hazards associated with each setback? How can we best
protect both current and future residents? – Teresa Walton
Feels if the Town implements a 1000 ft. setback prior to development, then someone
could be allowed to request a closer setback post-development and that would not
discourage development. – Steve Johnson
If we do impose a 1000 ft. setback because we feel it is safer, would it not make sense to
allow the variance request option on an individual basis for a lower setback? – Becky
Sublette
If we have roughly 6 to 7 square miles of land in Westlake, wouldn’t the 1000 ft. setback
allow 72 acres for drilling? Why is that not enough? - Kenny Rogers
Feels if we approve a 300 ft to 600 ft setback, then all wells will cluster around
residential areas. – Bob Timmerman
Stated he certainly understands the safety concerns but warned that the safety factors are
arbitrary. – Mark Rollins
Waste Water Disposal:
Are we going to limit the disposal of the salt water to the amounts removed? Will this
apply to the drilling salt water only or to the golf course as well? How does Hillwood
handle the water disposal on their other gas wells? Will a permit be required for the waste
water disposal wells if implemented? – Leah Rennhack
What have we researched regarding the waste water wells? What are the life spans? Will
they contaminate our water supply in the future? What is the effect 100 years from now?
Just how safe are they? - Julie Timmerman
Will the waste water go back into the shale? Have we explored reverse osmosis and do
we have the ability to impose a RO system? Can we impose the salt water back to the
shale or can they put it anywhere? How long have the salt water disposal wells been in
use? What about geological shifting of the shale? Has this happened? What data do we
have regarding how the wells are holding up over time? - Bob Timmerman
Feels this process presents a great potential for something to go wrong. Do we know of
any earthquakes associated with drilling? Any known contamination to the water supply
from the disposal wells? – Kenny Rogers
3
Pipelines:
With the safety concerns and issues of a pipeline, prefers the Town to require the water to
be trucked out. – Becky Sublette
Reiterated that if pad sites/wells are placed along the highway, all would be better served
to truck the water out with the highway access. – Steve Johnson
Likes the idea to require the waste water be piped to a disposal well, below the shale. -
Stephen Thornton
Tanks and Equipment
Will water reservoir and/or tanks be allowed and at what height? –Bob Timmerman
Noise, Lighting, General Aesthetics:
At what point will we measure noise? Regarding lighting standards, what is our definition
of glare? – Allen Heath
Drilling:
Once a well is in production, can they come back and re-drill or re-frac? – Becky Sublette
How many wells can or will be allowed to put on a pad site? Would we have the same
problems and/or issues every time they come back to drill again? Is there a time frame or
limit on the SUP permit? How big can a pad site be? Is there a reason that the drilling
sites that we have heard about are not located along SH 114? - Kenny Rogers
Specific Use Permit (SUP) process:
What is the process for an SUP and will they be allowed more than one well site per
SUP? Will they have to come back for a Public Hearing and another SUP every time they
want to drill another well on the site? – Julie Timmerman
General Safety:
Bob Timmerman asked to present information to audience regarding a well blow out in
Palo Pinto County and compare to Town’s proposed ordinance standards and safety
factors. Mark Rollins of Hillwood Energy stated that this well was not in the Barnett
Shale and shared the circumstances surrounding this accident to his knowledge.
We seem to be holding all other technical standards to a higher standard, but not safety?
Why is that? – Kenny Rogers
4
General Safety(con’t):
Why would we have lower standards than Southlake or Trophy Club? Aren’t our
property values comparable or higher in some cases? Feels the safety factors should be
higher concern than lighting and noise – Leah Rennhack
Misc/General Comments:
Landowners’ rights: Stated it appears a landowner’s rights are diminishing over time; he
does share in the concerns discussed tonight. – Stephen Thornton
What is the goal/timeline for completion of this drilling ordinance? – Bill Frey Sr.
Once the ordinance is finalized and the wells are producing, will the Town stand to gain
any monetary benefit? Other than one-time fees? Can the Town obtain some sort of on-
going benefit? - Steve Johnson
Do we have the mineral rights of any Town owned property, e.g. Right-of-Ways or
roads? - Allen Heath
3. FUTURE AGENDA ITEMS: Any Council member may request at a workshop
and / or Council meeting, under “Future Agenda Item Requests”, an agenda item
for a future Council meeting. The Council member making the request will
contact the Town Manager with the requested item and the Town Manager will
list it on the agenda. At the meeting, the requesting Council member will explain
the item, the need for Council discussion of the item, the item’s relationship to the
Council’s strategic priorities, and the amount of estimated staff time necessary to
prepare for Council discussion. If the requesting Council member receives a
second, the Town Manager will place the item on the Council agenda calendar
allowing for adequate time for staff preparation on the agenda item.
- None.
Town of
Westlake
Item # 3 –
Future Agenda
Items