HomeMy WebLinkAbout02-09-09 TC Wkshp Packet
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
FEBRUARY 9, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
4:15 p.m.
1. CALL TO ORDER.
2. EXECUTIVE SESSION
The Council will conduct a closed session under Texas Government Code for the
following:
a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange,
lease or value of real property: Easements for F. M. 1938 Project.
b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this Chapter: Gas well drill sites and property rights.
3. RECONVENE MEETING
Town of Westlake Town Council Page 2 of 2
Workshop Agenda
February 9, 2009
4. 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.
5. 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
6. 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 551.87 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,
February 6, 2009, by 4:15 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.
2. EXECUTIVE SESSION
The Council will conduct a closed session under Texas Government Code for the
following:
a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease
or value of real property: Easements for F. M. 1938 Project.
b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in
which the duty of the town attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this Chapter: Gas well drill sites and property rights.
Town of
Westlake
Item # 2 – Executive
Session
Back up material has not been
provided for this item.
Town of
Westlake
Item # 3 – Reconvene
Meeting
Back up material has not been
provided for this item.
1
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Workshop Meeting of February 9, 2009
Date: February 1, 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
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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.
The Council received at its January 12, 2009 workshop a staff presentation concerning
the draft technical standards ordinance. The Council also heard a presentation by State
Geologist Scott Tinker at this same workshop regarding various aspects of gas well
drilling in the Barnett Shale formation.
At their January 26, 2009 workshop the Council continued their deliberations and
reached consensus to use the staff recommendation related to the zoning aspect of this
regulatory framework. That is, to allow oil and gas drilling in any zoning district, but
only with a Council approved Specific Use Permit (SUP). This will also include a zoning
ordinance amendment to provide for the option of owners of large tracts to prepare a gas
well master concept plan which could allow them to submit all their multiple well sites
for an SUP at one time in exchange for master planning all of their gas well sites at one
time. Based on this Council consensus, the staff will move forward processing a major
zoning change for all zoning districts requiring notification of all Westlake property
owners. The Council indicated that overall they were satisfied with the draft Technical
Standards Ordinance with the exception of the setback issue. The Council agreed to take
discussion of the setback issue at its February 9th workshop.
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 (Note: Council gave direction to staff on this
at the Jan. 12th workshop as mentioned above in the Background section of this agenda
memo).
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 1-12-09 Council workshop re: proposed technical
standard ordinance and zoning regulations.
3. 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.
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. ............................................................................. 17
Sec. 56-35. Gas Well Pad Site Permit Application and Requirements. ........................................ 17
Sec. 56-36. Site Plan requirements. ............................................................................................. 20
Sec. 56-37. Gas Well Pad Site Standards. .................................................................................... 22
Sec. 56-38. Gas Well Permit Required. ....................................................................................... 26
Sec. 56-39. Gas WellPermit Application, Requirements and Filing Fees. .................................. 28
Sec. 56-40. Standards for Gas WellDrilling and Production. ...................................................... 29
Sec. 56-41. Insurance and Indemnification. ................................................................................. 41
Sec. 56-42. Bond, Irrevocable Letter of Credit. ........................................................................... 44
Sec. 56-43. Gas Inspector............................................................................................................. 47
Sec. 56-44. Operator’s Agent. ..................................................................................................... 48
Sec. 56-45. Periodic Reports. ...................................................................................................... 48
Sec. 56-46. Transfer of Gas Well Permits. .................................................................................. 49
Sec. 56-47. Cleanup and Maintenance. ....................................................................................... 50
Sec. 56-48. Plugged and Abandoned Wells. ................................................................................ 51
Sec. 56-49. Technical Advisor. ..................................................................................................... 52
Sec. 56-50. Remedies of the Town. ............................................................................................. 53
Sec. 56-51. Amended Well Permits. ............................................................................................ 54
Sec. 56-52. Re-working of Well; Notice. ..................................................................................... 54
Sec. 56-53. Commission Permits; TCEQ .................................................................................... 54
ARTICLE III. OIL AND GAS PIPELINE STANDARDS .......................................................... 55
Sec. 56-54. Purpose. ..................................................................................................................... 55
Sec. 56-55. Definitions. .............................................................................................................. 55
Sec. 56-56. General Requirements and Minimum Design Standards. ........................................ 55
Sec. 56-57. New Pipeline Permit/License Application. ............................................................... 59
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Sec. 56-58. Permit and/or License Approval. .............................................................................. 62
Sec. 56-59. Public Education. ..................................................................................................... 63
Sec. 56-60. Pipeline Information Reporting Requirements. ........................................................ 64
Sec. 56-61. Pipeline Markers. ................................................................................................. 6667
Sec. 56-62. One Call System ...................................................................................................... 67
Sec. 56-63. Inactive and Idled Pipelines. ..................................................................................... 68
Sec. 56-64. Emergency Response Plans and Emergency Incident Reporting. ....................... 6869
Sec. 56-65. Pipeline Repairs and Maintenance. .......................................................................... 70
Sec. 56-66. No Grant of Town Easement, No Assumption of Responsibility by Town. ............. 71
Sec 56-67. Protection and Painting of Structures. ...................................................................... 71
Sec. 56-68. Waiver/Hold Harmless Agreement Required for Issuance of Building Permit. ...... 71
Sec. 56-69. Street and Right-of-way Use. ................................................................................... 72
Sec. 56-70. Violations. ................................................................................................................ 72
Sec. 56-71. Bond and Insurance Required. .................................................................................. 73
( ..................................................................................................................................................... 73
Sec. 56-72. Termination of Permit and/or license. ....................................................................... 75
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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-
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4
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 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.
Draft Jan. 8, 2009
5
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.
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.
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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.
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.
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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
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
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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.
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
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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.
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
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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.
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.
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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.
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
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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
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
Draft Jan. 8, 2009
13
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
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
Draft Jan. 8, 2009
14
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.
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
Draft Jan. 8, 2009
15
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.
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
Draft Jan. 8, 2009
16
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.
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.
Draft Jan. 8, 2009
17
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.
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
Draft Jan. 8, 2009
18
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
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.
Draft Jan. 8, 2009
19
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.
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
Draft Jan. 8, 2009
20
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
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.
Draft Jan. 8, 2009
21
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
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.
Draft Jan. 8, 2009
22
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.
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
Draft Jan. 8, 2009
23
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
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
Draft Jan. 8, 2009
24
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
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)
Draft Jan. 8, 2009
25
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
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.
Draft Jan. 8, 2009
26
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.
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,
Draft Jan. 8, 2009
27
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
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
Draft Jan. 8, 2009
28
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:
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.
Draft Jan. 8, 2009
29
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.
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
Draft Jan. 8, 2009
30
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
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
Draft Jan. 8, 2009
31
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
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:
Draft Jan. 8, 2009
32
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
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
Draft Jan. 8, 2009
33
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
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
Draft Jan. 8, 2009
34
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.
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
Draft Jan. 8, 2009
35
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
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)
Draft Jan. 8, 2009
36
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
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
Draft Jan. 8, 2009
37
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.
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
Draft Jan. 8, 2009
38
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.
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
Draft Jan. 8, 2009
39
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
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
Draft Jan. 8, 2009
40
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
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
Draft Jan. 8, 2009
41
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.
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
Draft Jan. 8, 2009
42
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
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
Draft Jan. 8, 2009
43
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.
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
Draft Jan. 8, 2009
44
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.
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
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45
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
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
Draft Jan. 8, 2009
46
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
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
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47
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
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
Draft Jan. 8, 2009
48
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
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
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49
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.
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.
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50
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
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
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51
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
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:
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52
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
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
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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.
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.
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54
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
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
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55
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
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:
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56
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
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
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57
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.
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.
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58
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
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
Draft Jan. 8, 2009
59
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
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:
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60
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.
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.
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61
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.
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
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62
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
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
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63
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
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;
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64
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.
(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
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65
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
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
Draft Jan. 8, 2009
66
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.
(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
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67
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
(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.
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68
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.
(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
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69
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
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
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70
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.
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
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71
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
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:
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72
“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.
(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
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73
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)
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
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74
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,
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
Draft Jan. 8, 2009
75
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:
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:
Draft Jan. 8, 2009
76
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.
_________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ ________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
Draft Jan. 8, 2009
77
APPROVED AS TO FORM:
__________________________________
Stan Lowry, Town Attorney
2/5/2009
1
Proposed Technical Standards Ordinance
and Related Matters Pertaining to
Oil and Gas Drilling and Production
January 12, 2009
2/5/20091
`Current Regulations
`Have worked on updating for over a year
`CouncilDirection –May ‘08`Council Direction May 08
`Staff work since that time
`Oct ‘08 Council Workshops –Direction to staff
`Nov ’08 –Public information meeting
‘08 &bldd`Dec ‘08 –P&Z tabled zoning amendment
`Extensive use of newsletter, website, email blasts to inform public
of status
2/5/20092
2/5/2009
2
1 ZoningOrdinance1.Zoning Ordinance
2.Technical Standards Ordinance
a.Gas well drilling and production
b.Pipelines
2/5/20093
First Prong -Zoning
`Zoning = land use
`Whatzoningdistrictsoilandgasdrilling/productioncanbe`What zoning districts oil and gas drilling/production can be
conducted in?
`Staff recommendation: oil and gas drilling/production in all zoning
districts, but ONLY with an approved SUP.
`What’s an SUP? (specific use permit)
`What is it exactly?
“AitddbthP&ZCiiddbthT
2/5/20094
“A permit recommended by the P&Z Commission and approved by the Town
Council for the use of land or structures in accordance to the provisions in the
Zoning Ordinance”.
2/5/2009
3
First Prong –Zoning (continued)
`How does an SUP work?
Applicationbypropertyowner/agentApplication by property owner/agent
Staff review/recommendations prepared
Adjacent property owners within 200’ radius notified
Planning and Zoning Commission public hearing held
P&Z recommendation to Council
2/5/20095
Town Council public hearing held
Town Council decision
First Prong –Zoning (continued)
`What does amending the Zoning Ordinance to allow oil & gas
drilling/production in all districts, but ONLY with an approved
Sll?SUP, actually mean?
Additional opportunities to ASK
With increased opportunities to ASK, better balance achieved between the
mineral estate owners rights and the surface owners right.
Strong opportunity for transparency and citizen input (2 public hearings)
2/5/20096
Strong opportunity to, if SUP is approved, to impose stringent special conditions
on the well drilling and production.
2/5/2009
4
Second Prong –Technical Standards Ordinance
`What does the Technical Standards Ordinance cover?
Application requirements and processppqp
Drilling standards and requirements
Well production operation standards
Security requirements
Well abandonment standards
Reportingrequirements
2/5/20097
Reporting requirements
Pipeline standards
Penalties
Second Prong –Technical Standards Ordinance (continued)
`What standards does the Technical Standards Ordinance establish?
Well setbacks
Roadway use requirements
Truck route requirements
Fresh water for drilling
Noise level requirements
Lightingrequirements
2/5/20098
Lighting requirements
Landscape screening
Wastewater disposal
2/5/2009
5
SUP
Application
Gas Well Pad
Site Application
Gas Well
Permit
1.
Zoning
Two
Public
Hearings
2.
Technical
Standards
Ordinance
3.
Technical
Standards
Ordinance
if approved if approved
2/5/20099
`Two Parts
Well drilling and production
Pipelines
2/5/200910
2/5/2009
6
Part One -Drilling and Production
`Gas Well Pad Site Permit application
“GasWellPadSite(GWPS):theareadefinedonthesiteplanfora`Gas Well Pad Site (GWPS): the area defined on the site plan for a
SUP for all storage and operational activities associated with gas
drilling and production”.
`What’s required to apply for a Gas Well Pad Site Permit?
An approved SUP
A complete application (pages 17-18)
Acompletesiteplan
2/5/200911
A complete site plan
Part One -Drilling and Production (continued)
`What does the Site Plan for a Gas Well Pad Site require?
Site Plan requirements (pages 19 -21)
`What other standards are there for Gas Well Pad Sites?
Solid perimeter screening wall for well production facilities (pages 24-25)
Extensive landscaping/tree preservation and mitigation (pages 25-26)
Gas Well Pad Site classifications
2/5/200912
Gas Well Pad Site and Drill Zone setbacks
2/5/2009
7
Part One -Drilling and Production (continued)
`What are the classifications of Gas Well Pad Sites?
fHigh Impact –Gas Well Pad Site contains a Drill Zone located within 600’ of a
Protected Use.
Urban –Gas Well Pad Site contains a Drill Zone located between 600’ and 1,000’
of a Protected Use.
Rural –Gas Well Pad Site contains a Drill Zone located more than 1,000’ from a
Protected Use.
2/5/200913
NOTE: distance of GWPS from a Protected Use is at the time of GWPS application.
Part One -Drilling and Production (continued)
`What is the “Drill Zone”?
“The area within an approved Gas Well Pad Site designated for drilling, as shown
intheSitePlanpartoftheSpecificUsePermitapprovalprocess”in the Site Plan part of the Specific Use Permit approval process.
`What is a “Protected Use”?
“A residence, religious institution, public building, health care facility building,
school, or public park. The term shall not apply to accessory buildings, garages,
hangars, or storage buildings.”
`What is a “Gas Well Production Site”?
“The area used for the production of gas, oil and other hydrocarbons.
2/5/200914
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.”
2/5/2009
8
Gas Well Pad Site
(PitBd)
Site Plan is to show everything on the property.
Protected
Use
300’*
600’
1,000’
(Perimeter Boundary)
75’
Gas Well
Production Site
(Must be within Pad Site)
2/5/200915
,
300’ to Property Line
Drill
Zone
Part One -Drilling and Production (continued)
`Other Gas Well Pad Site requirements (page 21)
Perimeter of GWPS must be a minimum of 75’ from adjacent property line. Can
bereducedwithadjacentpropertyownersconsent and Townapprovalbe reduced with adjacent property owners consent and Town approval.
GWPS fronting on one or more streets; the setback shall as be required by the
building setback for that lot or as approved by the Site Plan/SUP process.
The Drill Zone of any GWPS classification must always be at least 600’ from all
Protected Uses. It can reduced to 300’, but only if all adjacent property owners
and the Town consent.
2/5/200916
The Drill Zone of any GWPS classification must always be at least 300’ from all
adjacent property lines. It can be reduced, but only with consent of all adjacent
property owners and the Town.
2/5/2009
9
Part One -Drilling and Production (continued)
`Effects of setback increases/reductions:
If Drill Zone becomes within 600’ of a Protected Use = High Impact Classification
RequirementsRequirements.
If Drill Zone becomes within 600’ to 1,000’ of a Protected Use = Urban
Classification Requirements.
If Drill Zone becomes outside 1,000’ or more from a Protected use = Rural
Classification Requirements.
`Future Gas Wells on a GWPS can never be closer than 300’ from a
ProtectedUseandcannotbereducedbyadjacentproperty
2/5/200917
Protected Use, and can not be reduced by adjacent property
consent.
`Drill Zones may not exceed two acres in size.
Part One -Drilling and Production (continued)
`Gas Well Permits
WhtiidttGWllPit?What is required to get a Gas Well Permit?
9 An approved SUP
9 An approved Gas Well Pad Site Permit
9 Payment of all fees
9 Proof/payment of insurance, LOC, and/or bonds (page 40)
2/5/200918
2/5/2009
10
Part One -Drilling and Production (continued)
`Gas Well Operation Standards
Pages 29 –40
HMSSP (page 30)
Equipment Painting (page 30)
Lighting (page 33)
Water Pits (page 33)
Private Roads (page 34)
SlWdilll(P34)
2/5/200919
Salt Water disposal wells (Page 34)
Noise Levels (page 37-38)
Part One -Drilling and Production (continued)
`Other Gas Well Permit Requirements
Reporting (pages 48-49)
Permit Transference (pages 49-50)
Clean-Up and Maintenance (page 50)
Plugging and Abandonment (page 51)
Technical advisor (page 52)
Well Permit Amendments and Re-working (page 54)
AlRi
2/5/200920
Annual Review
2/5/2009
11
Second Part
Pipeline Standards
2/5/200921
Part Two –Pipeline Standards (continued)
`Permit required
`License required for road crossing
`No permit/license issued unless for an SUP approved well.opet/cesessueduessoaSUappoede
`Future development –note on plat required if within 100’ of existing pipeline.
`Extensive application and construction requirments.
`Reporting requirements
`Pipeline makeovers required
`One call membership required
`Inactive pipelines
`Waive/hold harmless agreement required if building constructed within 100’ of
2/5/200922
existing pipeline.
`Bond insurance requirements
`Termination of permit/license
2/5/2009
12
`Zoning = land use
`The question: where?
`Another way of saying it:
In what zoning districts, and under what conditions will we allow oil & gas
drilling and production?
`Key consideration:
Balancing the legal rights of the mineral estate to access their minerals versus
surface owner rights.
2/5/200923
`What are the options?
Allowed use permitted by right
9 All Districts
9 Some Districts
Allowed use , but only with an approved SUP
9 All Districts
9 Some Districts
`Key policy question:
Which approach allows us to practice good urban planning while
addressing the need, and legal right, of the mineral estate to access
their minerals and the need of the surface owner to have reasonable
tti?
2/5/200924
protection?
2/5/2009
13
`Let’s look at the options in light of this key question
`Allowed use by Right
All Districts
9 il/tiitihbjtltthtitif9means oil/gas activities can go anywhere subject only to the restrictions of
the Technical Standards Ordinance.
Some Districts
9 means oil/gas activities can go in certain districts subject only to the
restrictions of the Technical Standards Ordinance.
`Important Question?
Which districts can oil/gas activities go into as an allowed use by right?
2/5/200925
`Do these options address good urban planning while addressing
both mineral right estate and surface owner rights?
`Allowed use, but only with an approved SUP
All Districts
9 means oil/gas activities may go anywhere, but first must apply for and
receive an SUP (two public hearings), and are subject to the restrictions of
the Technical Standards Ordinance.
Some Districts
9 means oil/gas activities may go in certain districts, but first must apply for
and receive an SUP , and are subject to the restrictions of the Technical
Standards Ordinance.
`Which districts can oil/gas activities go into with an approved SUP?
`MuchofWestlakeiszonedPD(PlannedDistrict)withalloweduses
2/5/200926
`Much of Westlake is zoned PD (Planned District) with allowed uses
that are a mixture of residential and commercial, but those uses
are not geographically defined within the PD.
2/5/2009
14
`So, which option best allows us the ability to practice good urban
planning while addressing the need of the mineral estate to access
their minerals and the need of the surface owner to have
reasonable protections?
`Staff recommendation:
Allowed use in all districts, but only with an approved SUP.
SUP process allows Town more control, public review and comment,
placement of stipulations and conditions on the SUP.
SUP in all districts addresses the wide use of blended, but not
geographicallydefinedusesinour PDzoningdistrictsthatcomprise
2/5/200927
geographically defined uses, in our PD zoning districts that comprise
much of Westlake.
2/5/200928
2/5/2009
1
Town of Westlake
Proposed Gas Drilling and
Production Ordinance
Worksho pp
October 6, 2008
Guiding Principals
Staff is not seeking a commitment from the Board on these issues,
rather a general consensus that the Board is willing to consider an
ordinance containing these key provisions as outlined at this timeordinance containing these key provisions as outlined at this time.
Following citizen feedback and continued staff research, the Board
will be presented a draft ordinance for consideration and approval.
Some changes could still be made at that time if the Board were to
incorporate the changes into their motion for approval.
If new information comes to light that might merit a
reconsideration of any of these positions, staff will include that
information in the staff report accompanying the proposed
ordinance.
2
2/5/2009
2
Topics of Discussion
•Setbacks
•Water
•Roadway usage
•Permit approval process
•Screening /Landscaping•Screening / Landscaping
•Sound limitations
3
Definitions
•Gas Well Pad Site ‐The area used for all
operational activities associated with gas
drilling and productiondrilling and production.
•Drill Zone ‐The area within an approved Gas
Well Pad Site designated to drilling well bores.
•Gas Well production Site –The area
designated for containment of all equipment
and activities associated with gas production
and well maintenance.
•Protected use –Dwelling, commercial
building, school or public park.
4
2/5/2009
3
Setbacks
Comparison to neighboring cities:
Mii di f llb (h hl h dill i)f dMinimum distance of a wellbore (the open hole at the drill site) from a protected use.
Municipality Standard Minimum
Keller500 feetCity Council can decrease; no minimum listed*
Roanoke1000 feet500 feet
Fort Worth600 feet200 feet
Southlake1000 feetCity Council can decrease; no minimum listed*
Trophy Club1000 feet**250 feet **
Argyle 500 feet 250 feetArgyle 500 feet 250 feet
Westlake600 feet300 feet
*The Texas Local Government Code imposes a 200 feet minimum.
** Measured to the property line instead of the structure.
5
Setbacks ‐discussion points
Distance from drill zone to protected use
•Why not just adopt the greatest setback that any
of our neighboring cities are using?
•The purpose of setbacks –safety and quality of
life or nuisance mitigation.
•Unintended consequences of larger setback
requirements.
6
2/5/2009
4
Examples of setback impacts on
developable property
•1000 foot
1000 1000 100 2100 2100 X 2100 4410000 /43560 10124 acres1000 + 1000 + 100 = 2100; 2100 X 2100 = 4,410,000 / 43560 = 101.24 acres
•600 foot
600 + 600 + 100 = 1300; 1300 X 1300 = 1,690,000 / 43560 = 38.8 acres
•300 foot
300 + 300 + 100 = 700; 700 X 700 = 490000 / 43560 = 11.25 acres
Formula: h*w/ 43560 = acres, where:
h= The setback from one side added to the setback for the opposite side plus the
depth of the well bore zone.
w= The setback from the front side added to the setback for the back side plus the
depth of the well bore zone.
7
Setbacks Proposed
Distance from drill zone to protected use.
•600 feet –base line minimum standard.
•1,000 feet –voluntary and results in the relaxation of
some regulations and will be easier for operator to
comply with quality of life/nuisance regulations.
8
2/5/2009
5
Setbacks Proposed ‐continued
Distance from drill zone to protected use
•300 feet –absolute minimum setback. Requires
approval from all property owners with structures
closer than 600 feet and Board approval. Results in
more restrictive regulations and allows property
owners with greater potential of negative impact
from well operations to negotiate directly with the
operator for creative options to address their
specific concerns.
9
SetbacksProposed ‐continued
Distance from drill zone to protected use
•After a Gas Well Pad Site has been approved,
the required setback from future habitable
structures will be 300 feet. This reduction
allows for more options for development of
surrounding propertiessurrounding properties.
10
2/5/2009
6
Setbacks from other uses
•Proposed distance from drill zone to
street right‐of‐way is 200 feet.steet gto ay s 00 eet.
Hwy 114 and 170 –Also requires 100 foot setback for the
Gas Well production Site perimeter fence from the right‐of‐
way for landscape in the Town Edge Open Space Zone.
Hwy 377 –Also requires 50 foot setback for the Gas Well
production Site perimeter fence from the right‐of‐way for
landscape in the Town Edge Open Space Zonelandscape in the Town Edge Open Space Zone.
All other street right‐of‐ways –The perimeter fence
must be behind the established building setback line for the
zoning district.
11
Setbacks from other property lines
and other structures
•The proposed requirement for the Drill Zone
t b ii f 75 ftf thto be a minimum of 75 feet from the
perimeter of the Gas Well Pad Site, along with
a minimum required 50 foot separation of the
Gas Well Pad Site perimeter fence from
adjacent property lines, results in a minimum
125 foot setback from any structures or other
uses not related to the gas well drilling or
production operations.
12
2/5/2009
7
Setbacks ‐continued
•Variances to the setback requirements, or
diti f th ltideviations from any other regulations
governing the drilling and production of gas,
may be authorized during the Specific Use
Permit approval process after meeting all
prerequisites and receiving a recommendation
from the Planning and Zoning Commission
and approval by the Board of Aldermen.
13
Drill Zone Setbacks Consensus
1000’ from habitable structures –rural
600’ from habitable structures –standard
300’ from habitable structures –high impact
(With approval of all property owners with habitable structures located
closer than 600’ and approval from Board of Aldermen)
75’ from property line unless neighboring
property owner approves less.
300’ from habitable structures built after the
Well Pad Site Permit is issued.
14
2/5/2009
8
Roadway Usage
•Roadway Improvement / Repair agreement
–Town will have roadways along the approved truck
route assessed for suitability for use by heavy
truck traffic and determine if roadway must be
improved prior to the increased usage. Repair or
replacement costs will be estimated and
arrangements for payment of those costs will be
addressed in the agreement.
15
Roadway Usage
•Approved truck routes –Truck routes will be
approved during the Gas Well Pad Site permitting processapproved during the Gas Well Pad Site permitting process.
–Encourage use of State owned Highways and Access Roads by reducing
roadway improvement/repair fees if town owned roads are not used.
–Prohibit usage of certain roads based on safety considerations, traffic
studies, and availability of other routes.
–Coordinate efforts with neighboring cities to regulate truck routes forCoordinate efforts with neighboring cities to regulate truck routes for
gas well sites located in the Town of Westlake and in neighboring
cities.
16
2/5/2009
9
Roadway Improvement/Repair
Agreement Consensus
Comparison to neighboring cities:
Most cities have Roadway use agreements at this
time. The uniqueness of the Town of Westlake
relative to condition of existing roadways, access
to State owned Roadways, and our focus on
minimizing truck traffic, makes a line item
comparison with other cities impractical. The
agreement will be specific to each project and
will require approval by the Board of Aldermen.
17
Water Supply
•Fresh water supply for gas drilling operations.
ill b idd b f lk–Water will not be provided by Town of West lake,
without a Water Supply Agreement, because the
increased water demand could result in the peak
limits being exceeded and a possible increase in
water fees for all Westlake water customers.
–Freshwater wells may be drilled on site or water y
may be trucked or piped in and stored on site.
Trucking of water in or out will require a Roadway
Improvement/repair Agreement.
18
2/5/2009
10
WaterSupply Consensus
Fresh water must be obtained from source
th th th iil t l lother than the municipal water supply unless
a Water Supply Agreement is executed.
Water storage ponds will be encouraged to be
established as permanent water features to beestablished as permanent water features to be
included in the required landscape plan.
19
Waste Water
•Waste water from Gas well drilling and
dti ti t b didproduction operations must be disposed
of properly.
–Option A is to have all water trucked out of town
for disposal. Most likely the waste will be pumped
into a nearby Salt Water Disposal Well.
Option B is to permit the drilling of a Salt Water–Option B is to permit the drilling of a Salt Water
Disposal Well within the Town of Westlake but
limit it’s usage to disposing of water produced
within the Town of Westlake.
20
2/5/2009
11
Waste Water Consensus
Option A is to have all water trucked out of town
for disposal.Most likely the waste will be pumpedfor disposal. Most likely the waste will be pumped
into a nearby Salt Water Disposal Well.
Option B is to permit the drilling of a Salt Water
Disposal Well within the Town of Westlake but
limit it’s usage to disposing of water produced
ihi h T f WlkThi i illwithin the Town of Westlake. This option still
allows waste water to be trucked out if the
operator chooses to do so.
21
Permitting
•There is a two pronged approach to regulating
Gas Well Drilling and Production activitiesGas Well Drilling and Production activities
requiring two separate ordinance amendments.
–Regulatory standards are similar to the Building Codes
as they relate to new buildings. Dealing with safety
and operational facets of the operation.
Zoning regulations are used to regulate the Land Use–Zoning regulations are used to regulate the Land Use
aspects and insure conformance with the Master
Plans for Land Use, Open Space, Thoroughfares, and
Water & Sewer Utilities.
22
2/5/2009
12
Permitting
•The proposed Gas Well Drilling and Production Ordinance
will cover the regulatory standards and will contain some
ld ldi h ifi hi iland use related items that are specific to this unique use.
•To address the remainder of the zoning related issues, an
ordinance will be proposed to amend the Comprehensive
Zoning Ordinance to permit Gas Drilling in all zoning
districts with a Specific Use Permit. All Gas Well Pad Site
Permits will only be approved following notification of all
property owners within 1,000 feet and a public hearing
before the Planning and Zoning Commission followed by abefore the Planning and Zoning Commission followed by a
hearing before the Board of Aldermen.
•Gas wells located within the designated Drill Zone of an
approved Gas Well Pad site will be permitted
administratively.
23
Permitting Approval Process
Consensus
Allowed in all zoning districts with Specific Use
Permit.
Variances should have prerequisites that must
be met prior to being considered by the Board
of Aldermenof Aldermen.
24
2/5/2009
13
Fencing / Screening & Landscaping
Municipality Fence requirements
Keller8', wrought iron, tube steel, masonry, or a
combination ‐thereof
Roanoke 8' chain link fence
Fort Worth6’ chain link
Southlake 8' masonry perimeter wall with 8' chainlinkand
barbed wire inside perimeter
Trophy ClubRemovable masonry 7.5' with wrought iron
gating/Permanent masonry fencing along thoroughfare
Argyle 8’ masonry columns/wrought iron fencing
Westlake8' perimeter wall constructed of stone, cast stone or
split‐face concrete masonry units as approved by SUP.
Evergreen shrubs shall be planted at ten foot spacing along
the wall.
25
Fencing/ Screening & Landscaping
Municipality Screening & Landscaping Requirments
KellerCity Council & Planning and Zoning discretion
Roanoke 3’‐5’ shrubs surrounding well site; subject to g ;j
Gas Inspector approval
Fort Worth 40% tree canopy for wells 200’‐600’ from PU.
30%; 600’‐1000’
Southlake Subject to SUP; third party landscape
maintenance contract required
Trophy Club Subject to SUP.
Argyle Suitable screening shrubs subject to SUP.
Westlake
Minimum standards require compliance with the Landscape Development Standards of theMinimum standards require compliance with the Landscape Development Standards of the
Unified Development Code. The entire perimeter of the site will be required to be landscaped as
a Roadway landscape Zone except for portions located in, and meeting the requirements for, a
Town Edge Open Space Zone.
A minimum forty foot wide area around the perimeter must be landscaped in all cases.
In the SUP approval process the Board may allow delayed installation of landscaping for Rural Pad
Sites or require additional landscaping or screening based on neighboring uses or other concerns.
Roadways or service roads may be required to be screened or landscaped if closer than 300 ft.
from a protected use.26
2/5/2009
14
Roadway landscape Zone
•c)Zone width.The width of the landscape zone is measured from
the outside edge of the street pavement to the required building
setback line on both sides of the streetsetback line on both sides of the street.
•(d)Landscape requirement.
•(1)Tree density.A minimum of six trees are required per 100
linear feet of landscape zone on each side of the roadway, which
may be planted anywhere within the roadway landscape zone.
Credit will be given for maintaining existing trees of equal or greater
size which are listed in the town's approved plant list in appendix D.
•(2)Tree size.There shall be a minimum of 60 percent large trees
ith th id bi ll t T i d twith the remainder being small trees. Tree sizes and measurement
shall conform to section 98‐110, acceptable landscape materials.
27
Town Edge Open Space Zone
(c)Landscape treatment of town edge zones.
(1)Alternative treatments.Town edge open
space zones may be treated in one of two
ways: by earth berm, or forested edge, as set
out in subsections (c)(2) and (c)(3) of this
section.
28
2/5/2009
15
Earth Berm
(2)Earth berm.
a.State Highway 114 and 170.On State Highway 114 and 170 the earth bermmay
vary in width and height,and shall have a maximum 5:1 slope from the propertyvary in width and height, and shall have a maximum 5:1 slope from the property
line to the ridge line and a maximum 3:1 slope from the ridge line to the setback
line. The bermshall be a minimum height of 11 feet.
b.Highway 377.On Highway 377 the earth bermmay vary in width and height, and
shall have a maximum 5:1 slope from the property line to the ridge line and a
maximum 3:1 slope from the ridge line to the backside of the easement. The berm
shall be a minimum height of six feet.
c.Wildflowers.Wildflowers shall be planted along earth bermsconsistent with the
Comprehensive Plan.
d.Trees.Trees shall be planted along the earth bermconsistent with the
Comprehensive Plan in the following manner:Comprehensive Plan in the following manner:
1.Quantity.There shall be a minimum of 17 trees per 10,000 square feet of the area
measured from the top of the bermto the edge of the town edge open space zone
closest to the interior of the lot.
2.Size.Sixty percent of the trees shall be a minimum three‐inch caliper, and 40
percent shall be a minimum two‐inch caliper.
29
Forested Edge
•3)Forested edge.As an alternative to creating
an earth berm a forested edge may be createdan earth berm, a forested edge may be created
which includes:
•a.A minimum of 17 trees per 10,000 square feet
over the entire town edge open space zone per
size and proportion described in subsection
(c)(2)d of this section.()()
•b.Wildflowers must be provided over 25
percent of the town edge open space zone
adjacent to the highway.
30
2/5/2009
16
Fencing/ Screening & Landscaping
Consensus
Minimum 40’ landscape buffer zone
around perimeter.
Must meet Roadway open space landscape
requirements entirely around perimeter,
even when not adjacent to roadwayeven when not adjacent to roadway.
Must meet Town Edge Open Space Zone
landscape requirements when applicable.
31
Noise Limitations
Municipality Standards
Keller90 db/300 feet
k 8 db/300 f 8 di fiRoanoke78 db/300 feet –85 during fracing
Fort Worth*5 db/daytime or 3 db/nighttime ‐10 db/daytime or 5
db/nighttime during fracing
Southlake*5 db/daytime or 3 db/nighttime ‐10 db/daytime or 5
db/nighttime during fracing
Trophy Club70 db/300 feet ‐80 during fracing
Argyle90 db/300 feet
Westlake current90 db/300 feet
Westlake5 db/daytime or 3 db/nighttime ‐10 db/daytime or 5
/db/nighttime during fracing. 85 db max.
* When measured at the nearest Protected Use receiver's/receptor's property line or
one hundred (IOO) feet from the nearest Protected Use structure.
32
2/5/2009
17
Current Noise limitations
Sec. 102‐183.Noise.
(a)Measurement.Measurement of noise shall be made at ()
the residential property line with a sound level meter and
octave band analyzer meeting the standards prescribed by
the American Standards Association.
(b)Noise level at residential property lines.
(1)Nighttime noise level.Noise levels shall not exceed 49
dBAat a residential property line between 7:00 p.m. and
7:00 a.m.
(2)Daytime noise level.Noise levels shall not exceed 56 dBA
at a residential property line.
(3)Octave band standards.Noise in any octave band shall
not exceed standards set out in Figure 1:
33
FIGURE 1 NOISE STANDARDS
At no point along the bounding property line of any lot or parcel in a residential district shall the sound
pressure level of any operation or activity exceed the decibel limits specified in the octave band groups
designated in the following table:
Octave Band Range
(cps)
Decibel BandLimit (dB re 0.0002 microbar)
37‐‐7580
75‐‐15068
150‐‐30061
300‐‐60055
600‐‐120051
1200‐‐240048
2400‐‐480045
4800‐‐960043
A scale (for monitoring purposes only)56
Noise level adjustments:
Nighttime noise‐‐7 p.m. and 7:00 a.m.subtract 7 db
Impulsive noisesubtract 7 db
(Meter reading changes at a rate greater than ten db per second)34
2/5/2009
18
Decibel Level Examples
Threshold of hearing..........................0 dB
Otd l tffi20dBOutdoors, no people or traffic..........20 dB
Background noise in a library...........40 dB
Ordinary speaking voice...................60 dB
Heavy traffic.....................................85 dB
Power lawnmower up close.............90 dBp
Source –United States Department of Energy
35
Noise Level Consensus
Ambient noise level +
5 db/daytime or 3 db/nighttime
10 db/daytime or 5 db/nighttime during
fracing. g
85 db max. unless ambient is higher.
36
2/5/2009
19
Lighting Standards
Municipality Requirements
ll iillihi dib/dl•KellerDirectional lighting so as not to disturb/adversely
adjacent properties.
•RoanokeCannot shine directly on public roads or adjacent
property.
•Fort WorthCannot shine directly on public roads or adjacent.
•SouthlakeCannot shine directly on public roads or adjacent
property and shielded so no glare on public roads or
buildings within300 feet.
•Trophy ClubCannot shine directly on public roads or adjacent
property and directed so as to avoid glare on publicproperty and directed so as to avoid glare on public
roads or buildings within 300 feet.
•ArgyleNot addressed in oil and gas ordinance.
•WestlakeCannot shine directly on public roads or adjacent
property and shielded so no glare on public roads or
buildings within 300 feet. Shall conform to the outdoor
lighting ordinance to the degree practical and safe.
37
Current Gas and Oil Ordinance
Operations and equipment practices
and standards.
•b.Directional lighting shall be provided for
the safety of oil or gas well drilling and
production operations and shall be provided
so as to not disturb or adversely affect
adjacent properties. No light source shall be
visible from any ground mounted or pole
mounted light. Rig lights shall be directional
and focused exclusively on the operational
area of the rig.
38
2/5/2009
20
Lighting standards Consensus
Shall conform to the outdoor lighting
ordinance to the degree practical and safe.
Cannot shine directly on public roads or
adjacent property and shielded so no glare on
public roads or buildings within 300 feet.
39
5. FUTURE AGENDA ITEMS: Any Board member may request at a workshop
and / or Board meeting, under “Future Agenda Item Requests”, an agenda item
for a future Board meeting. The Board 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 Board member will explain the item,
the need for Board discussion of the item, the item’s relationship to the Board’s
strategic priorities, and the amount of estimated staff time necessary to prepare for
Board discussion. If the requesting Board member receives a second, the Town
Manager will place the item on the Board agenda calendar allowing for adequate
time for staff preparation on the agenda item.
- None
Town of
Westlake
Item # 5 –
Future Agenda
Items
Town of
Westlake
Item # 6 –
Adjournment
Back up material has not
been provided for this item.