The purpose of the regulation of the drilling and operation of oil and gas wells is to promote the orderly and economic development, production and utilization of oil and gas. It is also the purpose to protect the rights of all citizens of Belton.

(UDC 2010, § 5.1; Ord. No. 82-1212, § 1, 1-26-1982)

(a)

Forms. Any person or persons who propose to drill, own, operate or maintain an oil or gas well shall make written application on forms provided by the city building inspector. The application shall contain the property owner's name, address, and telephone number, location of the well(s), and a copy of the permit from the Missouri Oil and Gas Council.

(b)

Location plat. When making application for said permit, the applicant shall furnish to the building inspector one copy of the location plat required by the Missouri Oil and Gas Council. After final approval of the permit by the building inspector, copies of said location plat shall be submitted to all utility companies and agencies which provide service to the city. In addition to the information required by Missouri Oil and Gas Council, the following information shall be supplied:

(1)

The zoning district of the property where the proposed wells are located and the zoning district of all abutting properties.

(2)

The location of all buildings on the property and the distance between buildings, wellheads and storage tanks.

(3)

The location of all proposed, staked wellheads, and any landscaping, berms, fencing, or other screening as required in this chapter.

(4)

The location of all proposed storage tanks and separators, and all appurtenances such as dikes, sumps, basins and drainage ditches.

(5)

The location and depth of all proposed and existing pipelines. Modifications of pipeline locations shall be approved by the building inspector and a revised plat shall be submitted showing the location and depth of these lines.

(6)

The locations of all structures on adjacent properties and within 500 feet of a proposed well drilling site or storage tank.

(c)

Fees. Application for an oil or gas permit shall be accompanied by a fee of $100.00.

(UDC 2010, § 5.2; Ord. No. 82-1212, § 2, 1-26-1982)

(a)

Issuance of permit. Upon application for a permit, the building inspector or his or her representative shall review the application for conformance with the provisions of this chapter. If the application is in compliance with this chapter and all the rules and regulations of the State of Missouri, the City of Belton, the Belton Fire Code, and the zoning ordinance are met, the building inspector shall issue the permit. If the local zoning regulations prohibit oil or gas drilling or pumping within any zoning district, no permit shall be issued for such operation within these districts.

(b)

Period of effectiveness.

(1)

A permit to drill, own, maintain or operate an oil or gas well shall be in effect for the life of the well, subject to revocation for noncompliance with the provisions of this chapter.

(2)

At any time during the life of a well that it is found to be drilled, owned, operated, or maintained in violation of this chapter, as determined by the building inspector or the city council, the permit shall be revoked.

(3)

A permit to drill a well shall become null and void if operations to drill this well are not commenced within 180 days after the permit's date of approval.

(4)

Whenever operations on a well cease for a period of two years, said well shall be considered abandoned, and any permit issued on that well shall no longer be in effect, unless a blanket permit was issued for such area as provided in section 24-4(c).

(c)

Leases under more than one ownership. Oil and gas well permits may be issued for tracts of land which are under more than one ownership provided that all the provisions of this chapter are met.

(UDC 2010, § 5.3; Ord. No. 82-1212, § 3, 1-26-1982)

(a)

Valid permits. It is unlawful for any person or persons to commence the operation of any oil or gas drilling or production without possessing a valid permit issued by the City of Belton. A person must comply with the provisions of this chapter to be entitled to receive such a permit. Permits shall not be transferable. A valid permit shall be posted on the premises of such an operation.

(b)

Penalties. Any person or persons who own, drill, maintain, or operate an oil or gas well without first obtaining a valid permit from the City of Belton is subject to section 1-24 of this Unified Development Code.

(c)

Blanket permits. Should the applicant plan to drill more than one well on any given tract of land, application may be made for two or more wells simultaneously, subject to the following conditions:

(1)

Any permit issued shall be only for the wells indicated on the location plat submitted with the application.

(2)

All wells indicated on the plat shall be staked on the site in order that the city staff may inspect them.

(3)

At such time that more wells are proposed on said tract which are not shown on the plat submitted with the application, another permit application shall be made.

(4)

There shall be only one permit application fee on any given tract of land, provided that a period of less than two years has elapsed since the last application was submitted on said tract of land.

(d)

Insurance and reclamation guarantees. Prior to the commencement of any oil or natural gas drilling or pumping operation, the property owner, lessor or their agent shall provide proof of insurance in an amount of $1,000,000.00 or higher if necessary to protect against damage to persons or property because of the malfunction or leakage of such drilling or pumping facilities. Such insurance shall be continued until such operation has ceased and all wells insured by such policy are all properly plugged in accordance with city and state standards. The applicant shall further show that bond or other financial guarantees have been provided to assure the reclamation of the site in accordance the requirements of the State of Missouri.

(UDC 2010, § 5.4; Ord. No. 82-1212, § 4, 1-26-1982)

(a)

Screening of wells. Oil and gas wells shall be visually screened from any abutting residentially zoned areas. This screen shall be an existing natural barrier or a fence either of which is at least eight feet in height with a density of at least 80 percent per square foot and its locations shall be determined by its ability to screen unsightly uses of the land from residential view. The adequacy of this screening shall be determined by the building inspector.

(b)

Fencing. Fencing or other safety precautions adequate to protect the safety of domestic livestock and citizens, most particularly children, shall be provided. Fencing can be either around the property as a whole, or around each separate well and storage tank. Such fencing shall be at least four feet in height and be constructed to prevent access.

(c)

Drilling.

(1)

Hours of operation. Drilling operations on a parcel of land located within or abutting to a residential zoning district shall not take place between the hours of 10:00 p.m. and 8:00 a.m.; however, continuous auguring, fluid circulation or other sufficient techniques to prevent explosive conditions during the ceasing of drilling operations shall be employed.

(2)

Length of drilling. Drilling operations shall not exceed 60 days at any one well and within 30 days of the completion of such operation, all drilling equipment and accessories shall be removed from the site.

(3)

Storage ponds. Unenclosed storage of sludge, gas or other byproducts of drilling or pumping operations are prohibited with the exception of water not containing these byproducts.

(4)

Interference with traffic. Drilling shall not cause the obstruction of any public thoroughfares.

(d)

Drainage. The drilling and operating of the oil and gas wells and the construction of any access roads shall not significantly alter the existing drainage pattern so that it has an adverse impact on surrounding property.

(e)

Storage tanks.

(1)

Tank locations. Storage tanks and their appurtenances other than those containing fuels to power individual pumps shall be located a minimum of 500 feet from any existing residence or residential zoning district boundary and a minimum of 300 feet from any property line.

(2)

Storage dikes. Dikes shall be provided around all storage tanks batteries, adequate to hold 75 percent of the maximum capacity of the tanks contained within.

(3)

Roadways. Gravel roadways shall be provided to all storage tanks.

(4)

Tank maintenance. All storage tanks shall be maintained in a leakproof condition with an adequately painted, rust-free exterior surface.

(5)

Maximum tank sizes. No single storage tank shall exceed a maximum capacity of 10,000 gallons nor exceed a height of 20 feet.

(6)

Water tanks. All on-site tanks shall contain the necessary fittings to allow adequate connection to local firefighting equipment.

(f)

Wells and pumping operations.

(1)

Pump locations. All pumps shall be at least 185 feet from any existing residence on property other than that upon which the well is located.

(2)

Pumping motors. Only electric motors shall be permitted to operate pumping equipment when such equipment is located in or within 500 feet of a residential zoning district.

(3)

Excess gas. Excess natural gas shall not be allowed to escape into the air or be burned off.

(4)

Pipelines. All pipes shall be of a plastic or nonmetallic or corrosion resistant material. Pipelines which exceed a length of 50 feet shall be buried at a depth below the frost line.

(5)

Storage of wastes. All wastes generated from drilling or pumping shall be contained and not permitted to flow off of the site; however, salt water may be returned to a water strata in accordance with state regulations.

(g)

Floodplain protection. No drilling or pumping or accessory storage tanks or ponds shall be located in an area designated as floodplain by the City of Belton Flood Insurance Study (FIS) unless a licensed engineer certifies that all involved equipment is adequately protected from the hydrostatic and hydrodynamic effects of a 100-year flood as defined by the FIS. Under no circumstances shall an oil or gas well be located in an area designated as a 100-year floodway.

(h)

Emergency notification. A sign shall be placed in a conspicuous place at each well or test hole stating the name of the driller, their telephone number and their address.

(UDC 2010, § 5.5; Ord. No. 82-1212, § 5, 1-26-1982)

The property user or lessee shall submit a notarized statement holding and saving the city harmless from all claims, damages, expenses and losses arising out of the drilling or production of oil or gas.

(UDC 2010, § 5.6; Ord. No. 82-1212, § 6, 1-26-1982)