The purpose of this chapter is to provide for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the City's residents. Oil and gas exploration, drilling and post- extraction operations involve activities that will impact the City and its residents. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that minimizes the potential impacts on the residents of the City. (Ord. 629, 3-12-2018)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE: A regulatory review and/or action performed by an employee or contractor of the City and not deemed a legislative or quasi-judicial action.

APPLICANT: Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.

DEPARTMENT: The Idaho Department of Lands.

EXTRACTION: Activities necessary for removing natural gas, natural gas liquids, or oil from underground shale and/or sand formations and bringing it up to ground level, or any activities, the purpose of which is to remove these materials from natural pools or reservoirs beneath the earth's surface, including well drilling, injection, pumping, and including ancillary activities and facilities necessary for such extraction, without which the extraction could not occur.

LOCAL STREET: For purposes of this chapter only, a public street or road designed to provide access to abutting lots and to discourage through traffic.

OIL AND GAS: Means oil or gas or both. "Oil and gas" refers not only to oil and gas in combination with each other but also generally to oil, gas, casinghead gas, casinghead gasoline, gas- distillate or other hydrocarbons, or any combination of combinations thereof, which may be found in or produced from a common source or supply of oil, oil and gas, or gas-distillate.

OIL AND GAS WELL: A hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

OPERATOR: The person of record, that is responsible for and actually in charge and 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 chapter, then such lessee shall also be deemed to be an operator. In the event there is no oil and gas lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shall also be deemed an operator.

POST-EXTRACTION PROCESSING ACTIVITIES: Refers to the handling of oil and gas after it has been extracted from the earth, more specifically defined as any and all activity relating to site construction and maintenance for processing of oil and gas which is not a part of the extraction process, or which occurs after the oil, gas, produced water, or any other substance or material has been removed from the ground, including and/or concerning, but not limited to: a) waste disposal, b) fencing, c) signage, d) lighting, e) venting, f) flaring, g) vehicle traffic and access, h) noise, i) height restrictions, j) setbacks, k) disposal wells, l) storage tanks, m) transfer pipelines, n) compression facilities, o) settling ponds, p) derricks, q) wastewater disposal, and r) refining facilities.

Post-extraction processing activities include: "gathering facilities" as defined in Idaho Code section 47-310(10), other facilities, equipment or improvements used or installed for the gathering, treatment, refining, or other processing of oil or natural gas or other materials or substances, "processing facilities" as defined in Idaho Code section 47-310(26), "gas processing facilities" as defined in IDAPA 20.07.02.23, "pits" as defined in IDAPA 20.07.02.37, and "tank batteries" as defined in IDAPA 20.07.02.51, whether or not located on a well site (as defined in IDAPA 20.07.02.59). Post- extraction activities do not include tanks as defined in IDAPA 20.07.02.50 when such tanks are: a) located on a well site as defined in IDAPA 20.07.02.59 and b) contain materials used in and necessary for extraction activities.

ROAD REPAIR AGREEMENT: A written agreement between the applicant and the City obligating the applicant to repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by subcontractors or representatives in the performance of drilling or production of any wells authorized by the City.

STATE: The State of Idaho.

WELL: An oil and gas well or an injection well, including but not limited to directional drilling wells (for example, any well hole drilled into the ground).

WELLHEAD: The equipment installed at the surface of the well. (Ord. 629, 3-12-2018)

Subject to the provisions of this chapter, an oil or gas well site shall be considered a permitted use by right within any zoning district, subject to the standards listed herein. (Ord. 629, 3-12-2018)

   A.   No oil or gas well site, or an addition or material modification to an existing oil or gas well site, shall be constructed or located within the City unless an administrative zoning permit under this chapter has been issued by the City to the applicant approving the construction or preparation of the site for oil or gas development.

   B.   Each application shall be submitted with the fee established pursuant to resolution of the City.

   C.   Any modification to an existing and/or permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, shall require a modification of the permit under this chapter. Like-kind replacements shall not require a permit modification.

   D.   Wells that were permitted and constructed prior to the adoption of this chapter shall not be required to meet the requirements of this chapter. Any modification to an existing or permitted oil or gas well site that occurs after the effective date of this chapter and materially alters the size, type, location, number of wells and other accessory equipment or structures, shall require compliance with this chapter.

   E.   An oil or gas well permit shall not be required for exploration of oil or gas. Exploration of oil or gas means activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits. The activities related to the search for oil and gas include without limitation aerial, geological and geophysical surveys and studies, seismic work, core drilling and the drilling of test wells.

   F.   If an applicant does not conduct said business for a period of one year, the administrative zoning permit shall be null and void. Permits issued under this chapter shall not be transferable to any other applicant, except by majority vote of the City Council, and the filing of a new application by the applicant to whom such permit is, or may be, transferred or assigned.

   G.   The operator shall provide a copy of any incident reports or written complaints submitted to the department, the Idaho Oil and Gas Conservation 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. (Ord. 629, 3-12-2018)

   A.   The applicant shall provide to the City at the time of permit application:

      1.   A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled including department permit number(s) for all wells and the location, number and description of equipment and structures to the extent known. In addition to the narrative statement, each application shall contain the following:

         a.   The surface owner’s name, address, email address, and phone numbers.

         b.   The mineral owner’s name, address, email address, and phone numbers (if different than the surface owner).

      2.   The address of the oil or gas well site and a legal description of the parcel as determined by the City and information needed to gain access to the well site in the event of an emergency.

      3.   The contact information of the individual or individuals primarily responsible for the operation and activities at the oil or gas well site shall be provided to the City and all applicable emergency responders as determined by the City. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City and all applicable emergency responders as determined by the City.

      4.   A scaled site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this site plan shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site. The only items that may be stored and vehicles that may be parked on the operation site are those that are necessary to the everyday operation of the well or associated facilities and do not constitute a fire hazard.

      5.   A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.

      6.   A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the City and all emergency responders at least thirty (30) days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Drilling shall not commence until the City has approved the plan. The plan must contain the MSDS or similar disclosure for all chemicals used on site. Such plan must also contain a provision that upon the discovery of any oil and/or gas leak, spill, and/or emission release, the City must be notified and all operations must immediately cease until such equipment has been repaired. After the equipment has been repaired and prior to operation, operator must submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. The City must be notified regarding any modifications to operations or a change in the use of chemicals.

      7.   An appropriate site orientation and training of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the City will be conducted prior to the commencement of drilling or operations. The cost and expense of the orientation shall be the sole responsibility of the applicant.

      8.   A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the City. A copy of any remediation and/or mitigation plan filed with the State must be submitted to the City and approved prior to the commencement of operations.

      9.   The applicant shall provide, prior to drilling, current documentation of baseline water testing on a minimum of two (2) domestic wells, down gradient (one may be up gradient if 2 down well gradient wells do not exist), which wells shall be located within one-fourth (1/4) of a mile of the well site. Such wells shall be retested at least annually and the results submitted to the City. If two (2) domestic wells are not found within one- fourth (1/4) mile, the applicant shall install a monitoring well at the well site for such testing. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions, trace elements, radiochemical, and organic constituents as determined by the City Engineer.

      10.   Non-reactive/non-radioactive chemical tracers must be used in all drilling fluids.

      11.   Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment.

      12.   The applicant shall comply with all State and Federal air quality regulations. The applicant shall report the receipt of any air quality complaints to the City within ten (10) days.

      13.   The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of not less than fifteen million dollars ($15,000,000.00) per occurrence with an aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in the State of Idaho shall write the policy. The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason. The applicant will be required to sign an indemnification provision with the City. (Ord. 629, 3-12-2018; amd. Ord. 682, 5-10-2021)

   A.   Within seven (7) business days after receipt of a permit application, the City will determine whether the application is complete and advise the applicant accordingly.

   B.   If the application is complete and fulfills the requirements of this chapter, the City shall issue a permit within twenty one (21) days following the date the complete application was submitted.

   C.   If the application is incomplete or does not fulfill the requirements of this chapter, the City shall return the application to the applicant. After necessary changes have been made, the City shall follow subsection B of this section.

   D.   As a condition of permit approval, applicant shall provide all permits and plans from the department and all other appropriate regulatory agencies within thirty (30) days of receipt of such permits and plans.

   E.   If temporary housing for well site workers is proposed on the well site, a plan showing the number and location of the units shall be provided to the City. Temporary housing plans shall be in compliance with all applicable City regulations. (Ord. 629, 3-12-2018)

   A.   Access:

      1.   Vehicular access to a natural gas well, oil well or well pad solely via a residential street is prohibited unless it can be proven that the only viable vehicular access to the well site is via the residential route. The use of collector streets is required, unless no viable alternative exists.

      2.   City adopted standards pertaining to minimum traffic sight distances for all access points shall be adhered to. A stabilized construction entrance shall be installed between the site and the access road pursuant to the Idaho Standards for Public Works Construction.

      3.   Access directly to State roads from a well site may require an Idaho Transportation Department (ITD) Approach Permit. Prior to initiating any work at a drill site, the City shall be provided a copy of any required approach permit.

      4.   Access directly to City local streets shall require a Road Repair Agreement with the City prior to initiating any work at well site. Operator shall comply with any generally applicable bonding and permitting requirements for City roads that are to be used by vehicles for site construction, drilling activities and site operations. The Road Repair Agreement must be signed by the operator prior to any operations. The Road Repair Agreement shall cover permitting for any desired use of the City rights-of-way, requirements for road revisions such as for safe driveway approaches, and fees and notice regarding damages or obstructions to City roadways used. The operator may be required by the Public Works Department to regularly clean excessive mud and debris off of access roads. The operator may also be required to pay for traffic control during times of inordinate traffic disturbances that keep people from accessing their homes and businesses as determined by the Public Works Department.

      5.   No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, oil and gas or petroleum liquids on, under or through the streets, alleys or other properties owned by the City without an easement or right-of-way permit from the City, pursuant to resolution no. 2009-05, as such may be amended, and then only in strict compliance with other City ordinances and all requirements of the City's Department of Public Works.

   B.   Height:

      1.   There shall be an exception to the height restrictions contained in this Code for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual time period of drilling or redrilling of an oil or gas well or pad drilling.

   C.   Setbacks/Location:

      1.   Oil and gas wells shall not be constructed within one thousand two hundred feet (1,200') of the nearest property line of an existing occupied structure, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within eight hundred feet (800') of a highway.

      2.   Oil and gas wells may be constructed less than one thousand two hundred feet (1,200') but more than one hundred feet (100') from the nearest property line, or if located on the property, of an existing occupied structure or domestic water well if the operator has obtained the express written permission from the owner of the occupied structure or domestic water well.

      3.   Oil and gas wells shall not be constructed within one thousand two hundred feet (1,200') of an existing church, school, hospital/medical facility, or places of assembly.

      4.   Oil and gas wells shall not be constructed within the FEMA special flood hazard area.

      5.   Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with the City residents' enjoyment of their property and future City development activities as authorized by the City's applicable regulations.

   D.   Screening And Fencing:

      1.   Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned 24-hour on-site supervision and security are provided.

      2.   Upon completion of drilling or redrilling in residential, industrial or commercial zones, security fencing, acceptable to the landowner, the operator, and the City shall be installed within ten (10) days after the completion of the well, at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.

      3.   Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have vehicular openings no less than twenty feet (20') wide, pursuant to International Fire Code requirements for minimum fire lane access. Additional lockable gates used to access oil and gas well sites by foot may be allowed or required, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox system.

      4.   Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.

      5.   In construction of oil or gas well sites, the natural surrounding should be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Re-forestation/re-vegetation of the well site will be provided by the owner/operator as required by the State Rules Governing Oil and Gas Conservation.

   E.   Lighting: Lighting at the oil or gas well site, either temporary or permanent, shall be directed downward and inward toward the activity so as to minimize glare on public roads and prevent direct illumination of adjacent properties. Lighting shall be adequate to ensure safety while minimizing the disturbance to adjacent properties.

   F.   Noise: The City recognizes that oil and gas development is accompanied by inherent noise. However, the operator shall consider, to the extent possible, mitigation of noise resulting from the oil or gas well development. The operator shall comply with the City's noise regulations unless the operator can prove to the City that such noise regulations prohibit operations.

   G.   Dust Control, Vibrations And Odors:

      1.   To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct drilling and production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for drilling and production of gas and other hydrocarbons.

      2.   The operator shall adopt proven technological improvements in industry standards for drilling and production of reducing dust, vibration, and odor.

      3.   If the City determines that the dust, vibrations, or odors related to the drilling and production use present an unreasonable risk of injury, operations must cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the drilling and production have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install equipment on vehicles to minimize mud and debris with construction of access roads for vehicles exiting the site.

      4.   Operator shall control fugitive dust arising from operations. Operator shall follow dust control methods approved in the dust control plan. Brine water, sulfur water, water in mixture with any type of hydrocarbon, including used motor oil may not be used for dust suppression.

      5.   Any unpaved gravel areas shall be covered by a final layer of washed aggregate.

   H.   Work Hours: Site development, other than initial drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday. Truck deliveries of equipment and materials associated with drilling, drill stem testing, workovers, fracturing, well servicing, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency. The operator may request an exception to this section for good cause shown.

   I.   Waiver: In the case of an application for permit under this section, a waiver from an imposed condition(s) shall be granted if the provision is in operational conflict with chapter 3, title 47 of the Idaho Code or the Rules Governing Oil and Gas Conservation or if an imposed condition(s) would actually or operationally prohibit the extraction of oil and gas. The applicant will have the burden to show there is an actual or operational conflict and the local and State rules cannot be implemented harmoniously. (Ord. 629, 3-12-2018)

   A.   Oil And Gas Post-Extraction:

      1.   Zoning Classifications: Oil or gas post-extraction facilities shall only be allowed in the Heavy Industrial Zoning District, subject to the standards listed herein. Such facilities are prohibited in all other zoning districts.

      2.   Permit Requirement:

         a.   No oil or gas post-extraction facility shall be constructed or located within the City unless a conditional use permit has been issued to the applicant approving the construction or preparation of the site for oil or gas post-extraction activities.

         b.   Each application shall be submitted with the fee established pursuant to resolution of the City.

         c.   Any modification to an oil and gas post-extraction site that materially alters the size, location, number of accessory equipment or structures, shall require a modification of the permit under this ordinance. Like-kind replacements shall not require a permit modification.

      3.   Permit Application: The applicant shall provide to the City at the time of permit application:

         a.   A narrative describing an overview of the post-extraction project including the number of acres to be disturbed for development, the process proposed for post-extraction, including, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures number and description of equipment and structures to the extent known. In addition to the narrative statement, each application shall contain the following:

            (1)   The surface owner’s name, address, email address, and phone numbers.

            (2)   The mineral owner’s name, address, email address, and phone numbers (if different than the surface owner).

         b.   The address of the oil or gas post-extraction site and a legal description of the parcel as determined by the City and information needed to gain access to the site in the event of an emergency.

         c.   The contact information of the individual or individuals responsible for the operation and activities at the oil or gas post-extraction site shall be provided to the City and all applicable emergency responders as determined by the City. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City and all applicable emergency responders as determined by City.

         d.   A scaled site plan of the oil or gas post-extraction site showing the planned access roads, compressor stations, dehydration facilities, tanks, pits or ponds, collection lines, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas post-extraction site.

         e.   A narrative and map describing the planned access routes to the site on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the post-extraction operations.

         f.   A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the City and all emergency responders at least thirty (30) days prior to the commencement of operations and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Operations shall not commence until the City has approved the plan. The plan must contain the MSDS or similar disclosure for all chemicals used on site. Such plan must also contain a provision that upon the discovery of any oil and/or gas leak, spill, and/or emission release, the City must be notified and all operations must immediately cease until such equipment has been repaired. After the equipment has been repaired and prior to operation, operator must submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. The City must be notified regarding any modifications to operations or a change in the use of chemicals.

         g.   An appropriate site orientation and training of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the City will be conducted prior to the commencement of post-extraction activities. The cost and expense of the orientation shall be the sole responsibility of the applicant.

         h.   A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the City. A copy of any remediation and/or mitigation plan filed with the State must be submitted to the City and approved prior to the commencement of operations.

         i.   The applicant shall provide, prior to post-extraction, current documentation of baseline water testing on a minimum of two (2) domestic wells, down gradient (1 may be up gradient if 2 down well gradient wells do not exist), which wells shall be located within one-fourth (1/4) of a mile of the well site. Such wells shall be retested at least annually and the results submitted to the City. If two (2) domestic wells are not found within one- fourth (1/4) mile, the applicant shall install a monitoring well at the well site for such testing. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions, trace elements, radiochemical, and organic constituents as determined by the City Engineer.

         j.   Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment.

         k.   The applicant shall comply with all State and Federal air quality regulations. The applicant shall report the receipt of any air quality complaints to the City within ten (10) days.

         l.   The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of not less than fifteen million dollars ($15,000,000.00) per occurrence with an aggregate of thirty million dollars ($30,000,000.00) and a company authorized to do business in the State of Idaho shall write the policy. The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason. The applicant will be required to sign an indemnification provision with the City.

      4.   Site Design And Installation:

         a.   Access:

            (1)   Vehicular access to the project site solely via a residential street is prohibited unless it can be proven that the only viable vehicular access to the site is via the residential route. The use of collector streets is required, unless no viable alternative exists.

            (2)   City adopted standards pertaining to minimum traffic sight distances for all access points shall be adhered to. A stabilized construction entrance shall be installed between the site and the access road pursuant to the Idaho Standards for Public Works Construction.

            (3)   Access directly to State roads from a project site may require an Idaho Transportation Department (ITD) Approach Permit. Prior to initiating any work at the site, the City shall be provided a copy of any required approach permit.

            (4)   Access directly to City local streets shall require a Road Repair Agreement with the City prior to initiating any work at well site. Operator shall comply with any generally applicable bonding and permitting requirements for City roads that are to be used by vehicles for site construction, drilling activities and site operations. The Road Repair Agreement must be signed by the operator prior to any operations. The Road Repair Agreement shall cover permitting for any desired use of the City rights-of-way, requirements for road revisions such as for safe driveway approaches, and fees and notice regarding damages or obstructions to City roadways used. The operator may be required by the Public Works Department to regularly clean excessive mud and debris off of access roads. The operator may also be required to pay for traffic control during times of inordinate traffic disturbances that keep people from accessing their homes and businesses as determined by the Public Works Department.

            (5)   No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, oil and gas or petroleum liquids on, under or through the streets, alleys or other properties owned by the City without an easement or right-of-way permit from the City, pursuant to resolution no. 2009-05, as such may be amended, and then only in strict compliance with other City ordinances and all requirements of the City's Department of Public Works.

         b.   Height: No post-extraction facility shall exceed thirty five feet (35').

         c.   Setbacks/Location:

            (1)   Post-extraction facilities shall not be constructed within:

               (A)   Eight hundred feet (800') from a highway.

               (B)   One thousand five hundred feet (1,500') from the nearest property line of an existing occupied structure.

               (C)   One thousand five hundred feet (1,500') from a water well, ditches or canals.

               (D)   Two thousand feet (2,000') from the nearest property line of an existing church, school, hospital/medical facility, or place of assembly.

            (2)   Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with City residents' enjoyment of their property and future development activities as authorized by the City applicable ordinances.

            (3)   Post-extraction facilities shall not be constructed within the FEMA special flood hazard area.

         d.   Screening And Fencing:

            (1)   Security fencing with materials approved by the City, shall be installed around post-extraction structures and ponds or pits prior to the commencement of post-extraction.

            (2)   Security fencing shall be at least six feet (6') in height equipped with lockable gates at every access point and have vehicular openings no less than twenty feet (20') wide, pursuant to International Fire Code requirements for minimum fire lane access. Additional lockable gates used to access oil and gas well sites by foot may be allowed or required, as necessary. The Fire Chief shall be provided with a method to access the drill site in the case of an emergency, preferably by use of the Knox system.

            (3)   Warning signs shall be placed on the fencing surrounding the oil or gas post-extraction site providing notice of the potential dangers and the contact information in case of an emergency.

            (4)   In construction of post-extraction sites, the natural surrounding should be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Re-forestation/re-vegetation of the site will be provided by the owner/operator as required by Rules Governing Oil and Gas Conservation.

         e.   Lighting: Lighting at the site, either temporary or permanent, shall be directed downward and inward toward the activity so as to minimize glare on public roads and prevent direct illumination of adjacent properties. Lighting shall be adequate to ensure safety while minimizing the disturbance to adjacent properties.

         f.   Noise: Post-extraction activities shall comply with the City's noise regulations.

         g.   Dust Control, Vibrations And Odors:

            (1)   To prevent injury or nuisances to persons living and working in the area surrounding the operation site, the operator shall conduct production in a manner that minimizes dust, vibrations, or odors, and in accordance with industry best practices for production of gas and other hydrocarbons.

            (2)   The operator shall adopt proven technological improvements in industry standards for production of reducing dust, vibration, and odor.

            (3)   If the City determines that the dust, vibrations, or odors related to the drilling and production use present an unreasonable risk of injury, operations must cease until such issue is adequately addressed to the satisfaction of the City. If the City determines that the dust, vibrations, or odors related to the drilling and production have become a nuisance to persons living and working in the area, the City shall require the operator to adopt reasonable methods for reducing the dust, vibrations, and odors. This may include a requirement to install equipment on vehicles to minimize mud and debris with construction of access roads for vehicles exiting the site.

            (4)   Operator shall control fugitive dust arising from operations. Operator shall follow dust control methods approved in the dust control plan. Brine water, sulfur water, water in mixture with any type of hydrocarbon, including used motor oil may not be used for dust suppression.

            (5)   Any unpaved gravel areas shall be covered by a final layer of washed aggregate.

         h.   Hours Of Operation: Site development, other than drilling shall be conducted only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Monday through Friday and nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. on Saturday. Truck deliveries of equipment and materials associated with post- extraction, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency.

      5.   Waiver: In the case of an application for permit under this section, a waiver from an imposed condition(s) shall be granted if the provision is in operational conflict with chapter 3, title 47 of the Idaho Code or the Rules Governing Oil and Gas Conservation. The applicant will have the burden to show there is an actual or operational conflict and the local and State rules cannot be implemented harmoniously. (Ord. 629, 3-12-2018; amd. Ord. 682, 5-10-2021)