This chapter is known and may be cited as the Louisville Oil and Gas Regulations.

(Code 1977, § 17.68.010; Ord. No. 1193-1995, § 3)

All terms used in this chapter that are defined in the Act or in commission regulations and are not otherwise defined in this section are defined as provided in the Act or in such regulations as of the effective date of this chapter. All other words used in this chapter are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in such oil and gas industry. When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

Accessory equipment means any equipment which is integral to the production and operation of an oil or gas well, including, but not limited to, tanks, treaters, separators, and production pits.

Act means the Oil and Gas Conservation Act of the state, as from time to time amended.

Berm means an earthen barrier of compacted soils preventing the passage of liquid materials, or providing screening from adjacent uses, as may be specified in an applicable requirement.

Commission or OGCC mean the oil and gas conservation commission of the state.

Day means a period of 24 consecutive hours.

Designated agent means the designated representative of any producer, operator, transporter, refiner, or gasoline or other extraction plant operator or owner.

Director means the director of the oil and gas conservation commission of the state.

Gas means all natural gases and all hydrocarbons not defined in this section as "oil."

Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal, pursuant to authorizations granted by the OGCC.

Inspector means any person designated by the chief building official, or designee thereof, who shall have the authority to inspect a well site to determine compliance with this chapter and other applicable ordinances of the city.

Local government designee means the employee who receives, on behalf of the city, copies of all documents required or requested to be filed with the local government designee pursuant to the OGCC regulations and these rules.

Oil means crude petroleum oil and any other hydrocarbons, regardless of gravities, which are produced at the well in liquid form by ordinary production methods, and which are not the result of condensation of gas before or after it leaves the reservoir.

Oil and gas means oil or gas, or both oil and gas.

Oil and gas well means a hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

Operating plan means a general description of an oil or gas well facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operation, source of services, infrastructure, and any other information related to regular functioning of that facility.

Operator means the person designated as operator and named in OGCC Form 2 or a subsequently filed OGCC Form 10.

Owner means any person with a working interest ownership in the oil and gas or leasehold interest therein.

Production pits means those pits used for initial settling, temporary storage, or disposal of produced water by permeation or evaporation after drilling and initial completion of the well.

Production site means that surface area immediately surrounding proposed or existing production pits, or other accessory equipment necessary for oil and gas production activities, exclusive of transmission and gathering pipelines.

Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

Sales and use tax is the tax paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the city.

Sidetracking means entering the same well head from the surface, but not necessarily following the same well bore, throughout its subsurface extent when deviation from such well bore is necessary to reach the objective depth because of an engineering problem.

Tank means any container used in conjunction with the production or storage of petroleum and hydrocarbon substances, stored at or near atmospheric pressure.

Treatment facilities means any plant, equipment or other works used for the purpose of treating, separating or stabilizing any substance produced from a well.

Twinning means the drilling of a well adjacent to or near an existing well bore when the such existing well cannot be drilled to the objective depth or produced due to an engineering problem.

Well means an oil and gas well or an injection well.

Well head means the equipment attaching the surface equipment to wellbore equipment at the well.

Well site means that surface area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling completion, recompletion, workover, development, and production activities.

(Code 1977, § 17.68.020; Ord. No. 1193-1995, § 3)

A.

Well sites and production sites that are in existence on the effective date of the ordinance from which this chapter is derived, or are located within territory which thereafter is annexed to the city, may continue operating without the approval of a use permitted by special review until the production site is expanded, or new wells are drilled on the well site. Construction or reconstruction of access roads shall conform to the requirements of this chapter. The construction or reconstruction shall not require the accessory equipment in a production site or a well site to conform to the development standards in this chapter. The right to operate a well site or production site terminates if the use thereof is discontinued for six months or more, other than by temporary abandonment or shut-in which is in conformance with OGCC regulations.

B.

Accessory equipment and pumping systems that are in existence on the effective date of the ordinance from which this chapter is derived, or are located within territory which thereafter is annexed to the city, may continue operating without the approval of a use permitted by special review. Any renovation or repair of nonconforming accessory equipment or pumping systems shall be permitted without the approval of a use permitted by special review, provided the work does not increase the degree of nonconformity. Any replacement of existing accessory equipment or any addition of accessory equipment shall conform to this chapter. The replacement or addition of individual tanks, treaters, or separators shall not require the remaining accessory equipment in a production site, an access road, or a well site to conform to the development standards in this chapter.

C.

The provisions of this chapter shall apply to the permitting, construction, erection, maintenance, alteration, repair, and location of wells, accessory equipment, or structures within the city.

D.

Nothing in this section shall be construed to limit other applicable ordinances of the city not in conflict herewith. If there is a conflict between this chapter and other ordinances of the city, this chapter shall govern to the extent of any conflict.

(Code 1977, § 17.68.030; Ord. No. 1193-1995, § 3)

Any operator planning to commence oil and gas operations within the city must file an operator registration providing the following information at least 30 days prior to filing an application for a use by special review or any other land use permit for such operations:

A.

Company name, address, email and mobile phone contact information for two individuals associated with the company who live within 30 miles of the city and who will serve as 24-hour emergency contacts for the proposed operations.

B.

Comprehensive planning information as follows:

1.

Based on the operator's business plan as of the date of registration, a good faith estimate of the number of well sites and wells the operator intends to drill in the next five years within the city. A publicly traded company's well estimates may be based on reserves classified as "proved undeveloped" for SEC reporting purposes.

2.

A map showing the location within the city of any sites for which the operator has approved or has submitted applications for drilling and spacing orders, or OGCC Form 2s or Form 2As, and sites the operator has identified for development within the next five years for which it has not yet submitted applications for OGCC permits.

3.

Well estimates provided as part of the operator registration must be made using reasonable business judgment based on information known to the operator as of the date of the registration.

C.

Information demonstrating the operator is capable of fulfilling and is likely to fulfill the obligations imposed by this chapter and the Oil and Gas Conservation Act, including:

1.

A certified list of all instances within the previous ten years where the OGCC, other state agency, municipality, or county found the operator had not complied with applicable state or local requirements with respect to drilling, operation, or decommissioning of a well. The list must identify the date of the determination, the entity or agency making the determination, the nature of the non-compliance, and, if applicable, the final resolution of the issue. If no such instances of non-compliance exist, the operator must certify to that effect.

2.

Certified copies of all financial assurances filed with the OGCC under OGCC Rules 703, 706, and 707.

3.

A certified copy of a policy of general liability insurance or self-insurance program approved by the Colorado Insurance Commission, in the amount of no less than $1,000,000.00 per occurrence, insuring the operator against property damage and bodily injury to third parties. The policy shall be written by a company authorized to do business in the State of Colorado unless the operator provides evidence it is adequately self-insured. The policy shall include the city as a certificate holder.

4.

A report on greenhouse gas emissions for all oil and gas facilities in Boulder County owned or leased by the operator for the calendar year prior to registration or renewal. The report must be in form required by the United States Environmental Protection Agency for reporting greenhouse gas emissions (EPA sub part W).

D.

Following registration, operators must notify the City in writing of any material change in the information provided pursuant to subsection C of this section within 30 days of such change. If an operator does not file an application for a use by special review or other land use permit for oil and gas operations within five years following registration, the registration shall lapse and the operator must file a new operator registration meeting the requirements of this section at least 30 days before filing an application for a use by special review or any other land use permit for oil and gas operations to be conducted within the city.

(Ord. No. 1783-2019, § 2, 9-17-2019)

In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the city at reasonable times to determine compliance with applicable provisions of this chapter, the Uniform Fire Code, the Uniform Building Code, and all other applicable standards in this Code. For the purpose of implementing and enforcing the provisions of this chapter, city personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present.

(Code 1977, § 17.68.040; Ord. No. 1193-1995, § 3)

When an applicant wishes to drill a well within any zoning district that has not been previously permitted under this chapter, it is unlawful for any person to perform any such operation unless a use permitted by special review has first been approved by the city council and a notice to proceed has been issued as provided in this chapter. When a use permitted by special review has been approved and a notice to proceed has been issued for a well, the twinning, sidetracking, or reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this chapter. The approval of such use by special review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments. All documents necessary for the special review, including the application, shall be filed with the city manager or the manager's designee.

(Code 1977, § 17.68.050; Ord. No. 1193-1995, § 3)

A.

The site plans for a well site submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps, at a scale no less than one inch equals 50 feet (1;inch; = 50;ft;), showing the following information:

1.

Name of proposed well(s) and the location of the proposed well site and production site including well, proposed twinning locations, motors, tank battery, separators and treaters, production pits, transmission and gathering pipelines and other accessory equipment to be used during the drilling, maintenance and operation of the proposed well. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering pipe lines within 660 feet of the well site shall be shown.

2.

The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.

3.

True north arrow.

4.

Drainage and erosion control plans for the well site and the area immediately adjacent to the well site, if applicable.

5.

A legal description of the property upon which the well site production and production site are to be situated.

6.

Well site and existing lease boundaries.

7.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the well site or production site.

8.

The name and address of the operator and the signature and seal of a professional land surveyor.

9.

A completed application on a form furnished by the city.

10.

A schedule of drilling and anticipated completion of events related to the proposed well.

11.

An access plan indicating proposed equipment routes and loading information, including location of access roads.

12.

Storage facilities associated with the well site and production site depicted, and a description and location of proposed landscaping, intended color of paint for storage tanks and other permanent structures, fencing, and berming for the site.

13.

The site plan shall depict all existing physical features including drainageways, floodplains, roads and rights-of-way within 1,000 feet of a well site or production site. The site plan shall also depict existing subdivision boundaries, existing buildings or structures, property lines, public and private utility easements of record and utility facilities and improvements within 400 feet of the well site or production site.

B.

The applicant shall further be required to submit:

1.

Twenty-five folded, blue or black line sets of the site plan application elements, and one set of photographic original mylar sheets.

2.

Twenty-five copies of the drainage and erosion control plans for on-site and off-site drainage.

3.

Graphic representations (preferably a representative photograph or pictorial drawing) of the type of equipment to be used during drilling, completion, maintenance, or abandonment operations, as applicable.

4.

An 8½ by 11 inch black and white reduction of each site plan and vicinity map suitable for photography showing sufficient detail, but general enough to be legible.

(Code 1977, § 17.68.060; Ord. No. 1193-1995, § 3)

A.

The vicinity maps for a well site submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps showing the following information:

1.

Location of all existing bodies of water and watercourses, including direction of water flow. This information shall be submitted on United states Geological Service (USGS) 7.5 minutes series, assessor base maps which indicate topographic detail and show all existing bodies of water and watercourses with a physically defined channel within a 1,000-foot radius of the proposed well or a map of equal quality and information.

2.

Location of existing oil and gas wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells (including abandoned wells) within a 1,000-foot radius of the proposed location for the well.

3.

Location of proposed well site and proposed production site. The information to be submitted shall be that contained on OGCC Form 2 and shall be graphically depicted on a map of the section in which the sites are to be located. The information shall also include the parcel tax identification number of the property on which the well site and production site are to be located.

B.

Twenty-five sets of the vicinity map shall be submitted with the application.

(Code 1977, § 17.68.070; Ord. No. 1193-1995, § 3)

A.

In addition to the site plans and the vicinity maps required in sections 17.68.060 and 17.68.070, the application shall also include the following narrative elements:

1.

The operator and surface owner's names and addresses, OGCC Forms 1 and 2, and designation of agent, if applicable.

2.

An operating plan.

3.

A list of all permits or approvals obtained or to be obtained from local, state or federal agencies other than OGCC.

4.

An emergency response plan that is mutually acceptable to the operator and the appropriate fire district that includes but is not limited to a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well, and provisions for access by emergency response entities.

5.

A plan for weed control at the well site.

6.

A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and other pertinent information. Prior to application to the city, a proposed fire protection and emergency response plan shall be submitted to and reviewed by the fire district.

7.

To the extent it can be determined at the time of application and to the extent applicable, sources of water to be used in drilling operations of a proposed well, the number of personnel expected at the well site during drilling operations, and expected noise levels.

8.

Sanitary facilities must comply with section 602(g) of the OGCC regulation.

B.

Twenty-five sets of narrative shall be submitted with the application.

(Code 1977, § 17.68.080; Ord. No. 1193-1995, § 3)

A.

The city council shall approve or approve with conditions an application for a use permitted by special review for a well site if the application submitted by the applicant conforms to the following requirements:

1.

Compliance with fee requirements in section 17.68.120.

2.

Compliance with site plan requirements in section 17.68.060.

3.

Compliance with vicinity map requirements in section 17.68.070.

4.

Compliance with the narrative requirements in section 17.68.080.

5.

Compliance with well location and setback requirements in section 17.68.140.

6.

When applicable, compliance with noise regulation and special mitigation measures in section 17.68.150.

7.

When applicable, compliance with the visual impact and aesthetic requirements in section 17.68.160.

8.

When applicable, compliance with access road requirements in section 17.68.200.

9.

When applicable, compliance with the wildlife mitigation requirements in section 17.68.230.

10.

Compliance with the production site containment requirements in section 17.68.210.

11.

Compliance with sign standard requirements in section 17.68.240.

12.

Compliance with additional performance standard requirements in section 17.68.220.

13.

Compliance with fencing and landscaping requirements in section 17.68.250.

14.

Compliance with the Uniform Building Code and the Uniform Fire Code, title 15 of this Code.

B.

The city council shall deny an application for a well site or production site that does not meet the requirements listed in subsection A of this section.

(Code 1977, § 17.68.090; Ord. No. 1193-1995, § 3)

Prior to commencement of operations for which a use permitted by special review has been approved, a "notice to proceed" shall be obtained from the city planning director or the director's designee. The following documentation must be submitted and approved prior to the issuance of the notice to proceed:

A.

A copy of the city council resolution approving a use permitted by special review for a well or wells.

B.

A copy of the approved site plan.

C.

Copies of any necessary state or federal permits issued for the operation, if not previously submitted.

D.

A valid city sales and use tax license.

(Code 1977, § 17.68.100; Ord. No. 1193-1995, § 3)

All drilling operations approved under this chapter must be completed within six months from the date of the approval of the special review use unless a different period is specified in the special review use agreement between the city and the special review use applicant.

(Code 1977, § 17.68.110; Ord. No. 1193-1995, § 3)

Accompanying the application shall be an application fee. Reasonable application fees for the review and processing of the application, site inspections, and any services provided by the city or its authorized personnel made necessary by the application shall be established, from time to time, by order of the city manager.

(Code 1977, § 17.68.120; Ord. No. 1193-1995, § 3; Ord. No. 1603-2011, § 6, 10-18-2011)

Building permits must be obtained for all aboveground structures to which the Uniform Building Code applies.

(Code 1977, § 17.68.130; Ord. No. 1193-1995, § 3)

In all areas of the city the following apply:

A.

A well site shall be set back not less than 350 feet from any occupied building or occupied building permitted for construction and shall be set back not less than 75 feet from any public right-of-way.

B.

Production sites shall be set back not less than 350 feet from any occupied building or occupied building permitted for construction and shall be set back not less than 75 feet from any public right-of-way.

(Code 1977, § 17.68.140; Ord. No. 1193-1995, § 3)

A.

Any equipment used in the drilling, completion or production of a well shall comply with C.R.S. § 25-12-103, as amended from time to time (Maximum Permissible Noise Levels). Any operation involving the use of a drilling rig, workover rig, cementing or fracing equipment is subject to the maximum permissible noise levels in C.R.S. § 25-12-103(5), as amended from time to time. All other operations shall comply with the maximum permissible noise levels established by statute, if any, for the particular land use existing in the zone in which the operation occurs; provided that the city shall grant relief from these noise level requirements to the extent granted by the commission. To the extent practicable, exhaust from all engines, motors, coolers, and other mechanized equipment shall be vented in a direction away from occupied buildings.

B.

Where a well and well site do not comply with the required setback or other requirements of this chapter or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes but is not limited to the following: hospitals, dwelling units, nursing homes, hotels, churches, schools, and designated wildlife reserves. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:

1.

Nature and proximity of adjacent development, location, and type;

2.

Prevailing weather patterns, including wind directions;

3.

Vegetative cover on or adjacent to the site; or

4.

Topography.

C.

Based upon the specific site characteristics set forth above, nature of the proposed activity and its proximity to surrounding development, and type and intensity of the noise emitted, additional noise abatement measures may be required. The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One or more of the following additional noise abatement measures may be required:

1.

Acoustically insulated housing or cover enclosing the motor or engine;

2.

Noise management plan identifying hours of maximum noise emissions, type, frequency, and level of noise to be emitted, and proposed mitigation measures; or

3.

Any abatement measures required by the commission for high density areas, if applicable.

(Code 1977, § 17.68.150; Ord. No. 1193-1995, § 3)

A.

To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features such as distinctive rock and land forms, vegetative patterns, ditch crossings, city-approved open space areas, and other approved landmarks.

B.

To the maximum extent practicable, the applicant shall use structures of minimal size to satisfy present and future functional requirements.

C.

To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation.

D.

To the maximum extent practicable, a well site and a production site shall be located to avoid the top of hills and ridges in order to prevent the appearance of pumpjack and accessory equipment profiles on the horizon.

E.

The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.

F.

To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.

G.

Facilities shall be painted as follows:

1.

Uniform, noncontrasting, nonreflective color tones.

2.

Color matched to land, not sky, slightly darker than adjacent landscape.

3.

Exposed concrete colored or painted to match soil color.

H.

Electric pumping systems shall be required in areas where feasible.

I.

No tanks or treatment facilities located in a production site shall exceed eight feet in height, with the exception of venting pipes which shall not exceed 16 feet in height.

J.

There shall be no more than two storage tanks installed on a production site unless additional tanks are specifically approved by the city council.

K.

Electrical lines servicing pumping and accessory equipment shall be installed below ground only.

L.

After commencement of production operations, all excavation slopes, both cut and fill, shall be planted and maintained with grasses, plants, or shrubs for the purposes of adequate erosion control.

M.

To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from such areas to eliminate glare.

(Code 1977, § 17.68.160; Ord. No. 1193-1995, § 3)

The approval of a use permitted by special review shall not relieve the operator from complying with all commission rules with respect to abandonment and plugging of wells. The operator shall provide the city with commission Form 4 at the time that it is filed with the commission.

(Code 1977, § 17.68.170; Ord. No. 1193-1995, § 3)

The approval of a use permitted by special review shall not relieve the operator from complying with all commission rules with respect to seismic operations. All notices which an operator is required to file with the commission with respect to seismic operations shall be filed with the city on a timely basis. The city shall comply with the same confidentiality requirements which bind the commission.

(Code 1977, § 17.68.180; Ord. No. 1193-1995, § 3)

The approval of an oil and gas use permitted by special review shall not relieve the operator from complying with all commission rules with respect to site reclamation.

(Code 1977, § 17.68.190; Ord. No. 1193-1995, § 3)

A.

All private roads used to access a production site or a well site shall be improved prior to the drilling of the well and maintained according to the following standards which shall control in the event of a conflict:

1.

Access roads to the production site shall be subject to review by the public works department in accordance with the city standards and specifications and the following minimum standards:

a.

A graded roadway having a prepared subgrade and an aggregate base course surface a minimum of ten inches thick compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate base course at a minimum shall meet the requirements for Colorado Department of Transportation Class 1, 4, 5, or 6 aggregate base course, as specified in the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction," latest edition.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (i.e. roadside swales, gulches, rivers, creeks, etc.) by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval of the director of public works or the director's designee.

c.

Maintained so as to provide a passable roadway generally free of ruts.

2.

Access roads to well sites shall be subject to review by the public works department in accordance with the city standards and specifications and the following minimum standards which shall control in the event of a conflict:

a.

A graded, dirt roadway compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval of the director of public works, or the director's designee.

c.

Maintained so as to provide a passable roadway generally free of ruts.

3.

All proposed access roads to well sites and production sites which gain access off of paved public right-of-way shall be improved as stated above and, in addition, the point of intersection with the public right-of-way shall be improved to the following minimum standards:

a.

An access width of 20 feet with paved 25 foot radii at each side of the access road at the point of intersection with the public right-of-way; and

b.

A minimum of six inches of asphalt pavement over the initial 20 foot portion of the proposed access road, beginning at the edge of the existing pavement of a paved public right-of-way.

(Code 1977, § 17.68.200; Ord. No. 1193-1995, § 3)

A.

To the maximum extent possible, all accessory equipment shall be located within a central battery area which conforms to the production site setback requirements.

B.

All permanent production tanks shall be located within a containment berm. Such containment berm shall be designed to permit reasonable and adequate access and service. The containment berm shall be so designed to be capable of impounding an amount of fluid equal to 100 percent of the capacity of the largest tank within such berm.

(Code 1977, § 17.68.210; Ord. No. 1193-1995, § 3)

A.

All equipment at drilling and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act. Unless otherwise stated in this chapter, all wells and accessory equipment shall comply with chapter 17.56 pertaining to floodplain zoning and with chapter 17.32 pertaining to areas and activities of statewide interest. In addition, the following standards shall apply:

B.

All structures and equipment shall be maintained so as not to become a hazard or injurious to public health and safety.

C.

All produced oil or gas shall be transported from the well to the on-site treatment facilities and production pits by buried pipeline.

D.

Air containment emission sources shall comply with the permit and control provisions of the state air quality control program, C.R.S. § 25-7-101 et seq., as amended from time to time, and the rules and regulations promulgated by the Colorado Air Quality Control Commission.

E.

All well production sites shall comply with all current applicable state and federal regulations and standards concerning water quality and waste disposal.

(Code 1977, § 17.68.220; Ord. No. 1193-1995, § 3; Ord. No. 1228-1996, § 1, 8-20-1996)

A.

When a well site or production site is located in a significant wildlife habitat, as defined by the Colorado Division of Wildlife or as designated by the city, the applicant shall consult with the Colorado Division of Wildlife and the city to obtain recommendations for appropriate site-specific and cumulative impact mitigation procedures. The operator or owner shall implement such procedures as recommended by the Colorado Division of Wildlife after consultation with the city.

B.

The applicant shall not engage in activities which the Colorado Division of Wildlife determines threaten endangered species.

(Code 1977, § 17.68.230; Ord. No. 1193-1995, § 3)

Each well site and production site shall have posted in a conspicuous place a legible sign of not less than three square feet and not more than six square feet bearing the current name of the operator, a current phone number, including area code, where the operator may be reached at all times, name or number of the lease and number of the well printed thereon. The sign shall warn of safety hazards to the public and shall be maintained on the premises from the time materials are delivered for drilling purposes until the well site and production site are abandoned.

(Code 1977, § 17.68.240; Ord. No. 1193-1995, § 3)

A.

Fencing.

1.

Within all residential zoning districts, all pumping systems and accessory equipment used in the operation of a completed well shall be screened on all sides by a solid wood privacy fence of a height equal to the highest accessory equipment, with the exception of venting pipes associated with such equipment.

2.

Within all nonresidential zoning districts, all pumping systems and accessory equipment used in the operation of a completed well shall be screened on all sides by a fence of a height equal to the highest accessory equipment, with the exception of venting pipes associated with such equipment. The fence shall be constructed of either solid wood or chainlink with slats. The slats shall be painted the same color as the accessory equipment within the fence. The specific material used for the fence shall be determined by city council during the special review process based on compatibility with adjacent development and visibility from surrounding residential development.

3.

A required screening fence may not have more than ten square inches of openings in any given square foot of surface. Access through the fence may be provided by a solid gate which preserves the integrity of the screening. Such access gate shall be securely locked to prevent access by unauthorized persons. When a solid wood fence is installed, there shall be a minimum separation of 25 feet between the fence and the accessory equipment.

B.

Landscaping. The owner shall be responsible for landscaping the perimeter of the fence immediately surrounding the well site and production site. The specific requirements for landscape screening and buffering shall be determined by the city council, as part of the special review process, based on one or more of the following landscape criteria:

1.

Earthen berm located around the perimeter of the fence and planted with turf grass or ground cover generally recognized by landscape architects and horticulturists for local area use for the purpose of general screening.

2.

Installation of ground covers, trees, and shrubs for screening and aesthetic purposes.

3.

Designing the facility to utilize natural screens.

4.

All plant materials shall be maintained in a healthy growing condition at all times. The operator is responsible for the regular weeding, mowing, fertilizing, pruning, and other maintenance of all plant materials as needed. Proper irrigation of plant materials shall be provided, except automatic irrigation systems are not required.

5.

Shaping cuts and fills to appear as natural forms.

(Code 1977, § 17.68.250; Ord. No. 1193-1995, § 3)

A.

Compliance required.

1.

It is unlawful to construct, install, or cause to be constructed or installed any oil and gas facility within the city unless a notice to proceed has been issued pursuant to this chapter 17.68. The drilling or redrilling of any well or the production therefrom without such notice to proceed shall constitute a public nuisance. Further, no person, firm, corporation, or legal entity which owns, leases, or operates an oil and gas well or well site shall construct, install, or use, or cause to be constructed, installed, or used, any oil and gas well or well site without first receiving approval of a use permitted by special review and a notice to proceed from the planning director or the director's designee.

2.

No permit, certificate, license, notice to proceed, or other document or oral approval, the use of which is subject to the provisions of these regulations, shall be issued by any department, agency, person, or board until it has been determined that all substantive requirements have been met and all procedures have been followed.

3.

Offenses committed and all liability incurred prior to the effective date of any subsequent amendments to this chapter shall be treated as though all prior applicable regulations were in full force and effect for the purpose of sustaining any suit, action, or prosecution with respect to such offenses and liabilities.

B.

Revocation of the approval of a use permitted by special review. The city shall have the power to revoke any development approval for the violation of any of these regulations or conditions imposed in the granting of the approval of a use permitted by special review. Revocation of the approval of a use permitted by special review requires:

1.

A public hearing where the city council shall determine the nature and extent of the violation of the approval of a use permitted by special review;

2.

Notice to the applicant;

3.

Written notice from the city manager which shall give the applicant the reasons for the proposed cancellation of the approval of a use permitted by special review; and

4.

A finding by the city council that reasonable corrective measures have not been done by the applicant and that revocation of the approval of a use permitted by special review is required.

C.

False or inaccurate information. The city manager may rescind approval of a use permitted by special review if it is determined at a public hearing, held on at least ten days' notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants and employees, knew, or reasonably should have known, was false, misleading, deceptive, or inaccurate. The applicant shall be provided with an opportunity to be heard at the public meeting prior to the city council rendering its decision.

1.

The city council, in its discretion, may impose a conditional revocation of the approval of a use permitted by special review.

2.

The city manager shall have the right to order immediate compliance with any provision of this chapter or any condition of the approval of a use permitted by special review dealing with a direct health or safety issue. If immediate compliance is not obtained, the city manager shall order immediate cessation of operations and refer the matter to the city council for consideration of revocation of the approval of a use permitted by special review.

D.

Enforcement authority. This chapter may be enforced by the city manager, or any other representative of the city. The city manager shall have an immediate and continuous right to compel the operator or owner to cease and desist the violation and terminate its operations. To the extent required, the city police may enforce compliance with these regulations.

E.

Effects of private covenants. Nothing in this chapter shall be construed to render inoperative any restriction established by covenants running with the land, unless such restrictions are prohibited or are less restrictive than the provisions of these regulations. In the event of a conflict, this chapter controls.

F.

Civil action and injunctive relief. In case any building, oil and gas well, or structure is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this chapter, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to abate nuisances and/or to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. In any action for legal equitable relief, in addition to any other penalties or remedies which may be available, the city shall be entitled to recover any damages, costs of action, expert witness fees and reasonable attorney fees incurred should the city prevail.

G.

Violation and penalty. It shall be unlawful:

1.

For any person to do or perform, or cause to be done or performed, any act or thing prohibited by the terms of this chapter, or prohibited by any lawful orders or regulations issued pursuant to any of the provisions of this chapter.

2.

For any person to fail to do or perform or cause to be omitted or not performed any act or thing required to be done by this chapter, or by any lawful regulation or order issued under any of the provisions hereof. If any person including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners, or members of a partnership, firm or joint venture, shall violate or cause the violation of any of the provisions of this chapter, they and each of them shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Upon conviction thereof, any person including but not limited to such partners, members, officers or agents, shall be subject to the penalties provided by section 1.28.010 of this Code.

H.

Other remedies in the event of pollution.

1.

In addition to enforcement in municipal court, if a violation of the rules involving pollution occurs, or in the event that the city manager receives notice alleging that an owner is causing pollution, it shall notify the operator of such charge. The operator shall immediately cease all polluting activity. Within ten days after receipt of such charge, the operator may elect to file a plan to prevent future pollution or, if no election is made within the ten-day period, the city manager may request that the city attorney promptly proceed to enjoin such action or obtain other appropriate relief.

2.

In the event that any owner or operator after notice of an alleged pollution violation shall submit a plan to prevent any further pollution with the city manager, the city manager shall either approve such plan or set it for hearing before the city council.

I.

Other remedies. The remedies set forth in this section shall be without prejudice to any other remedies the city may have to abate nuisances, enforce statutes, ordinances, rules, or regulations.

(Code 1977, § 17.68.260; Ord. No. 1193-1995, § 3)

The operator shall reimburse the city or the fire district for any emergency response costs incurred by the city or the fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by the mistake of the city or of other third parties or was the result of the acts of third parties.

(Code 1977, § 17.68.270; Ord. No. 1193-1995, § 3)

A.

This variance process addresses the application of this chapter to the operational uniqueness that may exist for oil and gas well and injection well drilling and production. This process is in addition to the variance process described in chapter 17.48. If the application of this chapter creates an operational conflict, the approval of a request for a variance from the specific requirement will permit the continued efficient development of the oil and gas resources.

B.

An applicant for a special use permit under this chapter may apply for a variance to a requirement. The procedure in chapter 17.48, board of adjustment, shall apply. A special use permit and variance request may be processed simultaneously.

C.

The board of adjustment shall grant a variance to the applicant without requiring the applicant to meet the standards in chapter 17.48 in either of the cases as follows:

1.

The applicant establishes that the application of the requirement to the applicant or the applicant's property results in a direct conflict with the Act or the OGCC regulations; or

2.

The applicant establishes that any requirement as applied to the applicant or the applicant's property constitutes a taking or damage by the city which violates the United States Constitution or a taking or damage by the city which violates article 2, section 3 of the state constitution.

D.

If a variance is granted, the applicant shall meet the requirement to the maximum extent possible and the approval shall be for the minimum variance that will afford relief with the least modification possible to the requirement.

E.

If an applicant cannot establish the requirements under subsection C of this section, the board of adjustment shall review, upon request of the applicant, the variance request under the standards established in chapter 17.48.

(Code 1977, § 17.68.280; Ord. No. 1193-1995, § 3)