Red Oak City Zoning Code
ARTICLE 6
USE AND LOT STANDARD REGULATIONS
§ 1 GENERALLY.
6.1.1
Purpose
The purpose of this Article is to establish requirements for use of property, minimum requirements for lot area, width, depth, yard setbacks, coverage, building height, and dwelling unit size. The following restrictions shall be applicable to all districts set forth in this Article.
6.1.2
Regulations Applicable to All Districts
A.
Regulations set forth herein are the minimum requirements for lot area, width and depth, building setbacks, lot coverage, dwelling heights, and dwelling size.
B.
The minimum lot area width and depth shall be in accordance with the square footage and dimensional values shown in Sections 2 through 5 [2 through 8] of this Article for residential districts, except a lot platted of record prior to the adoption of this Ordinance may be used for single-family residential purposes if all other requirements are met.
C.
Public and semi-public institutional uses such as hospitals, churches and schools located in any district shall have a minimum site area of one (1) acre.
D.
Access to a lot shall have a minimum width of twenty-five (25) feet at the property line.
E.
Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings do not face upon a public street, the same may be permitted when the site plan for such development is approved by the Commission so as to comply with the requirements for platting. However, no parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use.
F.
Municipally operated facilities are allowed in any zoning district.
6.1.3
Residential Main Building
Only one main building for single-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract.
(Ordinance 07-15 adopted 7/9/07; Ordinance 12-038 adopted 9/10/12)
§ 2 “AG” - AGRICULTURAL DISTRICT.
6.2.1
Permitted Uses
A.
Single-family dwellings in connection with agricultural operations.
B.
Farm, nursery, greenhouse or garden, agricultural operations, including field crops, orchards, horticulture, animal husbandry, subject to the rules and regulations of the State Health Department, but not including feed lots, poultry farms and kennels.
C.
Parks, community buildings or other public recreational areas and facilities owned and operated by the City or other public agency, and recreational areas operated by public, charitable, or religious organizations.
D.
All municipally owned or privately owned utilities.
E.
Servant’s quarters and quarters used by bona fide farm workers, or other accessory buildings such as barns, sheds, and other structures necessary for farming operations may be permitted, provided however, that no such accessory building or quarters to be used by servants or farm workers shall be occupied as a place of abode or dwelling by anyone other than a bona fide servant or farm worker and actually and regularly employed by the land owner or occupant of the main building.
G.
Schools and related uses, operated by a public independent school district.
H.
Telephone exchange.
I.
A temporary bulletin board or sign pertaining to the lease or sale of land or acreage.
J.
Such uses as permitted under the provisions of a Specific Use Permit.
6.2.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.2.3
Area Regulations
6.2.4
Special Dwelling Restrictions
The minimum living area of each main dwelling unit excluding any attached garage, porch area, or other similar non-living area shall not be less than two thousand (2,000) square feet.
6.2.5
Parking
A.
A minimum two (2) car garage required. Two (2) spaces (9' x 20' minimum) per dwelling unit in front of garage.
B.
Each driveway must be constructed of concrete compaction with ten (10) foot minimum width and four (4) inch minimum thickness.
C.
Vehicles must be parked on private property and may not cross the property line.
D.
See Article 8 for special residential provisions and nonresidential use requirements.
6.2.6
Type of Exterior Construction
A.
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
B.
Accessory structures shall be constructed of brick, stucco, rock, stone or colored metal materials (inclusive of baked or painted finishes). Unfinished metal materials are prohibited.
6.2.7
Other Regulations
A single-family dwelling must be on a lot of at least one acre and meet the setback requirements for the RAE District.
(Ordinance 07-15 adopted 7/9/07; Ordinance 12-038 adopted 9/10/12)
§ 3 “RAE” - RANCHETTE ESTATES DISTRICT.
6.3.1
Permitted Uses
A.
Single-family detached dwellings;
B.
Farms, nurseries, greenhouses or gardens, agricultural operations, including field crops, orchards, horticultural, animal husbandry, subject to the rules and regulations of the State Health Department, but not including feedlots or outside kennels and the following:
C.
Parks, community buildings or other public recreational areas and facilities owned and operated by the City or other public agency, and recreational areas operated by public, charitable, or religious organizations;
D.
All municipally owned or privately owned utilities;
E.
Servant’s quarters and quarters used by bona fide farm workers or other accessory buildings such as barns, sheds, and other structures necessary for farming operations may be permitted, provided however, that no such accessory building or quarters [to] be used by servants or farm workers shall be occupied as a place of abode or dwelling by anyone other than a bona fide servant or farm worker and actually who is regularly employed by the land owner or occupant of the main building;
F.
Permitted accessory uses where the primary use is residential are as follows:
1.
A detached or attached private garage having a capacity for not more than four (4) automobiles;
2.
One (1) antenna (amateur radio or CB radio) and one (1) satellite dish antenna greater than three (3) feet in diameter per lot with a Specific Use Permit;
3.
Private swimming pools;
4.
Keeping large animals, provided that no more than three (3) large animals for lots less than one (1) acre shall be permitted on each lot and one additional large animal is permitted for each additional quarter acre of lot size;
G.
Stable, private or commercial, for the raising, sale and boarding of horses;
H.
Schools and related uses, operated by a public independent school district;
I.
A temporary bulletin board or sign pertaining to the lease or sale of land or acreage; and
J.
Such other uses as may be permitted under the provisions of a Specific Use Permit.
6.3.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.3.3
Other Regulations
A.
Minimum Size of Yards:
The minimum size of yards is set forth in Table 6.2, Minimum Residential Requirements.
B.
Maximum Lot Coverage:
The maximum lot coverage is set forth in Table 6.2, Minimum Residential Requirements.
D.
Barns and other accessory buildings shall not exceed the following square footage in size:
1.
For lots less than One (1) Acre: One thousand four hundred (1,400) square feet;
2.
For lots One (1) Acre to Less than Five (5) Acres: Three thousand (3,000) square feet; and
3.
For lots Five (5) Acres and Larger: Must not exceed the maximum lot coverage requirements set forth in Paragraph B above (6.3 B [6.3.3 B], Maximum Lot Coverage).
6.3.4
Fencing
A.
Smooth wire, 2 x 4 horse wire, and 4 x 4 panel fencing shall be permitted within the front and side yards.
B.
Barbed wire is permitted on tracts two acres in size or larger.
C.
Any section of fence visible from a public street must be constructed of wood, brick, wrought iron, pipe, vinyl or chain-link materials.
6.3.5
Special Dwelling Restrictions
The minimum living area of the main dwelling unit, excluding any attached garages, porch areas, or other similar non-living area, shall not be less than two thousand (2,000) square feet.
6.3.6
Parking
A.
At a minimum, a two (2) car garage is required, with two (2) spaces (9' x 20' minimum) in front of garage.
B.
Driveway must be constructed of concrete with ten (10) foot minimum width and four (4) inch minimum thickness.
C.
Vehicles must be parked on private property and may not cross the property line.
D.
For homes set back from the curb/right-of-way line over two hundred (200) feet, the concrete driveway is not required. Concrete parking not required for farm-related equipment.
E.
See Article 8 for special residential and nonresidential use requirements.
6.3.7
Exterior Construction
A.
One hundred percent (100%) masonry construction on the front, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Planning and Zoning Commission and City Council.
B.
Accessory structures shall be constructed of brick, finished wood (hardiboard allowed) up to maximum 400 square feet size for building, stucco, rock, stone or colored metal materials (inclusive of baked or painted finishes). Unfinished metal materials are prohibited.
(Ordinance 07-15 adopted 7/9/07; Ordinance 12-038 adopted 9/10/12)
§ 4 “RE” - SINGLE-FAMILY RESIDENTIAL ESTATE DISTRICT.
6.4.1
Permitted Uses
A.
Single-family detached dwellings;
B.
Nurseries, greenhouses or gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises;
C.
Private libraries;
D.
Real estate sales offices during the development of residential subdivisions allowed for no longer than six months (180 days) with a nonrenewable permit;
E.
Public schools (kindergarten through high school) operated by an independent school district;
F.
All municipally owned utilities;
G.
Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith;
1.
A detached or attached private garage having a capacity for not more than four (4) automobiles;
2.
One antenna (amateur radio or CB radio) and satellite dish antenna greater than three (3) feet in diameter per lot with a Specific Use Permit;
3.
Private swimming pool; and
4.
Such other uses as may be permitted under the provisions of a Specific Use Permit.
6.4.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.4.3
6.4.4
Special Dwelling Restrictions
A.
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
B.
The minimum living area of each main dwelling unit, excluding any attached garage, porch area, or other similar non-living area, shall not be less than two thousand (2,000) square feet.
C.
The maximum area of any one accessory building will not exceed six hundred fifty (650) square feet unless otherwise permitted pursuant to a Special Use Permit.
6.4.5
Parking
A.
At least a two (2) car garage required. Two (2) spaces (9' x 20' minimum) per dwelling unit in front of garage; driveway must be concrete with ten (10) foot minimum width and four (4) inch minimum thickness. Vehicles must be parked on private property and may not cross the property line.
B.
For driveways over two hundred feet (200') from the front property line, a concrete driveway is not required, except that there must be at least fifty feet (50') with four (4) inch minimum thickness of concrete extending out from the entry of the garage or parking area, and there must be at least thirty feet (30') with six (6) inch minimum thickness of concrete extending out from the paved portion of the right-of-way, or extending over the full width of the drainage channel, if any, whichever is greater.
C.
The area of the driveway which is not required to be concrete, pursuant to Section B above, must be constructed of a pervious or impervious material which is able to support a 50,000 pound public safety vehicle.
D.
See Article 8 for special residential and nonresidential use requirements.
6.4.6
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 16-029, sec. 1, adopted 9/12/16)
§ 5 “R-1” - SINGLE-FAMILY RESIDENTIAL DISTRICT - 1.
6.5.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.5.3
6.5.4
Special Dwelling Restrictions
A.
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
B.
The minimum living area of each main dwelling unit, excluding any attached garage, porch area or other similar non-living area, shall not be less than eighteen hundred (1,800) square feet.
C.
Accessory building area: The maximum area of any one accessory building will not exceed six hundred fifty (650) square feet without a Special Use Permit.
6.5.5
Parking
A.
At least a two (2) car garage required. Two (2) spaces (9' x 20' minimum) per dwelling unit in front of garage; driveway must be concrete with ten (10) foot minimum width and four (4) inch minimum thickness. Vehicles must be parked on private property and may not cross the property line.
B.
For driveways over two hundred feet (200') from the front property line, a concrete driveway is not required, except that there must be at least fifty feet (50') with four (4) inch minimum thickness of concrete extending out from the entry of the garage or parking area, and there must be at least thirty feet (30') with six (6) inch minimum thickness of concrete extending out from the paved portion of the right-of-way, or extending over the full width of the drainage channel, if any, whichever is greater.
C.
The area of the driveway which is not required to be concrete, pursuant to Section B above, must be constructed of a pervious or impervious material which is able to support a 50,000 pound public safety vehicle.
D.
See Article 8 for special residential and nonresidential use requirements.
6.5.6
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Planning and Zoning Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 16-029, sec. 2, adopted 9/12/16)
§ 6 “R-2” - SINGLE-FAMILY RESIDENTIAL DISTRICT - 2.
6.6.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.6.3
6.6.4
Special Dwelling Restrictions
A.
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purpose.
B.
The minimum living area of each main dwelling unit, excluding any attached garage, porch area, or other similar non-living area, shall be not less than seventeen hundred (1,700) square feet.
C.
The maximum area of any one accessory building will not exceed 650 square feet without a specific use permit.
6.6.5
Parking
A.
At least a two (2) car garage required. Two (2) spaces (9' x 20' minimum) per dwelling unit in front of garage; driveway must be concrete with ten (10) foot minimum width and four (4) inch minimum thickness. Vehicles must be parked on private property and may not cross the property line.
B.
For driveways over two hundred feet (200') from the front property line, a concrete driveway is not required, except that there must be at least fifty feet (50') with four (4) inch minimum thickness of concrete extending out from the entry of the garage or parking area, and there must be at least thirty feet (30') with six (6) inch minimum thickness of concrete extending out from the paved portion of the right-of-way, or extending over the full width of the drainage channel, if any, whichever is greater.
C.
The area of the driveway which is not required to be concrete, pursuant to Section B above, must be constructed of a pervious or impervious material which is able to support a 50,000 pound public safety vehicle.
D.
See Article 8 for special residential and nonresidential use requirements.
6.6.6
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 16-029, sec. 3, adopted 9/12/16)
§ 7 “R-3” - SINGLE-FAMILY RESIDENTIAL DISTRICT - 3.
6.7.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.7.3
Area Regulations
Area regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.7.4
Special Dwelling Restrictions
A.
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes;
B.
The minimum living area of each main dwelling unit excluding any attached garage, porch area or other similar non-living area shall be not less than sixteen hundred fifty (1,650) square feet;
C.
The maximum area of any one accessory building will not exceed six hundred fifty (650) square feet without a Special Use Permit.
6.7.5
Parking
A.
At least a two (2) car garage required. Two (2) spaces (9' x 20' minimum) per dwelling unit in front of garage; driveway must be concrete with ten (10) foot minimum width and four (4) inch minimum thickness. Vehicles must be parked on private property and may not cross the property line.
B.
For driveways over two hundred feet (200') from the front property line, a concrete driveway is not required, except that there must be at least fifty feet (50') with four (4) inch minimum thickness of concrete extending out from the entry of the garage or parking area, and there must be at least thirty feet (30') with six (6) inch minimum thickness of concrete extending out from the paved portion of the right-of-way, or extending over the full width of the drainage channel, if any, whichever is greater.
C.
The area of the driveway which is not required to be concrete, pursuant to Section B above, must be constructed of a pervious or impervious material which is able to support a 50,000 pound public safety vehicle.
D.
See Article 8 for special residential and nonresidential use requirements.
6.7.6
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 16-029, sec. 4, adopted 9/12/16)
§ 8 “R-4” - SINGLE-FAMILY RESIDENTIAL DISTRICT - 4.
6.8.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.8.3
Area Regulations
Area regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.8.4
Special Dwelling Restrictions
A.
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
B.
The minimum living area of a main dwelling unit excluding any attached garage, porch area or other similar non-living area shall not be less than twelve hundred fifty (1,250) square feet.
C.
The maximum area of an accessory building will not exceed six hundred fifty (650) square feet unless permitted pursuant to a specific use permit.
6.8.5
Parking
A.
A minimum of a two (2) car garage required for each dwelling unit, with two (2) spaces (9' x 20' minimum) in front of garage; the driveway must be concrete with ten (10) foot minimum width and four (4) inch minimum thickness. Vehicles must be parked on private property and may not cross the property line.
B.
See Article 8 for special residential and nonresidential use requirements.
6.8.6
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 13-017, sec. 1, adopted 4/8/13)
§ 9 “A” - APARTMENT (MULTIPLE-FAMILY) DISTRICT.
6.9.2
Height Regulations
Height regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.9.3
Area Regulations
Area regulations are set forth in Table 6.2, Minimum Residential Requirements.
6.9.4
Refuse Facilities
A.
Every dwelling unit shall be located within two hundred feet (200') of a refuse facility; measured along the designed pedestrian and vehicular travel way;
B.
Each refuse facility shall be screened from view on three (3) sides by a masonry wall not less than six (6) feet in height. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
6.9.5
Special District Requirements
No temporary buildings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
6.9.6
6.9.7
Parking
See Article 8 for all parking provisions and use requirements.
6.9.8
Type of Exterior Construction
One hundred percent (100%) masonry construction on the front elevation, including porches, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, but excluding garage doors and dormers. Glass or stucco may be used in place of masonry. Alternate building materials may be approved only by the Commission and City Council.
(Ordinance 07-15 adopted 7/9/07; Ordinance 13-017, sec. 1, adopted 4/8/13)
§ 10 “C-1” - COMMERCIAL DISTRICT - 1.
6.10.1
Permitted Uses.
Uses permitted in the “C-1”- Commercial District are set forth in Table 6.1, Permitted Uses[1].
[1]
Editor's note–Table 6.1, Permitted Uses is included as an attachment to this chapter.
6.10.2
Height Regulations
Height regulations are set forth in the Table 6.3, Minimum Requirements.
6.10.4
Parking
See Article 8 for all parking provisions and use requirements.
6.10.5
Type of Exterior Construction
There shall be one hundred percent (100%) masonry exterior construction on the front elevation, excluding sidewalk overhangs, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, excluding garage doors. Glass or stucco may be used in place of masonry. Alternate exterior materials may be approved by the City Council upon receiving a recommendation from the Commission. To approve an alternate material, the City Council must find that the proposed structure will be weatherproof and compatible with the surrounding development.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21)
§ 11 “HO” - HIGHWAY ORIENTED DISTRICT.
6.11.1
Permitted Uses.
Uses permitted in the “HO” - Highway Oriented District are set forth in Table 6.1[1].
[1]
Editor's note–Table 6.1, Permitted Uses is included as an attachment to this chapter.
6.11.2
Height Regulations
Height regulations are set forth in Table 6.3, Minimum Requirements.
6.11.4
Parking
See Article 8 for all parking provisions and use requirements.
6.11.5
Type of Exterior Construction
There shall be one hundred percent (100%) masonry exterior construction on the front elevation, excluding sidewalk overhangs, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, excluding garage doors. Glass or stucco may be used in place of masonry. Alternate exterior materials may be approved by the City Council upon receiving a recommendation from the Commission. To approve an alternate material, the City Council must find that the proposed structure will be weatherproof and compatible with the surrounding development.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21)
§ 12 “C-2” - COMMERCIAL.
6.12.1
Permitted Uses.
Uses permitted in the “C-2” - Commercial District are set forth in Table 6.1, Permitted Uses[1].
[1]
Editor's note–Table 6.1, Permitted Uses is included as an attachment to this chapter.
6.12.2
Height Regulations
Height regulations are set forth in Table 6.3, Minimum Requirements.
6.12.4
Parking
See Article 8 for all parking provisions and use requirements.
6.12.5
Type of Exterior Construction
There shall be one hundred percent (100%) masonry construction on the front, excluding sidewalk overhangs, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, excluding garage doors. Glass or stucco may be used in place of masonry. Alternate exterior materials may be approved by the City Council upon receiving a recommendation from the Commission. To approve an alternate material the City Council must find that the proposed structure will be weatherproof and compatible with the surrounding development.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21)
§ 13 “I” - INDUSTRIAL DISTRICT.
6.13.1
Permitted Uses.
Uses set forth in the “I” - Industrial District are set forth in Table 6.2 [6.1], Permitted Uses.
6.13.2
Height Regulations
Height regulations are set forth in Table 6.3, Minimum Requirements.
6.13.4
Parking
See Article 8 for all parking provisions and use requirements.
6.13.5
Type of Exterior Construction
There shall be one hundred percent (100%) masonry exterior construction on the front elevation, excluding sidewalk overhangs, and a minimum of seventy-five percent (75%) masonry exterior construction on each remaining elevation, excluding garage doors. Glass or stucco may be used in place of masonry. Alternate exterior materials may be approved by the City Council upon receiving a recommendation from the Commission. To approve an alternate material, the City Council must find that the proposed structure will be weatherproof and compatible with the surrounding development.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21)
§ 14 USES PERMITTED BY SPECIFIC USE PERMIT.
6.14.1
When Permitted.
Uses that may be approved as a specific use for the district shown when approved as a Specific Use Permit in accordance with Permitted Uses, Table 6.1[1].
[1]
Editor's note–Table 6.1, Permitted Uses is included as an attachment to this chapter.
6.14.2
“FP” - Flood Plain Prefix Permitted Uses
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21)
§ 15 SPECIAL YARD, HEIGHT AND RAILROAD ACCESS REQUIREMENTS.
6.15.1
Additional Front Yard Requirements
A.
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
B.
Where a building line has been established by a plat approved by the City Council or by ordinance, and such line required a greater or lesser front yard setback than is prescribed by this Code for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat provided no such building line shall be less than twenty (20) feet.
C.
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building.
D.
Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard. Fireplaces, bay windows and other similar construction not exceeding seven (7) feet in width may extend two (2) feet into a required yard; provided the total length of all such projections into a yard shall not exceed one third (1/3) the length of the exterior wall, excluding garages adjacent to that yard. However, no projections shall extend beyond the property line.
E.
Where lots have double frontage, extending from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
F.
In all residential districts, the minimum front yards may be reduced by a maximum of five (5) feet if twenty-five percent (25%) of the dedicated street lengths in the subdivision are curvilinear in design. In no case shall the required front yard be less than twenty (20) feet.
G.
The minimum front yard setback requirements may be reduced by five (5) feet in all Single-Family Districts provided that at least fifty percent (50%) of the structures on a given block are set back an additional five (5) feet from the original setback. The average setback would equal the original setback requirement. The purpose of this requirement is to encourage a variety of front yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the front yard setback be less than twenty (20) feet. The desired setbacks for each lot shall be designated on the final plat.
H.
Minimum front yard setbacks for lots with predominate frontage on the curved radius of a dedicated cul-de-sac street may be reduced five (5) feet but shall not be less than twenty (20) feet.
I.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line.
J.
Satellite dishes are prohibited in the front yard area of any district. Only one satellite dish shall be permitted on each residential lot by Specific Use Permit.
K.
Attached accessory buildings shall have a front yard not less than the main building or as specified in the particular district in which the building is situated. Detached accessory buildings shall be located in the area defined as the rear yard, with a minimum setback of sixty (60) feet from the front property line.
L.
In all residential districts, front yard must be open and unobstructed except for fences.
6.15.2
Outside Storage
B.
For purposes of this section, an item located on a porch of a building is considered to be outside if the porch is not enclosed.
C.
Except as otherwise provided in this section, outside storage is not permitted in the front yard or on a front porch of a residential building.
D.
A person shall not use more than five (5) percent of the total lot area of a premise for outside storage. The area occupied by an operable motor vehicle with valid state registration is not counted when calculating the area occupied by accessory outside storage. Except as otherwise provided in this article, outside storage is considered to be a separate main use if it occupies more than five (5) percent of the lot.
E.
It is an affirmative defense to prosecution for a violation of the section that the item is one of the following:
1.
an operable motor vehicle with a valid state registration parked on a surface that meets the standards for parking surfaces contained in the off-street parking regulations of this chapter, except that this exemption is not available if the vehicle is a truck tractor, truck, bus, or recreational vehicle and it has a load capacity in excess of two (2) tons, or if the vehicle is over 32 feet in length;
2.
a boat, trailer, or recreational vehicle parked on a surface that meets the standards in Article 8 for parking surfaces, and which cannot reasonably be placed in an area behind the front yard;
3.
landscaping, or an ornamental structure, including, but not limited to a birdbath, plant container, or statuette, placed in the front yard or on the front porch for landscaping purposes;
4.
lawn furniture made of a material that is resistant to damage or deterioration from exposure to the outside environment;
5.
seasonal decorations associated with the holidays;
6.
a vehicle displaying a registration insignia or identification card issued by the state to a permanently or temporarily disabled person for purposes of Section 681.006 of the Texas Transportation Code; or
7.
that the item is located on a front porch and not visible from the street.
F.
A person commits an offense if the person operates an automobile repair business or garage and causes to be parked or stored outside a vehicle which is inoperative or are being repaired for a period greater than seven (7) days.
G.
Portable Storage Structures.
The use of portable storage structures are allowed in all residential districts (includes all single family, multifamily, and agricultural) and commercial districts (C-1, C-2, HO, I) under the following conditions when granted a temporary permit by the Community Development Department:
1.
Residential districts shall not have more than one (1) portable storage structure per residential property. The portable storage structure shall not have a length greater than 20 feet.
2.
Commercial districts may have up to 6 containers based on a ratio of 1 container per 15,000 sq ft of finished interior area. For areas under 15,000 sq ft, a maximum of one portable storage structure shall be allowed. The shipping container shall not have a length greater than 40 feet.
3.
A portable storage structure must not remain at a property in any zoning district in excess of sixty (60) consecutive days, and must not be placed at any one property in a zoning district in excess of sixty (60) days in any calendar year.
4.
The portable structure must have a setback minimum of ten (10) feet from all property lines and from the nearest wall of a building. In commercial districts, portable storage structures may be placed less than ten feet from each other and not stacked more than two high when their length is 20 feet. 40 foot length containers shall not be stacked.
5.
The portable storage structure shall not be placed in the front yard of commercial property.
6.
The portable storage structure must be placed on an impervious surface.
7.
Portable storage structure associated with the construction of a site where a building permit has been issued are permitted for the duration of the construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with construction are exempt from conditions a through d of this section.
8.
If a portable storage structure is needed for excess of 60 days in a 12-month period and SUP must be applied for in each year that it is needed and shall be treated as an accessory use.
9.
Hazardous and flammable chemicals or similar items shall not be stored in a portable storage container in residential districts. In commercial districts any such items shall provide MSDS sheets to the City Fire Marshal who may disallow any items deemed hazardous, these may include but are not limited to are: batteries of all types, aerosols, household cleaners and solvents, nail polish and nail polish remover, fireworks, various chemicals, oils, fuels, fertilizers, and similar.
6.15.3
Additional Rear Yard Requirements
A.
Nonresidential Districts
1.
In a nonresidential zoning district, a minimum rear yard of ten (10) feet shall be provided for any main or accessory building.
2.
When a nonresidential use backs up to a residential zoning district boundary line, a minimum rear yard of twenty (20) feet shall be provided for building heights of fifteen (15) feet or less. For building heights greater than fifteen (15) feet an additional setback of one (1) foot shall be provided for each foot in height of building than fifteen (15) feet.
B.
Residential Districts
1.
Rear Yard Accessory Building Setback.
a.
In a residential zoning district, there shall be a rear yard not less than five (5) feet from any lot line, alley line, or easement line. Where apartments are permitted, the main building and all accessory buildings shall not cover more than fifty percent (50%) of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line.
b.
Garages located within the rear portion of a lot and constructed closer than fifteen (15) feet to the main building shall have a rear yard equivalent to the rear yard requirement for the main building.
c.
Accessory buildings shall have a rear yard of five (5) feet. A solid fence or wall of the same height shall be built on the lot line to screen the building from property located to rear. Garages arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear yard or alley easement line a minimum distance of twenty (20) feet.
6.15.4
Additional Side Yard Requirements
A.
In nonresidential districts, no side yard is required, except that a nonresidential twenty-five foot setback is required for a lot which abuts a street, has separate uses on the same lot or abuts a lot which has a different zoning classification.
B.
Residential Districts
1.
On a corner lot used for residential purposes, both street exposures shall be treated as front yards on any lot platted after May 18, 1989, except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on the approved plat containing a side yard of fifteen (15) feet or more. On lots which were official lots of record prior to May 18, 1987, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district but in no case shall be less than ten (10) feet.
2.
Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features projecting a maximum of twelve (12) inches into the required side yard, and roof eaves projecting a maximum of thirty-six (36) inches into the required side yard.
3.
There shall be a side yard not less than five (5) feet from any side lot line, alley line, or easement line for any accessory building provided that such building is separated from the main building by a minimum distance of fifteen (15) feet. In the case of an accessory building being closer than fifteen (15) feet to the main building, the minimum side yard requirements for the main dwelling unit shall be observed.
4.
Patio covers shall have a side yard of no less than five (5) feet.
5.
Garages located and arranged so as to be entered from the side yard shall have a minimum distance of twenty (20) feet from the side lot line, alley line, or easement line.
6.
A carport is not a permitted use.
6.15.5
Special Height Regulations
A.
In the districts where the height of the buildings is restricted to thirty (30) feet or less, cooling towers, roof gables, chimneys and vent stacks may extend for an additional five (5) feet in height and not to exceed forty (40) feet above the average grade line of the building.
B.
Water standpipes and tanks, church steeples, domes, and spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed forty (40) feet.
C.
Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed forty (40) feet and use of proper guy wire shall be followed.
D.
Roof-mounted satellite dishes in excess of fifty (50) pounds shall be approved by a registered architect or engineer by written letter to the building official, prior to installation, stating the antenna’s stability and support.
6.15.6
Railroad Access
For structures requiring railroad access, setback requirements from the centerline of the railroad right-of-way shall be in accordance with applicable state law.
(Ordinance 07-15 adopted 7/9/07; Ordinance 21-049 adopted 12/13/21; Ordinance 23-043 adopted 9/11/2023)
§ 16 CLASSIFICATION OF NEW AND UNLISTED USES.
6.16.1
Procedure for Classification
It is recognized that new types of land use will develop, and forms of land use not anticipated may seek to locate in the City and the possible change in intensity of use for a listed use may occur. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use, or modification for listing of a use of land, shall be made as follows:
A.
The Administrative Official shall refer the question concerning any new or unlisted use to the Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
B.
The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted.
C.
The Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve the recommendation of the Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.
D.
Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process outlined in paragraphs A, B, and C above shall be followed for determination of the new standards and amendment of this Ordinance should the Council desire to permit a new use.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 1, adopted 4/11/11)
§ 17 HISTORIC OVERLAY DISTRICT.
6.17.1
Purpose
The purpose of this section is to promote the public health, safety and general welfare; and:
A.
to protect, enhance and perpetuate places and areas which represent distinctive and important elements of the City’s historical, cultural, social, economic, and architectural history;
B.
to strengthen the economy of the City;
C.
to increase public knowledge and appreciation of the City’s historic past and unique sense of place;
D.
to foster civic and neighborhood pride and a sense of identity;
E.
to promote the enjoyment and use of historic and downtown resources by the people of the City;
F.
to preserve architectural styles, patterns of development, and design preferences reflecting phases of the City’s history;
G.
to create a more livable urban environment;
H.
to enhance property values;
I.
to protect and enhance the City’s attraction to tourists and visitors;
J.
to resolve conflicts between the preservation of historic resources and alternative land uses;
K.
to integrate historic preservation and pride into public and private land use planning;
L.
to conserve valuable resources through use of the existing building environment;
M.
to increase public awareness of the benefits of the rich history of the City;
N.
to maintain a harmony between new and historic structures so that they will be compatible in scale, form, color, proportion, texture and material; and
O.
to encourage public participation in identifying and preserving historic resources.
6.17.2
Historic Overlay District Designation
The historic overlay district includes all properties which are located in the downtown “C-1” Zoning District as of December 21, 2005. The City Manager may erect suitable plaques appropriately identifying each of the boundaries of this historic overlay district.
6.17.3
Application of Historic Overlay District Regulations
A.
The historic overlay district is a zoning overlay which supplements the primary underlying zoning district classification. The historic overlay district is subject to the regulations of the underlying zoning district and the additional regulations set forth herein.
B.
In the event of a conflict, the regulations contained in this section control over the regulations of the underlying zoning district.
6.17.4
Special Development Standards
The following standards shall apply to all development in the Historic Overlay District:
A.
Each exterior side of a structure shall be seventy-five percent (75%) masonry construction below top plate, but excluding garage doors. Glass may be used in place of masonry. Alternate exterior materials may by approved by the City Council upon receiving a recommendation from the Commission. To approve an alternate material, the City must find that the proposed structure will be weatherproof and compatible with the surrounding development.
B.
The maximum height of a structure shall be three (3) stories or sixty (60) feet whichever is greater; except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms may project not to exceed six (6) feet beyond maximum building height.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 1, adopted 4/11/11)
§ 18 TEMPORARY USES.
6.18.1
Where permitted, the temporary uses described in this section are permitted in the zoning districts as shown in Table 6.4.
[Table 6.4] | |||||
|---|---|---|---|---|---|
TEMPORARY USE | ZONING DISTRICTS | ||||
Residential | C-1 | HO | PD - Res | PD - Com | |
Yard or Garage Sales* | P | P | |||
Fundraising/Sales* | P | P | P | ||
Mass Gathering Events* | P | P | P | P | P |
Circuses, Carnivals* | P | P | P | ||
Weekend/Evening Seasonal Sales* | P | P | P | ||
Temporary Outside Retail Sales* | P | P | P | P | |
Mobile Food Concession Trailers* | P | P | P | P | P |
*Subject to conditions of this Section 18. |
6.18.2
Yard or Garage Sales are permitted, subject to the following requirements:
6.18.2[.1]
Fundraising Sales are permitted, subject to the following conditions:
A.
The organization must submit proof to the Public Works Department that the fundraising activity is actually supporting a community service cause.
B.
The sales must occur on privately owned land and be restricted to an area that will not impede the normal flow of vehicular and customer traffic so as to create a traffic or other hazard to the public.
C.
The organization must have written permission from the landowner or the landowner’s agent.
D.
The duration of the sales event shall not exceed seven days.
E.
Signs must conform to the Sign Ordinance.
6.18.3
Mass Gathering Events are permitted provided they do not exceed seven days and all safety and fire codes are met and a permit [is issued].
6.18.4
Circus/Carnivals are permitted provided they do not exceed seven days and all safety and fire codes are met and a permit [is issued].
6.18.5
Weekend/Evening Seasonal Sales are permitted, subject to the following conditions:
A.
The sale must be located at an existing permanent business that holds a valid Certificate of Occupancy[.]
B.
The proprietor of the sale must have written permission from the property owner or business occupant[.]
C.
The location must have sufficient concrete parking, and the sale must not take up any of the required parking for the permanent business.
D.
The sale cannot disrupt the normal flow of traffic or customers.
E.
The proprietor of the sale must obtain a permit.
F.
Permits issued under this section shall expire at the end of the season, on the expiration date printed on the permit, or if the use is abandoned for more than 7 days; whichever occurs first.
G.
Only one permit may be issued per location at any given time, and no location may host a sale(s) for more than 60 cumulative days within any calendar year.
H.
No building, trailer, vehicle, tent, or any other item whatsoever shall be left or stored at the sale location after the permit expires.
I.
No buildings, whether permanent or portable, may be occupied or used for a Weekend/Evening Seasonal Sale.
J.
Permits shall be issued for no more than 30 days, are valid only in the year and season for which they are issued, and only between dates in accordance with table 6.5.
Table 6.5 | |||
|---|---|---|---|
Season | Sales Allowed1 | Start | End |
Summer | Fruit2, Snow cones2 | April 1 | September 30 |
Winter | Firewood | October 1 | March 31 |
Easter | Easter baskets | April 1 | April 30 |
Christmas | Christmas trees, Christmas decorations | Nov. 15 | Dec. 31 |
Valentine’s | Flowers, gift baskets | Feb. 1 | Feb. 28 |
Halloween | Pumpkins | October 1 | October 31 |
Mother’s Day | Flowers, gift baskets | May 1 | May 30 |
Other Holiday | Truly Seasonal | 1 day before holiday | 1 day after holiday |
1. | Other seasonal items may be allowed at the approval of the building official. |
2. | No food may be sliced or prepared without a health permit. |
6.18.6
Temporary Outside Retail Sales are permitted, subject to the following conditions:
A.
The sale must be located at an existing permanent business that holds a valid Certificate of Occupancy[.]
B.
The proprietor of the sale must have written permission from the property owner or business occupant[.]
C.
The location must have sufficient concrete parking, and the sale must not take up any of the required parking for the permanent business.
D.
The sale cannot disrupt the normal flow of traffic or customers.
E.
The proprietor of the sale must obtain a permit.
F.
Permits issued under this section shall be valid for 3 consecutive days[.]
G.
Only one permit per proprietor may be issued within a 90-day period.
H.
If more time is needed for the sale an SUP is required.
I.
Only one permit may be issued per location at any given time.
J.
No buildings, whether permanent or portable, may be occupied or used for a Temporary Outside Retail Sale.
K.
No building, trailer, vehicle, tent, or any other item whatsoever shall be left or stored at the sale location after the permit expires.
6.18.7
Mobile Food Concession Trailers must be on wheels (truly mobile) and cannot remain in one place more than one hour. A health inspection and food permit are required.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 1, adopted 4/11/11)
§ 19 REFUSE FACILITIES.
6.19.1
Screening of Refuse Facilities
A.
This Section shall apply to Apartment, Office, Commercial 1 and 2, Highway Oriented, and Industrial zoning districts only.
B.
Each refuse facility shall be screened from view on three (3) sides by a masonry wall not less than six (6) feet in height, with the fourth side enclosed by metal doors of equivalent height. Metal door specifications shall be subject to the approval of the Building Official.
C.
Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
D.
Pipe bollards shall be installed around the refuse facility in a manner that will protect the masonry walls and metal doors from vehicle impact or collision.
(Ordinance 07-15 adopted 7/9/07)
§ 20 GAS WELL DRILLING AND PRODUCTION.
6.20.01
Adoption
The City of Red Oak, Texas, Gas Well Drilling and Production Ordinance, as amended from time to time, is hereby adopted and incorporated as part of this code as fully as if set out at length herein.
6.20.02
Purpose
The exploration, development, and production of gas in the City are activities which necessitate reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this Chapter to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of gas and other substances produced in association with oil and gas within the City to protect the health, safety and general welfare of the public; minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources.
6.20.03 Abandonment. Air contaminant Ambient Noise Level Blowout Preventer Building Cathodic Protection City Manager Closed-Loop Mud System Closed-vent System Code Complete Application1. 2. 3. 4. Compressor Station Daytime Drill Site Drilling Equipment Emergency Exploration Fire Chief Fire Code Fire Department Flare Fracturing (or fracing) Gas Gas Inspector Gas Operation1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Gas Well Gas Well Permit Habitable Structure Hazardous Materials Management Plan High Bleed Pneumatic Device Landscape Architect Lift Compressor Line Compressor New Well Nighttime Oil Oil Well Operation Site Operator Parcel Permit Holder Person Production Protected Use Public Building Railroad Commission or RRC Redrill Refracturing Religious Institution Residence Reworking Road Damage Remediation Agreement Source Noise Tank Technical Advisor Texas Commission on Environmental Quality or TCEQ Vapor Recovery System Well Well Development Site Wellhead Workover Operations
Definitions
All technical industry words or phrases related to the drilling and production of oil or gas wells not specifically defined in this section shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
means “abandonment” as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Ordinance.
means particulate matter, radioactive material, dust[,] fumes, gas, mist, smoke, vapor, or odor, including any combinations of those items, produced by processes other than natural.
means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location.
means a mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts.
means any structure used or intended for supporting or sheltering any use or occupancy. The term “building” shall be construed as if followed by the words “or portions thereof.”
means an electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system.
means duly appointed City Manager or designee of the City of Red Oak, Texas.
means a system utilized while drilling so that reserve pits are not used and instead closed top steel tanks are used to collect all drilling waste.
means a system that:
means the City of Red Oak Code of Ordinances as may be amended from time to time.
means an application for a gas well permit which is submitted and which includes the following:
A completed application form notarized by the owner or the owner’s authorized agent;
Every item, study, plan, agreement or document required by this Chapter or other applicable ordinances;
An approved Gas Well Development Plat;
Payment for all application fees as specified in the City’s fee schedule or other ordinance establishing fees.
means a compressor that serves more than one lease area or a compressor that serves a pipeline.
means Monday through Friday 8:00 a.m. to 5:00 p.m.
means the premises used during the drilling, redrilling, or reworking of a well or wells located there and subsequent life of a well or wells or any associated operation.
means the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
means any or all of the following: explosion, fire, blowout, gas or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions, or hazardous material vehicle accident or spill or other occurrence at the well development or operation site that would place persons or property at substantial risk.
means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface oil or gas.
means the City of Red Oak Fire Chief or designee.
means the most recent Fire Code adopted by the City of Red Oak.
means the Red Oak Fire District.
means a flame used for disposal of hydrocarbons during cleanup, emergency shutdowns and/or for disposal of small volume waste streams of mixed gases.
means injecting of water mixed with other materials and chemicals into a well to cause pressure that will open up fractures already present in the formation.
means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas.
means the person employed or appointed as the gas inspector by the City Council or its designee under this Chapter.
means the process of exploring for or producing gas, or both, or the storage of natural hydrocarbons or liquefied petroleum gas, including, but not limited to, the following activities:
gas well site development, including drilling and fracturing;
producing or pumping;
processing;
gathering;
compressing;
treating;
transporting;
conditioning;
removing or disposing of produced water or brine;
separating;
storing;
injecting;
testing;
reporting;
maintaining or using surface facilities;
secondary recovery; or
well abandonment.
means any well drilled, to be drilled, or used for the intended or actual production of natural gas.
means a Gas Well Permit applied for and issued or denied under this Chapter authorizing the drilling, production, and operation of one or more oil or gas wells.
means a structure suitable or used for human occupation or habitation.
means the hazardous materials management plan and hazardous materials inventory statements required by the Code of Ordinances of the City of Red Oak.
means a pneumatic device, such as, but not limited to, a liquid level controller, pressure regulator or valve controller, that bleeds more than 6 scfh (over 50 Mcf per year).
means a person who holds a registration or otherwise satisfies the requirements under Tex. Occupations Code, Chapter 1052, as amended from time to time.
means a device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well. Lift compressors are limited to serving one or more wells on a single lease area as indicated on an approved development plat.
means a device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.
means a new well bore or new hole established at the ground surface and shall not include the reworking of an existing well that has not been abandoned.
means between the hours of 8:00 p.m. to 7:00 a.m. the following day. Non-emergency work hours are typically Monday through Friday from 8:00 a.m. to 5:00 p.m.
means oil or crude oil; as such terms are used in the rules, regulations, or forms of the Texas Railroad Commission.
means any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code.
means the area used for development and production and all operational activities associated with gas after drilling activities are complete and gas is delivered to the sales line.
means, for each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit operator; the operator also means the contractor or subcontractor performing operations on the well development site or operation site on behalf of the operator. If the operator, as herein defined, is not the lessee under a gas lease of any premises affected by the provisions of this Chapter, then such lessee shall also be deemed to be an operator. In the event that there is no gas lease relating to any premises affected by this Chapter, the owner of the mineral estate in the premises shall be deemed an operator.
means a tract of land which is defined by a legal description which is filed of record, and which may be subdivided.
means any person, corporation or other legal entity that has successfully completed the application process and has acquired a permit to conduct gas drilling, or fracing operations or otherwise operating a gas or oil production site.
includes both the singular and plural and means a natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind.
means the period between completion and abandonment of a well and the activities performed during such period.
means a residence, religious institution, hospital building, school or public park.
means all buildings used or designed to and intended to be used for the purpose of the general assembly of persons for such purposes as deliberation, entertainment, amusement, or health care whether or not they are open to the public. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, or restaurants.
means the Railroad Commission of Texas.
means recompletion of an existing well by deepening or sidetrack operations extending more than one hundred and fifty (150) feet from the existing well bore.
means fracturing after the initial fracturing of a well.
means any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
means a house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed with the City Manager. Residence shall include assisted living facilities, hotels, motels and jails.
means recompletion or reentry of existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings.
means an agreement executed by and between the City of Red Oak and the Operator of an Oil or Gas Well that provides for compliance with the provisions of this ordinance and for the payment of fees for damage remediation of certain streets and/or roadways within the City of Red Oak, as attached hereto as Appendix E [to Ordinance 18-015], as if fully incorporated herein.
means the noise emanating from the equipment and/or the source being measured, exclusive of surrounding natural or manmade noises including, but not limited to, insects, wind, surrounding drilling or production equipment and vehicular noises.
means a container, covered or uncovered, used in conjunction with the drilling or production of gas or other hydrocarbons for holding or storing fluids.
means such person(s) recognized as being familiar with and educated, certified or experienced in the gas industry, petroleum engineering, or one or more environmental sciences or the law as it relates to gas, mineral extraction or mining matters that may be retained from time to time by the City.
means the Texas Commission on Environmental Quality.
means any control system that utilizes vapor collection equipment to route volatile organic compounds (VOC) to a control device that reduces VOC emissions.
means a hole or holes, bore or bores, to any horizon, formation, or strata for the purpose of producing gas, liquid hydrocarbon, brine water or sulfur water, or for the storage of drill pipe or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth.
means the site upon which drilling, fracturing, completion and other activities associated with development of a gas well are conducted. The area of the well development site includes the area within an operation site.
means the surface hole location of the well.
means work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production.
6.20.04
Zoning Districts and Provisions for Conditional Use Permits
A.
Except as provided in subsection 14.04.03(B) [subsection B.] below, the placement of a well for the exploration or production of oil or gas may be allowed with approval of a Specific Use Permit only in Agricultural “AG” Districts, Ranchette Estates “RAE” Districts, Commercial “C-2” Districts, and Industrial “I” Districts, provided that a complete application, including the application for a Specific use permit, has been received in accordance with this Chapter and other applicable sections of the City’s zoning regulations.
B.
The placement of a well for the exploration or production of oil or gas shall not be allowed in any area which is zoned in a manner which is not consistent with the City’s Comprehensive Plan or the City’s Future Land Use Plan, including but not limited to land which is zoned Agricultural following its annexation into the city.
6.20.05
Technical Advisor
A.
Function.
The City may from time to time employ a technical advisor or advisors. The function of the advisor(s) shall be to advise, counsel or represent the City on such matters relating to gas operations within the City as the City may want or require and the effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens of the City.
B.
Costs.
In the event a technical advisor(s) is deemed necessary, for the purpose of advising, counseling or representing the City relative to an operator’s unique and particular set of circumstances, case or request relating to this Chapter, then the cost for such services of the technical advisor(s) shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this Chapter. Prior to the employment of a technical advisor, the City shall inform the operator of the name and certifications of the technical advisor, the intended scope of work and the estimated costs and expenses. Every effort will be made by the City to find a technical advisor that is mutually agreeable by and between the City and the operator. The operator may be required to submit a deposit against which the costs will be assessed.
6.20.06
Gas Inspector
A.
Authority.
The gas inspector or designee, together with those officials identified in Section 14.04.43 [Section 6.20.43], is responsible for enforcing this Chapter, and other City codes applicable to gas drilling and production.
B.
Responsibilities.
The gas inspector shall:
1.
review and make recommendations for approval or denial of all gas well permit applications;
2.
conduct inspections of a well development site and operation site to determine compliance with this Chapter and the gas well permit during the following phases of well development:
3.
conduct inspections of all wells and operation sites at least once a calendar quarter for compliance with this Chapter and the gas well permit.
4.
conduct an inspection upon receipt of a complaint as directed by the City Manager.
5.
issue orders or citations to obtain compliance with this Chapter and the gas well permit.
6.
advise the City Manager on actions regarding the revocation or suspension of a gas well permit for violations of this Chapter or the gas well permit.
C.
Verification of Numbers.
The gas inspector, at each inspection, shall call the emergency contact numbers listed on the operator’s informational signs to verify that the phone numbers are current and the emergency contact persons can be reached.
D.
Written Reports Required.
The gas inspector shall prepare a written report and keep a copy of each inspection report on records for three (3) years.
E.
Notice of Violations.
The gas inspector shall notify the City Manager and contact the appropriate state agency to inspect the operation site if the gas inspector believes the operator is violating state law. The gas inspector shall determine whether the state agency completed the inspection and shall document what actions, if any, were taken against the operator.
F.
Authority to Request Records.
The gas inspector shall have the authority to request and receive any records, including any records sent to the Railroad Commission, logs, and reports relating to the status or condition of any permitted well necessary to establish and determine compliance with a gas well permit.
6.20.07
Operator’s Agent
A.
Designation.
Each operator shall designate an agent, who is a resident of the State of Texas, upon whom all orders and notices provided in this Chapter may be served. The agent may be served either in person or by registered or certified mail and the operator shall designate both a physical address and a mailing address for the agent.
B.
Notice of Change.
Every operator so designating such agent shall notify the City Secretary in writing of any change in such agent or such physical or mailing address within ten (10) days of the change, unless operations within the City are discontinued.
6.20.08
Permit and Approvals Required
A.
Activities Requiring Approvals by the City.
No person may engage in one or more of the following activities without applying for and obtaining a permit issued by the City:
B.
Activities Covered by a Gas Well Drilling Permit.
The following activities are covered under a gas well drilling permit:
1.
drill site preparation,
2.
drilling or redrilling a well,
3.
operation,
4.
reworking a well,
5.
fracing of a well within the first year after the drilling permit has been issued,
6.
refracing of a well provided it is completed within the first year after the drilling permit has been issued,
7.
workover of a well,
8.
gas operation activities, or
9.
abandonment of a well.
C.
Offense.
A person acting either for himself or acting as agent, employee, independent contractor or servant for any person to drill a well, commits an offense if the person engages in or assists in any way in any activity related to gas operations without first obtaining a gas well permit.
D.
Exploration Permit.
A permit shall be required for the exploration of gas or oil. A right-of-way permit must be submitted for exploration of gas or oil within the City’s right-of-way. Exploration of gas or oil includes geologic or geophysical activities, including, but not limited to, surveying and seismic exploration, related to the search for gas, oil or other subsurface hydrocarbons.
E.
No Blanket Permit.
Each proposed well hole shall require a separate permit and a permit shall not be permitted on a “blanket” basis.
F.
Evidence of Authority.
When a gas well permit has been issued to the operator, the gas well permit shall constitute authority for the activity for which a permit has been issued.
G.
Abandoned Well.
A gas well permit shall not constitute authority for reentering and drilling of an abandoned well. An operator shall obtain a new gas well permit in accordance with the provisions of this Chapter if the operator is reentering and drilling an abandoned well.
H.
Existing and Annexed Wells.
Provided there are no additions, alterations or other changes in activities, no additional gas well permit or filing fees shall be required for:
1.
any wells that are existing, previously permitted or approved by the City located within the City’s corporate limits on as of the effective date of this Ordinance;
2.
any wells where drilling has commenced on the effective date of this Ordinance;
3.
any wells in existence that have been annexed into the City prior to the effective date of this Ordinance; or,
4.
any well that was planned for the land before the 90th day before the effective date of its annexation and one or more licenses, certificates, permits, approvals or other forms of authorization by a governmental entity were required by law for such well and the completed application for the initial authorization was filed before the date of the annexation proceedings were instituted.
I.
Other Laws.
A gas well permit is required in addition to any permit, license, or agreement required under other City ordinances, state or federal law.
6.20.09
Application Requirements
A.
Generally.
A gas well permit application must be in writing, signed by the mineral owner or proposed operator, if different than the mineral owner, and the owner of the surface estate of the well development site. If the application does not contain the signatures of these persons, the person who signs on behalf of the mineral owner or the surface owner must submit evidence of authority to sign, or the operator may provide a copy of an executed mineral lease or surface use agreement.
B.
Form.
The application and applicable fee shall be submitted to the Community Development Department. The applicant shall complete the application on a form furnished by the City and shall provide the number of copies requested by the City. No permit application shall be accepted or deemed complete unless accompanied by said fee.
C.
Development Plat Required.
No drilling or production of a gas or oil well shall begin until a gas well development plat has been approved that conforms with the requirements established by the City. The development plat may run concurrently with the drilling permit application.
D.
Information Required.
The application shall not be deemed complete and acceptable for filing until the following information has been completed:
1.
The date of the application.
2.
An accurate legal description of the surface lease property proposed to be used for the gas operation, the pooled parcels included in the plat(s), the P-12 list of property owners in the lease pool(s) and the production unit and name of the geologic formation as used by the Railroad Commission. Property recorded by plat should reference subdivision, block and lot numbers.
3.
An accurate legal description of the proposed well development site.
4.
A detailed site plan that includes specific details regarding the projected location of the major components of the well development site showing the following:
a.
The height, size, bulk and location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including, but not limited to, tanks, pipelines, lift compressors, separators, and storage sheds.
b.
The distances between the wellhead and property lines.
c.
The location of all proposed underground pipelines and the point of connection with an off-site pipeline or a statement that there is no off-site pipeline.
d.
All ingress and egress points to the well development site.
e.
The proposed location of all fuel and power sources, including steam generation.
f.
Impacted vegetation, creeks and other topographic features.
g.
Temporary and permanent fencing.
h.
Adjacent building(s) and other structures and the distance from the edge of the well development site nearest to these buildings and structures, measured in the manner required by Section 14.04.13 [Section 6.20.13].
i.
The proposed location of the wellhead, tanks, fracing trucks, and other equipment expected to be on-site for longer than sixty (60) days and the distances between these objects and protected uses.
5.
The following information regarding the proposed well(s):
a.
The exact and correct acreage and number of wells in the current application.
b.
Whether the application is for the first well to be drilled on the well development site and whether venting or flaring is proposed.
c.
The total number of wells planned for the well development site, and their proposed locations, including the proposed RRC well bore plat.
d.
the total number of currently permitted wells on the well development site.
e.
the total number of currently operating wells on the well development site.
f.
the total number of abandoned wells on the well development site.
6.
Map showing proposed transportation route and roads, both public and private, to be used for equipment, chemicals or waste products used or produced by the gas operation.
7.
Executed Road Damage Remediation Agreement with applicable fees paid.
8.
A list of all trucking contractors that are required to utilize the approved truck route, along with the waste hauling permit number.
9.
Proposed well name.
10.
Surface owner name(s) and address(es) of the lease property.
11.
Mineral lessee’s name and address, and if the lessee is a corporation, the state of incorporation, and if the applicant, is a partnership, the names and addresses of the general partners.
12.
If the applicant is not the mineral lessee, the applicant’s name and address and if the applicant is a corporation, the state of incorporation, and if the applicant is a partnership, the names and addresses of the general partners.
13.
Name and physical and mailing address of the individual agent designated by the applicant to receive notice.
14.
Names, physical addresses and local telephone numbers of two representatives of the applicant who are authorized and responsible to ensure compliance with all conditions of the gas well permit, and other applicable ordinances, together with a sworn statement from each representative that he or she agrees to be responsible for ensuring that the operator’s employees, contractors and subcontractors comply with all conditions of the gas well permit, and applicable laws and ordinances.
15.
Location and description of all improvements and structures within one thousand (1,000) feet of the proposed well bore and one thousand (1,000) feet of the proposed locations of the tanks utilizing property surveys or the most recent Ellis County aerial maps of the location.
16.
Owner and address of each parcel of property within one thousand (1,000) feet of the boundaries of the pad site.
17.
A driveway plan showing internal drives and circulation.
18.
A design for the sound baffling equipment surrounding the compressor.
19.
An ambient air quality study which meets the requirements of Section 14.04.15 [Section 6.20.15].
20.
Fence and gate specifications.
21.
A landscape plan prepared by a landscape architect.
22.
Copies of all reports required by the Railroad Commission and TCEQ.
23.
If applicable, the names and addresses of owners within the setback distance prescribed by this Chapter for a wellhead, tanks, or other equipment and evidence of their consent to the proposed location of the same if less than the setback distances set forth in this Chapter.
24.
A dust mitigation plan detailing measures to be implemented to mitigate and suppress dust generated at the drill site and the private vehicle access route, or, if a gas well permit has already been approved for the well development site, a copy of the approved plan.
25.
A video documentary provided in a digital format of the existing roads to the proposed well site, of sufficient quality, as determined by the City, to permit the City to document the condition of the roads at issue.
26.
A description of the water source to be used during drilling, the estimated quantity of water to be used, and evidence of permits or approvals for such water source and the method of transporting.
27.
All material safety data sheets (MSDS) detailing the hazardous materials that will be located, stored, transported and/or used at the drill site shall be provided to the gas inspector and Fire Marshal.
28.
A description of all chemicals and their concentration and quantities to be used in drilling, fracing and other operations, including a description of the substances contained in the fracturing fluid to be utilized.
29.
A waste management plan that addresses management of human, solid and drilling production waste, including the method to be used for removal of produced water.
30.
A description of all fuel and power sources, including steam generation, to be used at the proposed well development and operation site, including but not limited to all public utilities needed during drilling and operation.
31.
A copy of the approved permit issued by the Railroad Commission to drill together with attachments and survey plats which are applicable to the drill and operation sites.
32.
A copy of the Stormwater Pollution Prevention Plan as required by the TCEQ and/or Environmental Protection Agency. A copy of the notice of intent shall be submitted to the Community Development three days prior to the commencement of any on-site activity.
33.
A copy of the erosion control plan required by the City.
34.
A copy of the determination by TCEQ of the depth of usable quality groundwater.
35.
Evidence of satisfaction of insurance and financial security requirements of this Chapter.
36.
All required application and gas well permit fees.
37.
The proposed gathering pipeline route from the well to the transmission pipeline.
38.
The name, address and phone number of the pipeline owner and of the pipeline operator.
40.
A hazardous materials management plan meeting the requirements of the Fire Code, or, if a plan has already been approved for the well development site, a copy of the hazardous materials management plan previously approved.
41.
A lighting plan, depicting all nighttime lighting to be used or occurring on the well development site and the measures to be taken to reduce glare on the properties adjacent to the site.
42.
A statement, under oath, signed by the applicant, or the applicant’s agent, if the agent signs the application, that the information submitted with the application is, to the best knowledge and belief of the applicant or the applicant’s designated agent, true and correct.
6.20.10
Notice Procedures
A.
An applicant for a gas or oil permit under this chapter shall publicize a statement of the Operator’s intent to file an application along with the general location of the pad site. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed prior to the Planning and Zoning meeting at which the permit is to be considered and will be prima facie evidence of such publication. The statement shall be published at least ten (10) days prior to, but not more than 30 days prior to, the date of filing an application for a Gas Well Permit under this Ordinance with the City, and the Operator shall publish a notice at the expense of the Operator, in one issue of the local section of the City’s Official newspaper for ten (10) consecutive days. All notices shall follow a format required by the City.
B.
At least ten (10) days prior to, but not more than thirty (30) days prior to, the date of filing of an application for a Gas Well Permit under this Ordinance with the City, the Operator, at Operator’s expense, shall erect and maintain at least one sign, as approved by the City, no less than three (3) feet by three (3) feet, upon the premises upon which a Gas Well Permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest Right-of-way, street, roadway or public thoroughfare adjacent to such property. The City may require additional signage if the premises fronts on more than one Right-of-way, street, roadway, or public thoroughfare.
1.
The sign(s) shall state that an application for a Gas Well Permit to drill for gas on that site has or will be filed and shall further set forth that additional information can be acquired by contacting the Operator at the number and address indicated on the sign.
2.
The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this Ordinance.
3.
The sign shall remain posted at the pad site until final action on the permit by the City Council.
C.
Within ten (10) days after the date of filing a complete application that meets all requirements for a Gas Well Permit with the City under this Chapter, the City shall notify, at the expense of the Operator, each surface owner of property, as shown by the current City of Red Oak address system and current tax roll within one thousand (1,000) feet of the proposed well. Such notice, as outlined below, shall be made by depositing the same, properly addressed and postage paid, in the United States mail. Notice shall also be placed on the City’s website.
D.
The notice shall contain the information as outlined below and shall also include the date and time of the Planning and Zoning Commission and City Council meetings at which the permit will be considered, an internet link for information on the application, the number of wells requested by the applicant, a statement that drilling may commence within one (1) year from the issuance of the permit, and contact telephone numbers for City staff and Operator/applicant.
E.
An Operator may request to amend a Gas Well Permit Application without renoticing, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the Application, provided that the distance to any Protected Uses is not decreased.
6.20.11
Processing of Application
A.
Complete Application Required.
No application shall be accepted for processing unless it is a complete application prepared in accordance with the requirements of this Chapter and other applicable ordinances and submitted in accordance with the City’s submission schedule.
B.
Determination of Completeness.
An application for approval of a gas well permit shall be subject to a determination of completeness by the City in accordance with this Chapter.
C.
No Waiver of Substantive Compliance.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter or other applicable ordinances.
D.
Issuance of Determination.
Not later than the twentieth (20th) day after the date an application is submitted, the City shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this Chapter or other applicable ordinances have been submitted. If the application is deemed to be incomplete, the City shall mail the determination that the application is incomplete by United States certified mail, to the address listed on the application or hand delivery. The determination shall specify the documents or other information needed to complete the application. If the application is determined to be incomplete, a new application must be submitted on the following submittal date as determined by the City’s submission schedule.
E.
Review of Application.
An application shall not be processed for review until after a determination of completeness has been issued. The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing.
F.
Grounds for Denial.
The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.
G.
Placement on Planning and Zoning Agenda.
Within 45 days of receipt of a complete application, the City shall place the application on the Planning and Zoning agenda for their recommendation to the City Council and give notice by mail of the time, place and purpose thereof to the applicant and any other party who has given the City a written request to be so notified. The Planning and Zoning Commission shall take consideration of the general health, safety and welfare of the City and consider the same information as specified in Subsection I below.
H.
Placement on City Council Agenda.
The application shall be placed on the next regularly scheduled City Council agenda following the Planning and Zoning Commission’s recommendation and give notice by mail of the time, place and purpose thereof to the applicant and any other party who has given the City a written request to be so notified.
I.
Consideration by City Council.
The City Council shall review the application and any other related information. The City Council shall consider the general health, safety and welfare of the City and may also consider additional information in deciding whether to grant a gas well permit, including, but not limited to the following:
1.
Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there.
2.
Whether the drilling of such wells would conflict with the orderly growth and development of the City.
3.
Whether there are other alternative well site locations.
4.
Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the gas well permit conditions to be imposed.
5.
Whether there is adequate access for the Fire Department personnel and firefighting equipment.
6.
Whether the emergency response plan, noise abatement plan, and other required plans meet the requirements of this Chapter and other applicable ordinances.
7.
Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well permit conditions are reasonable and justified, balancing the following factors:
8.
Whether there are public health and safety issues concerning the particular location of the proposed well.
9.
Whether the operations of the proposed well are consistent with protecting the ecological integrity and environmental quality, including protection of surface and ground water sources, of potentially impacted environmentally sensitive areas.
10.
Whether the granting of a gas well permit on the specific property will adversely affect any feature of the comprehensive master plan of the City.
11.
Whether the operator proposed by the applicant is a reasonable and prudent operator. In this regard, the City Council shall consider the number of citations issued for violations of this Chapter, the number of convictions for the violations in municipal court, notices, if any, from City officials for the applicant’s noncompliance with the provisions of this Chapter, violations submitted to or found by the Railroad Commission on previous wells permitted and drilled by the proposed operator, and similar factors.
12.
Whether flaring or venting during completion of the well should be permitted.
J.
[Reserved.]
K.
Action on Application.
The City Council may accept, reject or modify the application in the interest of securing compliance with this Chapter, and/or to protect the health, safety and welfare of the community.
L.
Subsequent Application.
If an application for a gas well permit is denied, nothing herein contained shall prevent a new permit application from being submitted for the same well.
6.20.12
Permit Contents
Each Oil/Gas Well Permit issued by the City shall:
A.
Identify the name of each well and its operator;
B.
Specify the date on which the City issued each permit and the date on which the permit expires;
C.
Specify that drilling must commence on the well covered by the permit within 180 days of approval by the City otherwise the permit expires. A single, extension of time up to the lesser of one year or the expiration date of the RRC permit may be recommended by the Planning and Zoning Commission and approved by the City Council if existing conditions are the same;
D.
Specify that initial fracing of the well covered by the drilling permit must commence within 180 days of approval or permit extension by the City. Subsequent fracing activities shall require a new fracing permit in accordance with Section 14.04.32 [Section 6.20.32];
E.
Specify that once drilling has commenced, the permit shall continue until the well covered by the permit is abandoned and the site restored;
F.
Incorporate, by reference, the insurance and security requirements set forth in this Chapter;
G.
Incorporate, by reference, the requirement for periodic reports and notifications as set forth in this Chapter;
H.
Incorporate the full text of the release of liability provisions set forth in this Ordinance;
I.
Incorporate, by reference, the conditions of the applicable Development Plat or applicable Specific Use Permit.
J.
Incorporate, by reference, the information contained in the permit application;
K.
Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable “field rules”;
L.
Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has been issued a notice to proceed in accordance with this Chapter;
M.
Contain the name, address, and phone number of the person designated to receive notices from the City, which person must be a resident of Texas that can be served in person or by registered or certified mail; and
N.
Incorporate by reference all other permits and fees required by the Code of Ordinances.
6.20.13
Setbacks
A.
Well Bore.
A well bore shall be set back a minimum of the following distances:
1.
Six hundred (600) feet from any protected use.
2.
Two hundred (200) feet from any accessory structure not associated with the operation of the well.
3.
One hundred and fifty (150) feet from any public street, road, highway or future street or right-of-way.
4.
One hundred and fifty (150) feet from any property line.
5.
One hundred (100) feet from any building that is accessory, but not necessary, to the operation of the well.
6.
Five hundred (500) feet from any freshwater well bore.
B.
Tanks.
All tanks, as defined herein, shall be set back a minimum of the following distances:
D.
Waiver from Setback Requirements.
1.
Upon receipt of a notarized statement from the owner of a protected use, the setback from a compressor may be reduced from six hundred (600) feet to no closer than two hundred fifty (250) feet.
2.
Upon receipt of a notarized statement from the owner of an accessory structure not associated with the operation of a well, the setback from the well bore may be reduced from two hundred (200) feet to a distance no closer than fifty (50) feet.
3.
Upon receipt of a notarized statement from the owner of each surface property owner whose property line is within one hundred fifty (150) feet from a well bore, the setback may be reduced from one hundred fifty (150) feet to a distance no closer than fifty (50) feet.
4.
All notarized statements must be filed in the Deed Records of Ellis County before they will be accepted by the City.
E.
Method of Measurement.
Measurement of the setback requirements in this Chapter shall be calculated from each object described in the is this section, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any protected use or other habitable structure, property line, or water well, as applicable.
F.
Date of Measurement.
The setback shall apply for any protected use for which a building permit has been issued on the date of the application for a gas well development plat or drilling permit.
6.20.14
Site and Operational Requirements
A.
Pipe.
No person or permit holder shall use any pipe material unless it is lead-free, biodegradable pipe dope meeting the standards set forth by the American Petroleum Institute (API). Sealant shall be used around pipe threads to ensure and maintain the integrity of the seal.
B.
Blowout Prevention.
The operator or permit holder must equip all drilling wells with adequate blowout preventers, and flow lines and valves commensurate with the working pressures involved, both as required by the Railroad Commission. In the event of the loss of control of any well, the operator or permit holder shall immediately take all reasonable steps to regain control regardless of any other provisions of the Chapter and shall notify the City as soon as practicable. If the City believes that danger to persons and property exists because of loss of well control and that the operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the City may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material that the City deems necessary to regain control of such well. The City shall then have a valid lien against the interest of the well of all working interest owners to secure payment of any expenditure made by the City pursuant to such action of the City in gaining control of said well, plus a ten percent (10%) administration fee.
C.
Closed-Loop Drilling Fluid Systems.
An operator shall utilize closed-loop drilling fluid systems.
D.
Compliance.
An operator shall comply at all times with all applicable federal, state and City requirements.
E.
Drill Stem Testing.
Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
F.
Electric Lines.
All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.
G.
Electric Motors.
Only electric prime movers or motors shall be permitted for the purposes of pumping the wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the City ordinances and the appropriate national codes.
H.
Floodplain, floodway.
No gas well bore shall be drilled within any floodway. No gas well bore shall be drilled within any floodplain unless all required federal and state approvals have been issued.
I.
Grass, Weeds, Trash.
The operator shall ensure that all drill and operation pad sites shall be kept clear of high grass, weeds, and combustible trash.
J.
Lights.
Notwithstanding the regulatory requirements for lighting and glare standards, no person shall permit any lights located on any drill site or operation site to be directed in such a manner so that they shine directly on public streets, adjacent property or property in the general vicinity of the drill site or operation site. Site lighting shall be shielded and directed downward and internally so as to avoid glare on public streets, adjacent properties and buildings within two hundred fifty (250) feet.
K.
Pits.
No open pits are permitted. An operator commits an offense if the operator uses open pits, lined earthen mud or circulating pits.
L.
Storage of Equipment.
Storage of equipment shall be in accordance with Section 6.20.28(E) of this Chapter.
M.
Casing.
1.
All casing shall be run and set in full compliance with the applicable rules and regulations of the Railroad Commission.
2.
Copies of reports detailing any testing data, logs or similar quality standards required by the Railroad Commission or conducted on-site to verify integrity of cementing and casing standards shall be submitted to the City on the date submitted to the Railroad Commission.
N.
Valves and Devices.
1.
Each well must have a shutoff valve to terminate the well’s production.
2.
The operator shall provide the Fire Department with around-the-clock access to the well site to enable it to close the shutoff valve in an emergency.
3.
All emergency valves shall be clearly marked by lettering being a minimum of 6 inches tall, with a minimum stroke width of 0.5 inch on contrasting background, plainly visible and legible.
4.
The operator shall not use high bleed pneumatic devices at a well development site or operation site.
5.
To the extent that API standards will permit, new and reworked valves and piping connections shall be located in a place that is reasonably accessible for leak-checking during operations.
O.
Flaring and Venting.
1.
A person commits an offense if the person flares or vents a well.
2.
It is an affirmative defense to prosecution for a violation of subsection (1) that:
3.
After fracing or refracing a gas well, the operator shall employ such equipment and processes as soon as practicable to minimize the release into the air of gas and associated vapors from the well.
5.
The operator of a gas well that has access to a sales line shall employ means or methods that minimize, to the extent technologically feasible, the release into the air of gas and associated vapors from the well when gas from the well is permitted to flow during the completion or recompletion of the well.
P.
Alarms Required.
A monitored alarm system approved by the City of Red Oak Fire Marshall shall be installed at each well site prior to the production of any gas to provide warnings for a substantial drop in pressure, the release of any gas or oil, or fire.
Q.
Containment Devices.
Drip pans and other containment devices or oil-absorbing materials shall be placed or installed underneath all tanks, containers, pumps, lubricating systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids, or solid waste materials, including hazardous waste inseparable by simple mechanical removal processes that is made up of primarily natural material.
R.
Erosion Control.
Erosion control measures shall be utilized for all gas wells. Damage resulting from sedimentation and/or erosion shall be repaired immediately.
6.20.15
Air Emissions; Control and Monitoring
A.
Study required.
1.
Pre-drilling.
An applicant shall submit a pre-drilling ambient air study of the well development site with its application for a gas well permit. The study shall be conducted by an air quality consultant experienced in the sampling and monitoring of oil and gas upstream operations and shall meet the following requirements:
a.
Samples shall be taken at three locations specified by the gas inspector.
b.
The study shall be conducted using Summa canisters and shall utilize the TO-15 analysis, as written by the United States Environmental Protection Agency and the D1946 analytical method. The applicant may request to utilize other analytical methods by submitting a request to the City Council.
2.
Post-Drilling.
After completion of the well, the operator shall submit a post-drilling ambient air study of the well development site. The study shall be conducted in the same manner as the pre-drilling study.
B.
Emissions Plan Required.
An applicant shall submit a plan for controlling air contaminants. The plan shall include the following information and meet the following requirements:
1.
A detailed site plan showing the location of each emission source.
2.
For each source, composition of emissions, expected maximum daily and hourly emissions rate.
3.
For each source, detailed descriptions of the measures taken and equipment used to reduce emissions below the levels listed in subsection (C).
C.
Nuisance.
The emission of one or more of the following air contaminants which (i) exceed the concentration identified in the preambient air study; and, (ii) which result in a net ground level concentration (GLC) in excess of the concentrations provided in 30 TAC Section 106.352 at or beyond the setback distance specified in this Chapter are determined to be and constitute a nuisance[.]
D.
Monitoring.
1.
The Gas Well Inspector shall utilize a photo ionization detector to test each of the well sites at every quarterly inspection. The inspector shall determine if further testing is required.
2.
In the event further testing is required, the City shall retain an air quality consultant experienced in the sampling and monitoring of oil and gas upstream operations who shall perform periodic air sampling of an operation site to determine whether the emission limits specified in this section are exceeded.
a.
Payment for the sampling shall be borne by the operator.
b.
All air sampling shall be completed with Summa canisters and utilize the sampling methods specified in subsection (A).
c.
All air samples shall be one hour duration.
d.
All air samples shall be taken at the setback distance required by this Chapter, measured from the emission source.
e.
Each time sampling is performed, the consultant shall take at least one sample directly downwind of the operation site, and one sample directly upwind of the operation site.
f.
The consultant shall select the source or sources for sampling that are most likely to cause the greatest danger to residents’ health and safety.
g.
The consultant shall use the source or sources to determine the direction and distance for the sample.
h.
The consultant shall analyze the samples, prepare a report summarizing the results, and deliver the report to the City Manager.
i.
All costs of sampling will be borne by operator.
j.
The operator may propose mathematical modeling using an EPA approved model as an alternative method of determining potential ground level concentrations. This method of modeling will require the use of direct measured emission rates and must be submitted to and approved by the City Manager.
E.
Best Management Practices.
The operator shall comply with the following best management practices:
1.
All equipment at the operation site which has the potential to emit air contaminants must be maintained in good working order and operated properly during operations.
2.
Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve to seal the line so that no leakage of emissions occurs. If equipped with a second valve, both valves shall be closed except during sampling.
3.
Tank hatches and valves, which emit to the atmosphere, shall remain closed except for sampling or planned maintenance activities.
4.
All pressure relief devices (PRD) shall be designed and operated to ensure that proper pressure in the vessel is maintained and shall function as designed. If the PRD does not automatically reset, it must be reset within 24 hours at a manned site and within one week if located at an unmanned site;
5.
All seals and gaskets in VOC or H2S service shall be installed, checked, and properly maintained to prevent leaking;
6.
The operator shall follow manufacturer’s specifications and recommended programs for maintenance of equipment. In the absence of manufacturer’s recommended programs, each site shall establish and maintain a program to replace, repair, and/or maintain equipment to keep them in good working order. Replacement and repair of equipment shall follow these established programs;
7.
Damaged or leaking valves, connectors, pumps, compressors, and agitator seals found to be emitting VOCs in excess of 10,000 ppmv as determined using a portable analyzer, found by AVO inspection to be leaking (e.g., dripping process fluids), or found leaking using the Alternative Work Practice shall be tagged and replaced or repaired; and
8.
To the extent that API standards will permit, new and reworked valves and piping connections shall be located in a place that is reasonably accessible for leak-checking during operations.
F.
Loading Requirements.
The operator shall comply with the following requirements during loading/unloading of trucks and tanks containing liquids or natural gas:
1.
The operator shall maintain all tanks, valves, fittings, hatches and other equipment in such a way as to minimize the emissions of all volatile organic compounds.
2.
If vacuum trucks are used at the site, vacuum pumps and blowers shall not be operated on trucks containing or vacuuming liquids with VOC true vapor pressure greater than 0.50 psi at 95F unless the vacuum/blower exhaust is routed to a control device or a controlled recovery system. Positive displacement pumps may be used.
3.
The operator shall not allow condensate to be loaded into a tank truck unless the tank truck has passed a leak-tight test within the past twelve (12) months.
4.
For each condensate tank truck traveling to the well development or operation site, the operator shall present the gas inspector a certification from an unrelated third party stating that the vessel has passed a leak-tight test within the past twelve (12) months.
5.
When loading materials with a vapor pressure greater than or equal to 0.5 psia at maximum loading temperature, the loading emissions shall be routed to a control device.
6.
The operator shall conduct loading operations at all loading/unloading facilities, without visible liquid leaks or spills regardless of vapor pressure. The foregoing does not apply to momentary dripping associated with the initial connection or disconnection of fittings.
7.
Sustained dripping from fittings during loading/unloading operations is not permitted unless drip pans or other containment devices are in place.
8.
The operator shall report to the TCEQ and to the gas inspector any liquid spill that occurs during loading/unloading activities that results in emissions that exceed a reportable quantity pursuant to State regulatory requirements.
9.
The operator shall cause a visual inspection of all lines and connectors to be made prior to hookup.
10.
The operator shall cause any lines and connectors that are visibly damaged to be removed from service. Operations shall cease as soon as safely possible upon detection of any liquid leaking from the lines or connections.
6.20.16
Noise Standards and Monitoring
A.
Minimum Standards.
No gas well shall be drilled, redrilled, or reworked at any location within the City in such a manner so as to create any noise which causes the exterior noise level when measured three hundred (300) feet from the wellhead or closest protected use whichever is closer that:
1.
exceeds 60 dB at any time of the day;
2.
creates pure tones where one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hertz and above, and by 8 dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
3.
creates low-frequency outdoor noise levels that exceed the following dB levels:
16 Hz octave band: 65 dB
32 Hz octave band: 65 dB
64 Hz octave band: 65 dB
When noise contains strong pure tone components or is impulsive, 2 dB shall be subtracted from the appropriate limitation.
4.
In determining compliance, the formula listed in Subsection B(2) may be used where r1 shall be the closest distance to the well were a sound reading may be safely obtained.
B.
Compressors.
1.
All compressors and other mechanical equipment not associated with drilling and fracing that is designed to be on-site longer than ninety (90) days must meet the requirements of Section 14.04.33 [Section 6.20.33].
2.
All compressors shall not exceed 40 dB at three hundred (300) feet from the source of the noise. Compliance shall be determined by measuring the noise level twenty
(20) feet from the noise source on all four sides and taking the average decibel reading. Average readings in excess of 64 dB shall indicate that the compressor is not in compliance with this subsection by utilizing the following formula:
r2 = r1 * 10(L1 - L2)/20
Where r1 is the reference distance from the sound source (in this case 20 feet)
And r2 the second reference distance from the sound source (in this case 300 feet)
And L1 is the sound level at r1 (in this case 63.52 dB)
And L2 is the sound level at r2 (in this case 300 ft.)
C.
Standard for Measuring Equipment.
1.
The sound level meter used in conducting noise evaluations shall meet the American National Institute’s Standard for a sound meter or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
2.
Measurements shall be taken using the A-weighted sound pressure intensity measurement scale.
D.
Monitoring Required.
During drilling, reworking, fracing, construction and workover operations of gas wells, the operator shall continuously monitor the noise levels to ensure compliance. The cost of such monitoring shall be borne by the operator. Upon request, the operator must submit reports to the City of said monitoring activities.
E.
Fracing Operations.
All formation fracing operations shall be conducted during daytime hours. At no time shall fracing operations exceed 70 dB. “Flowback” operations to recover fluids used during fracture stimulation shall be exempt from work hour restrictions.
F.
Site Development.
No construction activities involving excavation of, demolition of, alteration to, or repair work on any access road or pad site, shall occur during nighttime hours.
G.
Workover Operations.
All workover operations shall be restricted to daytime hours. “Workover operations” shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production. For fracing operations, refer to Subsection E above.
H.
Sound Baffling Devices.
Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the Gas Inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and subject to approval by the Gas Inspector.
I.
Vehicle Operations.
All operations, including but not limited to vehicle operations, are limited to daytime hours.
6.20.17
Insurance and Indemnification
A.
Insurance Required.
The operator shall provide or cause to be provided the insurance described below for each well for which a Gas/Oil Well Permit is issued such insurance to continue until the well is abandoned and the site restored. Such coverage shall be approved by the City Council.
B.
Indemnification and Express Negligence Provisions.
1.
Each Oil/Gas Well Permit issued by the City shall include the following statement: “Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or claim to have, against the City of Red Oak, and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a Gas/Oil Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Gas/Oil Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Red Oak, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Red Oak, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas/Oil Well Permit and, the Operator agrees to indemnify and hold harmless the City of Red Oak, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City and/or, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Red Oak occurring on the drill site or operation site in the course and scope of inspecting and permitting the oil/gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF RED OAK OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL/GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF RED OAK, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF RED OAK, TEXAS, AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE OIL/GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.”
2.
All operators must provide the City with thirty (30) days’ advanced written notice that the policy will be cancelled or nonrenewed except when the policy is being cancelled for nonpayment of premium, in which case ten (10) days’ advance written notice is required.
3.
Liability policies shall be written by carriers licensed to do business in Texas and with companies rated “A” or better by A.M. Best approved by the City. The “A” rating by A.M. Best shall be maintained for the policy period.
4.
Liability policies shall name as “Additional Insured” the City and its officials, agents, employees, and volunteers.
5.
The policy phrase “other insurance” shall not apply to the City where the City is an additional insured on the policy and each policy shall be primary and noncontributory.
6.
All liability policies shall include a blanket waiver of subrogation.
7.
The operator shall present to the City copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this section before the issuance of a permit.
8.
Certificates of insurance must be presented to the City evidencing all coverages and endorsements required by this Chapter.
9.
The acceptance by the City of a policy without the required limits and/or coverage shall not be deemed a waiver of these requirements.
10.
After the insurance of the well permit, the City may require the operator to provide a copy of the most current insurance coverage and endorsements for review at any time. An administration fee in the amount set in the City’s fee schedule will be charged to cover the cost of such reviews.
11.
Claims-made policies will not be accepted except for excess policies or unless otherwise provided by this Ordinance.
C.
Minimum Amounts.
The operator shall maintain insurance coverage for the activities permitted in this Chapter in the following minimum types and amounts:
1.
Commercial liability coverage for bodily injury and property damage coverage in a minimum combined single limit of ten million dollars ($10,000,000.00) per occurrence with an annual general aggregate coverage of twenty million dollars ($20,000,000.00). This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground reservoir (or resources), broad form property damage, independent contractor’s protective liability and personal injury.
2.
Underground reservoir (or resources) damage coverage issued on an occurrence basis, shall not be limited to sudden and accidental occurrences, shall not have a discovery or reporting limitation and shall not exclude damage to water tables, formation or strata.
3.
Environmental impairment (or seepage and pollution) coverage, shall be maintained in an amount of at least two million dollars ($2,000,000.00) per loss, with an annual aggregate of at least twenty million dollars ($20,000,000.00) for environmental pollution liability applicable to bodily injury, property damage, including loss of use of that damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with a loss arising from the insured site.
1.
Coverage shall apply to sudden and accidental pollution conditions resulting from escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.
2.
The operator shall maintain continuous coverage and shall purchase extended coverage period insurance when necessary. The extended coverage period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by the City.
3.
A discovery period for such peril shall not be less than ten years after the occurrence.
4.
Automobile Liability Insurance. Minimum Combined Single Limit of ten million dollars ($10,000,000.00) per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles.
5.
Worker’s Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer’s Liability limits of at least one million dollars ($1,000,000.00) for each accident, one million dollars ($1,000,000.00) for each employee, and a one million dollar ($1,000,000.00) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator.
6.
Excess (or umbrella) liability insurance in a minimum limit of $20,000,000.00 providing excess coverage for each of the perils insured by the preceding liability insurance policies.
7.
Control of well insurance with a minimum limit of ten million dollars ($10,000,000.00) per occurrence, with a maximum deductible of two hundred and fifty thousand ($250,000.00) per occurrence. The policy shall cover the following:
6.20.18
Security
A.
Cash Bond Required.
Prior to the issuance of a gas well permit, the operator shall file with the City a cash bond in the minimum amount of $125,000.00 for any single well or a blanket bond in the amount of $375,000.00 that will cover up to five wells on a single pad site. The bond must provide that it cannot be cancelled without at least thirty (30) days’ prior written notice to the City except when the policy is being cancelled for nonpayment of premium, in which case 10 days’ advance written notice is required.
B.
Increase in Required Bond Amount.
The City Council may increase the required amount of the bond if the City Engineer determines that additional security is necessary to protect against damage to City streets as a result of the vehicle routes to be utilized for travel to and from the well development site and operation site, or, using the ASHTO standards, the expected life of a street will decrease as a result of the operator’s activities, or there are other circumstances, based on the operator’s prior actions, which require additional security.
C.
Purpose of Bond.
As to each well, the cash bond shall secure the obligations of the operator to do the following:
1.
Comply with the road damage remediation agreement and the insurance provisions set forth in this Chapter; and
2.
Pay fines and penalties imposed upon the operator by the City for any breach of the well permit or this Chapter if the operator fails to pay such fines or penalties within 30 days of the assessment of such fines or penalties; and,
3.
Comply with the performance obligations of this Chapter.
D.
Condition of Bond.
1.
The bond shall become effective on or before the date of the gas well permit is issued and shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored to the reasonable satisfaction of the City Manager, whichever occurs later.
2.
The City shall be authorized to draw upon the bond to recover any fines or penalties assessed under this Chapter or any other costs or work for which the operator is assessed and fails to pay.
3.
Any operator who initially posted a cash bond, and whose well is in compliance with these regulations, is in the producing stage and all drilling operations have ceased, may submit an application to the City to reduce the bond to $25,000.00. When determining whether the bond should be reduced, the City Council will take into consideration circumstances based on the operator’s prior actions. During reworking operations, the amount of the bond shall be maintained at the original amount required.
E.
Termination of Bond.
The security will terminate when the Gas/Oil Well Permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the City consents in writing to such termination.
6.20.19
Forfeiture of Bond Proceeds
A.
Notice by City.
Whenever the City finds that a default has occurred in the performance of any requirement or condition imposed by this Chapter or a gas well permit the cure for which requires the performance of work or expenditure of funds, written notice shall be provided to the operator. The notice shall specify the work to be done, the estimated cost and the period of time deemed by the gas inspector or other authority assigned by the City to be reasonably necessary for the completion of such work. Provision of the notice shall not affect the City’s rights to enforce the requirements of the gas well permit, the revocation of the permit or other provisions of this Chapter.
B.
Abatement by City.
In the event the operator does not cause the work to be performed and fails or refuses to pay over to the City the estimated cost of the work to be done as set forth in the notice, the City may cause the work to be performed to abate the noncompliance, forfeit the costs by application of the bond proceeds and/or abate the default by way of civil action against the operator.
C.
Fines and Penalties.
The City shall be authorized, but not required, to forfeit the bond to recover any amount due from the operator to recover any fines or penalties assessed under this Chapter.
D.
No Waiver to be Implied.
The failure of the City to draw against such security shall not be deemed a waiver of any claim against the operator. Upon receipt of such monies, the City shall proceed by such mode as deemed convenient to cause any required work or condition to be performed and completed, but no liability shall be incurred other than for the expenditure of the sum in hand.
E.
Abandonment of Well.
In the event that a well has not been properly abandoned under the regulations of the Railroad Commission, the City may require such additional monies from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this Chapter.
F.
Release of Bond.
When the well has been abandoned in conformity with all regulations of this Chapter, and in conformity with all regulations of the Railroad Commission and the City has received notice and the gas inspector has determined that the site has been restored as nearly as is possible to its original state, the bond shall be terminated and cancelled, and the City shall return the funds to the operator.
6.20.20
Vehicle Routes
A.
Generally.
The vehicle route used by the operator and permit holder, its employees and contractors shall be limited to collectors and thoroughfares as those terms are defined by the City’s comprehensive plan. The vehicle route map must be approved by the City Council with the permit application. The applicant must demonstrate that the roads intended to be used are adequate and have sufficient capacity to safely accommodate the demand generated by the proposed well. The applicant must provide the expected demand in total trips.
B.
Applicable Vehicles.
Vehicles associated with drilling and/or production in excess of three (3) tons shall be restricted to streets as designated on the vehicle route plan.
C.
Change in Route.
If the operator proposes to change the approved route, the operator shall submit the proposed route to the City Council for its approval. The Council must approve any change in the route approved with the issuance of the gas well permit.
D.
Private Roads and Drill Sites.
Prior to the commencement of any drilling operations, the operator shall install all access drives and/or improve private roads in accordance with Section 6.20.28(D)(1) of this Chapter. All private roads used for access to the well development site and the operation site itself to be at least fourteen feet (14') wide, have an overhead clearance of fourteen feet (14') and shall be surfaced with crushed rock, gravel or ore and maintained to prevent dust and mud. The operator shall ensure that all private roads are maintained to continuously allow the passage of emergency vehicles.
E.
Offense.
The operator commits an offense if the operator or a subcontractor or contractor of the operator drives a truck or vehicle on a road other than the vehicle route approved in the gas well permit.
F.
Hours of Travel.
All truck deliveries of equipment and materials, associated with the drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to daytime hours except in the case of fires, blowouts, explosions and any other emergencies where the delivery of equipment is necessary for public health and safety reasons.
G.
Additional Travel Limits.
The City Council may place reasonable conditions, as part of a permit under this chapter, to regulate the operation of truck traffic by contractors and subcontractors to restrict deliveries and the operation of vehicles to alleviate unsafe road conditions, i.e. school start and end times.
6.20.21
Road Damage Remediation Agreement
A.
Remediation.
As a condition of the gas well permit, the operator must execute a road damage remediation agreement with the City that provides that, if the permit is granted, the operator shall repair, at the operator’s own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of gas wells.
B.
Execution of Agreement.
The City Manager shall be authorized to execute the Agreement provided the City Council has approved the form of the agreement and Applicant has submitted the bond required by this Chapter.
C.
Mitigation.
Before the operator may commence activities at the well development site, the operator must pay a roadway damage remediation fee in the amount based upon current replacement costs for concrete and asphalt road sections, including the costs of materials and labor, and administration as set forth in the City’s fee schedule.
6.20.22
Use of City Right-of-Way; Agreement
A.
Easement or License Required.
No operator shall excavate or construct any lines for the conveyance of fuel, oil, 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 license from the City, and then only in strict compliance with this Chapter, other City ordinances, and all requirements of the City Engineer.
B.
No Drilling on Surface of City Right-of-Way.
No well permit shall be issued for any well to be drilled on the surface of the public rights-of-way of the City and/or future streets.
C.
Consent of City Required for Temporary Closure.
No street shall be blocked or encumbered or closed due to any exploration, drilling or production activities unless prior consent is obtained from the City.
6.20.23
Pre-Drilling Requirements
A.
Meeting Required.
No construction activities involving excavation of, demolition of, alteration to, or repair work on any access road or pad site or any drilling, fracing or reworking operations may be conducted until such time a “Pre-drilling Meeting” has been conducted, the purpose of which shall be to ensure that the operator and all subcontractors are aware of the permit requirements, including but not limited to, the noise standards and official vehicle route as approved in the permit.
B.
Scheduling of Meeting.
The Pre-drilling Meeting shall be conducted at least seventy-two (72) hours prior to the commencement of the aforementioned activities.
C.
Contact Information.
The operator shall provide the City with the contact information, including name, address and 24-hour contact person for all of the subcontractors that will be accessing the drill site with vehicles in excess of three (3) tons.
6.20.24
Hours of Operation; Work Hours
A.
Daytime Operations.
A person commits an offense if the person engages in the following activities at a well development or operation site at a time other than daytime hours:
1.
Site development, other than drilling;
2.
All workover or reworking operations;
3.
Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, and other related work conducted on the well development site or operation site;
4.
Open hole formation or drill stem testing; or
5.
Fracing operations.
B.
Affirmative Defense.
It is an affirmative defense to prosecution for a violation of Subsection C that an emergency exists.
C.
Additional Restrictions.
1.
The City Council may further restrict the timing of truck traffic deliveries to or pickups from the well development site or operation site as a condition of the gas well permit as provided for in this Chapter.
D.
Fracing.
Fracing operations shall be conducted Monday through Friday and shall not be conducted on any City-observed holiday.
6.20.25
Schedule of Activities, Notices and Inspections
A.
Schedule Required.
Upon issuance of a gas well permit, the operator shall file with the City a written schedule of the proposed sequence of drilling and completion activities. In the event of a change to this schedule, the operator shall submit an amended schedule to the City.
B.
Posting of Schedule.
The operator shall post a copy of the schedule at the construction trailer or other accessible location on the well development site.
C.
Notice to Proceed.
The City Manager shall issue the operator a written notice to proceed which shall authorize the operator to commence activities at the well development site upon determination that the following have been satisfied:
D.
Offense.
A person commits an offense if the person performs work at a well development site before a notice to proceed has been issued.
E.
Well Bore Casing.
The operator shall notify the City’s gas inspector by phone or in writing, if no answer, at least 12 hours prior to the scheduled time for cementing the well bore casing.
F.
Completion.
1.
The operator shall notify the gas inspector by phone or in writing, if no answer, at least seventy-two (72) hours prior to starting completion procedures such as perforating, fracing and flaring.
2.
The operator shall not fracture more than the first well drilled on a lease or unit site unless there is a sales line in place to transport the gas.
G.
Pipeline.
The operator shall notify the gas inspector by phone or in writing, if no answer, at least 72 hours prior to the first sale.
H.
Final Inspection.
After the site has been cleaned up, the operator shall notify the gas inspector for a final inspection. Prior to the final inspection, the operator must provide the City with geographic coordinates of the well bore, using the North American Datum 1983 (NAD 83), Texas State Plane - North Central Zone (4202), in U.S. feet.
I.
Lift Compressor.
If the operator determines that a lift compressor is required, the operator shall notify the gas inspector by phone or in writing, if no answer, at least seventy-two (72) hours prior to the installation of the compressor.
J.
Flaring.
If the gas well permit authorizes the operator to flare, the operator shall notify the property owners within one thousand (1,000) feet of the well development site at least seventy-two (72) hours prior to the time proposed for flaring.
6.20.26
Permanent Signs
A.
Sign Required.
The operator shall display a sign which meets the requirements of the Railroad Commission and this section at each gate on the site fencing erected at the well development and operation site.
B.
Construction Requirements.
The sign shall be a permanent, weatherproof sign, maintained in good condition and designed to meet the following requirements, unless otherwise required by the Railroad Commission or City Council:
C.
No Smoking Sign.
Immediately upon completion of the well site fencing, the operator shall display, at each entrance to the well site a permanent weatherproof sign reading “DANGER NO SMOKING ALLOWED,” which shall conform to the approved sign plan and meet the following requirements:
D.
Vehicle Route Map.
A permanent weatherproof sign at least four feet (4') by eight feet (8') in size shall be installed at the site exit point, indicating the vehicle route map and specifying “NO RIGHT TURN” or “NO LEFT TURN” in conformance with said approved vehicle route map.
6.20.27
Freshwater Wells
A.
Cathodic Protection System.
The operator shall, within 120 days of the completion date, equip each well with a cathodic protection system to protect the production casing from external corrosion, unless the gas inspector approves an alternative method of protecting the production casing from external corrosion.
B.
Analysis Required.
The operator of a well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis and flow rate from any existing freshwater well logged with the TCEQ and Texas Water Development Board within one-quarter (1/4) mile of the well. The tests shall conform to the following testing requirements:
1.
Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from a U.S. Environmental Protection Agency or TCEQ approved laboratory.
2.
Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well. A post-drilling sample for analysis shall be submitted by the operator no sooner than two months and no later than three months after the drilling begins.
3.
Parameters to be tested for, include but are not limited to methane, chloride, sodium, barium and strontium.
C.
Waiver of Testing.
If it is found that the freshwater well is no longer in use and without possibility of future use or if the freshwater well owner objects to having the water well tested, the owner of the freshwater well may waive the right to have the operator test the water. In such instance, the owner must execute an indemnity agreement releasing and holding harmless the City, its officers and employee from any claims and/or damages.
6.20.28
On-Site Requirements
A.
Fencing.
All production equipment on the pad site shall be completely enclosed by a permanent chain-link fence eight (8) feet in height with a secured gate within twenty (20) days after the installation of said production equipment. The pad site gate shall be equipped with a Knox lock. The equipment may be enclosed in a single fence, or components may be fenced separately. The gates shall remain locked when operation personnel are not present. Fences shall not be required on drill sites during initial drilling, completion or reworking operations as long as 24-hour on-site supervision is provided.
B.
Tanks.
All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the Fire Marshal. The top of the tanks shall be no higher than fifteen (15) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of this Chapter, the Railroad Commission and the National Fire Protection Association.
C.
Signage.
In accordance with of this Chapter.
D.
Access Drives.
1.
All private roads used for access to the drill site and the operation site itself shall be at least fourteen (14) feet wide, have an overhead clearance of fourteen (14) feet and shall be surfaced with milled asphalt, crushed rock, gravel or ore and maintained to prevent dust and mud, except from the edge of the roadway to the lesser of, seventy (70) feet inside the property line or the installed gate, which must be surfaced with a minimum of eight inches (8") of concrete. All secured access gates shall be equipped with a knox lock and shall be set back a minimum of seventy (70) feet from the right-of-way. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the City Engineer and/or Gas Inspector after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the operation; the purpose for which the property of such owners is or may be used; topographical features; nature of the soil; and exposure to wind.
2.
All private roads used for access to the drill site that connect to public rights-of-way shall be angled in such a way as to encourage vehicular traffic to enter and exit the site in a manner that complies with the approved truck route. Additionally, all private roads shall have a drainage culvert constructed and installed in conformance with standards established by the City.
E.
Storage.
On-site storage is prohibited on the operation site. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well.
1.
Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.
2.
No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway or upon any operation site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The City Engineer, Fire Marshal or Gas Inspector shall determine whether equipment on the site shall constitute a fire hazard.
3.
Portable fracing tanks shall be removed within sixty (60) days following the completion of fracing activities.
F.
Fire Suppression.
All fire suppression and prevention equipment and related supplies required by any applicable federal, state, or local law shall be provided by the operator, at the operator’s cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. All fire suppression and prevention equipment shall be compatible with the local jurisdiction and shall meet National Fire Protection Association (NFPA) standards.
6.20.29
Waste Management Plan
A.
Drilling Waste Disposal.
Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling, redrilling, reworking or deepening of any well shall be discharged into a closed loop mud system.
B.
Frequency of Waste Removal.
Unless otherwise directed by the Railroad Commission, waste materials shall be removed from the site and transported to an approved off-site disposal facility not less often than every thirty (30) days. Water stored in on-site tanks shall be removed as necessary.
C.
No Pollution.
All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the State, this Chapter and any other applicable ordinance of the City.
D.
Disposal of Salt Water.
The operator shall make adequate provisions for the disposal of all salt water or other impurities which may be brought to the surface from the depth of the well. No saltwater pits, vats or other open storage of salt water shall be permitted within the City. No saltwater disposal wells shall be located within the City of Red Oak.
6.20.30
Chemical and Materials Storage
A.
Manner of Storage.
The operator shall store all chemicals and/or hazardous materials in such a manner as to prevent, contain and facilitate rapid remediation and cleanup or any accidental spill, leak or discharge of a hazardous material.
B.
Hazardous Materials Management Plan.
A Hazardous Materials Management Plan shall be approved by the City of Red Oak Fire Chief or his or her designee and kept on file with the City. The plan shall designate primary and secondary hazardous materials response and environmental response teams, including all necessary contact information.
C.
MSDSs.
The operator shall maintain all material safety data sheets (MSDSs) for all hazardous materials on-site. These documents shall be readily accessible to local Fire Department Officials, Emergency Management Officials, Gas Inspectors and/or their designees. The location of the MSDs shall be approved by the City of Red Oak Fire Marshal.
D.
Compliance with Laws.
The operator shall comply with all applicable federal and state regulatory requirements for the proper labeling of containers.
E.
Use of Pallets.
The operator shall take all appropriate pollution prevention actions including but not limited to raising chemical and materials and bulk storage (e.g., placing such materials on wooden pallets) and providing adequate protection from stormwater and weather elements.
F.
Unlawful Disposal.
No person shall place, deposit, or discharge (or cause or permit to be placed, deposited, or discharged) any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or salt water brine, from any gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the City.
6.20.31
Tanks
A.
Generally.
An operator must use portable closed steel storage tanks for storing liquid hydrocarbons.
B.
Equipment.
All tanks must have a vent line, flame arrester system and pressure relief valve.
C.
Standards.
All tanks and permanent structures shall conform to the American Petroleum Institute (A.P.I.) specifications unless other specifications are approved by the Fire Chief or its designee. The top of the tanks shall be no higher than fifteen (15) feet above the terrain surrounding the tanks.
D.
Secondary Containment.
All storage tanks, including temporary flowback tanks, shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be a minimum of three feet in height and one and one-half times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot below the surface.
E.
Flowback Tanks.
Temporary flowback tanks shall be removed from the well development site within sixty (60) days after the date of completion of the gas well(s).
F.
Control Device.
Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank.
G.
Floodplain.
No meters, storage tanks, separation facilities, or other above-ground facilities, shall be placed in the floodway identified by FEMA on the most current FIRM or the 100-year floodplain map.
H.
Drip pots.
Drip pots shall be provided at the pump out connection to contain the liquids from the storage tank.
I.
Lightning Arrestor.
All tank facilities shall be equipped with a lightning arrestor system.
6.20.32
Fracing
A.
Permit Required.
Initial fracing operations are covered under the drilling permit for a period of one year from the date of approval of the drilling permit. Subsequent fracing operations require the application of a new fracing permit valid for a period of six (6) months. Upon application of a fracing permit, the applicant shall provide the following:
1.
A completed application on forms provided by the City;
2.
Application fee as set forth in the City’s adopted fee schedule;
3.
A list of chemicals, including concentrations and quantities, to be used in the fracing process;
6.
An updated Road Damage Remediation Agreement as required by the City Engineer; and
7.
If fracing operations have already been performed for the unit, testing reports from all water wells within one-quarter (1/4) mile radius.
The Planning and Zoning Commission shall review each application and shall make recommendations regarding the applications to the City Council. |
B.
Fracing Requirements.
The following requirements shall apply to all fracture stimulation operations performed on a well:
1.
At least seventy-two (72) hours before fracing operations are commenced, the Operator shall notify the City and post a sign at the entrance of the well site advising the public of the date the operations will commence;
2.
A watchman shall be required at all times during approved nighttime operations; and
3.
At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.
C.
Freshwater fracture pits
1.
The construction of freshwater fracture pits shall require a permit from the City after review by staff and the City Engineer.
2.
All pumps and equipment associated with pumping water from the freshwater frac pits must meet the noise requirements of Section 14.04.16 [Section 6.20.16] of this chapter.
3.
All temporary pipes used to transport freshwater from the frac pits must obtain the required right-of-way permits if utilizing the City’s right-of-way.
4.
No freshwater fracture pit may be placed in any City recognized drainageway, FEMA floodplain or floodway, existing right-of-way or easement.
5.
Construction and maintenance of the freshwater fracture pit must comply with all local, state and federal regulations.
6.
All pits shall meet the following requirements:
a.
Freshwater fracture pits shall not be lined with a synthetic impervious liner unless approved by the City. Existing liners shall be removed at the time any pit is reworked, enlarged, restored, refilled or altered unless otherwise authorized by the City;
b.
The freshwater fracture pit shall be designed to look like a rural stock pond with slopes no greater than 4 to 1;
c.
Pits shall be maintained in a manner utilizing Best Management Practices to ensure the integrity of pit walls and liners. For purposes of this subsection, “Best Management Practices” shall mean structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to control water storage in open pits in an urban or rural setting;
d.
No oil and gas waste byproducts, salt water or other chemicals designed to kill fish or wildlife shall be allowed in the Freshwater Fracture Pit; and
e.
A sign shall be installed at a conspicuous place or places on the property near any right-of-way, street, road, or public thoroughfare. The sign shall provide the Operator’s phone number for additional information.
7.
The operator shall enter into a specific surface use agreement with the surface owner that provides for the maintenance and operation of the fracture pond when the pond is no longer under the control or use of the operator or that the operator will restore the property to its condition prior to the construction of the fracture pond. The agreement shall be provided to the City. The City shall be notified when the operator relinquishes control to the owner.
8.
Periodic environmental tests may be required by the City. All costs for testing shall be borne by the permit holder of the Freshwater Fracture Pit. All samples collected for testing shall be witnessed by the Gas Inspector or other designated City personnel.
6.20.33
Compressors
A.
Lift compressors.
Lift compressors are permitted provided that they meet all of the requirements of this Chapter, including the noise standards in Section 14.02.16 [Section 6.20.16] regardless of how long the compressor will be on-site. No permit holder may allow the use of a lift compressor for any off-site pipeline or well. The compressor location must be indicated on the gas well development plat. The Operator may administratively amend the development plat to indicate the addition of a compressor with the approval of the Mayor and the Planning and Zoning Chairperson. The Mayor or Chairperson may choose to send the amended development plat to the Planning & Zoning Commission and the City Council. The Operator must submit to the City a design of the on-site compressor, including any permanent sound baffling materials to maintain with the permit file.
B.
Line compressors.
Line compressors are prohibited within the City of Red Oak.
C.
Temporary Use.
Any lift compressor located on the drill site for a period of less than 90 days shall be considered a temporary compressor. All temporary uses shall require, at a minimum, the installation of a sound-baffling device (i.e. sound blankets) that completely surrounds the equipment. All temporary uses must meet the noise standards of this Chapter.
D.
Permanent Use.
Any lift compressor located on a drill site for a single period of ninety (90) days or more shall be considered a permanent use. Any compressor or combination of compressors that are on the well site for more than ninety (90) days in a calendar year will be considered a permanent use.
E.
Prior Notice.
The operator shall notify the City and gas inspector of the date a lift compressor is installed.
F.
Location.
A lift compressor shall be restricted to the operation site for which a gas well permit has been issued.
G.
Screening for Air Emissions and Noise Pollution.
All compressors of a permanent nature shall be surrounded by a permanent structure composed of four walls to protect residents from noise pollution and air emissions. All structures shall be designed in such a way that is compatible with a rural environment and shall be equipped with an LEL detector.
6.20.34
Cleanup and Maintenance
A.
Cleanup after Well Servicing.
After the well has been completed or plugged and abandoned, the operator shall clean the drill site or operation site, complete restoration activities and repair all damage to public property caused by such operations within thirty (30) calendar days.
B.
Cleanup After Spills, Leaks and Malfunctions.
After any discharge, leak or malfunction from any pit, pond, wellhead or other equipment, the operator shall remove or cause to be removed, to the satisfaction of the Fire Chief and the gas inspector, all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately. If the owner or operator fails to begin site cleanup within twenty-four (24) hours, the City shall have the right to contact the Railroad Commission in order to facilitate the removal of all waste materials from the property affected by such spill, leak or malfunction.
C.
Free from Debris.
The property on which a well site is located shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material within a radius of one hundred (100) feet around any separators, tanks and producing wells.
D.
Painting.
All production equipment shall be painted and maintained in good working order at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the gas inspector shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, to the extent allowed by the TCEQ, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other neutral colors approved by the gas inspector.
E.
Offense.
A person commits an offense if the person places, deposits or discharges or causes or permits to be placed, deposited or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse, wastewater, brine or hazardous substance from any production operation or the contents of any container used in connection with any production operation in, into or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property in the City.
6.20.35
Emergency Response Plans
A.
Emergency Response Plans and Incident Reporting.
No drilling or other production activity shall commence until an emergency response plan has been approved by the City.
B.
Requirements.
Each gas or oil well owner or operator shall maintain written procedures to minimize the hazards resulting from an emergency and shall provide a copy of these procedures to the City. These procedures shall include, at a minimum:
2.
Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency;
3.
The availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency;
4.
Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;
5.
Emergency shutdown of an oil or gas well and related site;
6.
The safe restoration of service and operations following an emergency or incident;
7.
A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.
8.
Any other emergency protection measures reasonably necessary to protect the general health, safety and welfare of the City.
C.
Annual Meeting.
Each oil or gas well owner or operator shall meet annually with representatives of the City of Red Oak to review and renew emergency response plans. These reviews shall be in accord with U.S. Department of Transportation and Railroad Commission requirements and the owner or operator will:
1.
Furnish or update a copy of the emergency response plan described in Subsection B;
2.
Review the responsibilities of each governmental organization in response to an emergency or incident;
3.
Review the capabilities of the pipeline owner or operator to respond to an emergency or incident;
4.
Identify the types of emergencies or incidents that will result in or require contacting the City; and
5.
Plan mutual activities that the City and the oil or gas well owner or operator can engage in to minimize risks associated with oil or gas well operation.
D.
Report of Emergency or Incident.
Upon discovery of a gas well emergency or incident, the following communications are to be initiated by the affected operators:
1.
A general description of the emergency or incident;
2.
The location of the emergency or incident;
3.
The name and telephone number of the person reporting the emergency or incident;
4.
The name of the gas well owner or operator;
5.
Whether or not any hazardous material is involved and identification of the hazardous material so involved;
6.
Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident;
7.
The oil or gas well owner or operator shall contact any other emergency response groups that are necessary that may not be activated through the Ellis County 911 system; and
8.
The oil or gas well owner or operator shall contact the Ellis County local emergency planning committee (LEPC) no later than one (1) hour after the discovery of any incident.
6.20.36
Periodic Reports
A.
Changes.
The operator shall notify the City of any changes to the following information within five working days after the change occurs:
1.
The name, address, and phone number of the operator.
2.
The name, physical and mailing addresses, and phone number of the person designated to receive notices from the City.
3.
The operator’s emergency response plan (including “drive-to maps” from public rights-of-way to each drill site).
4.
Any notifications made to state and/or federal agencies of accidental releases, upset conditions, leaks, or spills.
5.
Any other information required on the application by this Chapter.
B.
Phone Numbers.
The operator shall notify the City within one business day of any change to the name, address, and phone number answered twenty-four (24) hours a day of the person(s) with supervisory authority over drilling or operations activities.
C.
Incident Reports.
The operator shall provide the City with a copy of any “incident report” or written complaint submitted to the Railroad Commission within seven (7) days after the activity that resulted in the noncompliance with the requirements of this Chapter.
D.
Annual Reports.
Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the well has been abandoned and the site restored, the operator shall submit a written report to the City identifying any changes to the information that was included in the application for the applicable gas well permit that have not been previously reported to the City.
E.
Quarterly Inspections.
During each inspection conducted by the gas inspector pursuant to Section 14.04.05 [Section 6.20.06], the gas inspector shall insure that the operator is conducting operations in compliance with the gas well permit and the provisions of this Chapter and to verify the accuracy of the information reported.
F.
Fees.
The cost of each inspection and subsequent reinspection shall be borne by the operator. The inspection and reinspection fees shall set forth in the City’s fee schedule.
6.20.37
Amendment or Transfer of Permit
A.
Procedures.
An operator may submit an application for an amended gas well permit in accordance with the procedures set forth in Sections 14.04.07 through 14.04.10 [Sections 6.20.07 through 6.20.10]. An application for an amended gas well permit shall be reviewed and processed in the same manner as an application for a gas well permit.
B.
Transfer.
A well permit shall be transferred upon written notice by the operator to the City upon compliance with the following conditions:
1.
the transferee agrees to be bound by the terms and conditions of the current well permit and road repair agreement;
2.
all information previously provided to the City as part of the current well permit application is updated to reflect any changes;
3.
the transferee provides the insurance and security required by this Chapter and otherwise complies with all applicable ordinances and regulations; and
4.
the transferor is current in all of its financial obligations under this Chapter.
C.
Insurance and Security.
The insurance and security provided by the transferor shall be released provided, however, that the transfer shall not relieve the transferor from any liability to the City arising out of any activities conducted prior to the transfer.
6.20.38
Plugged and Abandoned Wells
A.
Surface Requirements for Plugged and Abandoned Well.
Whenever abandonment occurs pursuant to the requirements of the Railroad Commission, the Operator shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this chapter. The operator must restore the site to its original condition in accordance with the surface reclamation plan within thirty (30) days of the abandonment of the final well on a pad site. The gas well inspector may grant an extension of no more than an additional sixty (60) days.
B.
Surface Reclamation Plan.
Each operator must submit, as part of the Gas Well Permit application, a surface reclamation plan that must include information outlined in this subsection, in the degree of detail necessary to demonstrate that full site reclamation can be accomplished. For drilling permits issued prior to the adoption of this ordinance, a surface reclamation plan must be submitted to the City for administrative approval prior to any abandonment and must meet all of the requirements of the reclamation plan. The reclamation plan must include:
1.
Measures to be taken to restore property to allow use under the City’s Comprehensive Plan;
2.
The control of surface water drainage and of water accumulation and measures to be taken during the reclamation process to provide for the protection of quantity and quality of surface and groundwater systems;
3.
Testing for and, if necessary, cleaning up polluted surface and groundwater, including, but not limited to testing soil and water samples from around the site for chemicals associated with the drilling and production process both before a permit is issued and within 30 days following the completion of abandonment activities;
4.
Backfilling, soil stabilization, compacting, grading and appropriate revegetation;
5.
Soil reconstructions, replacement and stabilization;
6.
Configuration of the reshaped topography;
7.
Waste disposal;
8.
A plan for revegetation of affected lands;
9.
Road reclamation;
10.
Other practices necessary to ensure all disturbed areas will be reclaimed; and
11.
A notarized statement from the surface property owner identifying any facilities that the property owner desires to remain after the abandonment of the well.
C.
Approval.
Abandonment shall be approved by the gas inspector after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the City and/or Gas Inspector:
1.
The derrick and all appurtenant equipment thereto shall be removed from drill site;
2.
All tanks, towers, and other surface structures or installations shall be removed from the drill site;
3.
All concrete foundations, gravel, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Railroad Commission;
4.
All holes and depressions shall be filled with clean, compactable soil;
5.
All waste, refuse or waste material shall be removed from the drill site;
6.
A report from an independent lab indicating that tested water and soil samples measured from the down gradient side on the surrounding property are not contaminated with chemicals associated with the drilling and production process;
7.
During abandonment, the Operator shall comply with all applicable sections of this chapter; and
8.
A five (5) foot no-build easement around the center of the plugged and abandoned well bore shall be required and recorded in the deed records of Ellis County and filed with the City.
D.
Abandoned Well Requirement.
The Operator shall furnish the following to the Gas Inspector:
1.
A copy of the W-3A “Notice of Intention to Plug & Abandon” and “W-3 Plugging Record” forms on the same date these forms are submitted to the Railroad Commission;
2.
A 72-hour notice of intention to abandon under the provisions of this Section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated;
3.
All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings and cellars shall be cut and removed to a depth of at least three (3) feet below the surface. A permanent abandonment marker pipe, with the well identity and location permanently inscribed, shall be welded to the casing and shall be at least four (4) inches in diameter with a height of four (4) feet visible above the ground level.
E.
Abandonment Requirements Prior to New Construction.
All abandoned, closed or deserted wells or drill sites shall meet the most current abandonment requirements of the Railroad Commission and this chapter prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.
6.20.39
Prohibited Activities
The following activities are prohibited within the corporate limits of the City of Red Oak:
A.
The practice of land farming as defined by the Texas Railroad Commission Rule No. 3.8 as amended.
B.
The installation and/or the operation of saltwater disposal wells.
C.
The installation of line compressors or compressor stations.
D.
The practice of frac sand mining.
E.
The installation of cooling facilities.
F.
Air and pneumatic drilling activities.
G.
No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well.
6.20.40
Takings Determination
A.
Procedure.
An applicant who believes a taking under the Texas or United States Constitution or other law results or will result from an action taken by the City Council or any officer or employee of the City pursuant to this Chapter shall file an application with the City Council requesting a taking determination.
B.
Application.
The application shall state the reasons that the applicant believes would support a finding that the City’s actions would constitute a taking under the Texas or United States Constitution or other law and shall include evidence substantiating the purported diminution in value of the applicant’s real property.
C.
Fee.
The application shall be accompanied by a fee as established in the City’s fee schedule.
D.
Action on Application.
The City Council shall review the application and may grant the relief requested, or direct the City Manager to rescind action taken by a City employee that formed the basis of the application. If the City Council denies the application, or if, after a favorable determination, the City Council fails to take action as specified above, the applicant may appeal the decision or inaction of the City Council to the county or district court of the county in which the affected real property is located within thirty (30) days of the date that the Council issues its final decision.
6.20.41
Suspension or Revocation of Gas Well Permit
A.
Violation of Ordinance.
If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a gas well permit or this Chapter (including any requirement incorporated by reference as part of the gas well permit), the City Manager shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community.
B.
Cure Period.
The cure period shall be seven days unless the failure presents a risk of imminent destruction of property or injury to persons, a lapse or imminent lapse of required insurance or other required security, or unless the failure involves the operator’s failure to provide periodic reports as required by this Chapter. If the failure presents a risk of imminent destruction of property or injury to persons, a lapse or imminent lapse of required insurance or other required security, the City Manager may shorten the cure period, and may order the suspension of the gas well permit and the cessation of activities, or such other action as the City Manager deems advisable in order to preserve safety, property, and the City’s interests.
C.
Suspension or Revocation.
If the operator fails to correct the noncompliance within seven days from the date of the notice, or within such timeframe as specified in the notice, the City Manager may suspend or revoke the gas well permit pursuant to the provisions of this Chapter.
D.
No Operations Upon Suspension.
A person commits an offense if the person shall carry on any operations performed under the terms of the gas well permit issued under this Chapter during any period of any gas well permit suspension or revocation or pending a review of the decision or order of the City in suspending or revoking the gas well permit.
E.
Notice to Commission.
During any enforcement proceedings, the operator may make necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the gas well permit was ordered, or as required by the Commission or TCEQ. If the Operator does not cure the noncompliance within the time specified in this Chapter, the City Manager, upon written notice to the operator, may notify the Railroad Commission and request that the Railroad Commission take action to obtain compliance.
6.20.42
Appeal
A.
Appeal of Suspension or Revocation.
The City Council shall hear and determine appeals where it is alleged there is error or abuse of discretion regarding the revocation or suspension of any gas well permit issued by the City Manager.
B.
Procedure.
Any operator whose permit is suspended or revoked or whose well or equipment is deemed by the gas inspector to be abandoned may, within thirty (30) days of the date of the written decision of the gas inspector file an appeal to the City Council in accordance with the following procedure:
1.
An appeal shall be in writing and shall be filed in triplicate with the City. The grounds for appeal must be set forth specifically, and the error described, by the appellant.
2.
Within forty-five (45) days of receipt of the records, the City shall transmit all papers involved in the proceeding, place the matter on the City Council agenda for hearing and give notice by mail of the time, place and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need to be given.
3.
A fee shall be required for every appeal in the amount established by the City. In addition, the appellant shall reimburse the City for all legal and professional fees associated with the review of the appeal. The decision of the City Council shall be final and binding on the appellant.
6.20.43
Enforcement
The City Manager and its designees are authorized and directed to enforce the provisions of this Chapter and the provisions of any gas well permit.
6.20.44
Right of Entry
Whenever necessary to enforce any provision of this Chapter or a gas well permit, or whenever there is reasonable cause to believe there has been a violation of this Chapter or a gas well permit, the City Manager and its designees may enter upon any property covered by this Chapter or a gas well permit at any reasonable time to inspect or perform any duty requirement imposed by this Chapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry.
6.20.45
Penalty
A.
Offense.
A person commits an offense if the person:
1.
Engages in any activity not permitted by the terms of a gas well permit issued under this Chapter.
2.
Fails to comply with any of the terms and conditions set forth in a gas well permit issued under this Chapter.
3.
Fails to comply with any order or directive of either the City Manager and its designees sued in accordance with this Chapter.
4.
Refuses to permit access to a gas well development site or operation site to the City Manager or its designees or other authorized individual, upon request or as required under this Chapter.
5.
Violates any provision or requirement set forth under this Chapter.
6.
Fails to comply with any element or provision of a noise abatement plan, lighting plan, route map, emergency management plan, dust mitigation plan or waste management plan.
7.
Constructs, installs or maintains any equipment on a well development site or operation site in a manner that is not in compliance with the site plan approved by the City Council.
B.
Fine.
Any violation of this Chapter shall be punished by a fine of not more than $2,000.00 per day, subject to applicable State law. Each day that a violation exists shall constitute a separate offense.
C.
Injunctive Relief.
The City is authorized to enforce the provisions of this Chapter by bringing a civil action under Chapter 54 of the Texas Local Government Code.
D.
Violations of Section 14.04.15 [Section 6.20.15] or Maintaining Nuisance.
1.
The City recognizes that its ordinances must be consistent with of the Texas Health and Safety Code and the actions specified in this Section are adopted with the intent that they are consistent with The Texas Health and Safety Code and the TCEQ Rules.
2.
Any violation of this chapter is a criminal offense, subject to a fine of up to $2,000.00 per day; further, any violation is subject to a civil injunction and, where applicable, referral to the TCEQ.
(Ordinance 18-015 adopted 4/9/18)