The purpose of this chapter is to provide, through zoning provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the residents of the City. Oil and gas exploration, drilling and extraction operations involve activities which are economically important and will impact the City. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the residents of the City. Local governments are preempted from regulating the same features of oil and gas well operations or accomplishing the same purposes regulated by the state under Idaho Code, §47-317. Local zoning can regulate surface land use as authorized under the local land use planning act, Idaho Code §67-6501 et seq.

For the purposes of this chapter, all terms used that are defined in the IDAPA regulations and are not defined in this chapter are defined as provided in the IDAPA regulations as of the effective date of this chapter. The following definitions shall apply unless the context clearly indicates or requires a different meaning:

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

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

DEPARTMENT: The Idaho Department of Lands.

DEVELOPMENT: Any work which actively promotes bringing in production.

FIELD: The general area underlaid by one or more pools.

GAS: Any petroleum hydrocarbon existing in the gaseous phase.

GEOPHYSICAL OR SEISMIC OPERATIONS: Any geophysical method performed on the surface of the land utilizing certain instruments operating under the laws of physics respecting vibration or sound to determine conditions below the surface of the earth which may contain oil or gas and inclusive of, but not limited to, the preliminary line survey, the acquisition of necessary permit, the selection and marking of shot hole locations, necessary clearing of vegetation, shot hole drilling, implantation of charge, placement of geophones, detonation and backfill of shot holes, and vibroseis.

OIL AND CRUDE OIL: Petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and are not the result of gas condensation before or after it leaves the reservoir.

OIL AND GAS: Oil or gas or both.

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

OIL AND GAS WELL SITE: A defined area of surface operations surrounding a proposed or existing oil and gas well or wells where an operator has disturbed or plans to disturb the land surface in order to locate an oil and gas well, and accessory structures and equipment necessary for drilling, completion, recompletion, work over, development and production activities.

OWNER: The person who has the right to drill into and produce from a pool and to appropriate the oil or gas that he produces either for himself or for himself and others.

PERSON: Any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representatives of any kind, and includes any government or any political subdivision of any agency thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.

POOL: An underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool.

PRODUCER: The owner of a well or wells capable of producing oil or gas or both.

RESERVOIR: A subsurface volume of porous and permeable rock in which oil or gas has accumulated.

ROAD REPAIR AGREEMENT: A written agreement between the owner/operator and the local highway jurisdiction obligating the operator to repair damage, excluding ordinary wear and tear, if any, to public streets, including, but not limited to, bridges, caused by the operator or its employees, agents, contractors, subcontractors or representatives in the performance of drilling or production of any wells authorized by the city or City.

ROADWAY: Any street, avenue, boulevard, road land, parkway, place, viaduct, easement for access, or other way which is an existing state, City, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way in a plat duly filed and recorded within the right of way boundaries whether improved or unimproved and may be comprised of pavement, shoulder, curbs, gutters, sidewalks, parking areas, and lawns.

1. Arterial Route: A general term including expressways, major and minor arterial streets; and interstate, state or City highways having regional continuity.
2. Collector Street: A street that provides for traffic movement within neighborhoods of the City and between major streets and local streets and for direct access to abutting property.
3. Local Street: A street that provides direct access to residential, commercial, industrial, or other abutting land for local traffic movements and connects to collector and/or arterial streets.

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

Subject to the provisions of this chapter, an oil or gas well site will be considered a permitted use within any zoning district(s), subject to the standards listed herein.

1. No oil or gas well site, or an addition to an existing oil or gas well site, shall be constructed or located within the City unless an oil or gas well permit subject to the provisions under this chapter has been issued by the City to the applicant approving the construction or preparation of the site for oil or gas development.
2. Each application shall be submitted with the fee established pursuant to resolution of the City as adopted. Such fee shall be reasonably related to the cost of administering this chapter.
3. Any modification to an existing and/or permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, shall require a modification of the permit under this chapter. Like-kind replacements shall not require a permit modification.
4. Wells that were permitted and constructed prior to the adoption of this chapter shall not be required to meet the requirements of this chapter. Any modification to an existing or permitted oil or gas well site that occurs after the effective date hereof and materially alters the size, type, location, number of wells and other accessory equipment or structures, shall require compliance with this chapter.
5. Upon receiving notice from the Department that an application has been submitted, the City will publish a summary of the proposal in the official newspaper or paper of general circulation within the jurisdiction that an application for a new oil and gas well has been filed with the City. The City will also mail such summary to property owners within three hundred feet of the well site and post such summary on the well site property. The notice is for informational purposes only and will not solicit any public comments on the application.
6. An oil or gas well permit shall not be required for exploration for oil or gas. Exploration of oil and gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
7. If an applicant does not conduct said business for a period of one year, the oil and gas well permit shall be null and void. Permits issued under this chapter shall not be transferable to any other applicant, except by a majority vote of the City Council, and the filing of an application by the applicant to whom such license is, or may be, transferred or assigned.

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

1. A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled including department permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known.
2. The address of the oil or gas well site and a legal description of the parcel as determined by the City and information needed to gain access to the well site in the event of an emergency.
3. The contact information of the individual or individuals responsible for the operations and activities at the oil or gas well site shall be provided to the City and all applicable emergency responders as determined by the City. Such information shall include a phone number where such individual or individuals can be contacted twenty four (24) hours per day, three hundred sixty five (365) days a year. The responsible individual or individuals shall have immediate access to a current list of all chemicals and hazardous materials on site. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the City and all applicable emergency responders as determined by the City.
4. A scaled site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures, and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site.
5. A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals, and other materials used in the siting, drilling, construction, maintenance, and operation of the oil or gas well site.
6. The applicant will make the operation's spill prevention, control, and countermeasures (SPCC) plan available to the City and all emergency responders at least twenty one (21) days prior to drilling of an oil or gas well and notify the City of any changes to the plan thereafter.
7. An appropriate site orientation for all applicable emergency responders as determined by the City. The cost and expense of the orientation shall be the sole responsibility of the applicant. If multiple wells/well sites are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a site orientation was offered in the last twelve (12) months shall be accepted.
8. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts on public health, public safety, public order or which prevent harm to public infrastructure or degradation of the value, use, and enjoyment of private property shall be provided to the City.
9. The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of no less than three million dollars ($3,000,000.00) per occurrence with an aggregate of five million dollars ($5,000,000.00). The policy shall be written by a company authorized to do business in the state of Idaho. The certificate shall require at least thirty (30) days' notice to the City prior to termination of coverage for any reason.

1. Within ten (10) business days after receipt of a permit application, the City will determine whether the application is complete and advise the applicant accordingly.
2. If the application is complete and fulfills the requirements of this chapter, the City will issue a permit within twenty one (21) days following the date the complete application was submitted.
3. If the application is incomplete or does not fulfill the requirements of this chapter, the City will notify the applicant of the missing and/or inadequate material and, upon receiving said material, shall issue the permit within twenty one (21) days following the date the complete application was submitted.
4. As a condition of permit approval, applicant shall provide all permits and plans from the department and all other appropriate regulatory agencies within twenty one (21) days of receipt of such permits and plans.
5. If temporary housing for well site workers is proposed on the well site, a plan showing the number and location of the units shall be provided to the City. Temporary housing plans shall be in compliance with all applicable City regulations.

1. Access:
   1. Vehicular access to a natural gas well, oil well or drilling site solely via a local street is discouraged unless it can be proven that the only viable vehicular access to the well site is via the local route. The use of collector streets is preferred.
   2. The City roadway standards and development procedures pertaining to minimum traffic sight distances for all access points shall be adhered to.
   3. Access directly to state roads from a well site may require an Idaho Transportation Department (ITD) approach permit. Prior to initiating any work at a drill site, the City shall be provided a copy of any required approach permit.
   4. Access directly to City local streets shall require a City road development, replacement or repair agreement prior to initiating any work at a well site. Operator shall comply with any generally applicable bonding and permitting requirements for City roads that are to be used by vehicles for site construction, drilling activities and site operations.
2. Height:
   1. There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or re-drilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or re-drilling of an oil or gas well or pad drilling.
3. Setbacks/Location:
   1. Setback distances shall, at minimum, follow requirements listed in the Department Rules Governing Oil and Gas Conservation.
      
      Setback distances shall be a minimum of two hundred feet (200') from the residence of the mineral interest owner and a minimum of two hundred feet (200') from the property line, unless stated otherwise in a written agreement signed by all affected parties, including adjacent landowners affected by the reduction of the setback.
   2. Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with the City residents' enjoyment of their property and future City development activities as authorized by the City's applicable ordinances.
   3. Exception from the standards established in this subsection may be granted by the City upon good cause by the operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exception.
4. Screening and Fencing:
   1. Security fencing shall not be required at oil or gas well sites during the initial drilling, or re-drilling operations, as long as manned 24-hour on-site supervision and security are provided.
      
      Security fencing may be required when hazardous materials are stored on site for a period in excess of fourteen (14) days.
   2. Upon completion of drilling or re-drilling in Residential or Commercial Zones, security fencing consisting of a permanent chain link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
      
      The City may use its discretion to determine whether fencing requirements shall be enforced for wellheads, storage tanks, and other mechanical and production equipment and structures on the oil or gas well site.
   3. Security fencing shall be at least six feet (6') in height, equipped with lockable gates at every access point and have an opening not less than twelve feet (12') wide. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary.
5. Warning Signs: Warning signs shall be placed on the oil or gas well site, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
6. Preservation of Natural Surroundings: During construction of oil or gas well sites, the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible. Reforestation/re-vegetation of the well site will be provided by the owner/operator as required by rules governing oil and gas conservation.
7. Lighting: Lighting at the oil or gas well site either temporary or permanent shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and adjacent properties.
8. Noise: The City recognizes that oil and gas development is accompanied by inherent noise. However, the operator shall consider, to the extent possible, mitigation of noise resulting from the oil and gas well development.
9. Dust Control: Operator shall control fugitive dust arising from operations. Operator shall dustproof work area by sprinkling with water where necessary.
10. Weed/Debris Control: The site shall be kept in a clean condition, free from weeds, debris and rubbish of every character. The well site should remain vegetation free.
11. Work Hours. Site development, other than drilling is to be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck deliveries of equipment and materials associated with drilling and, well servicing, site preparation and other related work conducted on the site shall be limited to the above same work hour restrictions except in cases of an emergency. The operator may request an exception to this section for good cause shown.

(Ord. 602, Enacted, 6/10/14)