§ 64-7. Permit classifications.

(a)

High impact gas well permit.

(1)

Generally. High impact gas well permit shall be required if the proposed well is to be located within six hundred (600) feet of residence, religious institution, public building, hospital building, school, or public park. This provision applies to any residence, religious institution, public building, hospital building, school, or public park which a building permit has been issued on the date the application for a permit is filed with the gas inspector.

For the purpose of a high impact gas well permit the measurement of the six hundred (600) distance shall be made from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building or to the property line of a park.

(2)

Application requirements. An application for a high impact gas well permit shall include the following information:

a.

All the requirements of section 64-6 of this article;

b.

A detailed site plan that includes all the information required in section 64-6, but also includes specific details to the projected location of the major components of the drilling site, impacted vegetation, creeks, and other topographic features, adjacent building and other structures, and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscaping.

(3)

Permitting procedure.

a.

Within forty-five (45) days of receipt of a complete application, the gas inspector shall place the matter on the city council agenda for a public hearing and give notice by mail of the time, place, and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The forty-five-day period shall not begin to run until the applicant/operator has provided the gas inspector with a complete application package.

b.

At least twenty (20) days, and no more than thirty (30) days prior to the date of the public hearing before the city council for a high impact gas well permit under this article, operator shall notify, at operator's expense, each surface owner of property, as shown by the current tax roll, within six hundred (600) feet of the proposed well not owned by or under lease to the operator and the hearing date and time. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. The operator shall file an affidavit with the gas inspector showing the name and last known address, as identified by the current tax roll, of each owner of property to whom notice was mailed and the names of each owner of property to whom notice is required to be given, but whose address is unknown. Notice shall be sent to all registered neighborhood associations within one-half (½) mile of the proposed drill site.

c.

At least fifteen (15) days, and no more than twenty (20) days prior to the date of the public hearing before city council for a high impact gas well permit under this article, operator shall publish a copy of the notice as outlined below, at operator's expense, in one (1) issue of a daily newspaper of the city for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. The notice shall read as follows:

"Notice is hereby given that, acting under and pursuant to the ordinances of the City of Irving, Texas, on the _______ day of _______, 20_____, ______________ filed with the gas inspector of the City of Irving, an application for a high impact gas well permit to drill, complete, and operate a well for gas upon property located at ______________, Irving, Dallas County, Texas, more particularly shown on the map of record in Volume _______, Page _______, Plat Records of ______________ County, Texas, or per Tax Tract Number _____, _______ County, Texas. The City Council will conduct a public hearing on the request for said permit on the _______ day of _______, 20_____ at _______ o'clock _____.m. in the City Council Chambers located at 825 West Irving Boulevard, Irving, Texas."

d.

At least twenty (20) days prior to the date of the public hearing before city council for a high impact gas well permit under this article the operator shall, at operator's expense, erect at least one (1) sign, no less than three (3) feet by three (3) feet, upon the premises upon which a high impact 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 any right-of-way, street, roadway, or public thoroughfare adjacent to such property.

1.

The sign(s) shall substantially indicate that a high impact gas well permit to drill for gas has been requested and state the date, time, and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number 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 article.

3.

Any sign(s) shall be removed subsequent to final action by the city council.

e.

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

f.

After a high impact permit application is submitted, the gas inspector shall evaluate the public impact of the proposed activity. The gas inspector shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening, and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing.

g.

At the public hearing and before the city council considers the merits of the application and the recommendations of the gas inspector, the applicant/operator shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, that timely actual notice of the hearing was given to all persons as required by this article and that the applicant/operator has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.

h.

The burden of proof on all matters considered in the hearing shall be upon the applicant/operator.

i.

The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a high impact gas well permit:

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 high impact gas well permit conditions to be imposed;

5.

Whether there is adequate access for the city fire personnel and fire fighting equipment; and

6.

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:

(i)

The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and

(ii)

The availability of alternative drill sites.

7.

The recommendations of the gas inspector.

j.

The city council may require an increase in the distance the well is setback from any residence, religious institution, public building, hospital building, school, or public park, or require any change in operation, plan, design, layout, or any change in the onsite and technical regulations in section 64-12 of this chapter, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.

k.

The city council may accept, reject or modify the application in the interest of securing compliance with this chapter, the city code, and/or to protect the health, safety, and welfare of the community.

(4)

Well setbacks for high impact gas well permit. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located within three hundred (300) feet from any public park (unless prior consent is obtained from the city council to drill in a public park pursuant to subsection 64-5(i)) or from any residence, religious institution, public building, hospital building, or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the gas inspector. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.

This setback distance may be reduced by the city council to less than three hundred (300) feet from residence, religious institution, public building, hospital building, school, or public park only when there is the unanimous consent of the property owners within a three hundred-foot radius around said well and the affirmative vote of not less than three-fourths (¾) of all the members of the city council. For protection of the public health, safety, and welfare, the city council may impose additional requirements for a reduction of such distance.

Tank batteries, well facilities, and equipment shall be located at least one hundred (100) feet from any public park (unless prior consent is obtained from the city council to drill in a public park pursuant to subsection 64-5(i)) or from any residence, religious institution, public building, hospital building, or school for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities, and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building.

(5)

Fencing for high impact gas well permit.

a.

A coated chain link fence colored green, black, or brown, a minimum of eight (8) feet in height shall enclose all completed wells and tanks located within a high impact gas well permit area. The city council may require screening with a masonry wall or other type of screening depending on the visual impact of the location proposed.

b.

Gates requirements and other fencing requirements as outlined in section 64-13 of this chapter shall also be required.

(6)

Landscaping. Landscaping and irrigation shall be required along all street frontages of the well site with suitable screening shrubs that complement the architectural character of the surrounding neighborhood. Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be a minimum of three (3) feet in height at planting, have the potential to grow to a mature height of a minimum of six (6) feet and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the gas inspector for approval.

(7)

Vehicle routes for high impact gas well permit. Vehicles associated with drilling and/or production in excess of three (3) tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the city code wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the city council for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.

(8)

Work hours for high impact gas well permit. Site development, other than drilling, shall be conducted only between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation, and other related work conducted on the well site shall be limited to between the hours of 6:00 a.m. to 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production.

(9)

Noise restrictions for high impact gas well permit.

a.

No drilling, producing, or other operations shall produce a sound level greater than seventy-eight (78) dB(a) when measured at a distance of three hundred (300) feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions, four (4) feet above ground level, when measured at a distance of three hundred (300) feet from the production equipment. A maximum sound level of eighty-five (85) dB(a) shall apply to formation fracturing when measured at a distance of three hundred (300) feet from the production equipment in question.

b.

No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor, or motor-driven machinery of any type which creates a sound level greater than sixty-five (65) dB(a) when measured at a distance of three hundred (300) feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions measured at a distance of three hundred (300) feet from the well site.

c.

Sound level measurements shall be made with a sound level meter conforming as a minimum, to the requirements of the American National Standards Institute.

d.

If sound levels exceed the dB(a) levels cited in (1) and (2) of this subsection, the gas inspector may require sound reducing mufflers.

(10)

Tank specifications for high impact gas well permit. 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. The top of the tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from any public right-of-way or property line.

(11)

Fluid disposal for high impact gas well permit. Fluids, including but not limited to, return flows from well fracturing operations, shall not be stored in open pits on site, but shall be immediately trucked away from the site and disposed in a closed loop system in accordance with the requirements of the law relating to the fluid and the materials within the fluid. If the fluids meet the requirements for discharge into the sanitary sewer system, and the director of water utilities approves with due consideration to the abilities of the system to handle such discharges and the ability to monitor such discharges, appropriate fluids may be disposed in the sanitary sewer system.

(12)

Water for high impact gas well permit. Operator shall purchase water to be used at the site from the city unless such purchase is waived by the director of water utilities, such waiver being based on due consideration of the needs of other system users, the time of the year, and whether water use restrictions are in place or reasonably imminent.

(13)

All other provisions outlined in this chapter shall be required.

(b)

Urban gas well permit.

(1)

Generally. An urban gas well permit shall be required for all wells not included within the definition of a high impact gas well permit.

(2)

Permitting procedure.

a.

Within forty-five (45) days of receipt of a complete application, the gas inspector shall place the matter on the city council agenda for a public hearing and give notice by mail of the time, place, and purpose thereof to the applicant and any other party who has requested in writing to be so notified. The forty-five-day period shall not begin to run until the applicant/operator has provided the gas inspector with a complete application package.

b.

At least twenty (20) days, and no more than thirty (30) days prior to the date of the public hearing before the city council for an urban gas well permit under this article, operator shall notify, at operator's expense, each surface owner of property, as shown by the current tax roll, within six hundred (600) feet of the proposed well not owned by or under lease to the operator and the hearing date and time. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail. The operator shall file an affidavit with the gas inspector showing the name and last known address, as identified by the current tax roll, of each owner of property to whom notice was mailed and the names of each owner of property to whom notice is required to be given, but whose address is unknown. Notice shall be sent to all registered neighborhood associations within one-half (½) mile of the proposed drill site.

c.

At least fifteen (15) days, and no more than twenty (20) days prior to the date of the public hearing before city council for an urban gas well permit under this article, operator shall publish a copy of the notice as outlined below, at operator's expense, in one (1) issue of a daily newspaper of the city for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. The notice shall read as follows:

"Notice is hereby given that, acting under and pursuant to the ordinances of the City of Irving, Texas, on the _______ day of _______, 20_____, ______________ filed with the gas inspector of the City of Irving, an application for an urban gas well permit to drill, complete, and operate a well for gas upon property located at ______________, Irving, Dallas County, Texas, more particularly shown on the map of record in Volume _____, Page _____, Plat Records of _______ County, Texas, or per Tax Tract Number _______, _______ County, Texas. The City Council will conduct a public hearing on the request for said permit on the _______ day of _______, 20_____ at _____ o'clock _____.m. in the City Council Chambers located at 825 West Irving Boulevard, Irving, Texas."

d.

At least twenty (20) days prior to the date of the public hearing before city council for an urban gas well permit under this article the operator shall, at operator's expense, erect at least one (1) sign, no less than three (3) feet by three (3) feet, upon the premises upon which an urban 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 any right-of-way, street, roadway, or public thoroughfare adjacent to such property.

1.

The sign(s) shall substantially indicate that an urban gas well permit to drill for gas has been requested and state the date, time, and place of the public hearing, and shall further set forth that additional information can be acquired by telephoning the applicant/operator at the number 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 article.

3.

Any sign(s) shall be removed subsequent to final action by the city council.

e.

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

f.

After an urban permit application is submitted, the gas inspector shall evaluate the public impact of the proposed activity. The gas inspector shall consider the proposed site and the proposed operations or drilling program and shall draft recommended restrictions or conditions, including minimum separation distance for drilling or other operations, special safety equipment and procedures, recommended noise reduction levels, screening, and any other requirements the gas inspector deems appropriate. The recommendation shall be submitted to the city council for consideration prior to the public hearing.

g.

At the public hearing and before the city council considers the merits of the application and the recommendations of the gas inspector, the applicant/operator shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, that timely actual notice of the hearing was given to all persons as required by this article and that the applicant/operator has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.

h.

The burden of proof on all matters considered in the hearing shall be upon the applicant/operator.

i.

The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant an urban gas well permit:

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 high impact gas well permit conditions to be imposed;

5.

Whether there is adequate access for the city fire personnel and fire fighting equipment; and

6.

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:

(i)

The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and

(ii)

The availability of alternative drill sites.

7.

The recommendations of the gas inspector.

j.

The city council may require an increase in the distance the well is setback from any residence, religious institution, public building, hospital building, school, or public park, or require any change in operation, plan, design, layout, or any change in the onsite and technical regulations in section 64-12 of this chapter, including fencing, screening, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest.

k.

The city council may accept, reject or modify the application in the interest of securing compliance with this chapter, the city code, and/or to protect the health, safety, and welfare of the community.

(3)

Fencing for urban gas well permit.

a.

A chain link fence, a minimum of eight (8) feet in height with three and one-half (3½) inch mesh shall enclose all completed wells and tanks located within an urban gas well permit area. The city council may require screening with a masonry wall or other type of screening depending on the visual impact of the location proposed.

b.

Gate and fencing requirements as outlined in section 64-13 of this chapter shall also be required.

(4)

Vehicle routes for urban area gas well permit. Vehicles associated with drilling and/or production rated in excess of three (3) tons shall be restricted to such streets designated as either truck routes or commercial delivery routes by the director of public works and transportation wherever capable of being used. The vehicles shall be operated on a truck route wherever capable of being used; they shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purpose for which such vehicle is then being operated. Commercial delivery route means any street or highway so designated by the director of public works and transportation for the use by any commercial motor vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof.

(5)

Noise restrictions for urban gas well permit.

a.

No drilling, producing, or other operations shall produce a sound level greater than eighty-five (85) dB(a) when measured at a distance of three hundred (300) feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions, four (4) feet above ground level, measured at a distance of three hundred (300) feet from the production equipment. A maximum sound level of ninety (90) dB(a) shall apply to formation fracturing when measured at a distance of three hundred (300) feet from the production equipment in question.

b.

No person shall operate or permit to be operated in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than seventy-eight (78) dB(a) when measured at a distance of three hundred (300) feet from the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four (4) or more diametrically opposite positions measured at a distance of three hundred (300) feet from the well site.

c.

Sound level measurements shall be made with a sound level meter conforming, as a minimum, to the requirements of the American National Standards Institute.

d.

If sound levels exceed the dB(a) levels cited in a. and b. of this subsection, the gas inspector may require sound reducing mufflers.

(6)

Tank specifications for urban gas well permit. 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. The top of the tanks shall be no higher than twelve (12) feet above the terrain surrounding the tanks. All tanks shall be set back pursuant to the standards of the commission and the National Fire Protection Association, but in all cases, shall be at least twenty-five (25) feet from any public right-of-way or property line.

(7)

Work hours for urban gas well permit. Site development, other than drilling, shall be conducted only between 6:00 a.m. and 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation, and other related work conducted on the well site shall be limited to between the hours of 6:00 a.m. to 9:00 p.m. on weekdays, and from 7:00 a.m. to 8:00 p.m. on weekends except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production.

(8)

All other provisions outlined in this chapter shall be required.

(Ord. No. 8580, § 1, 12-1-05; Ord. No. 8591, § 1, 1-12-06)