Chapter 58
NATURAL RESOURCES*
Article I. In General
Secs. 58-1– 58-30. Reserved.
Article II. Oil and Gas Wells and Pipelines
Division 1. Generally
Sec. 58-31. Definitions.
Sec. 58-32. Gas and oil wells prohibited in certain areas and locations.
Sec. 58-33. Use of public right-of-way prohibited.
Sec. 58-34. Compliance with statutes and rules and regulations.
Sec. 58-35. Drilling, completion, production and maintenance regulations.
Secs. 58-36– 58-55. Reserved.
Division 2. Gas and Oil Well Drilling Permit
Sec. 58-56. Drilling of gas or oil wells prohibited without permit; fees.
Sec. 58-57. Conditions precedent to the issuance of a drilling permit.
Sec. 58-58. Evidence required of applicants.
Secs. 58-59– 58-65. Reserved.
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Cross references: Environment, ch. 38; fees pertaining to natural resources, § 42-351 et seq.; vegetation, ch. 94.
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ARTICLE I.
IN GENERAL
Secs. 58-1– 58-30. Reserved.
ARTICLE II.
OIL AND GAS WELLS AND PIPELINES*
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Cross references: Businesses, ch. 22; environment, ch. 38.
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DIVISION 1. Sec. 58-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Gas well means any well drilled, to be drilled or used for the intended or actual production of natural gas.
Oil well means any well drilled, to be drilled, or used for the intended or actual production of liquid petroleum or petroleum products or for the intended or actual disposal of waste liquids including solutions and liquids containing solids in suspension, produced from any such well.
Owner of fee simple interest means the owner, in fee simple, of both the surface and all minerals in, under and upon the real property upon which any natural gas well or oil well is to be drilled under the terms of any permit as provided for by this article.
Permit means a drilling permit issued or sought to be issued under this article, authorizing the drilling of a natural gas or oil well.
Permittee means the owner, operator, or agent, to whom the drilling permit is being applied for and/or issued under this article, for the drilling of a natural gas or oil well.
Public right-of-way means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property, including the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways, or boulevards, or easements dedicated or acquired as public right-of-way, or public utility easements.
(Ord. No. 2389, § 1, 10-11-07)
Sec. 58-32. Gas and oil wells prohibited in certain areas and locations.
The drilling, completion or production of natural gas and oil wells within the city shall be entirely prohibited:
(1) At any place within a residential or commercial zone as provided by the zoning ordinance of the city, and/or within an area designated as future residential or commercial land use by the comprehensive plan, and any amendments thereto, of the city or county;
(2) Within 500 feet of any residence or business, commercial or industrial building;
(3) Within 250 feet of any property line separating properties under different ownership, unless by joint written and recorded agreement of the owners of properties on either side of such property line; or
(4) Within 250 feet of any public right-of-way.
(Ord. No. 2389, § 1, 10-11-07)
Sec. 58-33. Use of public right-of-way prohibited.
The use of public right-of-way by any owner, or operator, of a gas or oil well, other than the city, for the transmission of natural gas or oil and any related production liquids is prohibited.
(Ord. No. 2389, § 1, 10-11-07)
Sec. 58-34. Compliance with statutes and rules and regulations.
Any gas or oil well drilled, completed or produced under the terms of this article or any amendment thereto shall, in addition to compliance of the terms of this article, be drilled, completed, produced and operated in compliance with any state or federal law and in compliance with any applicable rule or regulation of either.
(Ord. No. 2389, § 1, 10-11-07)
Sec. 58-35. Drilling, completion, production and maintenance regulations.
The drilling, completion, production, maintenance and operation of a gas or oil well drilled under a permit issued under this article shall be conducted in compliance with the following rules and regulations, and any departure therefrom shall constitute a violation of this article:
(1) The gas or oil well shall be completed in compliance with the applicable rules and regulations of the state corporation commission.
(2) Adequate precautions shall be taken and necessary wellhead safety devices used at all times during the drilling, completion, production, repair and maintenance of the well.
(3) Drilling locations and equipment shall at all times during drilling, swabbing, repair or maintenance operations be fenced by either a temporary portable fence at least four feet in height or other comparable fencing equally protective.
(4) Upon completion of a gas well, the wellhead equipment shall be enclosed within a chain link or wire mesh fence eight feet in height supported by steel pipe or posts at least three inches in diameter set in concrete to a depth of at least 30 inches and spaced not to exceed ten feet from each other, and all gates shall be kept closed and locked at all times except when in active use by the applicant.
(5) The owner, operator, or permittee, pursuant to the terms of this article shall deposit in advance with the building official the estimated cost of relocation or temporary removal of any utility lines or facilities required in connection with the drilling, completion, maintenance, repair or operation of any such well.
(6) No natural gas produced from any well shall be saved, stored or confined in any holding tank or place or device of confinement.
(7) No gas produced from any gas well drilled or operated under the terms of this article shall be allowed to escape the confines of the well, the wellhead or transmission lines into the atmosphere and no flares or burning of gas shall be permitted. All gas wells shall include an odorization system to assist in the detection of a gas leak.
(8) At no time shall fluids of any kind or type be run into, stored or collected in earthen pits and during the period of drilling, completion, operation, repair or maintenance of any gas or oil well. The permittee shall provide watertight tanks or vessels to contain drilling mud, water, petroleum and all types of liquid or solid waste, the same to be regularly removed from the premises and disposed of in accordance with law and shall not permit the same to spill upon the ground or surface.
(9) Operations for the drilling, completion and equipping of any well to be drilled under the terms of this article shall be completed within a period of not to exceed 30 days from the date of commencement thereof and all drilling equipment, pulling and swabbing equipment removed on or before the expiration of such period.
(10) Operations with respect to the drilling, completion, equipping, repairing and maintenance of any well drilled under the terms of this article shall be conducted only between the hours of 8:00 a.m. and 5:00 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays.
(11) The building official and other agents of the city shall have the right at all times to go upon the permittee's premises for the purpose of inspecting any gas or oil well and determining compliance with or violation of the terms of this article upon notice and during operations hours.
(12) All production equipment, structures and the premises surrounding any well site shall at all times be maintained and kept in a clean, sanitary condition, free of debris and equipment not being immediately utilized in connection with production from said well shall be removed from the property.
(13) The owner, operator, or permittee shall renew such permit on a calendar year basis and pay an annual fee therefore to the building official in the sum established in section 42-351 and at the same time file insurance certificate renewals as required by section 58-57(1).
(Ord. No. 2389, § 1, 10-11-07)
Secs. 58-36– 58-55. Reserved.
DIVISION 2. Sec. 58-56. Drilling of gas or oil wells prohibited without permit; fees.
It shall be unlawful for any person to commence operations for the drilling, completion or production of a gas or oil well within the corporate limits of the city without first having lawfully obtained from the city a permit therefore pursuant to this article and any amendments thereto. The permittee shall file with the building official an application in writing on a form approved and prescribed by the city and shall at the time of such filing deposit with the building official a fee in the amount established in section 42-352(1) which shall be credited to the general operating fund. If the application be denied and no permit granted upon such application within 60 days from the date of such filing, the amount specified in section 42-352(2) shall be returned to the applicant and the balance of the deposit shall be retained by the city as an application fee to provide for the cost of the processing and investigation of such application and shall be credited to such fund.
GENERALLY
GAS AND OIL WELL DRILLING PERMIT