§ 34-512. Gas well permit application and filing fees.

(A)

Every application for a gas well permit issued pursuant to this article shall be in writing signed by the operator, or some person duly authorized to sign on his behalf, and filed with the community services department.

(B)

Every application shall be accompanied by a permit fee in accordance with the Comprehensive Fee Schedule (see City Code of Ordinances, Appendix A Fee Schedule, Chapter 34) and the standard application fee for a specific use permit as listed on the planning division fee schedule. The application shall include the following minimum information:

(1)

The date of the application.

(2)

An accurate legal description of the lease property to be used for the operation site, the parcel and the production unit and name of the geologic formation as used by the Texas Railroad Commission. Property recorded by plat shall reference subdivision, block and lot numbers.

(3)

Map showing proposed transportation route and road(s) for equipment, chemicals or waste products used or produced by the gas operation. All vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on City of Farmers Branch arterials, collectors and local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated.

(4)

All existing transportation routes within the site shall be constructed following the requirements outlined by the city engineering and fire department.

(5)

Proposed well name and well depth.

(6)

Surface owner(s), telephone number(s), fax number(s), physical address(es), and e-mail address(es) of the lease property. Mineral lessee name and address.

(7)

Operator/applicant name, telephone number, fax number, physical address and e-mail address and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners.

(8)

Name, telephone number, fax number, physical address and e-mail address of the individual designated to receive notice.

(9)

Name and address of representatives or operator's agent with supervisory authority over all gas operation site activities and a 24-hour telephone number.

(10)

Location and description of all improvements and structures within 600 feet of the well. Such locations and descriptions shall be prepared by a registered professional surveyor.

(11)

A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities including, but not limited to, tanks, pipelines, compressors, separators and storage tanks or storage sheds. All site plans must include the following criteria:

a.

Site plans shall be submitted on a sheet size of 24" × 36".

b.

Property boundaries with dimensions and setback lines.

c.

Location of proposed buildings and structures indicating sizes in square feet.

d.

The location and intensity of exterior lighting fixtures.

e.

The location of mechanical equipment.

f.

The location of outside storage areas.

g.

Location and dimensions of points of ingress and egress to public streets.

h.

Location of designated parking, loading, and maneuvering areas.

i.

A separate landscape plan sheet showing the location, materials and dimensions of all screening improvements as required by section 34-521.

j.

On-site waste disposal locations.

k.

Location of all adjacent property lines, streets, easements on-site or immediately adjacent to the site.

l.

Names of the owners of property immediately adjacent to the operation site.

m.

City boundaries where applicable.

n.

Date the drawing was prepared with name, address, and phone number of preparer.

o.

Location, width and purpose of all existing easements.

p.

North arrow, at a maximum scale of 1:50 immediately adjacent to the operation site.

q.

All existing street names immediately adjacent to the operation site, with the proper hundred block designation shown.

r.

Dimensions of all adjacent existing rights-of-way.

s.

Title block identifying the gas well site location.

t.

Vicinity location map at 1" = 2000'.

u.

Zoning classifications or all properties shown on the site plan.

v.

Location of the 100-year flood limits where applicable.

w.

The X, Y, and Z (elevation) coordinates (NAD 83 Texas State Plane Coordinate System, North Central Texas FIPS 4202 (feet)) must be labeled for at least two of the perimeter corners.

x.

A drainage plan prepared in conformance to city criteria.

y.

Topographic information including contours of at least a two-foot interval or better.

z.

Any information the city may deem appropriate to permit the request.

(12)

Copies of all reports required by the Texas Railroad Commission, specifically including a copy of the approved Texas Railroad Commission Form W-1 and/or P-4.

(13)

A signed right-of-way maintenance and repair agreement supplied by the city that provides that the operator shall repair, at his own expense, any damage caused by any activity associated with the preparation, drilling, production and operation of well.

(14)

A description and location of all existing and future public utilities required during the drilling and site operations. An electricity usage plan showing the equipment to be powered, the amount of electricity needed, the sources of power (whether generator on-site or purchased from a retail electric provider), as well as the approximate location of lines, poles, generators, fuel tanks, and other apparatus necessary for electric power.

(15)

A description of the water source to be used during the drilling. All water used on the site must be purchased from the City of Farmers Branch at a rate not to exceed the posted city commercial rate or a local water source approved by the city. All gas wells within the city shall use a "closed mud or loop" system. No water wells on-site shall be allowed to be drilled or existing well used for gas well site use without approval by the city. The gas well operator/owner must provide the city public works department notice of at least two business days for any large water request for drilling or fracing. All used fracing water must be contained in closed tanks and removed from the city to an appropriate disposal site meeting all state and federal requirements.

(16)

A copy of the Stormwater Pollution Prevention Plan (SWPPP) as required by the Texas Railroad Commission, the Texas Commission on Environmental Quality (TCEQ), the United States Environmental Protection Agency (EPA), and/or the city. A copy of the TCEQ Notice of Intent (NOI) shall be submitted to the community services department at least three days prior to the commencement of any onsite activity.

(17)

A copy of the determination by the TCEQ of the depth of useable quality ground water. (A copy of the TCEQ Surface Casing Determination Letter will meet this requirement).

(18)

Evidence of insurance and security requirements as described in section 34-517.

(19)

A statement, under oath, signed by the operator or designated representative that the information submitted with the application is, to the best of his knowledge and belief of the operator or designated representative, true and correct.

(20)

All required application and permit fees.

(21)

A tree survey and preservation plan shall identify all trees that are six inches in caliper or larger on the site.

(22)

A copy of a hazardous materials management plan and additionally, all material safety data sheets (MSDS) for all hazardous materials that will be located, stored, transported and/or temporarily used on the drilling site shall be provided to the city manager or his designee and the fire department.

(23)

A copy of a spill prevention, control, and countermeasure plan; (SPCC) for the well site as required by 40 Code of Federal Regulations Part 112 that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge.

(24)

A copy of the operator's emergency response plan.

(25)

A copy of the specific use permit (SUP) allowing gas wells or a gas compressor station at this site.

(C)

Building permit required. After obtaining both a specific use permit (SUP) and a gas well permit, the owner/operator of the site is eligible to begin development of the gas well site provided all appropriate building, plumbing, and electrical permits have been also approved.

(1)

No building or structure regulated by the current code adopted by the city shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building inspections department.

(2)

It shall be the responsibility of any person, firm or corporation, upon submittal of an application for a building permit for work regulated by the current code adopted by the city, to register as a general contractor with the city. Work regulated includes, but is not limited to, construction of gates, fencing, plumbing, irrigation, electricity, roadways, entrances, compressors, flow lines, pipelines, gathering lines, tank batteries and buildings. Such registration shall be upon forms supplied by the building inspections department and shall become null and void on December 31 of each year. An appropriate fee for registration shall be assessed in accordance with the city fee schedule.

(3)

A subdivision plat may be required. Any subdivision of land must adhere to the general rules and regulations governing platting and subdivision within the jurisdiction of the City of Farmers Branch.

(Ord. No. 2946, § 2(Exh. A), 3-18-2008)