O456ORDINANCE NO, 456
AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY CODE (1991),
AS AMENDED, BY AMENDING REGULATIONS GOVERNING OIL AND GAS WELL
DRILLING, OPERATIONS AND PRODUCTION; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council previously adopted regulations governing the exploration, drilling
and production of hydrocarbons within the City; and
WHEREAS, The City Council now desires to amend said regulations and to the extent that this
Ordinance governs any facility governed by the Pipeline Safety Act ( "PSK) it is the Council's
express intent that those regulations are only intended to govern aesthetics; and
WHEREAS, public hearings were held by the Planning and Zoning Commission of the City of
Kennedale, Texas, on May 20, 2010, and by the City Council of the City of Kennedale, Texas,
on June 10, 2010, with respect to the amendments described herein; and
WHEREAS, all requirements of law dealing with notice and publication and all procedural
requirements have been complied with in accordance with the Comprehensive Zoning
Ordinance and Chapter 211 of the Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Section 17- 426(b) of the Kennedale City Code is hereby amended by adding new
definitions for "Completion of drilling ", "Compressor," "Compressor station," "Environmentally
sensitive area," and "Habitable structure," amending the definition of "Drill site," "Planned
Flaring ", "Unplanned Flaring" amending the spelling of "fire marshall ", which shall each read
as follows;
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City staff: Employees and independent contractors performing services for the City of
Kennedale, including but not limited to the fire marshal.
Completion of drilling: the date the work is completed for the drilling and the crew is released by
completing their work or contract or by their employer.
Compressor: A device designed to increase the pressure of a compressible fluid in order to lift
gas from the well.
Compressor station: A device or facility designed to increase the pressure of a compressible
fluid in order for the gas to be transported through a pipeline over long distances.
Orill site: The area used for drilling, development, production, or reworking a well or wells
located there and subsequent life of a well or wells or the area used for any and all operational
activities associated with drilling, development, production or reworking of an oil or gas well.
Environmentally sensitive area : Steep slope areas, areas with highly erodible soils, floodplains
and flood -prone areas, wetlands, fish and wildlife habitat conservation areas, or other areas the
City considers to be of special environmental concern.
Habitable structure: a structure for which a certificate of occupancy is required. A habitable
structure shall not include detached accessory buildings, garages, and sheds, except that
accessory buildings used for home occupations shall be considered habitable structures.
Planned Flaring: a flaring operation that constitutes a designed and planned process at a
source, and which would have been reasonably foreseen ahead of its actual occurrence, or is
scheduled to occur.
Unplanned Flaring. a flaring event that is not planned or scheduled to occur. An emergency
event is an example of an unplanned event.
SECTION 2.
Section 17- 426(c) of the Kennedale City Code is hereby amended to read as follows:
(c) Oil and gas well drilling and production by special exception.
The drilling and production of oil and gas within the corporate limits of the city shall be permitted
by special exception, which shall be subject to the following:
(1) The application for the special exception shall be in accordance with the provisions of
sections 17 -422 and 17 -430 hereof.
(2) No drilling, production, compressors, compressor station or gathering station shall be
permitted within the floodway or 500 -year floodplain as defined by FEMA or within six
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hundred (800) feet of any cultural, historic or archeological resources, or groundwater
recharge areas; or environmentally sensitive areas excluding floodplain or floodways; or
within six hundred (800) feet of any habitable structure or public building, institution, park,
school, or commercial building, for which a building permit has been issued on or before the
date the application for a drilling permit is filed with the city; provided, however, that drilling
shall be permitted as close as three hundred (300) feet if all affected property owners agree
in writing. The distance shall be calculated from the well bore, in a straight line, without
regard to intervening structures or objects, to the primary structure of the protected use or
park boundary.
No drilling, production, compressor, compressor station, or gathering station shall be
permitted within three hundred (300) feet of a neighboring property line unless all affected
property owners agree in writing. If eighty (80) percent of affected property owners agree in
writing to permit drilling as close as 300 feet or within 300 feet of a neighboring property line,
then the operator may apply to the Board of Adjustment for a special exception from the
requirement that all affected property owners must agree in writing. When four (4) or fewer
waivers are required, if all but one (1) property owners agree in writing to permit drilling or
production within the reduced distance, then the operator may apply to the Board of
Adjustment for a special exception from the requirement that all affected property owners
must agree in writing.
No drilling or production site or compressor station shall be permitted within four thousand
five hundred (4500) feet of an existing drill site or compressor station, except that existing
pad sites may be expanded so that different operators may share space at the same pad
site ( "co- location "). Co- locations must have a common drive, common sound walls, and
commons screening.
(3) A development site plan in accordance with the provisions set forth herein.
(4) An approved road repair agreement in accordance with the provisions set forth herein.
(5) An oil and gas permit application shall be filed with the city concurrently with the
request for a special exception; provided, however, that the city shall not be required to
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consider the oil and gas permit application unless and until a special exception is granted by
the zoning Board of Adjustment.
(6) If drilling is not commenced on at least one well covered by the special exception for oil
or gas drilling or production within two years from the date of issuance, the special exception
shall expire. The Board of Adjustment may establish a lesser expiration timeline at the time
of issuance of the special exception. if an extension is desired but drilling has not
commenced, the operator(s) shall submit to the Board of Adjustment an application to
extend the special exception before the expiration of the special exception
(7) The special exceptions required by this ordinance are in addition to and are not in lieu of
any permit, exception, variance, or other requirements that may be required by any other
provision of the city code or by any other governmental agency.
SECTION 3.
Section 17- 426(c -1) of the Kennedale City Code is hereby amended to read as follows:
(o-1) Gathering stations and compressor stations by special exception.
(1) Within the city, the establishment and operation of a gathering station or a compressor
station, whether in conjunction with a gas well or as an independent operation, shall only be
permitted by special exception in accordance with sections 17 -422 and 17 -430 hereof. A
special exception for a gathering station shall not be granted unless the Board of Adjustment
is satisfied that the gathering station will comply with all terms of this Ordinance and will not
cause an undue burden on the City or its residents.
(2) A site plan is required with the special exception application and must at a minimum,
identify the location of the gathering station and all associated facilities, including all existing
and planned pipelines, all driveway and vehicle parking areas and shall include the
minimum detail required in subsection 17- 418(e)(3) hereof, where applicable. The special
exception application shall also include copies of federal and state permits demonstrating
compliance with all applicable pipeline integrity and safety standards, including adherence to
applicable Environmental Protection Agency, U.S. Department of Transportation, and Texas
Railroad Commission regulations governing risk management.
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(3) Gathering stations shall be subject to the following on -site operation requirements:
a. No gathering station shall be permitted within the floodway or 500 -year floodplain as
defined by FEMA or within two thousand (2000) feet of any cultural, historic or
archeological resources, or groundwater recharge areas, or environmentally sensitive
areas, excluding floodplain and floodways; or within two thousand (2000) feet of any
habitable structure or public building, institution, park, school, or commercial building for
which a building permit has been issued on or before the date the application for a drilling
permit is fled with the inspector, provided, however, that this minimum setback may be
reduced to one thousand (1000) feet if all affected property owners agree in writing. No
gathering station shall be permitted closer than one thousand (9000) feet to a neighboring
property line unless all affected property owners agree in writing. If eighty (80) percent of
affected property owners agree in writing to permit a gathering station as close as one
thousand (1000) feet, then the operator may apply to the Board of Adjustment for a special
exception from the requirement that all affected property owners must agree in writing.
When four (4) or fewer waivers are required, if all but one (1) property owners agree in
writing to permit a gathering station within the reduced distance, then the operator may
apply to the Board of Adjustment for a special exception from the requirement that all
affected property owners must agree in writing.
b. No gathering station shall be located within two hundred (200) feet of a railroad right -
of -way.
c. Construction of the gathering station shall comply with the erosion control regulations
set forth in the city's stormwater pollution prevention plan.
d. No gathering station shall be permitted in a floodplain or floodway.
e. There shall be a locked entrance gate to the gathering station site. The entrance gate
shall be fire accessible with a knox box rapid entry system.
f. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four -inch lettering shall be posted at the entrance of each gathering station
site. The sign shall include the phone number for emergency services (9 -1 -1), the name
and phone number for the owner /operator in three -inch lettering. In addition, if the special
exception is approved, a case number shall be assigned to the approved operation and
such number must be displayed on the sign in a minimum of three -inch lettering.
g. All facilities used for parking, loading, unloading, driveways and all other vehicular
access, including private roads or driveways, shall be constructed and maintained in
compliance with the City of Kennedale Public Works Design Manual and must meets all
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minimum fire code requirements, provided that the drive approach from the street be
constructed of concrete. The surface for such facilities and drive approach must always be
maintained in good condition and repair.
h. The equipment and facilities at a gathering station site must be enclosed, individually
or collectively, in accordance with the requirements of subsection 17- 426(n)(2), hereof.
i. Compliance with the requirements set forth in subsection 17- 426(n)(5) - -(9), as they
relate to the gathering station site.
(4) Gathering stations shall be subject to the operation and equipment practices and
standards set forth in subsections 17- 426(o)(1) - -(4 5) and (7 8) and subsection 17- 426(r)(7)
in the same manner as they apply to an operation site.
(5) The city shall inspect each gathering station site for compliance with all applicable
regulations of the state and city ordinances. An annual inspection fee as established in the
city's fee ordinance shall be paid by the owner of the gathering station to the city.
(6) Gathering stations shall be operated in compliance with all applicable federal, state,
and local law. All applicable construction permits shall be obtained prior to development of
the site.
SECTION 4.
Section 17- 426(d) of the Kennedale City Code is hereby amended by adding
subsections (4), (5), and (6), which shall read as follows:
(4) Oil and gas well permits shall automatically expire three hundred sixty five (365) days
from the date of the issuance of the oil or gas well permit if no drilling has commenced or as
stipulated in the special exception, whichever occurs first.
(5)The permits required by this ordinance are in addition to and are not in lieu of any permit,
exception, variance, or other requirements that may be required by any other provision of
the city code or by any other governmental agency.
(6) No oil or gas well permit shall be issued for any well to be drilled within any of the
streets or alleys of the city and/or streets or alleys shown by the comprehensive land use
plan, and no street shall be blocked or encumbered or closed due to any exploration,
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drilling, or production activities unless prior consent is obtained from the city, and then only
temporarily.
SECTION 5.
Section 17 -426 is hereby amended by adding a new section (d -1), which shall read as
follows:
(d -1) Oil and gas permit application.
(1) Applications for oil and gas well permits shall include the following:
(a) A copy of the plan(s) identifying and indicating the proposed methods of
erosion control. Erosion control is required and shall comply with all local, state
and federal requirements and must be approved by the director of development for
the City of Kennedale.
(b) A copy of the stormwater pollution prevention plan as may be required by
the Environmental Protection Agency or the Texas Commission on Environmental
Quality. A copy of the notice of intent shall be submitted to the City of Kennedale
Public Works Department and the Development Department, three (3) days prior to
the commencement of any onsite activity.
(c) A detailed description of the water source to be used during drilling and a
copy of the determination by the Texas Commission on Environmental Quality
(TCEQ) of the depth of useable quality ground water.
(d) Road repair agreement as described in Sec. 17- 426(e)
(e) The exact and correct acreage for the pad site and staging area, and the
number of wells.
(f) A description of public utilities required during drilling and operation.
(g) An accurate legal description of the lease property to be used for the oil
or gas operation, the parcel 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.
(h) A copy of the approved railroad commission permit to drill, together with
attachments and survey plats, which are applicable to the drill and operation - sites.
(i) A hazardous materials inventory statement including MSDS sheets on all
products being used broken down into drilling and post drilling documents.
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Q) A surface reclamation plan. Operators may submit an amended
reclamation plan for review and approval by city staff after a gas well permit has
been issued.
(k) Truck routes and access points, including the proposed transportation
route and road for equipment, chemicals or waste products used or produced by
the oil or gas operation indicating commercial and non- commercial routes.
(1) Surface owner names(s) and address(es) of the lease property of the
drilling and production site.
(m) A sound analysis and sound management plan.
(n) A detailed site plan as described in Sec. 17- 425(f)
(o) A wastewater management plan describing how wastewater will be
disposed. Wastewater management reports must be submitted one month after
the commencement of drilling or any activity that results in wastewater, and semi-
annually thereafter until such time as activities at the site no longer result in
wastewater.
(2) Applications for oil and gas well permits shall be submitted in writing, on forms
provided by the city.
(3) Applications for oil and gas well permits shall include a pipeline route map
indicating the location of the nearest gathering station and the alignment of the
pipeline(s) connecting the operation site to the gathering station and shall include a
written acknowledgement from the pipeline company and a copy of the license
agreement between the pipeline operator and the city. No deviations from the
pipeline route shall be permitted without prior approval from the city.
(4) Applications for oil and gas well permits shall be signed by the operator.
(5) Applications for oil and gas well permits shall include multiple complete copies
of the operator's application and emergency action response plan, as stated in the
permit for oil and gas drilling.
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The burden of proof on all matters considered under permit applications and special
exception applications shall be upon the applicant/Operator.
SECTION 6.
Section 17- 426(e) of the Kennedale City Code is hereby amended to read as follows:
(e) Road repair agreement. A road repair agreement shall be filed with the director of public
works of the city. A road repair agreement must obligate the operator to repair damage to public
streets, including, but not limited to, bridges, caused by the operator (or by the operator's
employees, agents, contractors or representatives) in the performance of any activity authorized
by or contemplated by the approved oil and gas well permit. A video documenting the existing
conditions must be submitted prior to approval of the road repair agreement. The city manager
shall have the authority to execute the road repair agreement.
SECTION 7,
Section 17- 426(f) of the Kennedale City Code is hereby amended to read as follows:
(f) Development of site plan required. Any person who proposes extraction of oil or gas on a
tract of land located within the corporate limits of the City of Kennedale shall prepare six (6)
copies of an oil or gas well development site plan, drawn to scale, that shall be filed with the
application for drilling or production. The site plan drawing shall be provided in D size and eight
and one -half -inch x eleven -inch paper and shall be submitted as part of the applicant's request
for a special exception. The following detail shall be included on all oil and gas development site
plans:
(1) The development site plan shall provide for adequate temporary sanitation facilities, fire
suppression facilities approved by the city fire chief, access roads, drainage, erosion control
and other necessary supporting facilities identified on the development site plan.
(2) The design, location, and arrangement of all driveways and parking spaces shall
provide for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments.
(3) Identify truck routes and access points and state hours of operation.
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(4) Identify environmentally sensitive areas (ESA's) including floodplains and any proposed
floodplain, creek and stream crossings.
a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten -
year storm frequency.
b. All floodplain crossings shall have no negative affects on surrounding property.
c. A drainage study sufficient to substantiate the above requirements will be required as
part of the submittal if crossings are proposed.
d. Identify and indicate the proposed method of erosion control.
(5) Identify all wells, structures, equipment, pipelines, utilities, gates and fences,
containment areas, fire lanes, and one thousand (1,000) feet, six hundred (600) feet, and
three hundred (300) feet perimeter lanes within one thousand (1,000) feet of the well.
(6) Indicate a physical address for each well site.
(7) Identify the location of fire mains, including the size of the main, fire hydrants, and fire
extinguishment equipment and available fire flow.
SECTION B.
Section 17- 426(g) of the Kennedale City Code is hereby deleted, and Sections 17-
426(h) through 17 -426 (y) shall be re- numbered accordingly.
SECTION 9.
Section 17- 426(h) of the Kennedale City Code is hereby amended to read as follows:
(g h) Review of applications for oil and gas well permit.
(1) All applications for oil and gas well permits shall be filed with the director of
development services who shall immediately forward a copy of all applications and plans to
the fire department for review. Incomplete applications shall be returned to the applicant, in
which case the city shall provide a written explanation of the deficiencies if requested by the
applicant. All applications for an oil and gas permit shall be accompanied by a permit fee as
listed in the city's fee schedule. The city may return any application as incomplete if there is
a dispute pending before the railroad commission regarding the determination of the
operator.
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(2) The development department, public works department, and fire department shall
review each application within thirty (30) days after filing and shall determine whether the
application includes all of the information required by this section, whether the application is
in conformance with the applicable oil and gas well development site plan, the terms of the
applicable special exception, the road repair agreement, the fire code and whether the
application is in conformance with the insurance and security requirements set forth in this
section.
(3) The failure of the petroleum specialist, development department, or fire department to
review an oil and gas well permit application within the time limits specified above shall not
require the city to approve an application that does not meet the minimum requirements set
forth in this section.
(4) No oil or gas well permit shall be issued unless all improvements required under Sec.
17 -426, including fencing and screening, landscaping, and parking, have been made and
approved by the city. The Board of Adjustment shall review proposed improvements for
compliance with Sec. 17 -422 of the city code. Proposed landscaping improvements shall, at
a minimum, meet the standards set forth in Chapter 17, Article VIII of the city code. Parking
improvements shall meet the standards of the public works design manual for the City of
Kennedale.
SECTION 10.
Subsection 17- 426(i)(1)(c) of the Kennedale City Code, renumbered as Section 17-
426(h) (1)(c), is amended to read as follows:
c. Specify the date the permit shall expire;
SECTION 11,
Section 17- 426(k) of the Kennedale City Code, renumbered as Section 17- 426(1), is hereby
amended as follows:
(k 1) Security Instrument.
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SECTION 12.
(n e) On -site operation requirements.
(1) A secured entrance gate and a sign shall be required. The sign identifying the entrance
to the drill site or operation site shall be reflective and shall indicate a physical address in
compliance with the fire code, the name and/or number of each well, an emergency contact
phone number, the oil or gas well permit number, and shall indicate the nature of the
operation, i.e. natural gas well. The fire marshal must approve the size and location of the
sign prior to commencing operations.
(2) Permanent fencing is required for all drill sites and production or operation sites.
Fencing shall be predominantly masonry and shall be a minimum of eight (8) feet in height
and shall be higher than the enclosed equipment. Fencing and gates shall remain locked at
all times when no one is present. All permanent fencing structures shall have a wrought iron
gate. For the purposes of this section, masonry shall mean that form of solid construction
composed of stone, brick, concrete, gypsum, hollow clay tile or other similar building units or
materials or combination of these materials which must be laid up unit by unit and set in
mortar, or pre -cast panels designed and built to mimic the appearance of masonry. Fencing
design and materials must be approved by the director of development services before
installation.
(3) All fences and gates shall be secured to prevent unauthorized public access to the site
and /or equipment. This includes, but is not limited to the following:
a. Securing any permitted temporary fencing to the ground;
b. Installing a knox box rapid entry system or padlock, and providing the fire marshal with a
master key to all padlocks and gate locks, or providing twenty -four -hour on -site security
personnel with access keys.
(4) A vehicular access gate for the drill site shall be located within ninety (90) feet of the
public road connecting to the drill site. If there are multiple gates along the same access
road, a knox box shall be required only for the gate closest to the entrance.
(5) Temporary compressor for each well shall be classified as temporary for six (6) months
for noise and screening regulation purposes. Compressors shall be classified as permanent
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thereafter and shall be required to meet noise and screening requirements for permanent
compressors, as described under subsection (b) herein.
a. Sound blankets shall be permitted for noise abatement on temporary
compressors.
b. No sound blankets shall be permitted for permanent compressors. All acoustical
structures for permanent compressors must be constructed of permanent material
and constructed of metal, masonry or other structurally sound material in compliance
with the zoning district regulations and as approved by the director of development
services, for compatible use.
(6) All drive approaches and facilities used for parking, loading, unloading, driveways and
all other vehicular access to each drill site, operation site, and gathering station or
compressor station, including private roads and driveways, shall be constructed and
maintained in compliance with the City of Kennedale Public Works Design Manual and must
meet all minimum fire code requirements, or as stipulated as part of the special exception,
provided that the drive approach from the public street be constructed of concrete. The
surface for such facilities and drive approach must always be maintained in good condition
and repair.
(7) 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. All production equipment on an
operation site shall be painted and maintained at all times, including pumping units, storage
tanks, buildings, and structures.
(8) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four -inch lettering shall be posted at the entrance of each drill site and operation
site. The sign shall include the phone number for emergency services (9 -1 -1), the name and
phone number for the operator, and the well designation required by the railroad
commission in three -inch lettering.
(9) 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
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refuse, including wastewater or brine, from any oil or 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.
(10) All electric lines to production facilities shall be located underground in a manner
compatible to those required to be installed in the surrounding areas or subdivision and shall
comply with the city building code.
(11) All fire suppression and prevention equipment 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.
(12) No operator shall excavate or construct any lines for the conveyance of fuel, water,
gas or petroleum liquids on, under, or through the streets or alleys or other land of the city
without an easement or right -of -way license from the city, at a price to be agreed upon, and
then only in strict compliance with this section, with other ordinances of the city, and with the
specifications established by the city.
(13) The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other material
or obstruction, is prohibited unless the operator has first obtained written permission from
the city, and then only in compliance with specifications established by the city.
(14) Fracturing operations must comply with all regulations and standards established by
the Environmental Protection Agency, the Railroad Commission of Texas, and any other
appropriate local, state or federal agency.
SECTION 13.
Section 17- 426(p) of the Kennedale City Code, re- numbered as Section 17- 426(0), is
hereby amended to read as follows:
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(o) Operations and equipment practices and standards.
(1) Adequate nuisance prevention measures shall be taken to prevent or control offensive
odor, fumes, dust, noise and vibration.
(2) No person shall permit any lights located on any drill or operation site to be directed in
such a manner so that they shine directly on public roads, adjacent property or property in
the general vicinity of the operation site. To the extent practicable and taking into account
safety considerations, site lighting shall be directed downward and internally so as to avoid
glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.
(3) The operator shall at all times comply with the rules and regulations of the railroad
commission including, but not limited to all applicable field rules.
(4) Internal combustion engines may be used in drilling and producing operations if they
have mufflers that will reduce noise to comply with required noise levels set forth in this
ordinance at any point three hundred (300) feet from the boundary of the drill site or
operation site and prevent the escape of noxious gases, fumes or ignited carbon or soot.
(5) The noise level during fracing, drilling, production, or other operations shall not exceed
seventy (70) decibels at any point three hundred (300) feet from the boundary of the drill site
between 8:00 a.m. and 7:00 p.m. The noise level between 7:00 p.m. and 8:00 a.m. shall not
exceed sixty (60) decibels at any point within three hundred (300) feet from the boundary of
the drill site.
If noise levels at a distance of three hundred (300) feet exceed seventy (70) decibels, a
sound reduction enclosure shall be required for compliance. Only electric motors shall be
used for the purpose of pumping oil wells. Electric motors shall be used for compressors
located at gas well sites.
If averaging is used to measure sound levels, time periods for averaging shall not exceed
three (3) minutes.
(6) In parallel to gas gathering pipeline, a flow back line shall be installed to handle water
and gas flow back following well fracture treatment.
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(7) Vehicles, equipment, and machinery shall not be placed or located on a drill site or
operation site or on any public street, alley, driveway, or other public right -of -way in such a
way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or
controlling fires and shall not be placed or located in violation of any city ordinance.
Adequate parking facilities shall be provided and constructed in compliance with the city's
development codes.
(8) Well servicing and fracing operations shall occur Monday to Friday between the hours
of 8:00 a.m. and 7:00 p.m. only. Well servicing and fracing operations may be conducted on
Saturdays with a waiver from the city.
(9) Air, gas, or pneumatic drilling shall not be permitted.
(10) For vehicular safety reasons, the operator shall immediately notify the city of any
substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares
by vehicles involved in the well drilling or servicing or pipeline installation process. If for
safety reasons, the city elects to perform the removal, the cost of such removal shall be paid
by the operator.
(11) The drilling rig and associated drilling equipment shall be removed from the well site
within thirty (30) days of the completion of drilling of the well.
(15) If a well site is adjacent to a planned stormwater drainage detention /retention pond, a
frac pond may be required to be constructed, and if required, shall be consistent with the
city's drainage and stormwater plan.
(16) Oil and gas wells are considered an industrial use; hence, adequate fire flow is
necessary for public safety. The extension of water lines shall be done consistent with the
city's water line extension policy. The operator shall install, at its own expense, a sufficient
number of fire hydrants to provide fire protection service to the drill site. The fire hydrant
system shall be designed according to the specifications contained in the city's design
manual and approved by the fire chief. Fire hydrants shall be located within a five hundred
(500) foot hose lay of fire department connections to the protection system(s).
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SECTION 14.
Subsection 17- 426(s)(8) and (11) of the Kennedale City Code, re- numbered as Section
17- 426(x) (8) and (11), is hereby amended to read as follows, and Subsections (r)(15), and (16),
are hereby added:
(r) Additional safety and environmental requirements
(8) All wells shall be abandoned in accordance with the rules of the railroad commission;
however, all well casings shall be cut and removed to a depth of at least ten (10) feet below
the surface. All wells and pipelines shall be abandoned in accordance with Section (v) of
this ordinance.
(11) A closed loop mud system shall be required for all drilling and reworking operations
for all gas wells. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived
or resulting from or connected with the drilling, re- working or deepening of any well shall be
discharged into a closed loop mud system. All disposals must be in accordance with the
rules of the Railroad commission and any other appropriate local, state or federal agency.
Wells permitted before June 10, 2010 may use reserve pits. An impervious lining of all pits
to prevent water pollution shall be required for wells permitted prior to June 10, 2010 that
use reserve pits.
(15) Flaring or burning of gas or petroleum of any kind after the well is in production is
prohibited. Temporary flaring or burning to accommodate public safety may be performed
but only when approved by the fire marshal. Appropriate public notice for planned and
unplanned flaring events must be given to designated city staff. Operators shall notify the
city forty -eight (48) hours before planned flaring begins and should provide an estimate of
how long flaring is expected to last. Operators must notify the city within three (3) hours of
discovery of a situation that calls for unplanned flaring to accommodate public safety.
(16) Air Quality Monitoring.
Operators will be assessed a fee at time of permitting to cover the cost of air sampling and
shall pay an annual fee each year thereafter to cover additional sampling if required by the
city.
17
SECTION 15.
This ordinance shall be cumulative of all provisions of ordinances and the Code of the
City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such and Code, in which event the conflicting provisions of such
ordinances and Code are hereby repealed.
SECTION 16.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 17.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as amended, or
any other ordinance or code provision affecting oil and gas exploration and development, zoning
and land use which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 18,
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale.
SECTION 19.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
HE]
fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and
Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and
expenses involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent the City from taking such other lawful action as is necessary to
prevent or remedy any violation.
SECTION 20.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED THIS DAY OF 2010.
'k o t i La 4 �" b es;t -
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
19
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Misc
THE S7
County
Before
the Sta
that the
(817) 2
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
. elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ent was published in a above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Jul 0 11
Notary Public
Thank You For Your Payment
Customer ID:
CIT33
Invoice Number:
316688661
Invoice Date:
7/7/2011
Terms:
Net due in 21 days
Due Date:
7/31/2011
PO Number:
Order Number:
31668866
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Date:
7/7/2011
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$6.18 $253.46
$11.00
Net Amount:
$264.46
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
. elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ent was published in a above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Jul 0 11
Notary Public
Thank You For Your Payment