Fort Worth City Code § 15-42 TECHNICAL REGULATIONS.
§ 15-42 TECHNICAL REGULATIONS.
(a) Onsite requirements.
(1) Abandoned wells. All wells shall be abandoned in accordance with the rules of the railroad commission and pursuant to § 15-45 of this article.
(2) Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the commission and the recommendations of the American Petroleum Institute. The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the commission.
(3) Closed loop mud systems. A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Gas wells located on an open space of not less than 25 acres with no operations to be conducted within 1,000 feet of a protected use may use a lined earthen pit instead of a closed loop mud system.
(4) Compliance. Operator shall comply with all applicable federal, state and city requirements at all times.
(5) Discharge. No person shall place, deposit, discharge or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in or upon any body of water or any private property in the city or in or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain without permits from the appropriate city departments.
(6) Drilling notice. The operator shall provide 48-hour notice to the gas inspector before the start of drilling operations, fracture stimulation, work over or servicing operations.
(7) Drill stem testing. All open hole formation or drill stem testing shall be done during daytime hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe prior to the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(8) Dust, vibration, odors. All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying substances or effects are minimized by the operations carried on at any drilling or production site or from anything incident thereto to avoid injury to or annoyance of persons living in the vicinity. The site or structures shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor.
(9) Electric lines. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.
(10) Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city articles and the appropriate national codes.
(11) Emergency response plan. Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the gas inspector an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the commission, Texas natural resource conservation commission, department of transportation and/or the Environmental Protection Agency and city fire code. A copy of the emergency response plan shall be kept on-site.
(12) Equipment painted. All production equipment on the site shall be painted and maintained at all times, including pumping units, storage tanks, buildings and structures. No company logos or advertisement shall be allowed.
(13) Explosives. Use of explosive charges within the city limits shall require a permit issued by the bomb and arson section of the City of Fort Worth fire department.
(14) Fire notice. In the event of a fire or discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property, the operator shall immediately report such condition to the fire department in accordance with the City of Fort Worth Fire Code. The reporting limits for hazardous materials release shall conform to the requirements of the railroad commission and not exceed any state or federal permitting limit. A copy of the hazardous materials release records required by Texas commission on environmental quality (TCEQ) shall be forwarded to the fire marshal on an annual basis.
(15) Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the fire department and required by any applicable federal, state or local law shall be provided by the operator, at the operator’s cost, and shall be maintained on the drilling site at all times during drilling and production operations. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an appropriately labeled emergency shut off valve to the well distribution line.
(16) Fracturing operations.
a. All formation fracture stimulation operations shall be conducted during daytime hours.
b. At least 48 hours before operations are commenced, the operator shall notify the gas inspector and post a sign at the entrance of the well site advising the public of the date the operations will commence.
c. “Flowback” operations to recover fluids used during fracture stimulation shall be exempt from work hour restrictions, subject to noise restrictions of § 15-42.
d. A watchman shall be required at all times during such operations.
e. At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.
(17) Fresh water fracture ponds.
a. Permit required. The construction of a fresh water fracture pit shall require a permit from the city after approval from the following city departments:
1. Fire department in order to address the location of the fresh water fracture pit;
2. Water department for sewer line and water line review;
3. Transportation and public works for master thoroughfare and floodplain review;
4. Planning and development for forestry review; and
5. Any other applicable city department as determined by the city.
b. Fracture pond. No construction of the fracture pond shall commence until review and approval from all city departments are received and a permit is issued by the gas inspector.
c. Fresh water fracture pond. No fresh water fracture pond may be placed in any city recognized drainage way or FEMA floodplain or floodway without a floodplain development permit from the transportation and public works department. Fresh water fracture pond shall not be placed in existing or future rights-of-way as shown on the city’s master thoroughfare plan.
d. Compliance. Construction and maintenance of the fresh water fracture pit must comply with all city, state and federal regulations.
e. Location. All freshwater fracture ponds located on a tract of land not adjacent to a gas drilling pad site shall be located in “AG” Agricultural, “I” Light Industrial, “J” Medium Industrial and “K” Heavy Industrial zoning districts unless otherwise authorized by the gas inspector for the purpose of reducing total number of fracture ponds. All freshwater fracture ponds located in urban villages shall require approval by the city council.
f. On location. The permit or authorization issued by the city shall be maintained on the location at all times during construction of the fresh water fracture pit.
g. Pit requirements. All pits shall meet the following requirements.
1. Fresh water fracture pits shall not be lined with a synthetic impervious liner unless approved by the gas inspector. Existing liners shall be removed at the time any pit is reworked, enlarged, restored or altered unless otherwise authorized by the gas inspector.
2. The fresh water fracture pit shall be enclosed with open design chain link black or dark green fencing on all four sides.
3. Pits shall be maintained in a manner utilizing best management practices to ensure the integrity of pit walls and liners. For purposes of this subsection (a), BEST MANAGEMENT PRACTICES shall mean structural, nonstructural and managerial techniques that are recognized to be the most effective and practical means to control water storage in open pits in an urban or rural setting.
4. No oil and gas waste by-products or salt water shall be allowed in the fresh water fracture pit.
5. A sign at a conspicuous place or places on the property near any right-of-way, street, road or public thoroughfare. The sign shall provide the operator’s phone number for additional information.
h. Specific surface use agreement. The operator shall enter into a specific surface use agreement with the surface owner that provides for the maintenance and operation of the fracture pond when the pond is no longer under the control or use of the operator or that the operator will restore the property to its condition prior to the construction of the fracture pond. The agreement shall be provided to the city.
i. Periodic tests. Periodic tests may be required by the city’s gas well inspector. All costs for testing shall be borne by the operator or permittee of the fresh water fracture pit. All samples collected for testing shall be witnessed by the gas inspector or other designated city personnel.
(18) Fresh water wells. It shall be unlawful to drill any well the center of which, at the surface of the ground, is located within 200 feet of any existing fresh water well unless a waiver is obtained from the property owner. The measurement shall be in a direct line from the closest well bore to the fresh water well bore.
a. The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis and flow rate from any existing fresh water well within 500 feet of the gas well.
b. An operator may drill a fresh water well in compliance with state law within 200 feet of the wellbore to use for drilling and completion operations. A fresh water well that is used for drilling and production operations is excluded from the 200 foot setback for future gas wells drilled on the permitted pad site.
c. A copy of the Texas water development board permit shall be provided to the gas inspector along with the geographic coordinates of every water well within 500 feet of the well bore.
d. A copy of all plugging and abandonment reports filed with the state and/or transfer of ownership notice shall be provided to the gas inspector and the water department.
e. The operator of a gas well shall provide the gas inspector with a “pre-drilling” and “post-drilling” water analysis from the fresh water well if the well is transferred to private or public use.
(19) Gas lift compressor. Any on-site compressor used to “lift gas” shall be designed to comply with the noise requirements of this article.
(20) Gas processing onsite. Except for a conventional gas separator or line heater, no refinery, processing, treating or absorption plant of any kind shall be constructed, established or maintained on the premises without appropriate city permits and a certificate of occupancy.
(21) Grass, weeds, trash. All drill sites shall be kept clear of high grass, weeds and combustible trash within a radius of 100 feet around any gas tank or tanks or producing wells.
(22) Hazardous plan. Hazardous materials management plan (HMMP) and all material safety data sheets (MSDS) for all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site shall be submitted to the gas inspector for distribution to the director of the emergency management office.
(23) Lights. No person shall permit any lights located on any 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 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 300 feet.
(24) Mobilization and demobilization. Mobilization and demobilization shall be prohibited before 9:00 a.m. and after 6:00 p.m. on Sundays. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the site on Sundays.
(25) Muffling exhaust. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
(26) Pits. The following applies for pits used for drilling and completion operations.
a. Lined earthen mud or circulating pits or a closed loop mud system may be used for gas wells permitted prior to January, 2009.
b. All pits shall be approved by the applicable city department.
c. All pits and contents shall be de-watered, back-filled and compacted following the schedule established by the statewide rules of the railroad commission.
d. No drill cuttings, rotary mud or wastewater generated during drilling operations may be buried on site unless permitted by the commission and approved by the city after submission of an acceptable pre-burial test.
e. No pit shall be placed in a floodplain without obtaining a floodplain development permit from the transportation and public works department.
f. Every drill pit used for drilling operations shall be fenced on all open sides during drilling operations and enclosed on all four (4) sides with a chain link fence in compliance with § 15-43 after drilling operations have ceased.
g. No flowback water produced by fracture operations shall be placed in any open pit without a copy of a valid state permit submitted to the gas inspector.
(27) Private roads and drill sites.
a. Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the site itself shall be at least 15 feet wide, drain appropriately, have an overhead clearance of 14 feet and shall be surfaced with a crushed rock, gravel or ore and maintained to prevent dust and mud. All temporary driveway approaches must be approved by the city prior to the commencement of any drilling operations. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the gas inspector and the city director of transportation and public works after consideration of all circumstances including, but not limited to, the following: distances from public streets and highways; distances from adjoining and nearby property owners whose surface rights are not leased by the operation; the purpose for which the property of such owners is or may be used; topographical features; nature of the soil; and exposure to wind. Watering, wetting or other methods or materials must be used to control the dust on all roads adjacent to residential property.
b. A gated permanent approach meeting the city design requirements shall be constructed at the entrance of the access road onto a public street within 60 days after drilling operations have ceased or at the request of the gas inspector.
(28) Reduced emission completion.
a. After fracturing or re-fracturing, operators shall employ appropriate equipment and processes as soon as practicable to minimize natural gas and associated vapor releases to the environment. All salable gas shall be directed to the sales line as soon as practicable or shut in and conserved. All wells that have a sales line shall be required to employ reduced emission completion techniques and methods, but operators may request a variance from the gas inspector if they believe that reduced emission completion techniques or methods are not feasible or would endanger the safety of personnel or the public.
b. Reduced emission completion techniques and methods shall not be required for well(s) that do not have a sales line and:
1. Were permitted prior to July 1, 2009; or
2. Is the first permitted well on a pad site.
c. Flaring may be allowed in some instances as an alternative to venting as allowed by the gas inspector. If burning of gases by open flame is authorized by the gas inspector, then such open flame shall not be located closer than 300 feet from any building not used in operations on the drilling site and such open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.
(29) Salt water disposal wells. Salt water disposal wells shall not be allowed or permitted within the corporate limits of the city.
(30) Signs.
a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to § 15-43 of this article. Such sign shall made from be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following:
1. Well name and number;
2. Name of operator;
3. The emergency 911 number; and
4. Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
b. Permanent weatherproof signs reading “DANGER NO SMOKING OR OPEN FLAME ALLOWED IN THIS AREA” “PELIGRO NO FUMAR O INICIAR LLAMA EN ESTA AREA” shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the fire department and the operator, well and lease designations required by the commission.
c. In accordance with the Fort Worth Fire Code, §§ 2703.5 and 2703.6, a National Fire Prevention Association (NFPA) 704 diamond hazard identification signs are required on each tank and at the entrance to the site adjacent to the operator’s sign. A label must be located on each tank indicating exact chemicals that may be contained in the tank. Text shall be a minimum of six inches in height, contrasting with the background color.
(31) Storage of equipment.
a. Onsite storage is prohibited. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.
b. No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or upon any site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The fire department shall be the entity that determines whether any equipment on the site shall constitute a fire hazard.
(32) Storage tanks. 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 ten feet above the terrain surrounding the tanks. All storage tanks shall be equipped with a secondary containment system including lining with an impervious synthetic material. The secondary containment system shall be a minimum of three feet in height and one and one-half times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot deep. Drip pots shall be provided at the pump out connections to contain the liquids from the storage tanks.
a. Secondary containment shall be required for all equipment. Secondary containment shall be capable of containing a release of 150% of the largest storage container within the containment and have adequate freeboard to contain an average annual rain event.
b. Temporary flowback tanks shall be removed within 90 days after completion of the gas well(s) at the pad site unless permission is obtained from the gas inspector to extend the time period for no more than 30 days.
c. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank.
d. No meters, storage tanks, separation facilities or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM or the 100-year floodplain without a floodplain development permit obtained from the department of transportation and public works.
e. All tanks shall be set back at least 75 feet from any public street, road, highway or future street, or right-of-way or the nearest rail of an operating railway.
f. Tank batteries, separators and equipment shall be set back at least 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater. The setback shall apply for any protected use, public building or habitable structure for which a building permit has been issued on the date of the application for a drilling permit. 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.
(33) Tank battery facilities. Tank battery facilities shall be equipped with a lightning arrestor system.
(34) Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission.
(35) Valves. Each well must have a shutoff valve to terminate the well’s production. The fire department shall have access to the well site and the shut-off valve in an emergency. Each well shall be equipped with an automated valve that closes the well in the event of any abnormal increase in operating pressure.
(36) Vapor recovery for storage tanks. Vapor recovery equipment shall be required for tank batteries that have an estimated rolling annual aggregate emissions rate of 25 tons or greater of total volatile organic hydrocarbons per year per well head. Vapor recovery equipment must be operated and maintained in such a way to ensure a 95% recovery efficiency between the internal and external atmospheres of the tank(s).
(37) Vehicle truck routes. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as either truck routes or commercial delivery routes designated 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. All vehicle truck routes must be approved by the gas inspector before the gas well permit is issued. The gas inspector shall have the authority to require an alternate route to minimize the impact to surrounding uses.
(38) Waste disposal. Unless otherwise directed by the commission, all tanks used for storage shall conform to the following.
a. Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the American Petroleum Institute standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification.
b. Except as provided in subsection (a)(3) above, 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 commission and any other appropriate local, state or federal agency.
c. Unless otherwise directed by the commission, waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every 30 days. Water stored in on-site tanks shall be removed as necessary.
d. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this article and any other applicable article of the city.
(39) Watchman. The operator must keep a watchman or security personnel on site during the drilling or re-working of a well when other workers are not on the premises.
(40) Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings.
a. Wellhead status wellbores, mouse holes, rat holes, cellars and conduit casings shall be:
1. Covered at all times when not in use by one-half-inch steel plating, adequately covering the entire bore hole annulus to prevent accidental entrapment of persons or animals;
2. Completed through the production casing flange with a metal plate or blind flange bolted across the head; and
3. Surrounded with a six feet tall chain link fence having a gate and lock.
b. The cellar shall be filled or closed. The Braden head shall be piped to the surface and open to the atmosphere or have an observable and adequate pressure gauge with operable test valve.
(41) Work hours. No construction activities involving excavation of, alteration to or repair work on any access road or pad site shall occur during nighttime hours or at any time on Sunday. 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 daytime hours 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. Other than mobilization and demobilization and advancing the bore hole, no other activities shall be allowed on the wells site on Sundays.
(b) Noise - gas wells.
(1) Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan, approved by the gas inspector, detailing how the equipment used in the drilling, completion, transportation or production of a well complies with the maximum permissible noise levels of this section. The noise management plan must:
a. Identify operation noise impacts;
b. Provide documentation establishing the ambient noise level prior to construction of any wellhead, compressor or compression facility; and
c. 1. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:
i. Nature and proximity of adjacent development, location and type;
ii. Seasonal and prevailing weather patterns, including wind directions;
iii. Vegetative cover on or adjacent to the site; and
iv. Topography.
2. The operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generation equipment
(2) No well shall be drilled, re-drilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the protected use receiver’s/receptor’s property line or from the closest exterior point of the protected use structure or inside the protected use structure if access to the property is granted by the receiver/receptor, that:
a. Exceeds the ambient noise level by more than five decibels during daytime hours and more than three decibels during nighttime hours;
b. Exceeds the ambient noise level by more than ten decibels over the daytime average ambient noise level during fracturing operations during daytime hours. No fracturing shall be allowed during nighttime hours except for flowback operations related to fracturing as provided in subsection (b)(2)c. below;
c. Exceeds the ambient noise level by more than three decibels during flowback operations during nighttime hours;
d. Creates pure tones where one-third octave band sound-pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of two contiguous one-third octave bands by five dB for center frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz; or
e. Creates low-frequency outdoor noise levels that exceed the following dB levels:
16 Hz octave band | 65 dB
31.5 Hz octave band | 65 dB
64 Hz octave band | 65 dB
(3) The operator shall be responsible for establishing and reporting to the city a continuous 72 hour pre-drilling ambient noise level prior to the issuance of a gas well permit. The 72-hour time span shall include at least one 24-hour reading during either a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site.
(4) Adjustments to the noise standards as set forth above in subsection (b)(1)a., (b)(1)b. and (b)(1)c. of this section may be permitted intermittently in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes)*
10 | 5
15 | 1
20 | Less than 1
* Cumulative minutes during any one hour
(5) All workover operations shall be restricted to daytime hours.
(6) The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within 600 feet of a protected use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the operator. If a complaint is received by either the operator or the gas inspector from any protected use the operator shall, within 24 hours of notice of the complaint, continuously monitor for a 72-hour period the exterior noise level generated by the drilling, redrilling or other operations to ensure compliance. At the request of the gas inspector, the operator shall monitor the exterior noise level at the source of the complaint.
(7) Acoustical blankets, sound walls, mufflers or other alternative methods as approved by the gas inspector may be used to ensure compliance. All soundproofing shall comply with accepted industry standards and be subject to approval by the city’s fire department.
(8) The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute’s Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(9) A citation may be immediately issued for failure to comply with the provisions of this section. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given 24 hours from notice of noncompliance to correct the violation from an identified source before a citation is issued. Additional extensions of the 24-hour period may be granted in the event that the source of the violation can not be identified after reasonable diligence by the operator.
(c) Setbacks.
(1) Distance.
a. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
1. Within 25 feet from any storage tank or source of ignition;
2. Within 75 feet of any public street, road, highway, future street, right-of-way, property line or the nearest rail of an operating railway;
3. Within 600 feet from any protected use;
4. Within 300 feet from any public building;
5. Within 200 feet from any habitable structure;
6. Within 100 feet of any building accessory to, but not necessary to the operation of the well;
7. Within 200 feet to any fresh water well not drilled by the operator as a specific source of water used for drilling or completion operations without the express written permission of the owner of the water well; or
8. Within 300 feet from an outer boundary surface property line or a distance minus the required zoning setback of the adjacent property at the time of permitting the first gas well unless one of the following conditions exist:
i. The oil, gas and mineral lease precedes the formation of an outer boundary surface property line; or
ii. The adjacent property is owned or under lease by the operator.
b. 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 any object listed in subsections (c)(1)a.1. through (c)(1)a.6. and (c)(1)a.8. above, except that the measurement from a well bore to a school not located within another protected use shall be from the property line of the school to the well bore, in a straight line, without regard to intervening structures or objects.
c. The measurement for g. above shall be in a direct line from the closest well bore to the fresh water well bore. The distance requirement for fresh water wells is subject to the railroad commission regulations and any other state or federal requirements.
(2) Distance reduction for protected uses. The distance set out in subsection (c) of this section may be reduced to 300 feet from any protected use, with a:
a. Waiver granted by the city council; or
b. Written notarized waivers granted by all the protected use property owners within a 600-foot radius around the proposed well pursuant to § 15-36 of this article.
(d) Compressor stations - natural gas facilities.
(1) Compressor noise regulations. For purposes of this subsection (d), OPERATOR shall refer to either the pipeline operator or the gas well operator, as applicable.
a. 1. Maximum permitted sound levels for all permanent lift or line compressors shall be limited by the following zoning classifications:
Industrial | 75 dBA day/65 dBA night
Commercial | 65 dBA day/55 dBA night
Residential | 55 dBA day/50 dBA night
2. If the measurement location is on a boundary between two different land use classifications, the lower noise level standard applicable to the noise zone shall apply.
b. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient for that location (measured at the property line of the noise creator).
c. Noise measurement will be taken at the property line of the compressor station to determine ambient. To determine compliance with the noise requirements all measurements will be taken at the property line of the receiver/receptor.
d. Compressors shall meet the low and high frequency requirements/standards as required for gas wells cited above.
(2) Lift compressors.
a. Lift compressors shall be allowed in all zoning districts, but shall be restricted to the gas drilling pad site.
b. Except as outlined below, lift compressors shall be required to meet all the noise standards of subsection (a) above.
1. Temporary lift compressor for each well shall be classified as temporary for six months for noise regulations purposes and shall be allowed five dBA over ambient during the day and three dBA over ambient at night.
2. No compressor shall be considered temporary if installed within six months of removal of the initial compressor for that well.
3. Permanent lift compressors shall be required to meet the zoning noise requirements for their zoning location as outlined in subsection (d)(1) above.
4. Sound blankets shall be permitted for noise abatement on temporary lift compressors.
5. No sound blankets shall be permitted for permanent lift compressors. All acoustical structures for permanent compressors must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment, is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.
c. All lift compressors shall be set back a minimum of 200 feet from any protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.
d. All compressor and associated equipment and buildings shall be enclosed by a six-foot security fence constructed per § 15-43, Fences and landscaping, of this article.
e. One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.
f. All equipment or buildings associated with the operation of the compressor located in or within 600 feet of residentially used property or from the public right-of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development or his or her designee that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.
g. Secondary containment. Secondary containment shall be required around all compressor stations. All secondary containment must meet the requirements of subsection (a)(32) above.
h. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes or ignited carbon or soot.
i. All facilities shall be inspected by the fire marshal for compliance with relative fire codes and the gas inspector prior to operation of the compressor.
(3) Line compressor sites.
a. Line compressor site permit application requirements.
1. A person wanting to engage in and operate a line compressor shall first apply for and obtain a line compressor site permit as required under this article.
2. The requirements below are for the purpose of evaluating and processing an application for a line compressor site and are not meant to supersede any other part of the city code pertaining to development or building standards.
i. Every application for a line compressor site issued pursuant to this article shall be in writing signed by the line compressor operator, or a person duly authorized to sign on behalf of the line compressor operator, and filed with the inspector.
ii. Each application shall be accompanied by a fee as set forth in the city code for gas drilling and production fees.
iii. The application shall include the following information:
A. The date of the application;
B. A legal description of the property. The property must be platted and referenced by subdivision, block and lot numbers;
C. Surface owners’ name(s) and address(es) of the line compressor site property;
D. Line compressor operator/applicant name and address and if the line compressor operator is a corporation, the state of incorporation, and if the line compressor operator is a partnership, the names and addresses of the general partners;
E. Name and address of individual designated to receive notice;
F. Location and description of all improvements and structures within 1,000 feet of the line compressor site;
G. Owner and address of each parcel of property within 1,000 feet of the proposed line compressor site;
H. A surveyed site plan of the proposed line compressor site shall display a registered professional land surveyor seal, a legend with scale for measurements and a complete legal description with property lines and easements shown. The surveyed line compressor site plan shall include specific details to the projected location of the major components of the line compressor site, the location of all improvements and equipment, including, but not limited to, tanks, city regulated pipelines, compressors, separators, lights, storage sheds, fencing, driveway approaches and any access roads. The surveyed line compressor site plan shall show the location of specific compressors, pipelines, tanks and reservoir(s) in relationship to existing and proposed water and sanitary sewer lines and any other utility easements. The line compressor site plan shall also indicate floodway, floodplain or city recognized drainage ways and the elevation and slope of the line compressor site which indicates compliance with the then current fill article, impacted vegetation, tree survey, creeks and other topographic features, compliance with the landscaping requirements as set out in § 15-43 of this article, adjacent buildings and other structures and the measured distance from the compressors to these buildings and structures, temporary and permanent fencing and landscaping. Zoning of the property and adjacent property must be shown;
I. A statement, under oath, signed by the line compressor operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the compressor operator or designated representative, true and correct;
J. Noise management plan demonstrating compliance with subsection (d)(1)a. above; and
K. A request for waiver as outlined in subsection (d)(4) below, if applicable.
b. Location. Line compressor sites shall be permitted only in “PD” planned development zoning districts, “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts and shall meet the following setbacks.
1. “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts setback. The boundary of all line compressor sites in “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts shall be set back a minimum of 600 feet from any protected use. The setback from protected uses may be reduced to 300 feet from the boundary of the line compressor site provided the line compressor(s) located within the line compressor site are fully enclosed.
2. “PD” planned development zoning district setback. The boundary of all line compressor sites in “PD” zoning districts shall be set back a minimum of 1,000 feet from a protected use. The distance may be reduced to 600 feet when written waivers are obtained from 100% of the protected use property owners within such distance by the applicant or by the granting of a waiver from the city council.
3. All zoning districts. The boundary of all line compressor sites shall be setback a minimum of 300 feet from a public building or a habitable structure.
c. Equipment and buildings not part of the operation of the line compressor site. Equipment and buildings not part of the operation of the line compressor site shall be set back a minimum of 200 feet from the protected use, public building or habitable structure or 100 feet from the property line, whichever is greater.
d. Setback measurement. The measurement of the setback distance shall be made from the boundary of the line compressor site, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the closest protected use or boundary line of a public park or property line of a school. The line compressor operator shall designate the area within the line compressor site where one or more line compressors may be located. The line compressor site will be defined as an area on the site plan by coordinates and setback distance will be measured from the defined area.
e. Standards. Line compressor sites shall be required to meet the following standards.
1. Line compressor sites shall meet the applicable noise standards for that zoning classification as set out in subsection (d)(1)a. above. Landscaping, buffering or acoustical structures shall be required as required by this section and as required by the zoning regulations for the applicable zoning district.
2. No sound blankets shall be allowed.
3. All acoustical structures must be constructed of permanent material constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment is a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible and meets all applicable building and fire codes.
4. All facilities shall be inspected by the inspector prior to operation of the compressor.
5. Exhaust from any internal combustion engine or compressor, stationary or mounted on wheels shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations.
f. All line compressor sites and associated equipment and buildings shall be enclosed by a six foot security fence constructed per § 15-43 of this article.
g. One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including, but not limited to, trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allow inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements, except for the tree preservation and/or planting percentage requirements in § 15-43.
h. All equipment, that is located in or within 600 feet of a residence or from the public right- of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible.
i. Secondary containment shall be required around all line compressors and within the line compressor site. All secondary containment must meet the requirements of § 15-42(a)(32).
j. In addition to the regulations set out above, line compressor sites located adjacent to residential zoning shall be required to meet the following standards.
1. The six-foot security fence constructed per § 15-43 shall be set back a minimum of ten feet from the property line of the residence and a minimum of 20 feet from the public right-of-way.
2. A ten-foot landscaped bufferyard along the entire length of the boundary line between any line compressor site and the residential zoning shall be required and maintained. The bufferyard shall consist of an open space of grass and other landscaping that screens or blocks vision, noise pollutants and other negative by products. The bufferyard shall be required even when an alley is located between the line compressor site and the residential zoning.
3. A minimum 20-foot landscaped bufferyard shall be required along all street frontages across the street from residential zoning to screen the view of the property from the public rights-of-way.
4. A minimum of one three-inch caliper large canopy tree, as defined in Chapter 6 of the zoning article, with a mature height of 25 feet shall be required every 40 feet and screening shall be provided using hedges, berms or mass planting to a height of not less than 24 inches with live groundcover.
5. The bufferyard is intended to serve as a buffer between the compressor station and the residential zoned property. Structures and equipment or any type of storage shall not be permitted in the bufferyard.
(4) Gas line compressor site in PD zoning districts - setback waiver process.
a. A request for a setback waiver for a line compressor site within 1,000 feet of a protected use shall be submitted to the director of planning and development gas well division.
b. A line compressor site shall not be allowed within 1,000 feet of a protected use in a PD zoning district without a:
1. Waiver granted by the city council; or
2. Written notarized waivers granted by 100% of the protected use property owners within a 1,000-foot radius around the proposed line compressor site pursuant to this section. All waivers must identify the property address, block and lot number, subdivision name (if applicable) and plat volume and page and be filed, at the expense of the line compressor operator, in the applicable county records prior to the application of a line compressor site.
3. This setback distance may be reduced, but never less than 600 feet from a protected use.
4. This provision applies to any existing protected use or where a building permit has been issued or applied for a protected use on the date the application for a line compressor site is filed with the inspector.
c. Permitting procedure for request of a waiver by the city council.
1. After a line compressor site permit application and waiver request are submitted for a line compressor site within 1,000 feet of a protected use, the inspector shall schedule a review of the permit by the GDRC. Notice provisions for the GDRC and its reporting requirements are provided for under § 15-34(p).
2. At least 20 days, and no more than 30 days prior to the date of the public hearing before the city council for a waiver to allow the issuance of a line compressor site within 1,000 feet of a protected use, the city shall notify, at line compressor operator’s expense, each surface owner of property, as shown by the current City of Fort Worth fire department address system and the current tax rolls within 1,000 feet of the proposed line compressor site of the hearing date and time. The notice shall contain an internet link for information on gas drilling, and contact telephone numbers for city staff and the line compressor operator/applicant. Such notice shall be deposited properly addressed and postage paid, in the United States mail. Notice shall be sent by the city to all registered neighborhood associations within one-half mile of the proposed line compressor site.
3. At least 15 days, and no more than 20 days prior to the date of the public hearing before city council to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article, the line compressor operator shall publish a notice at line compressor operator’s expense, in one issue of the local section of a newspaper of general circulation in the city, for ten 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. All notices shall follow a format required by the city.
4. At least 20 days prior to the date of the public hearing before city council to allow the issuance of a line compressor site permit within 1,000 feet of a protected use under this article the line compressor operator shall, at the line compressor operator’s expense, erect at least one sign, as approved by the inspector, no less than three feet by three feet, upon the premises upon which a line compressor site waiver within 1,000 feet of a protected use 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 to any right-of-way, street, roadway or public thoroughfare adjacent to such property. The inspector may require additional signage if the premise fronts on more than one right-of-way, street, roadway or public thoroughfare.
i. The sign(s) shall substantially indicate that a line compressor site waiver to allow issuance of a line compressor site within 1,000 feet of a protected use 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 line compressor operator/applicant at the number indicated on the sign.
ii. 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.
iii. Any sign(s) shall be removed as soon as possible subsequent to final action by the inspector or the city council.
5. All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.
6. Before the city council considers the waiver request, the line compressor operator/applicant shall provide evidence of a certificate of publication establishing timely publication of the notice of the hearing, and that the line compressor operator/applicant has otherwise complied with or satisfied all other requirements of this article, including full and complete compliance with the insurance and security requirements.
7. The burden of proof on all matters, except notice, considered in the hearing shall be upon the line compressor operator/applicant.
8. 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 waiver and authorize the issuance of a line compressor site permit within 1,000 feet of a protected use:
i. 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 thereon;
ii. Whether the line compressor site would conflict with the orderly growth and development of the city;
iii. Whether there are other alternative line compressor site locations available;
iv. Whether there is approved access for the city fire personnel and fire fighting equipment;
v. Whether there is reasonable access to the line compressor site that minimizes the impact to residential properties if the use of non-designated commercial or truck routes are required; and
vi. The recommendations of the Inspector and zoning commission.
9. The city council may require an increase up to 1,000 feet in the line compressor operator/applicant’s proposed distance that the line compressor site is to be set back from any protected use or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this section and § 15-43 of this article, including fencing, screening, lighting, delivery times, noise levels, tank height or any other matters reasonably required by public interest.
10. The city council may accept, reject or modify the application in the interest of securing compliance with this article and the City Code.
d. Permitting procedure for a waiver from protected use property owners under division (d)(4)b.2. above.
1. No application for a line compressor site within 1,000 feet of a protected use shall be accepted unless the written notarized waivers are obtained from 100% of the protected use property owners within 1,000 feet of the proposed line compressor site.
2. Waivers must be in a format approved by the city and shall include an aerial exhibit attached clearly depicting the area of a proposed line compressor site with the closest dimension to the protected use for which the waiver is being requested. Signatures are required on both the form and exhibit. The waiver form will be double sided and printed in both Spanish and English allowing the property owner to execute the waiver in their language of choice.
3. Written notarized waivers granted by the all the protected use property owners within a 1,000-foot radius around the proposed line compressor site must be filed, at the expense of the line compressor operator, in the applicable county records. All waivers must identify the property address, block and lot number, subdivision name and plat volume and page number. Copies of filed protected use property owner waivers must be submitted with the filing of a completed application for a line compressor site waiver within 1,000 feet of a protected use.
(5) Existing line compressor sites - grandfathering process.
a. Existing line compressor sites within city limits. Line compressor operators shall notify the inspector of existing line compressor sites within 45 days of the effective date of the ordinance adopting this regulation in order to designate those sites as “grandfathered” to prior ordinance requirements. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Setbacks to a protected use of 600 feet from the site boundary must be met.
1. Line compressor sites permitted or built prior to February 3, 2009 shall submit a noise management plan that demonstrates compliance with noise requirements for industrial zoning. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).
2. Line compressor sites permitted or built on or after February 3, 2009 shall verify that a noise management plan that is in compliance with this section, as amended, is on file with the Inspector.
b. Annexed sites. Compressor operators shall notify the inspector of existing line compressor sites within 45 days of annexation. Notification shall include a surveyed site plan that clearly describes the boundary of the line compressor site and location of equipment and buildings within the site. All protected uses within 600 feet of the site perimeter shall be shown and dimensioned from the site boundary. Sites shall adhere to the noise requirements for industrial zoning districts. Line compressor operators shall be allowed to demonstrate that the current actual ambient is greater than allowed which will become the new ambient (requirement) for that location (measured at the property line of the noise creator).
(Ord. 18449-02-2009, § 1, passed 2-3-2009, eff. 2-10-2009; Ord. 18910-2009, § 4, passed 11-10-2009; Ord. 19022-02-2010, § 1, passed 2-2-2010; Ord. 20166-04-2012, § 2, passed 4-10-2012; Ord. 20927-09-2013, §§ 5, 6, 7, 8, 9, passed 9-10-2013; eff. 9-20-2013; Ord. 22420-09-2016, § 1, passed 9-13-2016, eff. 9-20-2016)