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Home My WebLink AboutORD 09-014 ORDINANCE NO. 09-014 ENTITLED AN ORDINANCE AMENDING CHAPTER 19, OIL AND GAS WELLS, SECTIONS 19-3, 19-5, 19-10, 19-11 AND 19-58, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 19, Section 19-3, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 19-3. Review and action on drilling or redrilling permit application; approval or disapproval of operations. (a) For all drilling and redrilling permit applications where the well-hole is within a distance of three hundred feet(300')to five hundred feet(500')of a structure it shall be the responsibility of the building official to review impartially and to recommend to the City Council the approval or disapproval of said application. The City Council, based on the criteria established herein, may require the applicant for a permit hereunder to do those things necessary to insure the health, safety and welfare of the citizens of the City of Beaumont. The City Council shall review the applications according to the following criteria: (1) that the proposed drilling operation will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) that the drilling operation will not impede the normal and orderly development and improvement of surrounding vacant property; (3) that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; (4) the design, location and arrangement of all driveways and parking spaces provided for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (5) that adequate nuisance prevention measures have been or will be taken to prevent or control offensive odors, fumes, dust, noise and vibration; (6) that directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and (7) that there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property. In authorizing a drilling operation, the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. (b) For all drilling and redrilling permit applications where the well-hole is at a distance that is greater than five hundred feet (500') from any structure, it shall be the responsibility of the building official to review impartially and to approve or disapprove said applications. The building official, based upon the criteria established herein, may require the applicant fora permit hereunder to do those things necessary to insure the health, safety and welfare of the citizens of the City of Beaumont. Items required shall be clearly stated in the permit issued hereunder. (c) The building official is hereby authorized to approve or disapprove the actions of the permittee not otherwise covered by the permit application during the drilling and post-drilling operations in accordance with the terms of this chapter only. Section 2. That Chapter 19 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by relettering existing subsections (a)and (b)to become(b)and (c) respectively and adding a new subsection (a) to read as follows: Sec. 19-5. Notification and Public Hearing Requirements for Drilling Permits. (a) No application for a drilling or redrilling permit where the well-hole distance is between three hundred feet (300') to five hundred feet (500') of a structure shall be approved or disapproved until after a public hearing in relation thereto is held by the City Council at which parties in interest and citizens shall have an opportunity to be heard. At least seven (7) days notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the City of Beaumont. Written notice of all public hearings before the City Council on drilling and re-drilling permits shall be sent to owners of real property lying within five hundred feet (500') of the proposed well-hole, such notice to be given not less than ten (10)days before the date set for hearing, to all such owners who have rendered their said property for City taxes as the ownership appears on the last approved City tax roll. Section 3. That Chapter 19, Section 19-10,of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 19-10. Minimum distance of well hole from occupied structure. In each case of drilling or redrilling,the distance from any well-hole to any occupied structure shall be a minimum of three hundred feet(300') , unless permittee obtains written consent from the owners and tenants of said occupied structure and furnishes said written consent to the building official prior to issuance of said permit. All applicants for drilling or redrilling permits with a well-hole distance between three hundred feet (300') to five hundred feet(500')to any occupied structure shall be reviewed in accordance with Section 19-3 herein. Section 4. That Chapter 19, Section 19-11, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 19-11. Minimum distance of storage tank in conjunction with well from occupied structure. In each case the distance from any storage tank or tanks in conjunction with any well to any occupied structure shall be a minimum of three hundred feet (300'). Tanks located at a distance between three hundred feet (300')to five hundred feet (500')to any occupied structure shall be reviewed in accordance with Section 19-3 herein. Section 5. That Chapter 19, Section 19-58, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 19-58. Violations; suspension or revocation of permit, appeals. Any permit may be suspended or revoked for any material violation of the conditions of the permit by the permittee or for persistent violation of any law by the permittee in the operation of any such well. The building official shall not revoke any permit without first giving the permittee ten (10) days' written notice of the nature of the violations and of the intention to revoke such permit. Permittee shall at once cease drilling or seismic testing operations after receipt of notice of intent to revoke this permit. If, within such ten (10)day period, the permittee requests a hearing before the building official, the building official shall grant such hearing within fifteen (15) days after the date of such request. At such hearing, evidence shall be presented to establish to the satisfaction of the building official the extent and nature of the violation which constitutes grounds for the revocation, and permittee shall be given an opportunity to cross-examine all witnesses testifying at such hearing. The permittee shall thereafter be permitted at that hearing, or at a continued hearing, if a continuance is requested by the permittee, to present evidence to disprove or explain such alleged violations. The building official shall thereupon, after hearing all the evidence, determine whether or not the permit should be revoked, and his determination thereon shall be final. If the building official determines that the permit should be revoked, permittee may appeal the decision of the building official to the City Council. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, orthe application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of March, 2009. AW AW f� Mayor Becky Ames - t ,i1 /��