Parker |
Municipal Code |
Title 13. Land Development Ordinance |
Chapter 13.14. Uses by Special Review—Oil and Gas |
§ 13.14.040. Use by special review required.
(a)
New oil and gas facilities.
(1)
It shall be unlawful for any person to drill any exploration hole, oil or gas well, accessory equipment or structure within the corporate limits of the Town, unless a use by special review has been obtained pursuant to this Chapter. A separate use by special review shall be required for each well, production facility or accessory equipment or pumping system that has not been previously issued under this Chapter, except as outlined in Paragraph (a)(4) and Subsection (b) below.
(2)
If more than one (1) well or production facility is proposed at the same time, the applicant may submit one (1) application for multiple wells and facilities; however, a separate fee shall be required for each well or production facility included in the application. The Town will issue a multiple oil and gas operations permit that notes the name and location of each well or production facility.
(3)
Any such permit issued pursuant to this Chapter shall encompass within its authorization the right for the operator, his or her agent, employee, subcontractor or independent contractor or any other persons to perform that work necessary in the drilling, completion or maintenance operations.
(4)
Tanks, heaters, separators and accessories. For the purpose of this Chapter, the installation of tanks, heaters, separators and other accessory equipment shall be construed as extensions to oil and gas wells and shall accordingly be subject to the same applications, review, regulations and standards. The application for these accessory uses when intended to be installed at the same time as the oil or gas well may be merged with an application for an oil or gas well use by special review and shall not require an additional permit fee.
(b)
Modification to existing well sites or production facilities.
(1)
When a well, well site or production facility is existing with an approved use by special review use, any twinning, deepening or recompleting of a well and relocation of accessory equipment or gathering lines and transmission lines does not require a new permit, so long as all applicable regulations of this jurisdiction and the State are met, and the operator shall submit a revised site and operating plan to the Town depicting any changes from the approved use by special review. This is an administrative approval and does not require any additional public hearings. Upon receipt of the amended site plan and operating plan, the Town shall issue an existing use site plan order as provided in Section 13.14.070 of this Chapter.
(2)
If any changes are made to a legal nonconforming well or a well to which an existing use site plan order has been issued, i.e. : twinning, deepening or recompleting of a well, or relocation of accessory equipment or gathering lines and transmission lines occurs, the operator shall apply for a use by special review.
(3)
When a use by special review has been granted for a well, reentry of such well for purposes of sidetracking, deepening, recompleting, reworking, activating or converting the well shall not require a separate use by special review; provided, however, that such reentry shall be subject to the approval process contained in Paragraph (b)(1) above.
(4)
The use by special review is limited to the facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location which was not shown in the approved plan, the applicant must, except in a situation where additional temporary equipment is necessary for a period of fourteen (14) days or less, notify the Town of installation of such additional equipment by letter and include a site plan showing the location of the new equipment. No new use by special review is required.
(c)
Terms and conditions of the use by special review.
(1)
The term of the use by special review shall be coterminous with the State well permit issued by the COGCC. Any extension of the permit granted by the COGCC shall result in an automatic extension of the term of the Town-issued use by special review equal to the extension granted by the COGCC. A permit shall not be required for seismic surveys, unless the drilling of a seismic (shot hole), core or other exploratory hole is involved.
(2)
The use by special review shall automatically expire with the abandonment and reclamation of the associated well.
(3)
The granting of a use by special review shall not relieve the operator or owner of a well, production facility, pipeline or gathering line from otherwise complying with all applicable regulatory requirements of the Town, the State or the United States.
(4)
Within thirty (30) days after the well is completed and equipped, the applicant shall provide to the Town as-built drawings showing all facilities, pipelines, flow lines and gathering lines which the applicant has placed on the land subject to this permit. These as-built drawings shall be the same as submitted to the COGCC.
(5)
The use by special review and/or existing use site plan order required by this Chapter is in addition to any permit which may be required by any other provision of this Code or by any other governmental agency.
(6)
By acceptance of any use by special review and/or an existing use site plan order issued pursuant to this Chapter, the operator or owner of any well, production facility, pipeline or gathering line expressly stipulates and agrees to be bound by and comply with the provisions of this Chapter, and any subsequent amendments shall be deemed to be incorporated. The terms of this Chapter shall be deemed to be incorporated in any use by special review or existing use site plan issued pursuant to this Chapter with the same force and effect as if this Chapter was set forth verbatim in such use by special review or existing use site plan.
(Ord. 3.285 §1, 2011)