Ordinance No. 12,473ORDINANCE NO. 12,473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 1 "JURISDICTION AND
AUTHORITY," SECTION 1.3 "APPLICABILITY OF PROCEDURES";
DIVISION 2 "REVIEW AND DECISION-MAKING BODIES," SECTION 1.8
"SUMMARY OF REVIEW AUTHORITY"; DIVISION 3 "ADMINISTRATION
AND PROCEDURES," SECTION 1.12 "SIMULTANEOUS SUBMISSION OF
RELATED APPLICATIONS," SECTION 1.17 "APPLICATION
COMPLETENESS, " SECTION 1.18 "QUALIFIED APPLICANTS," SECTION
1.21 "PUBLIC HEARING AND NOTICE REQUIREMENTS," SUBSECTIONS
(A) "PUBLICATION FOR ZONING CASES," AND (B) "MAILING,"
SECTION 1.22 "CONTENTS OF NOTICE," SUBSECTION (B) "SIGNS" AND
TABLE 1-3 "SUMMARY OF NOTICE REQUIREMENTS," SECTION 1.23
"REQUIRED PUBLIC HEARING" AND TABLE 1-4 "REQUIRED PUBLIC
HEARINGS," AND SECTION 1.26 "REZONING, SPECIAL USE PERMITS,
DRILLING OVERLAY DISTRICT, AND ZONING TEXT AMENDMENTS,"
SUBSECTION (A) "APPLICABILITY"; ARTICLE II "USE DISTRICTS,"
DIVISION 2 "ZONING DISTRICTS," SECTION 2.09 "LAND USE TABLES,"
TABLE 2-2 "NON-RESIDENTIAL USES," AND SECTION 2.10 "LAND USE
CONDITIONS," TABLE 2-6 "USE CONDITIONS," SUBSECTION A "NON-
RESIDENTIAL CATEGORIES," SUBSECTIONS 23 "INDUSTRIAL USES,"
29 "DRILLING, OIL OR GAS OPERATIONS," 29.5 "DRILLING, OIL OR
GAS OPERATIONS," AND 34 "RESOURCE EXTRACTION"; AND ARTICLE
IV "DEFINITIONS," OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADD DEFINITIONS OF "DRILLING, OIL OR GAS
OPERATIONS," "DRILLING SITE," "ENVIRONMENTAL ANALYSIS,"
"ENVIRONMENTALLY SENSITIVE AREA," AND "GOOSE CREEK OIL
FIELD" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO ADD NEW SECTIONS TO BE NUMBERED AND ENTITLED SECTION
1.26.5 "SPECIAL USE PERMIT FOR DRILLING OIL OR GAS OPERATIONS
IN HI DISTRICT" AND SECTION 1.27.5 "EXCLUSION CERTIFICATES FOR
DRILLING, OIL OR GAS OPERATIONS"; AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE II, "USE DISTRICTS,"
DIVISION 2 "ZONING DISTRICTS," SECTION 2.06 "SPECIAL PURPOSE
DISTRICTS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW SUBSECTION TO BE NUMBERED AND ENTITLED
SUBSECTION (C) "DRILLING OVERLAY DISTRICT ("DOD")";
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND
CONDITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION
2.085 "DRILLING OVERLAY DISTRICT"; AND AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 2 "OPERATIONAL
PERFORMANCE STANDARDS" SECTION 3.08 "STANDARDS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW
SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (F)
"DRILLING, OIL OR GAS OPERATIONS" TO PROVIDE FOR DRILLING,
OIL OR GAS OPERATIONS IN A DRILLING OVERLAY DISTRICT OR A
HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL USE PERMIT AND TO
PROVIDE STANDARDS FOR REVIEW AND APPROVAL OF SUCH
DRILLING, OIL OR GAS OPERATIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
WHEREAS, the City of Baytown ("City") has a long history of drilling, oil or gas
operations, and has oil and gas reserves located within its city limits, as recognized in the
Baytown 2025 Comprehensive Plan; and
WHEREAS, the City recognizes and respects private property rights, and adopts
regulations that strike a balance between the rights of property owners to make reasonable use of
their property and the rights of other property owners to be protected from the adverse impacts of
nearby uses, including noise, odor, dust, declination in property values; and
WHEREAS, drilling, oil or gas operations are currently being conducted in and around
Baytown; and
WHEREAS, technological advances and energy related issues have led to an increase in
interest of the exploration and production of oil in the City; and
WHEREAS, drilling, oil or gas operations involve and impact the City's infrastructure
and environment, including, but not limited to, noise issues, road repair issues due to extensive
use of heavy equipment, drilling site security, visual impacts, the ability of local emergency
management teams to respond to spills, containment, venting, or other potential emergency or
hazardous material situations, and other regulatory issues; and
WHEREAS, in November 2012, the City Council directed staff to begin a review of the
oil and gas regulatory process, and bring back recommended changes to the Unified Land
Development Code ("ULDC") and related ordinances of the City; and
WHEREAS, following the drafting of proposed revisions, the City staff met with
stakeholders and conducted workshop(s) with the Planning and Zoning Commission; and
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WHEREAS, the Planning and Zoning Commission conducted two public hearings on
November 19, 2013, and December 17, 2013; and
WHEREAS, the public hearings were designed as an opportunity for the public,
including oil and gas drilling operators and residents, to provide detailed feedback, if any, on the
revisions to the ULDC; and
WHEREAS, a public hearing was held before the City Council on January 23, 2014, at
which time additional public input was received; and
WHEREAS, the City's comprehensive plan envisions (i) a balance between residential
and industrial development supported by quality infrastructure and transportation systems; (ii)
diverse uses co -existing in a compatible manner with stable neighborhoods, viable commercial
centers and a healthy industrial economy; and (iii) transitioning land uses gradually to minimize
conflicts between low intensity residential uses and high intensity commercial or industrial uses;
and
WHEREAS, there is an abundance of reports, studies, information and data about the
effects of drilling, oil or gas operations on the public health, safety and welfare, and these have
been considered and have assisted the City Council in establishing these regulations; and
WHEREAS, the Texas Constitution, the City's Charter, and various state laws, including
Chapter 211 of the Texas Local Government Code, provide various methods and processes
through which land uses, structures, businesses and related activities may be regulated, which
authority is utilized herein; and
WHEREAS, after extensive review, public hearings and public comments, this ordinance
has been considered and adopted in furtherance of the health, safety and welfare of the citizens
of the City of Baytown, with due respect for the property rights accorded to land and mineral
owners in law; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true and such recitals are hereby approved and made a part of this Ordinance for all purposes
and are adopted as a part of the judgment and findings by the City Council of the City of
Baytown, Texas.
Section 2: That Appendix A "Unified Land Development Code," Article I "General,"
Division 1 "Jurisdiction and Authority," Section 1.3 "Applicability of procedures" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
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Article I. General
Division 1. Jurisdiction and Authority
Sec. 1.3 Applicability of procedures.
Table 1-1 shows the review procedures, applications and permits that apply in the city.
Table 1-1. Applicability of procedures.
Section 3: That Appendix A "Unified Land Development Code," Article I "General,"
Division 2 "Review and Decision -Making Bodies," Section 1.8 "Summary of review authority"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
Article I. General
Division 2. Review and Decision -Making Bodies
Sec. 1.8 Summary of review authority.
Table 1-2 summarizes the review and decision-making authority of each review body for
the city concerning the provisions of this ULDC.
Table 1-2. Summary of review authority.
Administrative Appeal (Zoning)
X
Interpretation of Text
X
Special Exception
X
Special Use Permit
X
ULDC Zoning Text Amendment
X
Zoning Decision Appeal
X
Zoning Map Amendment (Rezoning, Overlay)
X
Zoning Variance
X
Section 3: That Appendix A "Unified Land Development Code," Article I "General,"
Division 2 "Review and Decision -Making Bodies," Section 1.8 "Summary of review authority"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
Article I. General
Division 2. Review and Decision -Making Bodies
Sec. 1.8 Summary of review authority.
Table 1-2 summarizes the review and decision-making authority of each review body for
the city concerning the provisions of this ULDC.
Table 1-2. Summary of review authority.
DM = Decision Maker
*Reference regulations of this ULDC that define when the director is the decision maker.
Section 4: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.12 "Simultaneous submission of related
applications" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.12 Simultaneous submission of related applications.
Submission of a variety of applications related to the same development usually proceeds
in the following sequence, which may be varied and could include additional permits not listed in
this section:
1. Comprehensive plan amendments,
2. Zoning map amendments,
3. Special use permit,
4. Drilling permit,
5. Preliminary plat,
6. Engineering report for public improvements,
7. Final plat,
8. Special exceptions,
9. Variances,
10. Site plan review,
11. Floodplain permits,
12. Storm water permits,
13. Watershed protection permits, and
14. Inspections.
Section 5: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.17 "Application completeness" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.17 Application completeness.
A determination of application completeness shall be made by the director no more than
ten business days after submittal of the application. If the application is determined to be
incomplete, the director shall notify the applicant in writing within five days of completing the
completeness review. The city shall exercise the authority granted under V.T.C.A., Local
Government Code ch. 245 to perform such reviews within the ten-day window and to allow the
applicant 45 days in which to respond. While awaiting the requested information, any time
limitations within which the city must process the application shall be tolled. If the applicant's
response time exceeds the 45 -day period, then the application expires; and to proceed, the
applicant shall begin the process again with a new application. The completeness review set forth
herein applies to all applications identified in table 1-1 of this ULDC. Determination that an
application is complete does not preclude any negative final action and does not include any
implied determination that the application successfully meets any review criteria. The
development manual shall contain a checklist for all application types. Completeness reviews
shall rely on the ULDC provisions as well as the checklists and V.T.C.A Local Government
Code, ch. 245.
Section 6: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.18 "Qualified applicants" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.18 Qualified applicants.
(a) Application on behalf of the city for zoning map amendments or text amendments shall
be made by the mayor, the city council, a member of the city council or the city manager.
Only qualified applicants referenced in this subsection may request text amendments.
(b) Except as provided in subsections (a), (c) or (d) of this section, applications for zoning
map amendments, variances, special exceptions, and special use permits shall be made by
a property owner and shall include the name and signature of the current property
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owner(s) of all properties within the boundaries of the application. Property owner(s)
may be represented by an agent designated in writing by the property owner(s).
(c) Applications for special use permits associated with drilling, oil or gas operations shall be
made by any mineral interest owner with the legal right to drill on the property that is the
subject of the application. Mineral interest owner(s) may be represented by an agent,
designated in writing by the mineral interest owner(s).
(d) Applications for drilling overlay districts shall be made by the mayor, the city council, a
member of the city council or the city manager.
Section 7: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.21 "Public hearing and notice
requirements," Subsections (a) "Publication for zoning cases," and (b) "Mailing" of the Code of
Ordinances, Baytown, Texas, are hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.21 Public hearing and notice requirements.
Unless otherwise specified in the procedures of this article, public hearings and notices
shall be governed by the provisions of this article. Required notice shall be provided for
applications shown in table 1-3. Public notice of hearings held pursuant to this ULDC shall be
given as follows:
(a) Publication for zoning cases. Whenever this ULDC requires a public hearing for a
special use permit, ULDC text amendment related to zoning, zoning variance or special
exception or zoning map amendment, including the designation of a drilling overlay
district, before the planning and zoning commission or the board of adjustment, notice of
a public hearing on the application shall be published in a newspaper of general
circulation in the city at least 11 days before the public hearing. Whenever this ULDC
requires a public hearing before the city council, notice of a public hearing on the zoning
application shall be published in a newspaper of general circulation in the city at least 16
days before the public hearing.
(b) Mailing.
(1) Notice of required public hearings for a special use permit, zoning variance or
special exception or zoning map amendment, with the exception of applications
for a special use permit for drilling, oil or gas operations or a designation of
drilling overlay district, shall also be sent by mail to owners of land within 300
feet of the lot lines of the land that is the subject of the application.
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(2) For applications for a drilling overlay district or a special use permit for drilling,
oil or gas operations, notice of required public hearings shall be sent by mail to:
a. owners of land on which the drilling, oil or gas operations are proposed to
occur;
b. owners of land over which the drilling overlay district is proposed; and
C. owners within 750 feet of the property line of the property on which
drilling, oil or gas operations are proposed to occur or the boundary of the
overlay district, whichever is applicable.
Section 8: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.22 "Contents of notice," Subsection (b)
"Signs" and Table 1-3 "Summary of notice requirements" of the Code of Ordinances, Baytown,
Texas, are hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.22 Contents of notice.
(b) Signs. Signs required pursuant to subsection 1.21 (c) shall at least indicate the following:
(1) The property and/or neighboring properties, as applicable, are the subjects of a
development permit;
(2) The city's website address; and
(3) The contact point for additional information.
Table 1-3. Summary of notice requirements.
Procedure
Administrative Appeal (Zoning)
Published
X
IN11.1iled
X
Si(IIIS
Website
X
Special Exception
X
X
X
X
Special Use Permit
X
X
X
X
ULDC Zoning Text Amendment
X
X
Zoning Map Amendment (Rezoning, Overlay)
X
X
X*
X
Zoning Variance
X
X
X
X
X = Notice Required
X* = Notice Required Subject to Section 1.21(c).
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Section 9: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.23 "Required public hearing" and Table
1-4 "Required public hearings" of the Code of Ordinances, Baytown, Texas, are hereby amended
to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.23 Required public hearing.
Table 1-4 identifies the types of applications requiring a public hearing and the review
body responsible for conducting the hearing.
Table 1-4. Required public hearings.
Planning &
Board of Zoning city
Application Adjustment Commission Council
Administrative Appeal (Zoning) X
Special Exception x
Special Use Permit X X
ULDC Zoning Text Amendment X X
Zoning Map Amendment (Rezoning, X X
Overlay)
Zoning Variance X
X = Public Hearing Required
Section 10: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.26 "Rezoning, special use permits, and
zoning text amendments," subsection (a) "Applicability" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.26 Rezoning, special use permits, and zoning text amendments.
(a) Applicability. This process is used for review and consideration of rezoning, zoning text
amendments, and special use permits, excluding special use permits addressed in section
1.26.5 and overlay districts addressed in section 2.085.
Section 11: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures" of the Code of Ordinances, Baytown, Texas, is
hereby amended to add a new section to be numbered and entitled Section 1.26.5 "Special Use
Permit for drilling, oil or gas operations in HI district," which section shall read as follows:
Article I. General
Division 3. Administration and Procedures
Sec. 1.26.5 Special use permit for drilling, oil or gas operations in HI district.
(a) Applicability. This section provides for review and consideration of applications for
authorization for drilling, oil or gas operations in an HI zoning district. A special use
permit for drilling, oil or gas operations is intended to provide for the extraction of oil or
gas minerals only.
(b) Application. An application for a special use permit shall be made consistent with this
ULDC and submitted to the director. Application forms shall be supplied by the director
and shall include or be accompanied, at a minimum, by the following at the time of
submission to the director:
(1) General information.
a. The names, titles, contact information (telephone and email), and
addresses of the applicant. The applicant may be any mineral interest
owner with the legal right to drill on the property which is the subject of
the application. If the applicant is a corporation, the state of incorporation;
and if any is a partnership, the names and addresses of the general
partners; and the names, titles, addresses, telephone numbers, and email
addresses of the surface owners;
b. The names, titles, contact information (telephone and email) and addresses
of the principal contact;
C. the names and addresses of all owners of land on which the drilling site is
located;
d. A legal description prepared by a state licensed registered professional
land surveyor of the property to be used for the drilling, oil or gas
operation, including the parcel and drilling site and name of the geologic
formation. If the property has been platted, the description shall also
reference the subdivision, block and lot numbers;
e. a plat meeting the requirements of section 62-59 (11)(a) of the code;
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f. A list detailing all anticipated and already executed permits required by
any level of government regarding injected materials, wetlands or
environmental, and hazardous materials, and the current status of those
applications or permits; and
g. A notarized copy of a signed waiver of the setback requirements contained
in section 1.26.5(c)(10) evidencing that the surface owner agrees to a
lesser setback if applicable; and
h. A statement affirming the right of the applicant to perform drilling, oil or
gas operations on the property described in the application.
(2) Plans. All of the following plans shall be prepared by a qualified individual, in
compliance with applicable general engineering or industry standards and
maintain or further the public health, safety and welfare of the city and must be
approved by the director before drilling, oil or gas operations may commence
within the city:
a. Site plan;
b. Transportation plan;
C. Drainage and grading plan;
d. Noise management plan;
e. Photometric plan;
f. Environmental plan;
g. Water protection plan;
h. Screening and vegetative buffer plan; and
L Restoration plan.
(3) Other documentation.
a. Work schedule, indicating how many hours, and during what times,
drilling or other equipment is expected to be operating during construction
activities, and how long this period will be.
b. Either:
1. A copy of all documents submitted to any state agency specifically
related to, but not limited to, the depth of useable quality ground
water, and the anticipated impacts of the drilling activities on such
ground water, the impact on the city's ground water supply wells,
the groundwater protection determination issued by the state
agency and other related determinations; or
2. A sworn statement by the applicant and its engineer, certifying that
the determination by the state agency required hereinabove is not
required.
C. All forms submitted to and, if approval has been secured, approval by the
state railroad commission, and all reports required by state agencies..
d. Leak detection and compliance plan to include steps for monitoring and
quarterly reporting.
e. Other information for various permits required by the city based upon
provisions of the code of ordinances generally applicable to development
activities, including, but not limited to, chapters 18, 34, 62, 98, 122 and
126.
f. Any additional information requested by the director if the director
determines that such information is necessary for a determination
regarding whether the application meets the requirements of this ULDC.
(4) Technical expert fees.
a. Additional fees for technical experts. When a special use permit is
required to comply with the provisions of this ULDC and when the
technical information provided by the applicant is beyond the technical
capacity of the city staff to review the application, or the city wishes to
secure additional expertise, in addition to the application fee, the applicant
shall reimburse the city for the actual cost to the city for the services of a
technical expert(s) to review the application. The director shall notify the
applicant in writing at least 10 calendar days, with an estimate of costs,
prior to hiring a technical expert so that the applicant has the opportunity
to withdraw its application or provide feedback on the hiring of the
technical expert.
b. Escrow of additional fees. If additional costs are estimated to be in
excess of $2,000.00, the applicant shall be required to escrow funds with
the city for the payment of costs. The director shall advise the applicant of
the amount to be placed in escrow, and the applicant shall have ten (10)
days to remit a certified check in the amount to the director, who shall
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deposit same with the Finance Department, and the funds will be
separately tracked. Any city approval periods required by this ULDC are
tolled until all fees, including escrow funds, are received by the city.
C. Failure to submit fees. Failure to submit all fees as required shall result in
the application being deemed incomplete.
(c) Application details; standards. The director shall determine whether the information
required by this section has been provided by the applicant. Additionally, the plans
contained in this subsection must be approved by the director before a special use permit
is issued.
(1) Site plan. Applicant shall submit a site plan containing the following information
at a minimum:
a. The boundaries of the entire drilling site, all pipelines, and all
appurtenances to be located on the proposed site, showing adequate access
to the site from a city approved access point by means of a public street
constructed in accordance with city specifications or, alternatively, a fire
apparatus access road built in accordance with the code of ordinances, the
building code and the fire code;
b. The route, location, and depth of all existing and proposed pipelines and
other improvements related to drilling, oil or gas operations, including, but
not limited to, structures, tanks, pipelines, roads, streets and highways;
C. The location and description of all uses, improvements, structures and
topographic features (including floodplain information, as well as
vegetation, wildlife, creeks) within seven hundred fifty (750) feet of the
proposed drilling site;
d. All existing utilities, public or private driveways, alleys, roads, streets and
highways, and all public or private access points and all restricted ingress
and egress points;
e. The location of existing natural and manmade storm water facilities and
significant natural features, such as, but not limited to, canals, and
agricultural areas;
f. Proposed wastewater facilities and points of discharge, including grading
and engineering plans sufficient to confirm that discharge will not be into
any waterways;
g. Proposed landscaping and screening buffers;
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h. The location and dimensions of all curb cuts, parking and loading areas,
pedestrian walks, lighting facilities, and outdoor trash storage facilities;
and
i. All information required in this subsection shall be shown on the site plan
documents to a scale specified by the director.
(2) Transportation plan. Applicant shall submit a transportation plan for the site that
identifies all routes proposed for equipment and product travelling to and from the
site, and shall include the following information:
a. Video and photograph documentation of the current traffic flow and
condition of current roads, streets and highways, which may be used to
fulfill the video requirement for the infrastructure maintenance agreement
in chapter 62;
b. The proposed vehicle routes and public roads, streets and highways to be
utilized for the transport of equipment, chemicals or waste products,
hazardous or otherwise, related to the drilling, oil or gas operations;
C. The design characteristics of each public road, street and highway, the
empty and full weights of vehicles to be utilized for construction or
product hauling purposes, the number of trips per day that are expected,
and the number of days such travel is expected;
d. The routes must be shown to have the capacity to handle the amount and
type of additional traffic using Institute of Transportation Engineers
published standards or equivalent as acceptable to the city engineer, be
approved by the city engineer, comply with the code of ordinances and be
in accordance with general engineering practices;
e. A signage element detailing the approved routes and compliance measures
that shall include:
(1) a statement that the applicant shall require all drivers of
commercial vehicles to utilize only the approved routes; and
(2) a statement that signage will be erected in a location visible to all
drivers entering and exiting the site and shall be in place prior to
the start of operations through completion of the termination of
operations; and
f. traffic impact analysis if the director determines that such analysis is
necessary based upon number, timing or duration in days and hours of
peak trips, location of the drilling site and proposed routes, or that the
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proposed route is not appropriate based on the road, street, and highway
characteristics, weights of vehicles, and number of trips.
(3) Drainage and grading plan. Applicant shall submit a drainage and grading plan
showing the changes to the drilling site expected from the applicant's proposed
activities, and how the drainage impacts will be managed. Grading, erosion
control practices, sediment control practices, and waterway crossings shall meet
the design criteria set forth in the construction regulations of chapters 18, 34, 98,
122 and 126 of the code, shall be adequate to prevent transportation of sediment
from the site, and shall use techniques that retain natural vegetation and retain
natural drainage patterns to the satisfaction of the city engineer. Applicant shall
not channelize, pave or otherwise straighten out any channel and shall remove
only sufficient vegetation within any channel to allow it to carry the proposed
capacity. Adequate drainage for a 100 -year storm event shall be provided within
the limits of the drilling site as approved by the city engineer, and shall be
designed to utilize existing drainage patterns, and prevent off-site migration of
water, silt or sediment.
(4) Noise management plan. Applicant shall submit a noise management plan
detailing how the equipment used in the drilling, completion, transportation, or
production of a well and all on-site appurtenant facilities complies with the city's
maximum permissible noise levels, as permitted by chapter 34, article VII of the
code of ordinances and the ULDC. The noise management plan must:
a. Identify all noise impacts expected by the operation, in both decibel levels
and expected duration of the noise, from the nearest property line of a
dwelling unit, multifamily dwelling, place of assembly, hospital, school or
park to the proposed drilling site;
b. Identify the person responsible for submitting noise compliance reports in
response to a noise complaint;
C. Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including, but not limited,
to the following:
1. Nature and distance, in feet, of adjacent development, location,
and types of land uses;
2. Seasonal and prevailing weather patterns, including wind
directions;
3. Vegetative cover on or adjacent to the site;
4. Topography, as shown on a topographical map with a 2' interval;
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5. Operation and site noise management measures, which may
include, but not be limited to, the use of critical grade mufflers on
generators and motors; the use of structural noise curtains, walls,
or enclosures; and best management practices by limiting or
eliminating noisier operations, such as tripping, deliveries of pipe,
casing and heavy loads, the use of horns for communication, and
the operation of vehicle audible back-up alarms at night; and
6. Identify the location of noise blankets, sound walls or other
applicable noise mitigation effects around the operations site.
Noise mitigation shall be required during all drilling, hydraulic
fracturing and production operations if construction level sound
limits are anticipated to be exceeded.
(5) Photometric plan. Applicant shall submit a photometric plan depicting the
general plan for lighting the facility that illustrates how spillover onto adjacent
properties and all public rights-of-way will be limited by directional or shielded
lighting without compromising the safety and security of the site. The plan must
demonstrate compliance with the light and glare standards set forth in section 3.08
of this ULDC.
(6) Environmental plan. Applicant shall submit an environmental analysis, prepared
pursuant to and in compliance with applicable state agency standards, and chapter
34, article VIII and chapter 110 of the code if:
a. any wetlands or other environmentally sensitive area is identified or
known within the proposed drilling site, or
b. any drilling, oil or gas operation is proposed on land in the 100 -year
floodplain, flood fringe, or floodway as designated by FEMA, or any
watershed protection area designated by the city.
(7) Screening and vegetative buffer plan. If any well or appurtenance is three feet or
more in height measured from finished grade and within 300 feet, measured from
the property line, of an adjacent use, which is not a drilling, oil or gas operation,
located on property zoned SFE, SF1, SF2, MF1, MF2, MF3, UN, MU, LC, ACE,
or OR, or of a public right-of-way, landscaping, buffering and screening must be
in accordance with the following as well as the screening standards in this ULDC:
a. The screening plan shall include a wall around the drilling site, a
minimum of eight (8) feet in height, but not to exceed ten (10) feet in
height, that shall be designed to enclose all planned or completed wells,
tanks and compressors. Construction of this enclosure must be completed,
and inspected and approved, a minimum of one day prior to the date the
16
first well goes into production. The enclosure shall be constructed of
brick, stone, or hardiplank materials.
b. One side of the enclosure shall be equipped with at least one (1) gate,
which is at least 24' wide. If two (2) gates are used, gates shall latch and
lock in the center of the span.
1. The gate shall be of metal frame and solid material, such as wood,
wooden veneer, hardiplank, or plastic wood construction;
2. The gate shall be provided with a combination catch and locking
attachment device for a combination padlock, and shall be kept
locked except when being used for access to the site; and
3. Applicant must provide the City Fire Marshal with a "Knox
Padlock" or "Knox Box with a key" to access the well site to be
used in case of an emergency.
C. The buffer plan shall be consistent with the district compatibility standards
specified in section 3.14 of the ULDC except if the standard is in conflict
with this subsection.
(8) Restoration plan. Applicant shall submit a plan to be implemented after
completion of drilling to restore the entire drilling site, except for those areas on
which a well or appurtenance is located as shown on the site plan, to pre-
operation conditions. The plan shall include the following information:
a. A re -grading plan to return the site to pre -drilling contours;
b. A replanting plan to replace removed or damaged vegetation, which plan
shall include planting native grasses, and tree replacement to achieve a
canopy and stabilization of soil equivalent to the site's pre -drilling
condition within 5 years;
C. Removal of all above ground improvements and waste disposal methods;
d. Measures for the control of surface water drainage and water
accumulation, measures to be taken during the reclamation process, both
onsite and offsite, and for the protection of the quantity and quality of
surface and groundwater systems. Identify conveyance methods and
easements to be used;
e. A statement of all lease requirements regarding post -drilling conditions
along with a statement of compliance with such requirements; and
17
f. Information for other professional practices performed in the normal
course of drilling operations, or otherwise necessary to ensure all
disturbed areas will be reclaimed.
The surface owner can waive in writing the restoration requirements detailed in
subsections (c)(8)b and (c)(8)c of this section. A notarized copy of the signed
waiver must be submitted to the director.
(9) Operation Hours. Site development and construction activities associated
with drilling oil or gas operations shall be conducted only between 7:00 a.m. and
7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on
Saturday and Sunday, and will be considered "construction activity" for purposes
of compliance with chapter 34, article VII of the code. Notwithstanding the time
limitations herein and in chapter 34, article VII of the code, drilling will be
allowed to run the appropriate equipment 24 hours a day, seven days a week,
during the initial drilling and reworking of the well. Truck traffic associated with
drilling and/or production, well servicing, site preparation, delivery or removal of
equipment and materials, and all related work conducted on the drilling site shall
be limited to the same work hour restrictions identified above except in cases of
fires, blowouts, explosions, and any other emergencies.
(10) Location restrictions. The proposed well and associated appurtenances cannot be
closer than the following, unless (i) a notarized setback wavier is provided by the
surface owner(s) and incorporated into the special use permit approved by council
or (ii) the city council determines a lesser setback is required to provide
reasonable access to the oil and gas and includes that lesser setback in the special
use permit:
a. 750 feet from the following:
1. any structure designed or used for human occupancy associated
with any dwelling unit, multifamily dwelling, place of public
assembly, hospital building, and school,
2. the property line of a public park or public recreational space, or
3. any public or private water well, unless a private water well is
associated with drilling, oil or gas operations;
b. (i) 100 feet from the nearest public easement or nearest local street as
designated in the city's major thoroughfare plan, (ii) 1,000 feet from the
nearest state right-of-way, and (iii) 500 feet from the nearest collector or
arterial as designated in the city's major thoroughfare plan;
18
C. 200 feet from the shoreline of a water body appearing in the city's
watershed protection map as measured by the mean high water level for
the affected water body; and
d. 50 feet from the nearest property line of a private recreation space.
(d) Planning and zoning commission review.
(1) Recommendation for approval or approval with conditions. The planning and
zoning commission shall make a written recommendation to the city council to
approve or approve with conditions a special use permit for drilling, oil or gas
operations that meets all requirements of this ULDC, the code of ordinances, and
the following conditions:
a. all of the required information has been submitted by the applicant and the
standards required in subsection (c) have been satisfied;
b. the use will be compatible with and not injurious to the use and enjoyment
of adjacent property or property immediately across the street, and will not
significantly diminish or impair property values within the immediate
vicinity in any way, and will not adversely affect an environmentally
sensitive area;
C. the use will not impede the normal and orderly development and
improvement of surrounding property;
d. adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided as determined by city standards;
e. adequate nuisance prevention measures have been or will be taken to
prevent or control offensive odor, fumes, dust, noise and vibration;
f. sufficient landscaping, screening, setbacks and other land use measures to
ensure harmony and compatibility with adjacent property; and
g. the use is in accordance with the comprehensive plan, other adopted city
plans, and is substantially consistent with the purposes and intent of the
city's codes.
(2) Recommend denial. The planning and zoning commission shall make a written
recommendation to the city council to deny a request for a special use permit for
drilling, oil or gas operations if the application and use fail to meet all of the
requirements of this ULDC, the code of ordinances, and the conditions contained
in this section.
M
(e) City council action.
(1) Approval or approval with conditions. After receipt of the planning and zoning
commission's recommendation and the requisite public hearing, the city council
shall approve or approve with conditions an application that meets all
requirements of this ULDC, the code of ordinances, and the conditions contained
in this section.
(2) Denial. The city council shall deny a request for a special use permit if the
application and use fail to meet all of the requirements of this ULDC, the code of
ordinances, and the conditions contained this section.
(f) Expiration of special use permit. If no substantial work is being performed on the site for
a continuous period of one year, or if a use allowed pursuant to a special use permit is
discontinued for a continuous period of one year, then the special use permit and all
related approvals or permits shall expire and be of no further force and effect. The
applicant may apply to city council for an extension of time, for a period of up to one
year. Such request must evidence good cause for the delay.
(g) Requirement to notify of changed information/enforcement action. An applicant or
permittee has a continuing obligation to update the director of any additional information
related to the permitted drilling, oil or gas operations. This includes any changes to any of
the items included in the original application and outlined in Section 1.26.5(b) and (c).
The director must further be notified by the applicant or permittee of any complaints or
enforcement action by any governmental entity and the outcome of such investigations.
Information regarding complaints or enforcement by another governmental entity shall be
provided to the director within ten days of receipt by the permittee or applicant.
(h) Revocation of special use permit. The director may revoke the special use permit if it is
determined that any of the following are true:
(1) The applicant misrepresented any material fact on its application or supporting
materials;
(2) The special use fails or ceases to comply with the applicable standards, conditions
or criteria for issuance of a permit;
(3) The operation of the special use violates any statute, law, ordinance or other
regulation;
(4) Applicant or permittee fails to notify the director of changed
information/enforcement action as required in subsection (g) of this section; or
(5) The operation of the special use constitutes a public nuisance or poses a real or
potential threat to the health, safety, or welfare of the public.
20
(i) Appeal of special use permit revocation. The permittee may appeal a revocation to the
city council. The permittee must file a written appeal with the city clerk within ten (10)
days of the director's decision to revoke the special use permit, and must include detailed
reasons, and grounds for the appeal. The permittee must show that the director made
decisions based upon incorrect or incomplete data.
Section 12: That Appendix A "Unified Land Development Code," Article I "In
General," Division 3 "Administration and Procedures" of the Code of Ordinances, Baytown,
Texas, is hereby amended to add a new section to be numbered and entitled Section 1.27.5
"Exclusion certificates for drilling, oil or gas operations," which shall read as follows:
ARTICLE I. IN GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.27.5. Exclusion certificates for drilling, oil or gas operations.
(a) Exclusion determination. Drilling, oil or gas operations that have commenced before
February 23, 2014, may be allowed to continue where an exclusion certificate has been
issued by the director. In order to obtain such a certificate, the applicant shall provide the
director:
a hazardous materials management plan meeting the requirements in
chapter 62 of this code.
2. a risk management plan meeting the requirements in chapter 62 of this
code;
3. a valid drilling permit for each well previously issued by the city in
accordance with chapter 62 of this code, or the information required in
section 2.085(c)(3) of this article and sections 62-59 and 62-64 of the code
with the exception of Section 62-59 (10) and (11); and
4. copies of all current state permits, and those in effect prior to February 23,
2014, including state agency documentation establishing the date of initial
and most recent operations of each well, tank, or other improvement.
(b) Application period. Application for an exclusion determination shall be made within 365
days of February 23, 2014, or the operations shall be considered abandoned, be
considered a new project, and shall require compliance with all terms and conditions of
this code.
(c) Decision of director. Exclusion determinations shall be based on the written materials
submitted to the director, and the materials shall be reviewed and evaluated by the
21
director and other staff as necessary. The director shall issue a determination letter after a
review of the information submitted in subsection (a). Upon a determination of pre-
existing drilling, oil or gas operation, an exclusion certificate shall be issued and the site
where the pre-existing operation occurs shall be registered with a record of the evidence
presented, the date of determination, and the scope of the exclusion.
(d) Effect of Exclusion Determination. The director's determination as to the pre-existing
operations of any individual well shall only address issues of location for purposes of
compliance with the ULDC. The director's determination cannot waive any requirements
for upgrading of equipment or compliance with federal, state or national fire or safety
codes.
Existing drilling, oil or gas operations shall be allowed to continue if an exclusion
certificate has been issued accordance with section 1.27.5(c), provided, however, that any
new well, tank, or appurtenance that has not previously been developed for drilling, oil or
gas operations shall be considered a new project, and shall require either a special use
permit if in an HI zoning district or the establishment of a DOD if within the Goose
Creek Oil Field, and compliance with all terms and conditions of any new regulations.
Section 13: That Appendix A "Unified Land Development Code," Article II, "Use
Districts," Division 2 "Zoning Districts," Section 2.06 "Special purpose districts," of the Code of
Ordinances, Baytown, Texas, is hereby amended to add a new subsection to be numbered and
entitled subsection (c) "Drilling overlay district ("DOD")," which shall read as follows:
Article II. Use Districts
Division 2. Zoning Districts
Sec. 2.06 Special purpose districts.
(c) Drilling overlay district ("DOD"). This district is intended to allow for designation of
an area for drilling, oil or gas operations within the Goose Creek Oil Field and provide
adequate protections for adjacent property.
Section 14: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 3 "Land use Tables and Conditions" is hereby amended to add a new section,
to be numbered and entitled Section 2.085 "Drilling overlay district," which section shall read as
follows:
Article II. Use Districts
Division 3. Land Use Tables and Conditions
22
Sec. 2.085. Drilling overlay district.
(a) Purpose. The drilling overlay district (DOD) is designed to provide for the immediate
development of land as an integral unit for drilling, oil or gas operations within the Goose
Creek Oil Field. It is the intent in such a district to ensure protection of adjacent
properties and uses, while allowing multiple drilling sites and private saltwater injection
disposal wells with defined standards and conditions. The DOD is intended for property
where exploration and production of mineral resources is scheduled to begin within a
two-year period from the date of approval; it is not intended to, and shall not be approved
where evidence is not sufficient to establish the immediacy of development, or where it
appears intended to limit any development of the surface area that might otherwise occur.
(b) Applicability. The DOD may be overlaid on the property within the Goose Creek Oil
Field with the following exceptions:
(1) Property zoned SFE, SF 1, SF2, UN, MF 1, MF2, MF3, or OR;
(2) Property on which a residence, place of public assembly, hospital building,
school, park, or a public or private water well, unless a private water well is
associated with drilling, oil or gas operations; and
(3) Property on which structures exist that are used for human occupancy other than
those associated with drilling, oil or gas operations.
(c) Application. Application for a DOD shall be made consistent with this ULDC and
submitted to the director. Application forms shall be supplied by the director and shall
include or be accompanied, at a minimum, by the following at the time of submission to
the director:
(1) The names, titles, contact information (telephone and email), and addresses of the
applicant;
(2) The names and addresses of all owners of land in the proposed drilling overlay
district according to the records of the county appraisal district;
(3) A site plan showing the boundaries of the proposed DOD with dimensions from
appropriate streets and/or landmarks. If the property has been platted, the
description shall also reference the subdivision, block and lot numbers The site
plan must show, to the extent practicable, compliance with the standards specified
in subsection (e) of this section; and
(4) The approximate location of all existing and known proposed sites for well bores,
test wells, active drilling operations, and private salt water injection disposal
wells.
23
(d) Base district. The base zoning district shall be as adopted on the city's official zoning
map. The regulations in the base zoning district shall control in the absence of drilling,
oil or gas operations.
(e) Standards.
1. Commercial salt water injection disposal wells. Commercial salt water
injection disposal wells are prohibited.
2. Setbacks. Except as otherwise approved by the city council in the creation of the
DOD, the following setback lines, wherein no activities, structures or
appurtenances in a DOD are within:
a. 50 -feet from the DOD boundary; and
b. 200 feet setback from the shorelines of Goose Creek, Tabbs Bay, and
Cedar Bayou, as measured by the mean high water level for the affected
water body pursuant to chapter 34.
No DOD boundary setbacks shall be required between DOD boundaries at points
of adjacency.
3. Screening. Screening for the 50 feet closest to any public roadway, public park,
public or private recreational space, or DOD boundary of setbacks established in
subsection (e)(2) of this section shall be required. No screening requirements shall
be required between adjacent DOD boundaries.
4. Rail service. No use utilizing rail service shall be permitted within the DOD.
5. Operation Hours. Site development and construction activities associated
with drilling, oil or gas operations shall be conducted only between 7:00 a.m. and
7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on
Saturday and Sunday, and will be considered "construction activity" for purposes
of compliance with chapter 34, article VII of the code. Notwithstanding the time
limitations herein and in chapter 34, article VII of the code, drilling will be
allowed to run the appropriate equipment 24 hours a day, seven days a week,
during the initial drilling and reworking of the well. Truck traffic associated with
drilling and/or production, well servicing, site preparation, delivery or removal of
equipment and materials, and all related work conducted on the drilling site shall
be limited to the same work hour restrictions identified above except in cases of
fires, blowouts, explosions, and any other emergencies.
(f) Planning and zoning commission recommendation.
24
(1) The planning and zoning commission shall review and make recommendations
regarding the DOD to the city council based upon the following criteria:
a. all of the required information has been submitted by the applicant and the
standards required in subsections (b) and (e) of this subsection have been
satisfied;
b. the use will not be injurious to the use and enjoyment of adjacent property
or property immediately across the street, and will not adversely affect a
bald eagle or a threatened or endangered species pursuant to the federal
endangered species act;
C. the use will not impede the normal and orderly development and
improvement of surrounding property;
d. adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided as determined by city standards;
e. adequate nuisance prevention measures have been or will be taken;
f. sufficient landscaping, screening, setbacks and other land use measures to
ensure harmony and compatibility with adjacent property; and
g. the use is in accordance with the comprehensive plan, other adopted city
plans, and is substantially consistent with the purposes and intent of the
city's codes; and
(2) Additional criteria for drilling overlay district. The planning and zoning
commission may recommend and the city council may adopt additional or revise
listed criteria or conditions for any request for a drilling overlay district that are
needed to protect the public health, safety and welfare.
(g) Approval of district. The city council may, after receiving a recommendation from the
planning and zoning commission, approve, approve with conditions or deny the creation
of a DOD based upon the criteria specified in subsection (f) of this section and standards
specified in subsections (b) and (e) of this section. The approved DOD shall be indicated
on the official zoning map of the city.
(h) Expiration of Overlay. A DOD is a zoning change and will not expire, provided the area
is in active use and permits have been issued by the city. If there is no progress on
drilling, oil or gas operations, exploration and production of mineral resources, a DOD
shall be valid for two years from the date of its approval. The council may, prior to
expiration of this approval, for good cause shown, extend for up to 12 months the time
for which the DOD is valid. Once expired, the zoning designation reverts to the
25
underlying zoning district, and all future phases for the area included in the DOD are also
expired.
(i) Requirement to notify of changed information/enforcement action. An applicant or
permittee has a continuing obligation to update the director of any additional information
related to the permitted drilling, oil or gas operations. This includes any changes to any of
the items included in the original application and outlined in Section 2.085(c). The
applicant or permitee shall promptly notify the director of any changed information or
complaints or enforcement action by any governmental entity and the outcome of such
investigations. Information regarding complaints or enforcement actions by another
governmental entity shall be provided to the director within ten days of receipt by the
permittee or applicant.
Section 15: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 2 "Zoning Districts," Section 2.09 "Land Use Tables," Table 2-2 Non-
residential uses" of the Code of Ordinances, Baytown, Texas, is hereby amended to add
"Drilling, oil or gas operations" to read as follows:
Article H. Use Districts
Division 3. Land Use Tables and Conditions
Sec. 2.09 Land use tables.
This section sets forth the land uses allowed in each zoning district. In the
following tables "P" means Permitted Use and "PC" means Permitted Use with
Conditions as set forth in the conditions tables in division 3 of this article. Where
neither a "P" nor a "PC" exists in the table, the use is prohibited. To the extent
that there is a conflict between the use tables and the conditions, the use table
controls.
Table 2-2. Non-residential uses.
Drilling, oil or gas operations PC A23, A29,
A29.5, A34,
Section 16: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 2 "Zoning Districts," Section 2.10 "Land Use Conditions," Table 2-6 "Use
conditions," Subsection A "Non-residential Categories," Subsections 23 "Industrial uses," 29
,,Drilling, oil or gas operations" and 34 "Resource extraction" of the Code of Ordinances,
Baytown, Texas, are hereby amended and the same is amended also to add a new subsection to
be numbered and entitled 29.5 "Drilling, oil or gas operations," which amended and new
subsections shall read as follows:
26
Article II. Use Districts
Division 3. Land Use Tables and Conditions
Section 2.10 Land use conditions.
This section sets forth the conditions associated with identified land uses in Section 2.05.
Table 2-6. Use conditions.
Section 17: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 2 "Operational Performance Standards" Section 3.08
"Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
subsection to be numbered and entitled (f) "Drilling, oil or gas operations," to read as follows:
KFA
All, where
These industrial uses require the issuance of a special use permit in
23
Industrial uses
permitted
accordance with section 1.26 or 1.26.5 of this ULDC, or a drilling overlay
34
Resource extraction
All, where
district in accordance with 2.085 of this ULDC.
Section 17: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 2 "Operational Performance Standards" Section 3.08
"Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
subsection to be numbered and entitled (f) "Drilling, oil or gas operations," to read as follows:
KFA
(a) A special use permit is required in accordance with section 1.26.5 of
this ULDC.
34
Resource extraction
All, where
(b) All drilling, oil or gas operations shall be separated from all adjacent
29
Drilling, oil or gas
HI
uses by opaque screening.
operations
(c) Private saltwater disposal injection wells are permitted where
approved in accordance with section 1.26.5 of this ULDC.
d Commercial saltwater injection disposal wells are not permitted.
(a) A drilling overlay district is required in accordance with 2.085 of
29.5
Drilling, oil or gas
DOD
this ULDC.
operations
(b) Private saltwater disposal injection wells are permitted.
c) Commercial saltwater injection disposal wells are not permitted.
Section 17: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 2 "Operational Performance Standards" Section 3.08
"Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
subsection to be numbered and entitled (f) "Drilling, oil or gas operations," to read as follows:
KFA
(a) Resource extraction shall be separated from all adjacent uses by
opaque screening.
34
Resource extraction
All, where
(b) Trucks must use designated truck routes.
permitted
(c) Resource extraction requires the issuance of a special use permit in
accordance with section 1.26.5 of this ULDC, or a drilling overlay
district in accordance with 2.085 of this ULDC.
Section 17: That Appendix A "Unified Land Development Code," Article III "Design
and Compatibility Standards," Division 2 "Operational Performance Standards" Section 3.08
"Standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
subsection to be numbered and entitled (f) "Drilling, oil or gas operations," to read as follows:
KFA
Article III. Design and Compatibility Standards
Division 2. Operational Performance Standards
Sec. 3.08. Standards.
Under this division the following standards shall apply:
(f). Drilling, oil or gas operations. Subsection (e) of this section shall not apply to drilling,
oil or gas operations. All drilling, oil or gas operations must be in compliance with the
code, including chapter 62 and this ULDC.
Section 18: That Appendix A "Unified Land Development Code," Article IV
"Definitions," of the Code of Ordinances, Baytown, Texas, is hereby amended to add definitions
of "drilling, oil or gas operations," "drilling site," "environmental analysis," "environmentally
sensitive area," and "Goose Creek Oil Field," which definitions shall read as follows:
Article IV. Definitions
The following words, terms and phrases, when used in this ULDC, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning:
Appurtenance shall include lighting, a generator, a tank, or any structure or equipment,
which supports the drilling, oil or gas operations and which is three feet or more in height
measured from finished grade.
Drilling, oil or gas operations shall mean the drilling, completion or re -working of any
type of oil, gas, disposal, exploratory or injection well or pipeline and subsequent life of a well or
pipeline or any associated appurtenances or operations, including changes to existing operations
and all related equipment and structures, including associated non-residential temporary office
structures.
Drilling site means the surface premises used for drilling, oil or gas operations.
Environmental analysis means an analysis of predictable short and long-term
environmental effects.
Environmentally sensitive area ("ESA") means an area which needs special protection
because of its landscape, wildlife or historical value.
28
Goose Creek Oil Field means that area described by Lambert Coordinates in Section 62-
96 plus the following described area:
Beginning at the most easterly boundary line of the field described in Section 62-
96 with the intersection of the south bank of Cedar Bayou Stream. Continuing
along the south bank meandering in an easterly southerly direction to the north
east point of TR 7C in the ABST 65 W Scott thence along the north boundary line
in a southerly westerly direction approximately 2811' to a point. Thence in a
northwesterly direction approximately 140' to the easterly boundary line of the
Goose Creek fields. Thence north along said boundary line to the beginning said
point on Cedar Bayou Stream being approximate 172.96 acres herein described.
Section 19: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 20: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 21: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 22: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
29
INTRODUCED, READ and PASSED by the affirmative v91� of the City Council of the
City of Baytown, this the 131h day of February, 2014. 7 r
APPROVED AS TO FORM:
R1Karen\Files\City Council\0rdinances\2014\February 13\ULDC - FINAL.docx
[4
Mayor