This chapter is known and may be cited as the “Broomfield Oil and Gas Regulations.” (Ord. 967 §1, 1993)

This chapter is enacted to protect and promote the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future residents of the city. It is the intent of the city council by enacting these regulations to facilitate the development of oil and gas resources within the city while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under state law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral rights. The state has a recognized interest in fostering the efficient development, production, and utilization of oil and gas resources, and particularly in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended to be an exercise of the land use authority of the city. Nothing in this chapter shall be construed as giving the city authority to enforce state or federal laws, rules, or regulations. (Ord. 967 §1, 1993)

All terms used in this chapter that are defined in the Act or in Commission regulations and are not otherwise defined in this section, are defined as provided in the Act or in such regulations as of the effective date of this chapter. All other words used in this chapter are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

(A) Act means the Oil and Conservation Act of the State of Colorado.

(B) Commission or OGCC means the Oil and Gas Conservation Commission of the State of Colorado.

(C) Day means a period of twenty-four consecutive hours.

(D) Director means the director of the Oil and Gas Conservation Commission of the State of Colorado.

(E) Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal, pursuant to authorizations granted by the Commission.

(F) Inspector means any person designated by the chief building official, or designee thereof, who shall have the authority to inspect a well site to determine compliance with this chapter and other applicable ordinances of the city.

(G) Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

(H) Operating plan means a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

(I) Operator means the person designated by the working interest owners as operator and named in Commission Form 2 or a subsequently filed Commission Form 10.

(J) Owner means any person with a working interest ownership in the oil and gas or leasehold interest therein.

(K) Production site means the area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines.

(L) Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

(M) Sidetracking means entering the same well head from the surface, but not necessarily following the same well bore, throughout its subsurface extent when deviation from such well bore is necessary to reach the objective depth because of an engineering problem.

(N) Twinning means the drilling of a well within a radius of fifty feet from an existing well bore when the well cannot be drilled to the objective depth or produced because of an engineering problem, such as a collapsed casing or formation damage.

(O) Use tax means the tax paid by a consumer for using, storing, distributing, or otherwise consuming tangible personal property or taxable services inside the city.

(P) Well means an oil and gas well or an injection well.

(Q) Well head means the equipment attaching the surface equipment to wellbore equipment at the well.

(R) Well site means that area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling, completion, recompletion, workover, development, and production activities. (Ord. 967 §1, 1993)

In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the city at reasonable times to determine compliance with applicable provisions of this chapter, the International Fire Code, the International Building Code, and all other applicable standards in this title. For the purpose of implementing and enforcing the provisions of this chapter, the city personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present. (Ord. 967 §1, 1993; Ord. 1858 §16, 2008)

Within all zoning districts, including a PUD planned unit development district, when an applicant wishes to drill a well that has not been previously permitted under this chapter, it is unlawful for any person to perform any such operation, unless a use permitted by special review has first been approved by the city council as provided in this chapter. When a use permitted by special review has been approved for a well, the twinning, sidetracking, or reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this chapter. The approval of such use by special review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments. (Ord. 967 §1, 1993)

The site plans for a well site submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps, at a scale not less than 1” = 50', showing the following information:

(A) The proposed location of well site facilities associated with the well in the event production is established, if applicable. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering pipe lines within 660 feet of the well site shall be shown.

(B) The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.

(C) True north arrow.

(D) Existing improvements, if any.

(E) Existing utility easements and other rights-of-way of record, if any.

(F) Existing irrigation or drainage ditches within 400 feet of the well site, if any.

(G) Drainage and erosion control plans for the well site and the area immediately adjacent to the well site, if applicable.

(H) Location of access roads.

(I) Well site and existing lease boundaries.

(J) The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the well site or production site.

(K) The name and address of the operator and the signature and seal of a professional land surveyor. (Ord. 967 §1, 1993; Ord. 1026 §2, 1994)

The vicinity maps for a well site submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps showing the following information:

(A) Location of all existing water bodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps which indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a 400-foot radius of the proposed well.

(B) Location of existing oil and gas wells or injection wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells within a 1,000-foot radius of the proposed location for the well.

(C) Location of drill site. The information to be submitted shall be on Commission Form 2 and shall include the parcel tax identification number. (Ord. 967 §1, 1993)

In addition to the site plans and the vicinity maps required in sections 17-54-050 and 17-54-060 above, the application shall also include the following:

(A) The operator's and surface owner's names and addresses, OGCC Form 2, and designation of agent, if applicable.

(B) An operating plan.

(C) A list of all permits or approvals obtained or to be obtained from local, state, or federal agencies other than OGCC.

(D) An emergency response plan that is mutually acceptable to the operator and the appropriate fire district that includes but is not limited to a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well, and provisions for access by emergency response entities.

(E) A plan for weed control at the well site.

(F) A fire protection plan that is mutually acceptable to the operator and the appropriate fire district that includes planned actions for possible emergency events and other pertinent information. Prior to application to the city, a proposed fire protection and emergency response plan shall be submitted to and reviewed by the fire district.

(G) To the extent it can be determined at the time of application and to the extent applicable, sources of water to be used in drilling operations of a proposed well.

(H) Sanitary facilities must comply with section 602(g) of the OGCC regulation. (Ord. 967 §1, 1993)

The city council shall approve an application for a use permitted by special review for a well site if the application submitted by the applicant conforms to the following requirements:

(A) The site plans for a well site application comply with the requirements of section 17-54-050.

(B) The vicinity maps for a well site application comply with the requirements of section 17-54-060.

(C) The narrative for a well site application complies with the requirements of section 17-54-070.

(D) The well location and setbacks comply with section 17-43-110.

(E) When applicable, compliance with the provisions for special mitigation of noise required in section 17-54-140.

(F) When applicable, compliance with the provisions for visual special mitigation required in section 17-54-160.

(G) When applicable, compliance with the provisions for geologic hazards, flood plains, or floodway required in section 17-54-210.

(H) When applicable, compliance with the provisions for wildlife mitigation procedures required in section 17-54-230. (Ord. 967 §1, 1993)

Prior to commencement of operations for which a use permitted by special review has been approved, a “notice to proceed” shall be obtained from the city engineering department. The following documentation must be submitted and approved prior to the issuance of the notice to proceed:

(A) A copy of the city council resolution approving a use permitted by special review for a well or wells.

(B) A copy of the approved site plan.

(C) Copies of any necessary state or federal permits issued for the operation, if not previously submitted. (Ord. 967 §1, 1993)

Building permits must be obtained for all structures to which the International Fire Code and International Building Code apply. (Ord. 967 §1, 1993; Ord. 1858 §17, 2008)

In all areas of the city, the following apply:

(A) A well site shall be setback not less than 350 feet from any occupied building or occupied building permitted for construction and shall be setback not less than seventy-five feet from any public right-of-way.

(B) Production sites shall be setback not less than 350 feet from any occupied building or occupied building permitted for construction and shall be setback not less than seventy-five feet from any public right-of-way. (Ord. 967 §1, 1993)

The approval of an oil and gas permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning air quality, water quality, and waste disposal. (Ord. 967 §1, 1993)

Any equipment used in the drilling, completion, or production of a well shall comply with section 25-12-103, C.R.S. (Maximum Permissible Noise Levels). Any operation involving the use of a drilling rig, workover rig, cementing or fracing equipment, is subject to the maximum permissible noise levels in section 25-12-103(5), C.R.S. All other operations shall comply with the maximum permissible noise levels established by statute, if any, for the particular land use existing in the zone in which the operation occurs; provided that the city shall grant relief from these noise level requirements to the extent granted by the Commission. To the extent practicable, exhaust from all engines, motors, coolers, and other mechanized equipment shall be vented in a direction away from occupied buildings. (Ord. 967 §1, 1993)

(A) Where a well and well site do not comply with the required setback or other requirements of this chapter or where the well and well site are in an area of particular noise sensitivity, additional noise mitigation may be required. An area of particular noise sensitivity includes but is not limited to the following: hospitals, dwelling units, nursing homes, hotels, churches, and designated wildlife preserves. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:

(1) Nature and proximity of adjacent development, location, and type;

(2) Prevailing weather patterns, including wind directions;

(3) Vegetative cover on or adjacent to the site; or

(4) Topography.

(B) Based upon the specific site characteristics set forth above, nature of the proposed activity, its proximity to surrounding development, and type and intensity of the noise emitted, additional noise abatement measures may be required. The level of required mitigation may increase with the proximity of the well and well site to areas of particular noise sensitivity or the level of noise emitted by the well and well site. One or more of the following additional noise abatement measures may be required:

(1) Acoustically insulated housing or cover enclosing the motor or engine;

(2) Noise management plan identifying hours of maximum noise emissions, type, frequency, and level of noise to be emitted, and proposed mitigation measures; or

(3) Any abatement measures required by the Commission for high-density areas, if applicable. (Ord. 967 §1, 1993)

(A) To the maximum extent practicable, oil and gas facilities shall be located away from prominent natural features such as distinctive rock and land forms, vegetative patterns, ditch crossings, city-approved open space areas, and other approved landmarks.

(B) To the maximum extent practicable, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.

(C) To the maximum extent practicable, the applicant shall use structures of minimal size to satisfy present and future functional requirements.

(D) To the maximum extent practicable, when clearing trees and vegetation for construction of oil and gas facilities, the applicant shall feather and thin edges of vegetation.

(E) To the maximum extent practicable, the applicant shall locate facilities at the base of slopes to provide a background of topography or natural cover.

(F) The applicant shall replace earth adjacent to water crossings at slopes less than the normal angle of repose with the soil type of the site.

(G) To the maximum extent practicable, the applicant shall align access roads to follow existing grades and minimize cuts and fills.

(H) Facilities shall be painted as follows:

(1) Uniform, noncontrasting, nonreflective color tones.

(2) Color matched to land, not sky, slightly darker than adjacent landscape.

(3) Exposed concrete colored to match soil color. (Ord. 967 §1, 1993)

Where a well or well site does not comply with the required setback or other requirements of this chapter, or in areas of increased visual sensitivity, such as a location near an occupied subdivision, the applicant shall submit a visual mitigation plan including one or more of the following standards, as appropriate:

(A) To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare.

(B) One or more of the following landscaping practices may be required where practicable, on a site-specific basis:

(1) Establishment and proper maintenance of ground covers, shrubs, trees;

(2) Shaping cuts and fills to appear as natural forms;

(3) Cutting rock areas to create irregular forms;

(4) Designing the facility to utilize natural screens; or

(5) Construction of fences for use with or instead of landscaping. (Ord. 967 §1, 1993)

The approval of a use permitted by special review shall not relieve the operator from complying with all Commission rules with respect to abandonment and plugging of wells. The operator shall provide the city with Commission Form 4 at the time that it is filed with the Commission. (Ord. 967 §1, 1993)

The approval of a use permitted by special review shall not relieve the operator from complying with all Commission rules with respect to seismic operations. All notices which an operator is required to file with the Commission with respect to seismic operations shall be filed with the city on a timely basis. The city shall comply with the same confidentiality requirements which bind the Commission. (Ord. 967 §1, 1993)

The approval of an oil and gas permit shall not relieve the operator from complying with all Commission rules with respect to signs. In addition, the owner or operator shall maintain in good, readable condition all signs required by such Commission regulations. (Ord. 967 §1, 1993)

The approval of an oil and gas permit shall not relieve the operator from complying with all Commission rules with respect to site reclamation. (Ord. 967 §1, 1993)

All equipment at drilling and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act. (Ord. 967 §1, 1993)

All private roads used to access the tank batteries and the well head shall be improved and maintained according to the following standards:

(A) Access roads to tank batteries shall be subject to review by the city engineer in accordance with the following minimum standards:

(1) A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six inches thick compacted to a minimum density of ninety-five percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course, as specified for aggregate base course materials in the Colorado Department of Transportation's “Standard Specifications for Road and Bridge Construction,” latest edition.

(2) Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (such as roadside swales, gulches, rivers, creeks, and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the city engineer.

(3) Maintained so as to provide a passable roadway reasonably free of ruts at all times.

(B) Access roads to the well head shall be subject to review by the city engineer in accordance with the following minimum standards:

(1) A graded roadway approved by the city engineer.

(2) Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval of the city engineer.

(3) Maintained so as to provide a passable roadway generally free of ruts.

(C) An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or loads as defined in sections 42-4-401 through 411, C.R.S., which use city streets. Said permit, if required, shall be obtained from the city traffic engineer prior to such use. (Ord. 967 §1, 1993)

The applicant shall not engage in activities which, in the opinion of the Division of Wildlife, threaten endangered species. (Ord. 967 §1, 1993)

In the event of a conflict between the provisions of this chapter and any other provision of this title, the provisions of this chapter shall control. (Ord. 967 §1, 1993)

The operator shall reimburse the city or the fire district for any emergency response costs incurred by the city or the fire district in connection with activity at the well site or production site. (Ord. 967 §1, 1993; Ord. 990 §1, 1993)

Except as otherwise provided in this chapter, it is unlawful to construct, install, or cause to be constructed or installed, any oil and gas facility within the city unless approval has been granted by the city. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this chapter. (Ord. 967 §1, 1993)

Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any oil, gas, or injection well, production site, or well site in violation of any provision of this chapter or of the conditions and requirements of the oil and gas special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of such unlawful operation constitutes a separate violation. (Ord. 967 §1, 1993)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of the oil and gas special use permit, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. (Ord. 967 §1, 1993)

The city manager may revoke approval of a facility if it is determined after an administrative hearing, held on at least ten days' notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants, and employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate. (Ord. 967 §1, 1993)

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this chapter will remain valid, it being the intent of the city council that the provisions of this chapter are severable. (Ord. 967 §1, 1993)

Unless specifically provided otherwise, this chapter shall apply only to wells which are drilled in the city on and after the date this chapter is adopted. The reentering of a well in existence prior to the date of adoption of this chapter, for purposes of deepening, recompleting or reworking, shall not require approval of a use permitted by special review as required by this chapter. (Ord. 967 §1, 1993)

When an application is submitted to the city for a use permitted for special review under this chapter, the applicant shall pay to the city a $200.00 oil and gas application fee and a well site fee of $50.00 for each well site shown on the site plan. The oil and gas application fee and the well-site fee are in addition to any other fees charged by the city. (Ord. 1032 §1, 1994)