§ 35.22.7. Notice of Activities.

A.

Notice Applicable to Setback Waivers and Variances.

1.

An Operator who seeks to reduce Drilling and Production Site Setbacks for a proposed Drilling and Production Site below those prescribed in Section 35.5.10.2, pursuant to the procedures in Section 35.5.10.6, shall give the notice prescribed by this subsection to each owner of surface property within the Drilling and Production Site Setback and to all registered neighborhood associations within one-half (½) mile of the proposed Drilling and Production site at least twenty (20) days prior to filing an application for approval of a Gas Well Development Site Plan for the proposed Drilling and Production Site. The notice shall describe which procedure(s) under Section 35.5.10.6 will be utilized by the Operator to obtain a reduction in the setback and the date of any hearing scheduled before the Board of Adjustment on a variance request. Such notice shall be in addition to any notices required for Board of Adjustment proceedings.

2.

The notice shall identify the Operator and give the address and phone number of the Operator's representative, an internet link for information on the proposed request for reduction of setbacks, and contact telephone numbers for the City staff. The notice shall be accompanied by an aerial photograph containing the information in Section 35.5.10.6.A.1.a.

3.

Notices required by this subsection shall be by depositing the same, properly addressed and postage paid, in the United States mail.

B.

Notice Applicable to Applications for Gas Well Development Site Plans.

1.

At least twenty (20) days prior to the date of filing of an application for approval of an original or amended Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall notify, at the expense of the Operator, each surface owner of property within one thousand (1,000) feet of the proposed Drilling and Production Site. Such notice, as outlined below, shall be by depositing the same, properly addressed and postage paid, in the United States mail.

2.

The notice shall expressly state whether waivers or variances from the Drilling and Production Site Setback have been granted pursuant to Section 35.5.10.6. The notice shall identify the Operator and give the address and phone number of the Operator's representative, an internet link for information on the proposed request for reduction of setbacks, and contact telephone numbers for the City staff. The notice shall be accompanied by an aerial photograph containing the information in Section 35.5.10.6.A.1.a.

3.

At least twenty (20) days prior to the date of filing of an application for an original or amended Gas Well Development Site Plan with the Gas Well Administrator, the Operator shall publish a notice containing the information in subsection 2, at the expense of the Operator, in one (1) issue of the local section of a newspaper of general circulation in the City for ten (10) consecutive days. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application and will be prima facie evidence of such publication. All notices shall follow a format required by the City.

4.

No later than five (5) days after filing of an application for an original or amended Gas Well Development Site Plan with the Gas Well Administrator, the Operator, at Operator's expense, shall erect at least one (1) sign, as approved by the Gas Well Administrator, no less than three (3) feet by three (3) feet, upon the premises upon which a Gas Well Development Site Plan has been proposed. The sign or signs shall be located in a conspicuous place or places upon the property at a point or points nearest right-of-way, street, roadway or public thoroughfare adjacent to such property. The Gas Well Administrator may require additional signage if the premises fronts on more than one (1) right-of-way, street, roadway or public thoroughfare. The sign(s) shall state that a Gas Well Development Site Plan has been requested, which if approved, would authorize the drilling of multiple gas wells for the site. The sign shall further set forth that additional information can be acquired by telephoning the Operator at the number indicated on the sign. The sign shall remain posted at the Drilling and Production Site for the duration of the Gas Well Development Site Plan.

C.

Notice Applicable to Activities.

1.

Any Operator who intends to perform the following activities: (1) Drilling Activities; (2) Workover Operations; (3) perform Completion or Re-Completion Operations; (4) plug and abandon a well; (5) perform any other maintenance activities that involve removal of the well head at a Drilling and Production Site; or (6) conduct seismic exploration not involving explosive charges; shall give written notice to the City no sooner than thirty (30) days and no later than ten (10) days before the activities begin, except in instances where immediate Operator response is necessary, provided that the Operator has first obtained all necessary authorizations required by this Subchapter, Subchapter 5 and the Fire Code. Road Damage Remediation Fees shall be paid to the City and submitted with the Notice of Activities.

2.

Except in instances where immediate Operator response is necessary, all dwellings within one thousand (1,000) feet from the boundary of a Drilling and Production Site shall be notified no sooner than thirty (30) days and no later than ten (10) days prior to the activities listed in Section C.1, excluding Workover Operations. Such notice shall be by depositing the same, properly addressed and postage paid, in the United States mail.

a.

The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted.

b.

The notice shall also provide the address and the twenty-four (24) hour, in-person response, phone number of the Operator responsible for the well concerning the activities.

3.

The Operator responsible for the activities shall post a sign at the entrance of the Drilling and Production Site giving the public notice of the activities, including the date and time the activities will begin, and the name, address, and twenty-four-hour, in-person response, phone number of the Operator conducting the activities.

4.

If upon receipt of the notice the City determines that an inspection by the Gas Well Administrator is necessary, the Operator will pay the City's fee for the inspection as set forth in amount as established by separate ordinance.

5.

The Operator shall notify the Gas Well Administrator within twenty-four (24) hours of setting surface casing.