§ 138-476. Appeals.

(a)

In order to hear and decide appeals of orders, decisions, or determinations made by the oil and gas inspector relative to the application and interpretation of this article, there shall be and is hereby created an oil and gas board of appeals consisting of members who shall pass on matters pertaining to all oil and/or gas well applications and permits.

(b)

The members of the board of adjustment are hereby appointed as the oil and gas board of appeals and shall have and exercise the authority to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of an oil, gas, or combined well permit or the revocation or suspension of any permit issued hereunder, and as provided by this article. Any person or entity whose application is denied by the oil and gas inspector or whose permit is suspended or revoked or whose well or equipment is deemed by the oil and gas inspector to be abandoned may file an appeal to the oil and gas board of appeals.

(c)

The oil and gas board of appeals shall review the appeal and any other related information. The oil and gas board of appeals shall consider the following in deciding an appeal:

(1)

There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the vicinity;

(2)

A variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed by other properties in the vicinity, but which rights are denied to the property on which the application is made;

(3)

The granting of the variance on the specific property will not adversely affect any other feature of the comprehensive plan of the city;

(4)

The variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity;

(5)

Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the vicinity considering the particular location and the character of the improvements located there;

(6)

Whether the drilling of such wells would conflict with the orderly growth and development of the city;

(7)

Whether there are other alternative well site locations;

(8)

Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the oil, gas, or combined well permit conditions to be imposed;

(9)

Whether the operations proposed are consistent with protecting the ecological integrity and environmental quality, including protection of surface water and groundwater sources, of potentially impacted environmentally sensitive areas;

(10)

Whether there is reasonable access for fire personnel and fire fighting equipment;

(11)

Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the oil, gas, or combined well permit conditions are reasonable and justified, balancing the following factors:

a.

The reasonable use of the mineral estate by the mineral estate owner to explore, develop, and produce the minerals; and

b.

The availability of alternative drill sites;

(12)

The recommendations of the oil and gas inspector.

(d)

Any person or entity aggrieved by any decision of the oil and gas board of appeals may present to a court of record a petition, duly verified, setting for that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented within ten days after the date on which the decision of the oil and gas board of appeals was rendered and not thereafter, and judicial review of the petition shall be pursuant to V.T.C.A., Local Government Code § 211.011, as amended.

(e)

The oil and gas board of appeals may reverse or affirm, in whole or in part, or modify the oil and gas inspector's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination. Any action under this subsection, including the issuance of any variance authorized by this article, shall require a three-fourths vote of the entire oil and gas board of appeals.

(f)

Appeal fees shall be required for every appeal in the amount as determined from time to time by city council.

(Ord. No. 2007-06-056, § 2(39-340), 6-5-2007; Ord. No. 2008-08-078, 8-19-2008)