City of Brighton - File #: ID-397-14

• File #: ID-397-14
• Version: 1
• Type: Ordinance
• Status: Agenda Ready
• File created: 2/5/2015
• In control: City Council
• On agenda: 2/17/2015
• Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON AMENDING CHAPTER 17 OF THE BRIGHTON MUNICIPAL CODE, COMMONLY KNOWN AS THE LAND USE AND DEVELOPMENT CODE, PROVIDING FOR THE REPEAL OF SEC. 17-20-70, OIL AND GAS WELLS IN ITS ENTIRETY AND READOPTION AS SEC. 17-20-70, SET BACKS, OIL/GAS FACILITIES; THE ADOPTION OF A NEW ARTICLE 17-64, OIL AND GAS FACILITIES REQUIRING CONDITIONAL USE APPROVAL FOR OIL AND GAS WELLS AND OTHER RELATED FACILITIES OR ADMINISTRATIVE APPROVAL SET FORTH IN A MEMORANDUM OF UNDERSTANDING APPROVED BY THE CITY MANAGER; SETTING FORTH APPLICATION REQUIREMENTS, GENERAL STANDARDS, PLANS FOR SITE DEVELOPMENT, ENVIRONMENTAL PROTECTIONS, CONTROL OF NUISANCES, TRAFFIC PROTECTIONS, PROHIBITED FACILITIES, FEES, CITY INSPECTION, APPEALS, ENFORCEMENT; AMENDING SEC. 17-8-30. PROCEDURES REQUIRING A MAP OF OIL AND GAS FACILITIES AND NEIGHBORHOOD NOTICE; AMENDING SEC. 17-12-20. DEFINITIONS; AMENDING SEC. 17-8-60. CONDITIONAL USE RELATIVE TO ASSIGNABILITY OF A CONDITIONAL USE ...

Date	Ver.	Action By	Action	Result
2/17/2015	1	City Council

Body
Department of Community Development
Reference: Oil and Gas Regulations


To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Holly Prather, AICP, Community Development Director
Margaret Brubaker, Esq., Legal Counsel for the City
Matthew Sura, Esq., Legal Counsel on Oil/Gas Related Matters
Date Prepared: February 12, 2015
PURPOSE
To hold a public hearing and consider at first reading an ordinance approving an amendment to the Municipal Code, Chapter 17. Land Use and Development Code regarding oil and gas regulations.
BACKGROUND
Since 2008, the state of Colorado's oil and gas industry has seen tremendous changes. The state Colorado Oil and Gas Commission has passed numerous new oil and gas rules - going through at least one rulemaking a year for the past six years. The technology of hydraulic fracturing and horizontal drilling opened up tremendous new reserves of oil and gas on the Front Range - changing the way oil and gas is being developed, and where it is being developed. Proposals to drill within municipalities caused concerns among residents that led to several communities enacting bans and long-term moratoria on the practice of hydraulic fracturing. Adams County and Arapahoe County are being targeted for far more oil and gas development than ever before, requiring municipalities within those counties, including the City of Brighton, to enact new regulations to keep up with all of the changes over the past six years.
State Regulations
In 2008, the Colorado Oil and Gas Commission (COGCC), a division of the Colorado Department of Natural Resources, went through a major rulemaking that put in place significant new requirements for the industry and established new state permitting processes. In 2012 and 2013, the COGCC considered and approved two major amendments to the statewide rules: the "Groundwater Rules", which address water sampling and monitoring and bec...