(a) Exploration for gas/oil and operation of gas/oil wells may be done in any zoning district within the Village, if permitted by the Division of Oil and Gas of the Ohio Department of Natural Resources and that such operation is not contrary to the "purpose" of the existing Municipal zoning ordinances as that purpose is set forth in Section 1143.01 of the Codified Ordinances.
(b) Any driller or operator with a State of Ohio drilling permit to drill for and extract oil/gas from lands in a municipality shall prior to drilling notify the Village Zoning Inspector in writing of all pertinent data, such as the number and location of all proposed wells, tank sites, and access roads and shall show proof of the Ohio State permit for such operations. The Board of Zoning Appeals shall schedule and advertise a public hearing to give adjoining property owners and citizens an opportunity to obtain authentic information from the Ohio State permit holder regarding safety and health precautions, precise location of the wells and roadways and an approximate date of the commencement of the drilling operation.
(c) The location of the well sites must be in compliance with the provisions of Ohio R.C. Chapter 1509 and the rules and regulations promulgated by the Chief of the Division of Oil and Gas pursuant to Ohio R.C. Chapter 1509 and more specifically Ohio R.C. 1509.23 and 1509.24. During the drilling/exploration stage at any well site within the Municipality equipment shall be sufficiently muffled with a muffler or mufflers in a manner to ensure the equipment does not create noise or sound in such a manner as to disturb the peace and quiet of a neighborhood and so as to ensure no violation of any Municipal Ordinance. All pumps left on the site after the drilling is completed, to aid in the operation of the oil and gas well shall be powered by an electric motor.
(d) (1) Storage tanks, separators, such as are at well installations and other permanent producing facilities shall be enclosed by an eight foot high chain-type fence which also shall have a three strand barbed-wire fence above it. Such fence shall be galvanized and have two inch links. The posts shall be no further than eight feet apart and shall be securely attached to the ground. The enclosed area shall have a chain-link access gate which shall be locked. The diking required at the well site and bulk storage tank sites required by the Department of Natural Resources of the State of the Division of Oil and Gas and/or the Ohio Environmental Protection Agency and/or the Federal Environmental Protection Agency shall be within the enclosed fenced area and the dikes shall be constructed in such a manner and located to provide a six foot space between the dike and the inside of the fence. Should there be no State and/or Federal requirements for dikes at a storage tank site this section requires that well sites and storage tank sites be diked. All diking shall be located within the enclosed area at least six feet inside of the fence.
(2) The enclosed area created by the fence required herein shall be kept clear of weeds and bushes and the owner or party in control of such area shall periodically cut back weeds and bushes within the enclosure to ensure clear ground surrounding the oil and gas wells within the Village. The area shall be cut back so as to maintain vegetation within the fenced-in area at a length not to exceed three inches.
(3) The area outside of the fenced-in area shall be periodically mowed and cut back to ensure a clear area of short vegetation around the outside of the fenced-in area. The owner or person in control of the outside shall keep the weeds and vegetation cut back outside of the fence on each side of the enclosure. This fifty foot area shall be cut and maintained to ensure that the vegetation in that area does not exceed six inches.
(4) Whenever a storage tank site or a well site is abandoned and the wells plugged pursuant to the requirements of Ohio R.C. Chapter 1509, all equipment, fencing, etc. shall be removed from the site and the site shall be restored pursuant to provisions of Ohio R.C. 1509.072 by the producer. If the owner of the surface land agrees to a waiver of the restoration requirements set forth in Ohio R.C. 1509.072, that surface owner shall be required to restore the land pursuant to the specifications set forth for the producer in Ohio R.C. 1509.072.
(e) All roads, paths, or driveways leading from a dedicated street or from a private road leading to the oil and gas well site shall have a gate with a locking device installed at or near the street or road to prevent unauthorized entrance on the roadway. The gate itself shall be steel and there shall be a no trespassing sign on the gate. The requirement for a gate and lock at the site does not apply if the access road which leads to the well site is also a driveway leading to and from a residence.
(f) The names, addresses, and telephone numbers of the persons responsible for the operation and maintenance of each well and tank site shall be given to the Zoning Inspector who in turn shall advise the Police and Fire Departments.
(g) All waste materials such as sludge, salt water, or other waste effluents from the well or tank site shall be hauled off the property and deposited at State approved dump sites. Whenever there is a spill at the site, the Chief of Police shall be notified immediately and the operator shall clean the spill. Should anyone become aware of a spill at a site, the Police Chief and the Fire Chief shall be notified. The Fire Department shall be dispatched to the scene. The operator shall be notified immediately by the Chief of Police or the Chief of the Fire Department and the operator shall take control of the site and begin clean up immediately. Should the operator not arrive at the site and take control and begin clean up within one-half hour of notice, the Fire Department shall stay and secure the scene until the operator arrives. The operator shall be charged two hundred dollars ($200.00) an hour for each hour or part thereof during which the Fire Department remains on the scene until his arrival after the first half hour has expired.
(h) When access roads connect with Village roads, culvert and ditching shall be done under the supervision of the Street Commissioner, who shall also be notified before operations are started. The Street Commissioner's final inspection shall be made after completion of all such work.
(i) When drilling any well for oil/gas, the drilling rig shall have a blow-out preventor in good working order attached to the drilling equipment to prevent gas or oil from blowing out of control and causing damage to surrounding areas. All trees, shrubs, bushes, and other vegetation located near the well site which are killed or may be killed by reason of the venting or escaped gases and oil, or salt water shall be removed by the person, partnership, corporation, or entity in possession of the well site. This requirement applies to damage done during the drilling operation or anytime thereafter during the operation of the well site by the producer.
(j) Whenever the Street Commissioner, Building Inspector, Zoning Inspector, Fire Chief, Police Chief or any police officer of the Village become aware that any land or premises within the Village is being maintained in a manner which constitutes noncompliance with requirements set forth in the section above, that official shall cause written notice to be served on the owner, lessee, agent or tenant having charge of the oil and gas well site, notifying him that he is maintaining his well site in violation of regulations set forth above, that the violation must be corrected within five days after receipt of the notice. If the owner or person having charge of the oil and gas well site is a nonresident whose address is known, such notice shall be served to his address by registered mail. If unknown, it shall be sufficient to serve such notice by posting it at the premises involved. The notices set forth in this section shall be served by the Chief of Police or any police officer in the Village. The official who becomes aware of the violation shall notify the Police Department of such violation and that notification by that official shall complete that official's notice requirement as set forth herein. If the owner or person having control of the well site fails to comply with such notice, the Street Commissioner shall cause the condition which constitutes the noncompliance with this section to be corrected. All expenses and labor costs incurred in correcting the problem, when approved by Council, shall be paid out of Municipal funds not otherwise appropriated. The Fiscal Officer shall make a written notice of the action to the County Auditor with a statement of the charges for services, amount paid for labor, and other reasonable expenses, along with a proper description of the premises. Such amounts, when allowed, shall be entered upon a tax duplicate to be a lien upon such land from and after the date of entry and be collected as other taxes and be returned to the Municipality or the general fund.
(k) Whoever violates any provisions of this section by not correcting the condition which constitutes noncompliance with this section after having received the proper notice is guilty of a misdemeanor of the first degree and shall be punished accordingly in addition to assessment of the costs as provided in this section.
(Ord. 51-1983. Passed 2-8-84.)