(a) Requisites for Permit. No person, firm, association or corporation, known as the applicant, shall commence to drill, operate or change the operations of any well, except a well for potable water, within the Municipality or place any related equipment on the site for the drilling or operations of such well until the applicant has:
(1) Wholly complied with all provisions of this chapter and been granted a permit by the Village;
(2) Obtained a permit for drilling and waste disposal from the Division of Oil and Gas of the Department of Natural Resources;
(3) Paid the application fee pursuant to subsection (b) hereof; and
(4) Posted the insurance and surety bond pursuant to Section 731.06(d) and (e).
(b) Application Requirements. Any person proposing to drill, complete and operate a well for oil or gas within the Village shall submit twelve copies of the written application to the Chief Administrator Officer, which is signed by the applicant or some person duly authorized, and which includes:
(1) The date of such application.
(2) The name and address of the applicant and if the applicant is a corporation, the state of incorporation, and if the applicant is a partnership, the names and addresses of the general partners.
(3) The number of the drilling unit, the particular lot and block, number of tract in the drilling unit on which the proposed well is to be located.
(4) The type of the well, whether oil or gas, and the proposed depth of the well.
(5) The number of square acres in the lease or unitized lease over which the applicant has control of oil or gas rights, and which the applicant shall be required to own in fee, or hold under lease or drilling contract from the owner. Lots and lands across a public street shall be deemed as being contiguous.
(6) A copy of the signed lease(s) between the property owner(s) and the applicant. Such lease(s) shall explicitly incorporate this chapter by reference and shall state, in bold letters, in the body of the lease that: "A permit issued pursuant to the Gas and Oil Well Regulations of the Village of Chagrin Falls is not transferable. Any new owner of a proposed well, or well in operation, must be issued a new permit by the Village of Chagrin Falls and the Division of Oil and Gas. Before such permit can be issued the new owner must comply with all regulations, procedures, and standards of Codified Ordinance Chapter 731 including the bonding and insurance requirements."
(7) Map, or maps, prepared by an Ohio registered surveyor showing and containing the following data:
A. The size and dimensions of the subject tract of land or drilling unit upon which the well is to be drilled, which shall show all parcels or tracts of land with dimensions, for which a lease has been obtained.
B. All existing buildings, parking areas, drives, and natural features, such as major areas of tree cover, streams, ditches or severe topography, on the parcel and on any portion of the adjacent parcel(s) which are within 500 feet of the proposed well location.
C. The location of the proposed well and the proposed location of oil storage tanks on the subject tract of land or drilling unit.
D. The location, size and slope of all drainage facilities, tiles, ditches, etc. which lie within the work limits of the proposed well and storage tank sites.
E. The location of any existing wells or storage equipment on the tract.
F. Dimensions, in feet, from the proposed well site and all storage tanks to the boundary lines of the subject tract or drilling unit and distances to all buildings and to existing wells or storage facilities.
G. The location and the specification of planned improvements for the proposed access drive and related gates, fences and entrance landscaping.
H. Proposed access routes to be used going to and from the site to State or federal highways.
(8) A statement indicating the maximum loads of vehicles used during the drilling of the well and during production and the maximum load limits on the roads to be used from the site to State or federal highways.
(9) The drilling and waste disposal applications submitted to the State and copies of the permits issued for these applications.
(10) A plan for the restoration of the disturbed land upon completion of the drilling operations and a plan for the total restoration of the site when the well is abandoned.
(11) A spill prevention plan, if applicable, as required by federal law, when drainage from the well site is into a navigable waterway.
(12) The proposed complete casing program for the well.
(13) An application fee of two thousand dollars ($2,000) per well which shall be refunded if the permit is denied.
(c) Granting of Permits. Gas and oil wells are permitted in the Village subject to these regulations unless otherwise restricted by State and local laws and the permit shall only be granted subject to the following:
(1) The proposed application shall be processed in accordance with the procedures in the Planning and Zoning Code.
(2) Any permit granted by the Planning Commission shall be confirmed by Council resolution. If Council does not so confirm the approval of the Planning Commission, the permit shall be denied.
(3) No local permit pursuant to this chapter shall be issued until the applicant has received a permit for the proposed well from the Division of Oil and Gas (Department of Natural Resources) pursuant to Ohio R.C. Chapter 1509 and a copy of such permit is submitted to the Chief Administrative Officer’s office.
(4) If drilling has not commenced within ninety days from the date of issue, the permit may be revoked by the Chief Administrator Officer and the application fee is nonrefundable.
(5) The Planning Commission shall not approve an application until the application has been reviewed by the Fire Chief and the Planning Commission has been notified in writing by the Fire Chief that, for those aspects of the application pertaining to fire safety, the application is satisfactory as submitted, or as amended by the applicant.
(Ord. 2004-17. Passed 5-10-04.)