(a) Minimum Tract. No permit shall be issued on a tract of less than twenty acres. If a larger tract is required by the Rules and Regulations of the Division of Oil and Gas, then such larger tract shall govern. A tract may be a parcel in single ownership or a composite of land which is owned by several persons or other separate entities. If the tract has more than one owner, then a proper lease shall be executed between the applicant and all the owners of the land. A copy of this unitized lease shall accompany the application for a permit.
(b) Well Location. Drilling sites, storage tanks and other equipment shall be located to conform with the following:
(1) 200 feet from existing buildings on the tract, except as provided in subsection (b)(2) hereof. For nonresidential buildings, except for schools and other public places of assembly, this provision may be waived, in writing by the owner and occupant of a building nearer than 200 feet from the proposed well site or storage equipment provided that in no case shall such well or equipment be nearer than 100 feet from such building. Such written authorization shall be included with the application.
(2) 300 feet from schools or other public places of assembly as defined in the Ohio Basic Building Code.
(3) 300 feet from adjacent properties.
(4) 200 feet from a public street provided further that storage tanks and equipment may be within 100 feet of a public street right of way.
(5) Any greater distances which may be required pursuant to Ohio R.C. Chapter 1509 shall govern.
These spacing requirements shall remain in effect until the well has been plugged to the satisfaction of the Village and the Division of Oil and Gas.
(c) Access Drives.
(1) Access drives from drilling sites or storage equipment to the roadway shall be located to have the minimum impact on adjacent residential properties.
(2) Access drives shall have a hard surface from the roadway to a point forty feet along the access drive from the roadway. The hard surface shall be eleven feet wide and constructed by placing three inches of asphalt on a six-inch granular base; except that where the access drive enters a concrete roadway, a concrete apron shall be placed from the roadway to the end of the public right of way, whereupon the concrete apron shall meet the asphaltic hard surface. The concrete apron shall be constructed of six-sack concrete and shall be a thickness of six inches. From the end of the apron, access drives shall be constructed of gravel, plank or appropriate material as determined by the Village Engineer to assure that the surface is dust-free and adequate for the vehicles intended.
(3) A gate shall be installed across the access drive at a point adjacent to the roadway. Such gate shall be locked at all times when the access road is not being used for well related purposes. Adjacent to the gate shall be sufficient barriers by fencing, landscaping or mounding to reasonably prevent unauthorized vehicle access to the well or storage sites. Sketch drawings and/or written descriptions of the proposed gates and barriers, adequate to indicate how the objective of preventing unauthorized access will be achieved, shall be submitted with the permit application.
(4) Driveway culvert pipe shall be installed in accordance with Village Codes.
(5) When a storage tank or well head is more than 300 feet from a street right of way, the Fire Chief may require, in addition to the access drive, an area developed and reserved for fire vehicles to turn around. When required, such turnaround shall be a minimum of thirty feet long by twelve feet wide provided further that the specific size, location and surface material shall be determined and approved by the Fire Chief. The Fire Chief shall review the application and report recommendations to the Planning Commission according to the procedures of Section 731.02(c)(5).
(d) General Requirements.
(1) No person engaged in drilling or operating any well shall permit gas to escape or be vented into the air unless a plan for such venting, stating the amounts of gas to be vented, the times and frequency, and precautions to be taken, is first submitted, in writing, to and approved in writing by the Fire Chief.
(2) Within thirty days after any oil and/or gas well has been completed for the production of oil and/or gas, or abandoned, the permittee shall remove any drilling rig or derrick, remove the excess sludge or mud, fill all pits and excavations, level off the surface of the working area, not allow any accumulation of sludge or oil or other offensive or dangerous substances to accumulate, keep his premises in a sanitary and sightly condition, and restore any disturbed drainage facilities and leave the premises in such a condition that no pooling of surface water will result.
(3) Wooden derricks or steam powered rigs shall not be permitted in connection with drilling or any work over operations.
(4) Two dual-controlled, fluid operated blowout preventers with working pressures equal to the maximum anticipated wellhead pressures shall be used for all drilling or completion operations involving the use of drill pipe or tubing after the surface casing has been set. The mechanical operation of the preventers shall be checked every twenty-four hours and shall be tested with pump pressure with enough frequency to insure good working order at all times.
(5) No oil, waste water, sludge water or salt water, produced or used in connection with the drilling operation or production of oil or gas wells, shall be disposed of within the Municipality and shall not be permitted to empty into any sanitary sewer, storm sewer or surface drainage, unless, in an emergency, such waste is to be used by the Village and authorized for such use by the Chief Administrative Officer. However, temporary repositories for salt water, waste or sludge water and basic sediment and water may be constructed of concrete, steel or other material and in the latter case such pits for temporary deposits shall be so constructed that no seepage shall result therefrom and that surface water resulting from water drainage or rain, cannot drain into such pit.
(6) Within six months of such completion or abandonment the area shall be relandscaped to assure that all areas, other than access drives, are restored with natural ground cover consistent with surrounding areas to avoid any further erosion.
(7) All producing wells, wellheads, tank batteries, pumping units and equipment appurtenant thereto shall be enclosed and protected by a six- foot galvanized or aluminum chain link-type fence with matching-type gates and effectively screened with evergreen plantings to the approval of the Chief Administrative Officer.
(8) On residentially zoned land, each storage tank shall be a maximum of 100 barrels (4,500 gallons) and a maximum of two storage tanks shall be permitted for each well.
(9) The premises shall be kept in a clean and sanitary condition free from rubbish of every character, at all times, during the drilling operation and as long thereafter as oil and/or gas is being produced therefrom. All permittees’ premises shall be kept clear of high grass, weeds and combustible trash or any other rubbish or debris that might constitute a fire hazard within a radius of 100 feet around any oil tank or tanks, or producing wells.
(Ord. 2004-17. Passed 5-10-04.)