No person, firm or corporation shall, within the limits of the City, drill a new oil or gas well, drill an existing oil or gas well any deeper, reopen an oil or gas well, convert an oil or gas well to any use other than its original purpose, or plug back an oil or gas well to a source of supply different from the existing pool, without first having obtained a conditional zoning permit that is, a "City permit," to do so issued from the Zoning Inspector. The Zoning Inspector shall submit each permit application and required information from this chapter to the City Planning Commission for their review and approval or disapproval towards issuance of a conditional zoning permit. Upon their approval, the Zoning Inspector shall issue such permit to any person, firm or corporation who has been issued a corresponding permit by the Chief of the Division of Oil and Gas of the State of Ohio Department of Natural Resources, pursuant to Ohio R.C. Chapter 1509 and who has otherwise complied with the applicable requirements of this chapter. No person, firm or corporation shall be issued such a City permit until the fee of five thousand dollars ($5,000) has been paid to the City of Girard. The fee must be submitted with the application by the Planning Commission, the City shall keep a service fee of five hundred dollars ($500.00). Such permit shall also expire exactly one (1) year from time of issuance if work has not commenced.
The following information shall be included when applying to drill or re-enter a well for gas, oil or other hydrocarbon within the corporate limits of the City of Girard, Ohio:
(a) Permit. Each application shall include a complete copy of the valid permit or permits issued by the State of Ohio for well or wells to be included in the conditional zoning. Said copy shall include the plan approved by the State for the disposal and storage of brine and other waste substances resulting, obtained or produced in connection with exploration, drilling or production of oil or gas.
(b) Plot Plan. Each application shall include a plot plan of the property involved in the application. Applicant shall develop the property in accordance with the plot plan. The plot plan shall have thereon:
(l) North arrow and ten (10) feet contours;
(2) Names, addresses and telephone numbers of record owner of property, applicant and driller;
(3) Lot lines of all abutting properties within 1,000 feet of the proposed well site;
(4) Location of all buildings and structures within a radius of 500 feet of the proposed well site;
(5) Location of all wells and well appurtenances, that is, the well head(s), piping valves, tanks, tank batteries, sales lines and separators;
(6) A circle drawn on the plot plan at a radius of 100 feet, 200 feet, 300 feet, 500 feet, and 1,000 feet from the proposed well site;
(7) The names and addresses of the owners of all properties shown on the plot plan, including the well site parcel;
(8) Location of all existing streams, ponds, lakes and other surface water bodies, including wetlands, within 500 feet of the proposed well head;
(9) Location of all pipelines from the well site or wells to tanks or tank batteries and of all pipelines from tanks to existing or new supply line of lines;
(10) Location of public and private utilities and easements, and copies of easements or options for easements for a pipe line where the pipeline will be crossing other property and shall provide a copy of an agreement or option for a location for storage tanks, should there be a producing well;
(11) Name, address, and telephone number of individual whom may be contacted in the case of emergency;
(12) A listing of the dates and times it is anticipated that the site preparation, drilling and completion will take place;
(13) A permit fee of $5,000.00;
(14) The road bond referred to in Section 757.16;
(15) A certificate of liability insurance designating the City of Girard as an "additional insured" under the policy procured by the applicant;
(16) If the request for a drilling permit is a part of a large planned drilling area, the applicant must submit a plan upon which is shown the location of all projected drilling units, including the proposed locations of the drilling sites.
(17) Intended depth of the wells and geological formation to be utilized.
(c) Brine Hauler. The application shall include the names, addresses, phone numbers and division registration number of each person who has been or will be contracted to haul brine, salt water or other waste from the well site. The petitioner shall supply specific plans for the removal, disposal methods and disposal site of all spoils, salt water, and other residues and waste materials from the drilling, fracturing, or production of the well. All waste materials, such as sludge, brine, or other waste effluents from the wells or tank sites, shall be hauled off the property and deposited at State approved disposal sites. Brine disposal shall not be permitted within the City.
(d) Emergency Information. The petitioner shall have complied with applicable oil and gas well emergency information as defined in subsection (c) hereof and Section 757.10
(d).
(e) Site Analysis. After the information from subsections (a) through (d) hereof has been received, the City Engineer shall conduct a "site analysis" before a City drilling permit is issued. It shall specify the conditions at the site, the types of vegetation, the topography, and shall list any other important natural features.
(f) Restoration Plan. The petitioner shall submit a restoration and planting plan to the Planning Commission and landowner(s) and this plan is to be subject to their approval. The site shall be initially restored immediately upon completion of drilling activities. The amount of time allowed for final restoration, such as final grading, planting of trees, shrubs, and grass shall be determined by the Planning Commission at the time of their review of application. Extensions may be requested and granted by the Zoning Inspector during poor weather conditions, but final restoration in no case shall be longer than 6 months upon completion of drilling and fracturing operations.
(g) Fencing. Any person, firm or corporation who completes any well for production shall enclose said well, together with all surface facilities and storage tanks and any other facilities and appurtenances thereof, by a substantial fence properly built so as to ordinarily keep persons and animals out of the enclosure. All gates thereto shall be kept locked when the permittee or his employees are not within the enclosure. Nothing herein mandates all such facilities be within the same fenced area, and the Planning Commission shall approve any plan which they believe ordinarily protects persons and animals from danger, and is further defined as follows:
(1) A board-on-board fenced wall
(2) A chainlink fence with 3-1/2" mesh interwoven with opaque materials for use with chain link fence, when such materials are compatible with surrounding uses and effectively screen the oil and gas facility
(3) A minimum of a six (6) foot high, three and one half (3-1/2) inch mesh galvanized metal chain link fence with a locked gate and three (3) strands of barbed wire at the top. All fences are to be made of galvanized metal and are to be anchored in accordance with the City of Girard Building Code in such a manner as to secure them in place. All fencing shall be installed prior to start of production and shall be maintained for the life of the well.
(h) Landscaping. Landscaping shall be required in areas which are subject to public view or high traffic areas as determined by the Planning Commission, in addition to fencing. It shall be of the evergreen variety and shall serve to screen the well from view. Such evergreens shall be of the size as to create a substantial visual barrier. The permittee shall also keep the well site area clear of high grass and weeds in accordance with all City ordinances.
(i) Access Drive. Prior to the drilling of any well, service and emergency access drives shall be constructed. They shall be paved with suitable road materials acceptable to the City Safety-Service Director to prevent mud deposits on the public streets and to permit emergency vehicular access during inclement weather. Access drives shall be adequately fenced and have a gate with a locked device to prevent unauthorized entry where deemed applicable by the City Safety-Service Director. The drives, fences, and gates shall be maintained by the permit holder for the life of the well. Where necessary, the permit holder shall be required to install culvert pipe at the street. At the time the plot plan is submitted, the Planning Commission shall determine if a turnaround is necessary and the location of such turnaround, if it is necessary.
(j) Separators. No permittee shall use any separator within the City limits unless a positive drip shut off is located within the separator or externally connected to the main output line(s) as well as, to any external connection line to a residence, business, outbuilding, etc. to prevent back flow of fluid through the lines.
(k) Gas Lines. All metal sales lines and connections used by permittee that are to be located underground shall be covered with a non-corrosive coating such as epoxy, but excluding ordinary paints, varnishes, or galvanized coatings. The coating shall resist corrosion and electrolysis. All gas and oil sale lines shall be buried thirty-six (36) inches below the ground surface and marked with underground locator tape no less than one foot above lines and eighteen (18) inches below surface.
(l) Storage Tanks. No permittee shall use, construct or operate in connection with any producing well within the City limits any crude oil storage tanks except to the extent of two (2) steel tanks for oil or water storage, not exceeding 50 barrels for brine or water and 100 barrels for oil. Each tank is to be maintained to be as vapor tight as possible. All accessible openings to storage tanks are to be blocked with a permanently attached screen, cross bars, or an obstruction device and shall be locked if deemed necessary by the City Safety-Service Director to protect children from danger. Storage tanks are to have easily visible identification labels either painted or permanently attached by an adhesive to identify the contents of the tank. Storage tanks and the separator shall be placed on a bed of limestone or natural stone to help control oxidation. Each tank shall be surrounded by a nonporous dike such as earth, clay, steel or concrete at such distance from the tanks as will under any foreseeable circumstances hold and retain at least 150% of the maximum capacity of such tank. Permittee may use, construct and operate a steel conventional separator and such other steel tanks and appurtenances as are necessary for treating oil, with each at such facilities to be constructed and maintained as to be as vapor tight as possible. No such tanks may be located within 200 feet of any building or structure unless permittee obtains a written waiver from the property owner releasing such 200 foot setback. Storage tanks shall not exceed ten (10) feet in height. Tanks, wellhead, separators, and appurtenances shall be painted a common inconspicuous color such as brown or green that will serve to aesthetically blend in with the surrounding area and to help withhold them from view.
(m) Oil and Gas Facilities. All oil and gas facilities shall be painted and maintained in a good state of appearance for the life of the well. The facility shall have posted in a prominent place a metal or plastic sign no less than two square feet placed in a conspicuous area or a permanently attached waterproof label on a storage tank as deemed necessary by the Planning Commission with the following information:
(1) Permittee's name.
(2) Lease name.
(3) Location of the drill site.
(4) Identifying number of the permit issued by the State of Ohio Department of natural Resources Division of Oil and Gas.
(5) A number to contact permittee in case of emergency.
(n) Upkeep. The premises shall be kept in a clean condition, free from rubbish of every character at all times during which the drilling operations or re-working operations are being conducted, and as long thereafter as oil and gas are being produced therefrom. All trees, limbs, stumps and brush uprooted, cut, or damaged as a result of the drilling process shall also be removed from the well site and disposed of. The well site shall not be used for any other purpose except to conduct normal oil and gas production operations. The well site shall not be used for the storage of pipe, equipment, etc. (except for that equipment required for safety purposes), or materials, except during the drilling or servicing of the well or of the production facilities.
(o) Fire Prevention.
(1) The permittee shall provide the City of Girard Fire Department a site plan indicating the location of the wellhead, tank battery, and/or any production facilities and the route of access.
(2) The permittee shall inform the City of Girard Fire Department as to all times the permittee shall be drilling, completing or reworking said oil and gas well.
(3) In case of an emergency, blow-out, or the uncontrolled escaping of oil, the permittee shall immediately notify the City of Girard Police Department, and the City Safety-Service Director.
(4) The permittee shall paint the main shut-off valves to the well the color red.
(5) The permittee shall provide to the City of Girard Fire Department written detailed instructions on how to shut down the well in case of emergency and shall also provide a simple drawing or schematic indicating control valves, regulators, average, line pressure, etc. to be used for reference in case of an emergency. The diagram shall be modified and resubmitted any time that a change in equipment or facilities occurs.
(6) The permittee shall provide keys to all locks to the City of Girard Police and Fire Departments in case of an emergency and shall specify to which well they belong. All locks shall be keyed alike and utilize a master key.
(7) The name, address and telephone number of the persons responsible for the ownership, operation and all maintenance of each producing well located within the City shall be furnished to the City Safety-Service Director, Police Department and Fire Department in order that some responsible person may be reached at any time in the event of an emergency. The Police Chief shall prepare a list of such names and addresses and shall keep the list posted in the Police Department for ready reference.
(8) Within the fenced in areas or attached to a fence surrounding any well head, storage tank, or separator shall be placed metal or plastic sign(s) indicating presence of natural gas and a safety standard pictorial sign indicating fire danger. (Ord. 6324-91. Passed 12-16-91.)