733.11 STANDARDS AND REGULATIONS FOR DRILLING AND EXPLORATION.

   (a)   Person, as used in this chapter means and includes any person, firm, partnership, association, corporation, trust, cooperative or other type of organization. The word "Well," as used in this chapter, means any hole or bore to any depth, for the purpose of producing and recovering any oil and/or gas.

      (1)   No person shall drill a new gas or oil well within the City without first securing a permit to do so. For each well to be drilled an application for a permit shall be made to the Building Commission upon such forms as it may prescribe. It shall be signed by the applicant or by a person authorized to sign on the applicant's behalf. In addition, a fee for such permit in the amount of two thousand five dollars ($2,500.00) shall be paid with any such application. Said application shall be submitted to the Planning and Zoning Commission, which shall review the application and recommend to Council what action should be taken regarding the application. No applicant shall request a permit to drill more than one well.

      (2)   Contents of permit application.

         A.   The applicant shall submit the information described herein on such forms as the Planning and Zoning Commission may determine.

         B.   Said application shall be submitted to the Planning and Zoning Commission, which shall review the application and recommend to Council what action should be taken on the application.

         C.   The following information shall be included in every application for a permit to drill or re-enter a well for gas, oil, or other hydrocarbon within the corporate limits of the City.

            1.    Permit. Each application shall include a complete copy of the valid permit or permits issued by the State of Ohio for the well to be drilled. 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.

            2.    Plot plan. Each application shall include a plot plan of the property involved in the application. The applicant shall develop the property in accordance with the plot plan. The plot plan shall have thereon:

               a.   North arrow;

               b.   Names, addresses, and telephone numbers of record owner of property, applicant, and driller;

               c.   Lot lines of all abutting properties as well as the lot lines of all properties within 500 feet of the proposed well site;

               d.   Location of all buildings, structures and public roads within a radius of 500 feet of the proposed well site;

               e.   Location of all existing and/or permitted oil or gas wells and well appurtenances, that is, the well head, piping valves, tanks, tank batteries, sales lines, and separators;

               f.   Location of all private access roads and driveways to all well sites and tank sites showing the width of such private roads and driveways, and such other information as is required below;

               g.   Circles drawn on the plot plan at radii of 100 feet, 200 feet, and 500 feet from the proposed well site;

               h.   The names and addresses of the owners of all properties shown on the plot plan, including the well site parcel;

               i.   Location of all existing streams, ponds, lakes, and other surface water bodies, including wetlands, within 500 feet of the proposed well site;

               j.   Locations 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 or lines;

               k.   Location of public and private utilities and easements within the lease area; and

               l.   City-wide vicinity map at a scale of 1" = 2,000', that shows the relationship of the proposed oil or gas well site to the surrounding area and that identifies the location of nearby public streets, public parks, schools and public buildings within this surrounding area.

            3.   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.

            4.   Emergency Information. The application shall include an affidavit indicating that the petitioner will comply with the emergency information of Highland Heights Chapter 1521.

            5.   Site. The applicant shall submit an affidavit satisfactory to the City confirming written notification of the applicant's name, address, and phone number; location of the proposed well head drilling unit, and tanks boundary to all land owners within 500 feet of the well head as well as the applicant's intention to drill such a well and to make application for a permit to do so.

      (3)   Fencing and landscaping. The petitioner shall submit a restoration, fencing and planting plan to the Building Department and, this plan is to be subject to its approval. All oil and gas well heads, storage tanks and separator units shall be fenced. In addition, all equipment relating to the gas or oil well site shall be properly landscaped as approved by the City to obscure its view from adjoining property owners. The impact on the adjoining properties shall be considered in the landscape plan. Said landscaping may be in the form of "recessing" or "earthen diking" of the equipment and, additionally, pines and/or shrubs shall be planted and maintained in a surrounding fashion.

      (4)   Insurance/liability. 

         A.   The petitioner shall submit a sworn statement that the owner has obtained and shall keep in full force and effect during the entire operation of the drilling, and continued operation of said well, a combined single limit insurance blanket liability policy for five million dollars ($5,000,000) with the City named as an additional insured thereon.

         B.   The petitioner shall indemnify the City from all damages, loss, or liability of whatever nature or kind caused by or arising out of the erection of, maintenance, or use of said well.

      (5)   Drilling procedures.

         A.   The well shall be constructed and operated in accordance with the permits issued by the State Department of Natural Resources, except for any of the conditions herein which are additional or more restrictive.

         B.   The petitioner shall notify the Fire Chief, the Ward Councilperson, and the Building Department at least ten days prior to the commencement of drilling.

         C.   All wells shall be drilled with "mud", a liquid combined with certain solids. A blowout preventor (BOP) stack shall be required on the well drilled, including a minimum of one pipe ram or hydril with a subsurface check valve, and the BOP shall be tested at the well site prior to the start of drilling.

         D.   All waste substances shall be removed from the well site via tank truck and deposited at state-approved dump sites. The annular disposal of brine on the site shall be prohibited.

         E.   When the drilling is completed and the site restored, the Fire Chief, Building Department, and City Council shall be notified for an inspection.

         F.   The reserve pit used to contain the brine, mud cuttings, and other waste material accumulated during the drilling period, shall be filled immediately upon the completion of the drilling.

         G.   All flammable and combustible liquids from the producing well shall be stored in underground tanks and all liquids shall be removed from the tank by tank trucks.

         H.   No driller/permittee, without a permit from the Fire Department, shall detonate explosive devices, other than the process known as "perforate," or perform the process called "fracturing," between the hours of 7:00 p.m. and 7:00 a.m. There shall be no cable tool drilling allowed in the City. All operations shall be conducted in such a manner as to eliminate, as far as practical, dust, noise, vibration, and noxious odors.

      (6)   Schedule. The petitioner shall include a statement of the proposed schedule, listing when the drilling is expected to begin and to be completed, when the driveway or access road is to be installed and a tentative schedule of fencing and landscaping.

      (7)   Access roads. 

         A.   All access roads used for ingress and egress to the drilling site, including, but not limited to, roads leading to tanks or wellheads shall be concrete or asphalt and be of sufficient width (minimum of 18 feet) and improved to permit access by emergency vehicles.

         B.   All access to the well site shall be limited to the access road.

         C.   Any debris shall be removed from City streets immediately.

      (8)   Tanks, battery, well head. and sales lines.

         A.   A tank battery shall be located a minimum of 500 feet from the closest residential property line.

         B.   A tank battery shall be located a minimum of 100 feet from lakes, streams, rivers, or other large water bodies.

         C.   All tank batteries shall be located a minimum of 100 feet from public rights-of-way.

         D.   All storage tanks and other equipment located above ground shall be painted in such shades of dark green as will minimize the visual obtrusiveness of the equipment. The contents of each storage tank or tank battery shall be identified in eight inch high letters on the tank in a color distinct from their background.

         E.   A well head and all storage tanks shall be located a minimum of 500 feet from residential property lines, churches, schools, day-care centers, public parks, playgrounds, auditoriums, public libraries, shopping centers, or any other public building which may be used as a place of public assembly.

         F.   The pump jack shall be electrically powered.

         G.   All sales lines from the tank battery shall be permanently marked for their entire length at a maximum interval of 200 feet between markers.

         H.   Brine tanks shall extend no higher than eight (8) feet from grade, and, if necessary, shall be recessed in order to meet this requirement.

         I.   All equipment to be used at the well and site shall be maintained in good operating condition.

         J.   The property owner and operator shall consent to provide unrestricted access to the well head and tank batteries, to the Fire Chief, the Building Department, Mayor and City Council for purposes of inspection until the well is abandoned and the site restored.

      (9)   Plugging of a well. All abandoned oil or gas wells must be plugged in the manner prescribed by Ohio R.C. Chapter 1509, and Highland Heights Code Section 733.06, and by this section and shall be done as required by the laws of the State.

      (10)   Services fee. 

         A.   A fee of two hundred and fifty dollars ($250.00) which is distinct from the two thousand five hundred dollars ($2,500.00) permit application fee, shall be paid to the City at the time of permit application to defray the cost of services included, but not limited to, the following:

            1.   Review permit and inspection by the Fire Chief.

            2.   Review of the restoration and planting plan.

         B.   An annual permit and inspection fee of two hundred and fifty dollars ($250.00) shall be paid to the Fire Department to defray the cost of a yearly inspection to ensure proper maintenance of all well facilities and site conditions.

         C.   Council and the Planning and Zoning Commission shall have the authority, in the course of consideration of the application for a permit and in the course of periodic inspections of the well, to require the applicant or certificate holder, as the case may be, to submit evidence both of the producer's or contractor's qualifications and experience in oil and gas well operations and/or the condition and maintenance of the equipment and appurtenances at the well and well site.

      (11)   Performance bond. To insure the landscaping on the approved plans, a performance bond shall be placed with the Building Department at one hundred percent (100%) of the estimated cost of the approved landscaping.

      (12)   Well abandonment. 

         A.   In the event that a well is abandoned, the petitioner must provide a written notification to the Building Department before the well is abandoned and equipment removed. All petitioners shall be required to pull and/or plug a well site on abandonment, remove all aboveground appurtenances, return the ground to its original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging, or abandoning oil or gas wells. "Abandonment" means any action or inaction by the applicant, contractor, owner, or other person which results in a producing well not being operated for at least one year as defined in Section 733.01 of these regulations, or results in any drilling operation for a new oil or gas well being halted, stopped, or otherwise suspended for 60 days.

         B.   All abandoned oil or gas wells must be plugged in the manner prescribed by Ohio Revised Code 1509, and Highland Heights Code Section 733.06 and all well sites shall be returned to predrilling condition.

         C.   After proper plugging, all well sites shall be returned to pre- drilling condition.

         D.   The planning staff, the City Planning and Zoning Commission, and Council, when studying a permit application shall be guided by the development conditions listed in this Zoning Code for the particular use and area districts in which it is proposed. The petitioner may be required to post a performance bond to assure compliance with the conditions specified by the Commission and Council.

      (13)   Variance. The Planning and Zoning Commission may permit exceptions to any of the provisions in this chapter if the applicant meets the requirements of an unduly burdensome hardship, and other requirements pursuant to law, unless such exception falls within the authority of the Ohio Department of Natural Resources, Division of Oil and Gas.

         (Ord. 16-2000. Passed 9-26-00.)