Any person who has a permit to drill for oil and gas within the City of Mayfield Heights, which has been issued by any Department of the State of Ohio ("Permit Holder"), shall adhere to the following regulations:
(a) A copy of the State issued permit shall be filed with the City's Building Director no later than four weeks before the commencement of any operations preparatory to drilling in the City. Upon receipt by the Building Director, a copy of such permit shall be delivered to all owners and/or occupants of all properties which adjoin the property where a well is to be drilled.
(b) With a copy of the permit, a letter shall be filed with the Building Director which identifies the owner(s) of the subject property where the well is to be drilled; by name and address, identifying all persons, including but not limited to the Permit Holder, who are responsible for the drilling and operation of the well. The identification shall include, at a minimum, names, addresses and work telephone numbers. Any contractors performing gas or oil well drilling work shall comply with the parameters of Chapter 1335 of the Codified Ordinances of the City including, but not limited to:
(1) Being registered with the City; and
(2) Obtaining a drilling permit from the City in the amount of five hundred dollars ($500.00).
(c) Plans for all wells, tank batteries, all excavation work (including but not limited to boring pits) and all other site work shall be presented to the Building Director and the City Engineer not less than four weeks prior to the commencement of any drilling or other operations. These plans shall show the topography of the site and of all vehicular access to and from the site, from any road or street.
(d) Plans showing all buildings on the subject premises, and all buildings within 500 feet of the well and tank sites, shall be provided.
(e) No well may be drilled, or tank batteries located, in any location where emergency vehicles (e.g. fire trucks and ambulances) cannot obtain reasonable access to the site.
(f) No well is allowed to be drilled within any distance of any structure or facility (e.g. a playground) which, based upon the specific facts and circumstances surrounding such structure or facility, creates a threat to the health, safety and welfare of said structure or facilities or occupants or users thereof.
(g) Proof of insurance shall be filed with the Building Director and Law Director, prior to the commencement of drilling. The proof of insurance must establish that the Permit Holder is insured by a solvent insurer, licensed to do business in the State of Ohio, with limits of three million dollars ($3,000,000) per occurrence for personal injury and property damage. The City shall be named as an additional insured on the policy.
(h) Emergency contact information for all persons engaged in drilling and operating the well shall be filed with the Building Director and Fire Chief, prior to the commencement of drilling. Such information shall be immediately updated upon any change of circumstance(s.)
(i) Within ten days after drilling operations have been completed, the Permit Holder shall do all of the following:
(1) Remove all bore pits, and all well spoils from the subject property;
(2) Fill all bore pits with clean fill dirt, and restore the grade of the site to its previous elevation;
(3) Seed all disturbed sites with grass or other vegetative ground, and ensure such ground cover becomes established; and
(4) Notify the Building Director and City Engineer that the site has been restored pursuant to the terms of this subsection (i). The Building Director, City Engineer and any other professional needed by the City, shall inspect the site within 14 days of the notification.
(j) At all times relative to the drilling, operation and capping of the well, the well and all tank facilities shall be secured from public access by sufficient fencing and vegetation. The sufficiency of the fencing and vegetation shall be determined the by the Building Director.
(k) Within ten days after the drilling operations have been completed, the Permit Holder shall plant sufficient vegetation which, in conjunction with any fencing and natural vegetation, shall effectively and permanently screen all above-ground facilities from all neighbors and from all public and private rights-of- way while such facilities are on the subject premises. The Building Director, City Engineer and any other professional needed by the City shall determine the sufficiency of the screening and vegetation and may order the Permit Holder to install additional screening or plant more vegetation.
(l) The Permit Holder shall give the Building Director at least four weeks advance notice before commencing to drill.
(m) A cash bond of five thousand dollars ($5,000.00) per well, shall be filed with the Building Director to ensure sufficient securing and screening of facilities, as provided herein, and to ensure the proper capping of the well, the removal of all equipment and the restoration of the site after the well is abandoned. The Municipality shall return the bond upon the restoration of the site after the well has been abandoned and all equipment has been removed.
(n) Notwithstanding any other provision of these Codified Ordinances, drilling operations may occur 24 hours per day until the permitted depth is reached. This provision does not obviate the Permit Holder's obligation to ensure that adjacent residents are not inconvenienced or otherwise impacted by any nuisance, excessive noise or noxious fumes as further regulated in the City's Codified Ordinances including, but not limited to, Section 547.12.
(o) It shall be a violation of this section for a Permit Holder to violate the terms and conditions of any State issued permit.
(p) A deposit in the amount of two thousand five hundred dollars ($2,500.00), per well, shall be filed with the City, to ensure payment of any fees which will be incurred by the City Engineer or any other professional the City determines it must engage. Upon completion of all involvement by the City Engineer (or other professional), the City shall return any funds which remain on deposit.
(q) The Building Director or his designee shall, within ten business days of receipt of the plans, pursuant to subsection (c) hereof, review said plans and immediately advise the permit holder if anything shown on the plans does not comply with the regulations set forth herein. In the event that any Permit Holder fails to comply with the regulations herein promulgated, the administrative official responsible for the enforcement hereof (i.e. the Building Director or Fire Chief, as designated,) shall provide written notice to the owner of the property and the Permit Holder within 48 hours of the failure to comply. Such service shall be made to the addresses identified in subsection (b) hereof, and if no address has been provided to any address identified on the permit issued by the State of Ohio. The notice shall advise the owner and the Permit Holder that if they wish to appeal the decision of the administrative official, the time for appeal is five days after service of the notice.
(Ord. 2005-26. Passed 1-23-06.)