The following data shall be submitted as part of the application:
(a) Application Form. The applicant shall complete the form supplied by the Village through the Zoning Inspector. The owner(s) of all properties contained in the drill unit and the drilling company shall be identified on the application form and shall sign the form.
(b) Site Plan and Vicinity Map. Each application for a drilling conditional zoning certificate shall be accompanied by a site plan and vicinity map of the area involved in the application drawn to scale and showing thereon:
(1) The current lot lines of all abutting and other properties within 500 feet of the proposed well drill unit.
(2) The current locations, dimensions, and use of all buildings and structures within 500 feet of the proposed well and associated producing and processing equipment locations.
(3) The proposed locations of the well and all associated appliances and facilities, such as wellhead, piping, separators, scrubbers, tank batteries, access roads, dikes, fences and the like.
(4) The proposed landscaping, screening, and restoration plans, including professional estimates as to the costs of plant materials and construction.
(5) The names and addresses of all owners of property partly or fully included within a radius of 1200 feet of the proposed well and associated equipment site(s).
(6) The proposed location of pipelines to be utilized to transmit the gas and/or oil to off-site locations and facilities to be established at the receiving facility location(s).
(7) A schematic of all pipelines, connections and shut-off valves for emergency purposes; the schematic shall be modified and resubmitted to the Village for emergency purposes at any time that a change in equipment or facilities occurs.
(8) Specific plans for the removal, disposal methods and disposal site of all spoils, salt water, and other residues and waste materials resulting from the drilling, fracturing, or production of the well. Plans shall include a list of the names and addresses of all persons who will be used to haul wastes and shall state the ultimate location of waste disposal.
(c) Performance Guarantee.
(1) At the time of approval, $5,000 cash shall be deposited with the Village Fiscal Officer for deposit into a separate interest bearing account to serve as a financial guarantee for the compliance with the requirements of this section and other applicable sections of the Village's regulations. Such a guarantee shall not only be conditioned upon compliance by the applicant, but also upon compliance with these requirements by any assignee and owner of any drilling conditional zoning certificate granted under these regulations, or by any employee, contractor, subcontractor or other party performing services in connection with any certificate. Guarantees shall be released only upon completion of all restoration, landscaping, and termination of operation as provided for on the plans approved by the Planning Commission. Completion shall be determined by the Planning Commission after inspection of the facilities and site by the Zoning Inspector and Village Engineer.
(2) This guarantee may be utilized in full or in part by the Village for maintenance deemed necessary by the Zoning Inspector or Village Engineer, or his designate, and not being done by the permit holder after written notice by the Village to the permit holder indicating the nature of the problem and the time period to be allowed for the
remedy. The guarantee shall be maintained at the level of $5,000 and shall be replenished to that level each time a Village incurred cost is charged against it. Failure to maintain the cash guarantee at a level of $5,000 shall be grounds for certificate revocation pursuant to Section 1161.08(c). All such Village costs shall be documented, a permanent record maintained, and a copy sent to the permit holder. In the event the $5,000 guarantee account should accrue $1,000 interest, the Village Fiscal Officer shall release said interest in excess of the $5,000 guarantee.
(3) Technical Assistance. In light of the technical and potentially complex nature of well drilling, gas and oil production and facilities maintenance, the Village may need to utilize the Village Solicitor, Village Engineer, other consultants, technical people, and special equipment for the evaluation and regulation of plans, operations and maintenance including such things as monitoring and measuring noise and odor levels. The costs for such consultants, technical people or special equipment shall be paid for by the applicant or permit holder in an amount not to exceed the amount of the performance guarantee and may be charged against the performance guarantee. In the event additional money is required, these costs will be incurred only upon the prior consideration and approval by the Planning Commission in consultation with the well owner, applicant, or permit holder.
(d) Easement or Options. Copies of easements or options for easements shall be submitted with the application for all pipelines, production and processing equipment and access drives where all such facilities are to cross properties not included as part of the drill site or drill unit.
(e) Emergency Information. In order that some responsible person or persons may be reached at any time in the event of an emergency, the name, address and telephone numbers of the persons responsible for the ownership, operation, and all maintenance of each drilled well, whether capped, temporarily out of production, not yet fractured, or in production, located within the Village shall be furnished to the service director, police department and fire department. This information shall include the street location and state permit number and name of the well. The fire chief shall prepare a list of such names, addresses and well information and shall keep the list posted in a conspicuous place in the police and fire departments for ready reference.
(f) State Permit Required. Applications for a well drilling conditional zoning certificate shall be considered by the Planning Commission only when the application includes a copy of both a currently valid permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas, and the applicant's completed permit application from the Division which shall include all information required thereon, and evidence of compliance with all conditions for permit approval.
(g) Waivers from Residents Within 200 Feet. No drilling shall be permitted for oil or gas wells within 200 feet of any existing building or structure of any nature unless written waivers as herein specified accompany an application for a well drilling conditional zoning certificate:
(1) The owners and adult occupants of any building or structure which is located within 200 feet of the proposed well, as located on the well location survey, must waive, in writing, the minimum distance requirements set forth in these regulations. The owners or occupants may waive down to a minimum distance of 100 feet without the necessity of vacating or causing to be vacated, any buildings or structures during drilling operations.
(2) The owners and adult occupants of any building or structure of any nature may consent to drilling for oil and gas closer than 100 feet to such buildings or structures, but in such cases, the Planning Commission shall consider special features affecting the application for a drilling certificate, such as topographical conditions, nature of occupancy, and proximity of buildings on the abutting property, facilities available at the fire department to cope with controlling liquid and gas fires, and such other matters as the Planning Commission shall deem relevant to the application. Should the Planning Commission, upon considering such special features, find that an undue hazard is created, the irrespective of waivers being provided, as specified in this section, the Planning Commission shall refuse to authorize a conditional zoning certificate to drill. Such denial and the undue hazard upon which the denial is based, shall be recorded in the minutes of the Planning Commission.
(3) Where the owners and adult occupants of any building or structure which is closer than 200 feet to a proposed well have waived in writing, at any time, the distance requirement provided in this section for any proposed gas
or oil drilling site, then such property owners and occupants shall be deemed to have waived the distance requirement provided for in this section down to the same distance that such party waived for the other proposed drilling site or to the distance that a gas or oil well was actually drilled, whichever is smaller.
(4) All distances, as set forth in this section, shall be those distances as measured from the proposed well location as shown on the state required well location survey.
(h) Affidavit of Compliance or Exceptions. The applicant for a well drilling conditional zoning certificate shall be required to file with the application, an affidavit stating that the applicant has complied with all conditions of this subchapter and other applicable requirements of this code, or setting forth any exceptions thereto. Any false or erroneous statement in the affidavit shall be grounds to refuse to authorize a conditional zoning certificate to drill or shall be grounds to revoke a certificate already authorized or issued by the Village.
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)
(Ord. 84-127. Passed 2-4-85; Ord. 13-150. Passed 1-9-14.)