§ 152.096 SPECIFIC REQUIREMENTS.
   All applicants and permittees for a gas and oil well drilling conditional use zoning certificate shall comply with the following specific requirements, which are deemed to be minimum specifications unless noted otherwise:
   (A)   Noise level. Drilling operations shall be controlled by double exhausts, mufflers, or otherwise, so that the noise level of actual drilling does not exceed the noise level of 55 dba at a 300-foot radius from the well site during the time period commencing at 7:00 p.m. and terminating at 7:00 a.m. the following day. At any other time, the noise level shall not exceed 70 dba at a radius of 300 feet from the well site.
   (B)   Fencing and landscaping. The permittee, driller, or producer of any drilled well, whether producing or not, shall meet the following requirements:
      (1)   Within six months of initiation of production, the well head and all production and processing equipment shall be enclosed by permanent eight-foot-high fencing with two gates at opposite ends of the enclosure of such quality and maintenance to prevent to a reasonable degree, any unauthorized entry or access.
      (2)   Wells, production facilities, and processing equipment located near an area of existing homes where two or more dwellings, not belonging to the owner(s) or permittee for said well or equipment are located partly or completely within a radius of 300 feet from the well or equipment shall be enclosed by a vision obscuring masonry wall or wood fence at least eight feet high.
      (3)   In all undeveloped areas not part of a platted or proposed residential subdivision or not containing existing homes as specified in division (B)(2) of this section, the vision obscuring masonry wall and wood fences may be delayed at the discretion of the Planning Commission and Council, who may at some future date require vision obscuring fences in response to changing development conditions and as a condition for the continued production of an existing well. Non-vision obscuring fences shall be of chain link at least eight feet high.
      (4)   Wells, production facilities and processing equipment located on a site adjacent to existing or proposed residential, commercial, or other non-residential, commercial, or other non-residential structures or land uses, or adjacent to existing streets, roads, or highways, where potentially damaged by the well or facilities, may be required by the Planning Commission and Council, to be enclosed by a vision obscuring masonry wall and wood fence at least eight feet high.
      (5)   In addition to fine grading and the restoration of grass or other vegetative cover, the well head and all equipment sites located within 500 feet of nonindustrial areas, shall be landscaped with shrubs and trees to create an environment and appearance compatible with the adjacent properties, neighborhood and area. Upon the recommendation of the Planning Commission after reviewing the submitted plans for restoration, fencing, and landscaping, the Council shall approve the amount and type of landscaping to be provided. Existing trees and shrubs shall be preserved and utilized to as great a degree as possible in the final restoration and landscaping.
      (6)   Restoration, fencing, and landscaping shall be completed within six months of the date drilling was initiated, conforming with approved plans and prior to the release of performance bonds.
(Ord. 2018-80, passed 11-20-18)