In lieu of the requirements of Section 1137.03(c), the following information shall be submitted as part of the application:
(a) Completion of Application Form. Application forms are available in the Planning Department and shall be completed by the applicant. Owner(s) of all properties contained in the drill unit and the drilling company are to be identified on the application form and shall sign the form.
(b) Compliance with General Conditional Use Criteria. The applicant shall submit a statement supported by substantiating evidence regarding the requirements enumerated in Section 1161.02.
(c) Site Plan and Vicinity Map Requirements. Each application for a conditional use certificate for well drilling 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 properties 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 1,200 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 City 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.
(d) Performance Guarantees. At the time of approval, $2,000, or equivalent bond, shall be deposited with the zoning inspector to serve as a financial guarantee for the compliance with the requirements of this subchapter and other applicable sections of the City's regulations. Such 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 conditional use certificate for drilling granted under these regulations, or by any employee, contractor, subcontractor or other party performing services in connection with any certificate. Guarantees shall be released upon completion of all restoration, landscaping and facilities as identified on the plans approved by Council. Completion shall be determined by the Zoning Compliance Officer after inspection of the facilities and site.
(e) Easements 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.
(f) Emergency Information. In order that some responsible person 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 City, shall be furnished to the director of public safety, 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.
(g) State Permits Required. Applications for a conditional use certificate for drilling shall be considered by the Planning Commission and Council only when the application includes a copy of a currently valid permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas.
(h) Consents from Residents Within 500 Feet. All applications for a drilling certificate shall be accompanied by written consents of the owners and adult occupants of 51 percent or more of the residential dwellings partly or fully included within a radius of 500 feet from the proposed well location as identified on the state required well location survey. The consents shall plainly state that the persons whose signatures are affixed thereto do hereby acknowledge the well drilling proposal as contained in the application and are not opposed to the drilling of a well for oil or gas on the site as proposed in the application for the conditional use certificate. Owners or adult occupants of the residential dwellings partly or fully included within a radius of 500 feet from the proposed well location and who meet any of the following criteria shall not be permitted to object, but shall be deemed to have given his written consent, under the provisions of this section, to the drilling of an oil or gas well on the proposed site:
(1) The person has leased his property for drilling gas or oil;
(2) The person, his lessee, contractor, or agent has signed and filed an application for a state or local permit to drill for oil or gas on his property;
(3) The person has signed and delivered a written assent under this section to another application for a certificate to drill a gas or oil well;
(4) The person has unitized his property by entering into a community lease or other agreement for drilling a gas or oil well.
(i) Waivers from Residents Within 200 Feet. In addition to the consents required in subsection (h) above, 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 drilling certificate:
(1) The owners and adult occupants of any building or structure which are located within 200 feet of the proposed well, as located on the well location survey, must waive, in writing, the distance set forth in the proposal. 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 buildings or structures 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 and Council shall consider special features affecting the application for a conditional use 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 and Council shall deem relevant to the application. Should the Planning Commission and Council, upon considering such special features, find that an undue hazard is created, then irrespective of waivers being provided, as specified in this section, Council may refuse to authorize a conditional use certificate. Such denial and the undue hazard upon which the denial is based, shall be recorded in the minutes of the Planning Commission or Council.
(3) Where the owners and adult occupants of any buildings or structures which are 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.
(j) Affidavit of Compliance or Exceptions. The applicant for a conditional use certificate for drilling 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 use certificate to drill or shall be grounds to revoke a certificate already authorized or issued by the City.
(k) Brine Disposal Permit Required. Application for a conditional use certificate shall be considered by the Planning Commission and Council only when the application includes a copy of the applicant's registration certificate from the State of Ohio relating to brine disposal or a copy of a contract with a brine transporter possessing a registration certificate. In the event evidence is by way of a contract, a copy of the brine transporters registration certificate shall be attached thereto. In addition thereto, there shall be filed with the City a copy of the approved plan for brine disposal, evidence of endorsement on any liability insurance required therein of the City of Stow's status as an additional insured. The terms and provisions of House Bill 501, amending Sections 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 1509.06, 1509.07, 1509.72, 1509.08, 1509.11, 1509.13, 1509.22, 1509.23, 1509.24, 1509.31, 1509.33, 1509.40, and 1509.99 and to enact Sections 1509.061, 1509.222, 1509.223, 1509.224, 1509.225, and 1509.226 of the Ohio Revised Code, from its effective date shall govern the disposal of brine for all wells located within the City of Stow.
(Ord. 2007-222. Passed 1-10-08.)