No person, firm or corporation shall within the limits of the City, drill a new oil or gas well, drill an existing oil or gas well any deeper, reopen an oil or gas well, convert an oil or gas well to any use other than its original purpose or plug back an oil or gas well to a source of supply different from the existing pool, without first having obtained a permit that is, a "City permit", to do so issued from the Planning Director.
No person, firm or corporation shall drill into the City from a surface location outside the City limits, drill a new oil or gas well, drill an existing oil or gas well any deeper, reopen an oil and gas well, convert an oil or gas well to any other use other than its original purpose, or plug back an oil or gas well to a source of supply difference from the existing pool, without first obtaining a registration permit issued by the Planning Director.
The Planning Director shall issue such permit to any person, firm or corporation who has been issued a corresponding permit by the Chief of the Division of Oil and Gas of the State Department of Natural Resources, pursuant to Ohio R.C. Chapter 1509 and who has otherwise complied with the applicable requirements of this chapter. No person, firm or corporation shall be issued such a City permit until the fee of five thousand dollars ($5,000) has been paid to the City.
When the surface location of a gas or oil well is outside the corporate limits of the City, but enters or terminates inside the City limits, no person, firm or corporation shall be issued a registration permit until the fee of five thousand dollars ($5,000) has been paid to the City.
The following information shall be included when applying to drill or re-enter a well for gas, oil or other hydrocarbon within the corporate limits of the City.
(Ord. 10354/92. Passed 2-12-92.)
(a) Permit. Each application shall include a complete copy of the valid permit or permits issued by the State of Ohio for well or wells to be included in the conditional zoning. Such 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.
(b) Plot Plan. Each application shall include a plot plan of the property involved in the application. Applicant shall develop the property in accordance with the plot plan. The plot plan shall have thereon:
(1) North arrow;
(2) Names, addresses and telephone numbers of record owner of property, applicant and driller;
(3) Lot lines of all abutting properties;
(4) Location of all buildings and structures within a radii of 200 feet of the proposed well site;
(5) Locations of all wells and well appurtenances, that is, the well head(s), piping valves, tanks, tank batteries, sales lines and separators;
(6) A circle drawn on the plot plan at a radius of 500 feet from the proposed well site;
(7) The names and addresses of the owners of all properties shown on the plot plan, including the well site parcel;
(8) Location of all existing streams, ponds, lakes and other surface water bodies, including wetlands, within the 100 feet of the proposed well head;
(9) 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;
(10) Location of public and private utilities and easements within the lease area;
(11) Name, address and telephone number of individual whom may be contacted in case of emergency;
(12) A listing of the dates and times it is anticipated that site preparation, drilling erection, drilling and completion will take place;
(13) A permit fee of five thousand dollars ($5,000);
(14) The road bond referred to in this Chapter; and
(15) A certificate of liability insurance designating the City as an "additional insured" under the policy procured by the applicant.
(c) 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.
(d) Emergency Information. The petitioner has complied with applicable oil and gas well emergency information.
(e) Site Analysis. After the above information has been received, the Planning Department shall conduct a site analysis before a City drilling permit is issued. It shall specify the conditions at the site, the types of vegetation, the topography and shall list any other important natural features.
(f) Restoration and Planting Plan. The petitioner shall submit a restoration and planting plan to the Department of Planning 99d Landowner and this plan is to be subject to their approval. The site shall be restored in accordance with such plan within thirty days after completion of drilling. Extensions may be requested and granted during poor weather conditions.
(g) Fencing. Any person, firm or corporation who completes any well for production shall enclose the well, together with all surface facilities and storage tanks and any other facilities and appurtenances thereto, by a substantial fence properly built so as to ordinarily keep persons and animals out of the enclosure. All gates thereto shall be kept locked when the permittee or his employees are not within the enclosure. Nothing herein mandates all such facilities be within the same fenced area, and the Planning Director or his designate shall be authorized to approve any plan which he believes ordinarily protects persons and animals from danger, and is further defined as follows:
(1) A board-on-board fenced wall;
(2) A chain link fabric with 3-1/2 inch mesh interwoven with opaque materials for use with chink link fabric when such materials are compatible with surrounding uses and effectively screen the oil and gas facility.
(h) Landscaping. Landscaping shall be required in areas which are subject to public view or high traffic areas, in addition to fencing. It shall be of the evergreen variety.
(i) Storage Tanks. No permittee shall use, construct or operate in connection with any producing well within the City limits any crude oil storage tanks except to the extent of two steel or fiberglass tanks for oil or water storage, not exceeding 210 barrels capacity each, and so constructed and maintained as to be as vapor tight as possible or otherwise properly vented. Each tank shall be surrounded by an earthen fire wall at such distance from the tanks as will under any foreseeable circumstances hold and retain at least one hundred and fifty percent (150%) of the maximum capacity of such tank. Permittee may use, construct and operate a steel conventional separator and such other steel tanks and appurtenances as are necessary for treating oil, with each at such facilities to be so constructed and maintained as to be as vapor tight as possible. No such tanks may be located within 200 feet of a residence of a platted lot or parcel of land or within 200 feet of any building or structure unless permittee obtains a waiver releasing such 200 foot setback.
In areas that are visible to residential areas or visible from high traffic areas, the storage tanks shall not exceed six feet in height. Tanks shall be painted an inconspicuous color such as brown or green.
(j) Oil and Gas Facilities. All oil and gas facilities shall be painted and maintained in a good state of appearance. The facility shall have posted in a prominent place a metal sign no less than two square feet in an area upon which the following information shall be conspicuous;
(1) Permittee's name;
(2) Lease name;
(3) Location of the drill site;
(4) Identifying number of the permit issued by the State Department of Natural Resources Division of Oil and Gas;
(5) A number to contact permittee in case of emergency.
(k) Maintenance of Premises. The premises shall be kept in a clean condition, free from rubbish of every character, to the satisfaction of the Planning Director or his designate, at all times during which the drilling operations or reworking operations are being conducted, and as long thereafter as oil or gas is being produced therefrom. The well site shall not be used for any other purpose except to conduct normal oil and gas production operations. The well site shall not be used for the storage of pipe, equipment, etc. (except for that equipment required for safety purposes), or materials, except during the drilling or servicing of the well or of the production facilities.
(l) Nuisance Condition Prohibited. All oil and drilling and production operations shall be conducted in such a manner as to eliminate, as fare as practical, dust, noise, vibration or noxious odors and shall be in accordance with the best accepted practices incident to the drilling for, and production of, oil, gas and other hydrocarbon substances. Proven technological improvements in exploration, drilling and production methods shall be adopted as they become, from time-to-time, capable of reducing factors of nuisance and annoyance in accordance with prudent practices in the industry.
(m) Fire Prevention.
(1) The permittee shall provide the City Fire Department a site plan indicating the location of the wellhead, tank battery, and or, any production facilities and the route of access.
(2) The permittee shall inform the City Fire Department as to all times the permittee shall be drilling, completing or reworking such oil and gas well.
(3) In case of an emergency, blow-out or the uncontrolled escaping of oil, the permittee shall immediately notify the City Fire Department, the Police Department, the Director of Service and Safety and the Planning Department.
(4) The permittee shall paint the main shut-off valve to the well red and supply the location to the Fire Department.
(Ord. 10175/90. Passed 10-24-90.)
(n) Maintenance and Security Bond. An annual maintenance and security bond in the amount of five thousand dollars ($5,000) shall be provided the City for each year the gas and/or oil well remains in existence to ensure the provisions of this chapter are adhered to. This bond shall be maintained in the office of the Engineering, Planning and Building Department.
Upon written notification by the City to the permittee of any discrepancies in regard to this chapter, the permittee shall correct same within thirty days of this notice or the City shall take the appropriate action, utilizing this bond, to correct the discrepancies.
(Ord. 10700/94. Passed 9-14-94.)