760.03 PERMIT APPLICATION; REVIEW.

   (a)   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 (hereinafter referred to as "City permit") to do so issued from the City Engineer or his designee.

   (b)   In order to obtain the permit required under this section, the following shall be submitted to the City Engineer or his designee at least five business days prior to the commencement of any activity described hereinabove:

       (1)   An exact and complete copy of a valid permit for the proposed activity issued from the Chief of the Division of Oil and Gas of the Ohio Department of Natural Resources pursuant to Ohio R.C. Chapter 1509, along with an exact and complete copy of any application, plan, map and other documentation filed therefor;

       (2)   A map or plan of the general area in which the activity will take place, specifying any residences within 1000 feet of the site of the activity and the proposed route of access to the activity site for motor vehicles and equipment;

       (3)   A listing of the dates and times it is anticipated that site preparation or drilling rig erection will take place;

       (4)   A permit fee of one thousand dollars ($1,000) which shall be allocated for building inspection services;

       (5)   The road bond referred to in Section 760.05;

       (6)   A certificate of liability insurance indicating the City as an "additional named insured" under the policy procured by the applicant; and

       (7)   Paid for advertising to be published in the Youngstown Vindicator at least three times in the week prior to each drilling activity commencing;

       (8)   Site preparation and pre-drilling shall be done in daylight hours only. Proper landscaping and fencing to be approved by the Zoning Analyst shall be installed within thirty days after the drilling is completed;

       (9)   The Fire Department shall have access to the site; training for the Fire Department personnel shall be given by permit holders for gas and oil well emergencies, maps locating well-heads and separators shall be provided to the Fire Chief and City Engineer. (Ord. 89-47. Passed 5-24-89.)

      (10)   The residents within 700 feet of the well shall be given notice of the location, time of the drilling and shall be given the opportunity to be included in this expansion of the statutory 500-foot radius requirement for permission to drill and inclusion in payment of royalties, that is, the 500-foot radius for the drilling unit is increased to 700 feet.

         (Ord. 89-382. Passed 7-18-89.)

   (c)   The City Engineer or his designee is hereby granted the authority to limit the nighttime hours the person, firm or corporation may conduct site preparation or drilling erection activities within the City limits, taking into consideration the noise generated by such activities may have on residents of the City living within 1000 feet of the activity site. The noise level shall not exceed a decibel level of more than fifty-five decibels from 5:00 p.m. to 7:00 a.m. and seventy decibels during the day from 7:00 a.m. to 5:00 p.m. The City Engineer or his designee is granted the additional authority to determine the route of access for motor vehicles and equipment traveling to and from the activity site which he believes will result in the least potential for damage to City streets, avenues, alleys, lanes or public grounds and danger to residents, pedestrians or traffic; provided, however, that the determination of such access route by the City Engineer or his designee shall not unreasonably delay, prevent, deny or preclude such person, firm or corporation from commencing its drilling activities.

   The permitted hours of activities and the permitted access route determined by the City Engineer or his designee shall be indicated on or attached to the permit issued under this section.

   (d)   Upon completing his review of the application materials submitted in accordance with this section and determining whether or not operational limitations are necessary and the access route for motor vehicles and equipment, the City Engineer or his designee shall issue the permit required under this section to the person, firm or corporation that has made application therefor. The City Engineer or his designee shall be required to complete his review and make all determinations required within five business days of receipt of all application materials submitted as required under this section. (Ord. 89-47. Passed 5-24-89.)