Brewster City Zoning Code
OIL AND
GAS WELLS
§ 153.265 APPLICATION OF REGULATIONS.
All provisions of §§ 153.265 through 153.298 shall apply to all applicants for conditional zoning certificates for oil and gas well permits. Brine disposal will not be permitted within the corporation as specified in § 153.295. The heirs, executors or assigns of any individual permittee, and the successors and assigns of any firm, partnership, association or corporate permittee, as fully bound by these provisions as the original permittee. All references to oil and/or gas shall be understood to include any other hydrocarbon products of such well drilling operations.
(Ord. 30-1974, § 504.01, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.266 INTENT, AUTHORITY OF PLANNING COMMISSION.
(A) It is the intent of this section, in addition to prescribing minimum standards, to make drilling as safe as possible within the village, and also to cause drilling activity to be carried on in those zoning districts where they are specifically listed as a conditionally permitted use.
(B) The village is aware of the difficulty in setting rigid rules as to the areas to be included in any one unit. It is the intent of this chapter to have property drilled, when reasonable and expedient in the village’s judgment, on one permit encompassing all appropriate and compatible properties and to prevent the withholding of permission by a landowner for the sole purpose of later requesting individual permission to drill on the same lot or area.
(C) The Planning Commission is herewith given full authority to impose such requirements as it shall deem necessary to give full force and effect to the intent as expressed in division (A) above. Each application for a permit shall rest solely upon its merits and the prudent use of discretion by the Planning Commission.
(Ord. 30-1974, § 504.02, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.267 PERMIT REQUIRED.
(A) No person, corporation or other entity shall commence to drill a well for oil, gas or other hydrocarbons within the corporate limits of the village until such time as the person has wholly complied with all provisions of this chapter and a conditional zoning use has been approved by the Planning Commission. This conditional zoning certificate will expire one year after date of issue if actual on-site drilling has not begun. The Planning Commission may, for good cause, grant an extension up to one year, approved at a scheduled public hearing. No well, or wells, shall begin production until compliance with all provisions are certified by both the Fire Chief and the Village Zoning Inspector.
(B) No person shall be permitted to drill more than two oil/gas wells at any one time. Application for the third permit or any subsequent permits, may be made upon completion of the drilling of the first, second and each numerically subsequent well.
(Ord. 30-1974, § 504.03, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.268 PERMIT APPLICATION.
Any person desiring to drill a well for oil or gas sited within the corporate limits of the village shall make application for a conditional zoning certificate to the Planning Commission. All requests for permits must be completed at the time of the application. A fee as required in § 153.297 shall be paid at the time the application is filed. No refund of any part of a permit fee shall be made to any permit holder for a dry hole or for failure to exercise the privilege to drill upon the site covered by the permit.
(Ord. 30-1974, § 504.04, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.269 PUBLIC HEARING.
(A) The Planning Commission shall, before granting a conditional zoning certificate, schedule a public hearing, the date and time of which shall be established by the Planning Commission, and shall cause all property owners and residents within the village within 500 feet of the wellhead to be notified of such hearing, in writing, all by regular mail and notice shall be given of such hearing by publication in a newspaper of general circulation in the village. The notice to the property owners and residents must carry a map showing the specific location of the well. The public hearing must occur not less than three weeks prior to the commencement of drilling. It shall be sufficient notice to all of the residents of any one residential unit to address notice to “Resident or Residents” at the mailing address of the residential unit.
(B) In addition thereto, the developer shall notify the Village Administrator 48 hours prior to actual drilling.
(C) Compliance with the hearing provisions of this chapter shall be mandatory conditions precedent to the commencement of drilling under the permit.
(Ord. 30-1974, § 504.05, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.270 PERFORMANCE BOND.
At the time of the application, every applicant shall deposit with the village a performance bond conditional upon compliance with this chapter. The amount of the bond, not less than $10,000, the terms and conditions to be set by the Planning Commission upon issuance of the conditional zoning certificate. The bond shall not only be conditioned upon compliance by the applicant, but also upon compliance with this chapter by any assignee and owner of any permit granted hereunder, or any employee, contractor, subcontractor or other party performing services in connection with any permit issued hereunder. Bond shall be released when wells and tank batteries have been removed and premises restored to predrilling conditions.
(Ord. 30-1974, § 504.06, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.271 PERMITTED ZONING DISTRICTS.
(A) Oil and gas well drilling shall be permitted as a conditional use in specified zoning districts as hereinafter set forth, and certain criteria are enacted to minimize safety, public welfare and visual concerns through buffering, siting and design and construction.
(B) Oil and gas well drilling, siting and any accompanying drilling and site modifications will be restricted to any I-2 Industrial District in the village.
(Ord. 30-1974, § 504.07, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.272 DRILLING NEAR STRUCTURES; EXCEPTIONS.
No drilling shall be permitted for oil or gas wells within 300 feet of residential structures, mercantile buildings or any school, church, hospital, theater or assembly hall, as the same are defined by the Ohio Revised Code, regardless of the zone. In the case of particular installations where compliance with the foregoing distance requirements may be a handicap to the use of the property and where no undue hazard will be created, the Planning Commission may, with waivers as required in § 153.273, reduce the distance to not less than 200 feet. Any reduction in distance must be based upon a consideration of the special features such as topographical conditions, nature of occupancy, and proximity of buildings on the adjoining property, proximity of storage tanks, degree of fire protection provided and the facilities available at the Fire Department to cope with controlling liquid fires. The above features are not to be construed in any way as a limitation of matters which the Planning Commission may consider. The Planning Commission shall have the right to consider any and all other special features it may consider important in determining whether or not an undue hazard is created.
(Ord. 30-1974, § 504.08, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.273 DISTANCE RESTRICTIONS.
(A) All distances as set forth in this section shall be those distances as measured from the exact center of a proposed drilling site.
(B) No drilling shall be permitted for oil and/or gas wells within 1,000 feet of any well used by the village or other water utility for the purpose of producing water for public use.
(Ord. 30-1974, § 504.09, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.274 CONSENT FROM PROPERTY OWNERS WITHIN 500 FEET.
(A) All applicants for a permit to drill for oil and/or gas in non-industrial and industrial zoned areas in the city shall be accompanied by consents in writing of owners of two-thirds (66%) or more of the real estate units located within a radius of 500 feet from the proposed drilling site. The consents shall plainly state that the persons whose signatures are affixed thereto do give their consent to the drilling of a well for oil or gas on the site as proposed in the application for a drilling permit. Measurement for determination of the distance of the aforesaid 500 feet shall be made from the exact center of the hole that is to be drilled for the well. As used in this section, the term REAL ESTATE UNIT means a land area with a common ownership irrespective as to how it may be divided among lots.
(B) In the event that the owner of any property abutting a proposed well site:
(1) Has leased his or her property for drilling for oil or gas;
(2) Has signed and filed an application for a permit to drill for oil or gas on his or her property, or his or her lessee, contractor or agent has signed and filed the application;
(3) Has signed and delivered a written assent under this section to an application for a permit to drill a well for oil or gas; or
(4) Has utilized his or her property by entering into a community lease or agreement for drilling a well for oil or gas, if the well to which he or she has assented or which is to be drilled under the community lease or agreement is to be located nearer to his or her property than the well or proposed well site first above mentioned in this division (B), then the owner shall not be permitted to object, but shall be deemed to have given his or her written assent, under the provisions of this section, to drilling as well for oil and/or gas on the proposed well site first mentioned above, then the owner shall not be permitted to object, but shall be deemed to have given his or her written assent, under the provisions of this section, to drilling a well for oil and/or gas on the proposed well site first mentioned above.
(C) However, any owner who has united his or her property by entering into a community lease or agreement as set forth in division (B)(4) above, shall not share in any adjacent well production because of conflicting lease interests of the real estate caused by the real estate being in more than one unitized area. It is the expressed intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(Ord. 30-1974, § 504.10, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.275 PLOT MAP AND VICINITY MAP.
Each application for a drilling permit must be accompanied by a plot plan and vicinity map of the area involved in the application drawn to scale and showing thereon:
(A) The lot lines of all properties within 1,000 feet of the proposed well site;
(B) The location of all buildings and structures within 500 feet of the proposed well site;
(C) The location of all associated wells and appliances; that is, the wellhead, piping, tank batteries, access roads, drives or fences;
(D) A landscaping plan drawn to reasonable scale as required unless specifically waived by the Planning Commission;
(E) The names and addresses of the owners and the addresses of the occupants of each;
(F) A circle drawn on the map at a radius of 100 feet, 200 feet, 300 feet, 500 feet and 1,000 feet from the proposed well site;
(G) A schematic shall be modified and resubmitted to the Planning Commission for informational purposes at any time that a change in either pipeline locations, connections or shutoff valves occur;
(H) A listing of the name, address and telephone number of the firm and/or individuals making the permit application; and
(I) If the request for a drilling permit is part of a larger planned drilling area, the applicant must submit a plan upon which is shown the location of all projected drilling units, including the proposed locations of the drilling sites.
(Ord. 30-1974, § 504.11, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.276 AFFIDAVIT OF COMPLIANCE OR EXCEPTION.
An applicant for a permit shall be required to file with the application an affidavit stating that the applicant has complied with all conditions of this chapter and setting forth any exceptions thereto. Any false statements in the affidavit shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued by the city.
(Ord. 30-1974, § 504.12, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.277 EASEMENTS OR OPTIONS FOR PIPELINES AND STORAGE TANKS.
An applicant who has received a conditional zoning certificate and has realized a producing well shall submit to the Village Administrator copies of easements or options for easements for a pipeline where the pipeline will be crossing other property and shall also provide a copy of an agreement or option for a location for storage tanks, should there be a producing well.
(Ord. 30-1974, § 504.13, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.278 EXISTING APPLICATIONS AND PERMITS.
All applications for permits on file on the date of passage of this chapter shall be governed by the provisions of this chapter.
(Ord. 30-1974, § 504.14, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.279 STATE PERMIT REQUIRED.
The Planning Commission will consider applications for permits to drill within the corporate limits but will not issue a conditional zoning certificate until the applicant presents evidence of having obtained a permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas.
(Ord. 30-1974, § 504.15, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.280 PERMIT ISSUANCE, LIABILITY INSURANCE.
(A) Upon approval by a majority of the Planning Commission of a conditional zoning certificate, the Village Zoning Inspector shall issue the permit applied for. However, prior to issuance, the city shall be provided with a policy or certificate of insurance covering the applicant’s liability in an amount of not less than $500,000 property damage and not less than $1,000,000 personal injury, the amount to be set by the Planning Commission. The insurance policy or policies must be maintained for such period of time as drilling is in progress, the well is in operation or is producing oil or gas or until the well is pulled and plugged as hereinafter provided. The insurance policies and the coverages, thereunder, must be in the complete satisfaction of the Village Solicitor and such policies may be rejected by the village for any valid reason. The rejection of the insurance policies by the village shall serve to stay the granting of a permit theretofore approved by it until such time as an insurance policy providing coverage entirely satisfactory to the village has been provided by the applicant.
(B) All insurance coverage shall include coverage for all items specified in this chapter including coverage resulting from blowout and cratering.
(C) The permittee shall hold the village harmless from all liability resulting from the granting of a permit through this chapter.
(Ord. 30-1974, § 504.16, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.281 INSPECTION; PERMIT REVOCATION.
The Village Administrator, or a duly authorized representative designated by the Village Administrator, shall have the authority, at any time, to enter upon property where a drilling site is contemplated, upon property where a well is in the process of being drilled, upon a producing well site, for the purpose of inspecting the site, equipment and all other things necessary to assure compliance with this section.
(Ord. 30-1974, § 504.17, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.282 INFORMATION TO BE FURNISHED TO VILLAGE.
The name, address and telephone number of the persons responsible for the ownership, operation and all maintenance of each producing well located within the village shall be furnished to the Village Administrator, Police Department and Fire Department in order that some responsible person may be reached at any time in the event of an emergency. The Police Chief shall prepare a list of such names and addresses and shall keep the list posted in a conspicuous place in the Police Department for ready reference. Detailed instructions regarding the shutdown procedures for each well shall be filed with the Fire Chief.
(Ord. 30-1974, § 504.18, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.283 MAINTENANCE OF WELL SITES, INGRESS AND EGRESS, LANDSCAPING.
(A) The applicant shall install a 40-foot long culvert as approved by the Village Engineer, at each entrance or exit, to provide for a gravel cushion at road edge to prevent berm and roadway destruction. Further, a gravel entry path, the construction of which shall be approved by the Village Administrator, shall be laid to reduce the amount of mud being carried to the right-of-way.
(B) The well site shall be landscaped and maintained in a manner as approved by the Planning Commission.
(Ord. 30-1974, § 504.19, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.284 ROTARY EQUIPMENT.
The drilling preparation used in wells drilled with rotary equipment shall be capable of sealing off each oil, gas, brine or fresh water stratum above the producing horizon or objective formation and shall be capable of preventing blowouts and flows of salt or fresh water, in accordance with good well drilling practice.
(Ord. 30-1974, § 504.20, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.285 CABLE TOOLS.
Wells drilled with cable tools shall have the innermost string of casing equipped with a high pressure master gate valve and control head and an oil saver, securely anchored by concrete, prior to drilling any formation likely to contain oil or gas.
(Ord. 30-1974, § 504.21, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.286 TRAINING OF CREWS; CONDITION OF EQUIPMENT.
All crews shall be trained in the operation of the blowout preventer, control head and related equipment and all equipment to be used shall be in good condition.
(Ord. 30-1974, § 504.22, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.287 SEALING TO PROTECT FRESH WATER WELLS.
It shall be the duty of the permittee to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. Both the permittee and his or her driller shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish proper potability on any polluted or contaminated well or wells. The permit holder and the driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the affected parties receiving the same. The drillers’ responsibility shall include covering the cost of drilling new wells or extending village water service including tap-in fee should that be necessary.
(Ord. 30-1974, § 504.23, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.288 FENCE REQUIREMENTS; ELECTRIC POWERED WELL PUMP REQUIRED.
(A) A permittee shall maintain a fence around the drilling site in accordance with good oil field practice. Should a well be a producer, the permittee shall, on completion of the well, construct a fence, as specified by the Planning Commission, around the well pump, and shall thereafter maintain that fence in good state of repair. All landscaping shall be completed as soon as possible after setting of the storage tanks, but in no case longer than six months.
(B) All well pumps shall be operated by explosion- proof electric motors only unless otherwise approved by the Planning Commission for good cause shown.
(C) All existing and future tank batteries, separators, drainage pits and all other installations of equipment used at oil well installations located within the corporate limits of the village, shall be surrounded by a fence, which fence shall be the sufficient height and construction to meet with the approval of the Planning Commission. The fence shall be maintained in a state of repair satisfactory to the Village Administrator. The fence shall be a minimum of six feet high, of design and material specified by the Planning Commission, with suitable locking gates for access. Locking devices used on all gates, valves or other secured apparatus in conjunction with any well or tank battery operated by a permittee in the village shall all be keyed alike so that one key will provide access to any such secured apparatus. A copy of such key will be provided to the Village Fire Department. all shutoff valves shall be painted a conspicuous common color.
(Ord. 30-1974, § 504.24, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.289 PROHIBITED DRAINAGE ON STORM AND SANITARY SEWERS, WATER BODIES ANS STREAMS AND SURROUNDING AREAS.
No waste, sludge, water, brine or effluents of any type emanating from an oil or gas well shall, in any manner, be emptied or drained into any storm or sanitary sewer or water body or stream within the village. Such wastes shall be removed from the site in trucks, tanks or similar vehicles for disposal in suitable licensed and permitted disposal sites outside of the village.
(Ord. 30-1974, § 504.25, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.290 STORAGE TANKS, LOCATION AND DIKING.
(A) Oil well storage tanks must be located a minimum of 500 feet from industrial, commercial or residential structures, mercantile buildings or any church, hospital, theater, assembly hall, library, public building or other public gathering place and at least 150 feet back from a public road or street, regardless of the zone.
(B) All oil well storage tanks or groups of tanks situated within the corporate limits of the village shall be diked or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity of not less than that of the tank or tanks served by enclosure.
(C) All dikes shall be continuous with no openings for roadways and no residual opening shall remain as a result of piping passing through.
(D) All dikes shall be constructed of earth, clay, steel, masonry or reinforced concrete so constructed as to be water-tight and afford adequate protection and, if of concrete or masonry, shall be properly reinforced and shall have footings below the frost line. All pits used for storage or disposal of sludge or lime shall be lined with plastic or comparable material to prevent leaching and shall be of sufficient size to contain all effluents.
(Ord. 30-1974, § 504.26, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.291 MUD ON SITE OR STREETS.
All permittees shall use care at a drilling site to keep the area around the drilling site free of mud which will be carried onto the public streets by any vehicle or other equipment used at the drilling site. Should any mud be carried onto public streets from a drilling site, the permittee shall be required to clean up the streets to the satisfaction of the village at no cost to the village. The village shall have authority to request a permittee to clean up the public streets to the satisfaction of the village, or failure to take specific steps to reduce mud at a given location as requested by the village shall be grounds for revocation of a permit and/or forfeiture of the bond posted under § 153.270.
(Ord. 30-1974, § 504.27, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.292 RESTORATION OF PUBLIC PROPERTY; CLEANING SITE.
(A) The permittee shall restore the streets, sidewalks and other public places of the village damaged or destructed in the operations of drilling or preparing to drill to their former conditions immediately upon completion of the drilling.
(B) The permittee shall clear the area of all litter, rubbish, machinery, derricks, buildings, oil or other substances used or added to the use of drilling or producing or brine disposal operations.
(C) The permittee will hold the village harmless from any and all liability growing out of the issuance of a conditional zoning permit for an oil or gas well.
(Ord. 30-1974, § 504.28, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.293 ABANDONED WELLS.
(A) In the event that a well is abandoned, it shall be the duty of the owner or lessee to notify the Village Administrator of such abandonment before the well has been abandoned and the equipment removed. A well shall be considered abandoned when it is in a condition in which it is incapable of functioning for 30 days.
(B) All permittees shall be required to pull and/or plug a well site on abandonment and remove all aboveground appurtenances and return ground to original grade and condition and follow any other rules or regulations promulgated by any department or division of the state relative to pulling, plugging and abandoning oil or gas wells. This shall be completed within six months.
(C) Landscaping may be preserved at the time of abandonment of the well, if feasible and if desired by the property owner.
(Ord. 30-1974, § 504.29, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.294 NOISE LEVEL.
Drilling operations shall be controlled, by double exhausts or otherwise, so that the noise level of actual drilling does not exceed the noise level of 75 decibels in a 500 feet radius during maximum noise production periods. Drilling may occur only during daylight hours on wells located within 1,000 feet of a developed residential area.
(Ord. 30-1974, § 504.30, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.295 BRINE DISPOSAL.
(A) No brine disposal will be permitted within the corporation limits of the village.
(B) All brine disposal will be in accordance with all county, state and federal regulations.
(Ord. 30-1974, § 504.31, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.296 ANNUAL INSPECTION.
(A) In order to ensure continued compliance with the provisions of these regulations, the owner/operator or person responsible for the upkeep of the property, shall, prior to the receipt of a conditional use permit, sign a consent form agreeing to an annual inspection of the well site by the village or its designees.
(B) This inspection shall be conducted on or about the anniversary date of the receipt of the conditional use permit, and a fee as shown on § 153.297 will be required.
(Ord. 30-1974, § 504.32, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.297 FEES REQUIRED.
The Zoning Inspector shall collect all applicable fees and expenses which shall follow:
(A) A nonrefundable filing and processing fee of $250 shall accompany the conditional use application submitted to the Village Planning Commission.
(B) If the conditional use permit is approved by the Village Planning Commission, the following permit fees will be collected prior to issuance of a permit:
New oil or gas well | $1,000 |
Each additional well on original site | $1,000 |
(C) A fee of $250 shall be paid to the village for the required annual inspection.
(D) The applicant for a oil or gas well drilling site shall be responsible for any additional expenses incurred by the village, or its agents, for any technical and/or engineering services deemed necessary for the village to perform any reviews or inspections required by these regulations or any other governmental agencies where such expenses may exceed any fees already collected as provided herein.
(Ord. 30-1974, § 504.33, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)
§ 153.298 EXCEPTIONS BY PLANNING COMMISSION AND COUNCIL.
A request for an exception to any provision of §§ 153.265 through 153.298 of the Village Zoning Code shall be made in writing to the Village Planning Commission and, where the Planning Commission feels special conditions warrant granting the exceptions, Village Council shall be notified of the decision. Any exception to any of the provisions of §§ 153.265 through 153.298 of the Village Zoning Code must be approved by both the Planning Commission and Village Council.
(Ord. 30-1974, § 504.34, passed 7-15-1974; Ord. 01-2002, passed 1-4-2002)