Chardon City Zoning Code
TITLE FIVE
Subdivision and Site Construction Regulations
1161.01 SCOPE OF REGULATION.
The planning principles and requirements set forth in this chapter are fundamental principles and standards to be applied with professional skill in the planning of subdivisions so as to produce functional, attractive, distinctive, convenient and economical development projects.
(Ord. 3273. Passed 5-9-24.)
1161.03 BLOCK DESIGN.
Blocks shall be designed to accommodate lots of the size required for the district as set forth in the Zoning Ordinance and provide for convenient access, circulation and safety of traffic on adjacent streets. The lines and boundaries of blocks shall be adjusted to conform to the topography and natural feature such as streams and lakes, and so that rear or side lot lines will coincide with corporation lines.
(a) When a parcel is too small to be laid out economically for the use intended and would result in fractional or odd shaped lots or otherwise not conform to the planning principles, the Municipal Approving Authority may request the developer to include adjoining unsubdivided land so a complete block may be planned and developed as a unit.
(b) Block lengths in a residential development shall be planned to average 1500 feet, and shall not exceed 1800 feet, or be less than 800 feet unless approved by the Municipal Approving Authority (see also dead end street limitations Chapter 901 (Street Regulations)) of the Codified Ordinances.
(c) Block widths in a residential development shall be planned to accommodate two tiers of lots. However, a single tier of lots may be required by the Municipal Approving Authority to separate residential development from major streets, adjoining non residential land uses, or unusual topographic or natural features.
(d) A planting screen of at least ten (10) feet in width and with no right of access (excepting emergency accessways required by the Street Regulations), may be required along the line of lots abutting a major street or non residential land use.
(Ord. 3273. Passed 5-9-24.)
1161.05 STREET PLANNING AND VEHICULAR ACCESS.
(a) Vehicular and pedestrian access shall be adequate and convenient to each dwelling unit, planned so that a street, service drive, parking area or delivery area will be located not more than 100 feet from every main or service entrance of a building.
(b) Sidewalks and other pedestrian ways shall be planned, designed, and constructed in accordance with the requirements set forth in Chapter 905 (Sidewalk Regulations) of the Streets, Utilities and Public Service Code.
(c) All properties divided pursuant to the Land Development Regulations shall have their boundary lines monumented as required herein and in accordance with the requirements of Ohio A.C. 4733 37. The top of the monument shall be set at the finish grade upon completion of the grading of the streets and the lots and prior to approval of the Record Documents Submittal.
(d) Monuments.
(1) A monument shall be accurately placed at each corner; at changes in direction of the boundary line; and at the intersection of the boundary line with the right of way line of the streets providing access to the development. The monuments shall be concrete (minimum six (6) inches in diameter and thirty six (36) inches long) with an iron pin in the center.
(2) Streets. Streets shall have monuments in accordance with the requirements of Chapter 901 (Street Regulations) of the Codified Ordinances.
(3) Easements and Rights of way. Excepting streets, the center line of easements or rights of way for Municipal use shall have monuments using reference monuments located along one side of the easement or right of way so as to minimize the potential for their disruption in the event of excavation, or other work, within the easement or right of way area. The reference monuments shall be placed to mark each change in direction of said centerline, and its intersection with other property lines.
(Ord. 3273. Passed 5-9-24.)
1161.07 SINGLE-FAMILY AND TWO-FAMILY LOT DESIGN FOR STANDARD SUBDIVISIONS.
(a) Each lot shall be designed to form a good site for the type of building to be developed, and the lot lines shall not be considered as merely forming a geometric shape which encloses the minimum area permitted. The lots shall be more or less rectangular in form; triangular, elongated or other shapes that restrict its use as a building site shall be avoided.
(b) The mean depth of residential lots abutting a local street shall not exceed two and one half times its width (2½:1). This ratio shall be increased when the rear lot line of such lots abuts a railroad, freeway, or other incompatible nonresidential land use, and the area of the lot increased accordingly.
(c) New lots for one and two family dwellings shall not have vehicle access directly from a major street. Said lots shall be accessed from side streets, marginal access streets, or a variation thereof, to prevent driveways from intersecting the major street (see Street Regulations; Section 901.36(a)). Residential lots abutting major streets shall exceed the aforesaid depth ratio (2½:1) for local streets, in order to increase the safety and privacy thereon. However, the depth shall not exceed five times the width, provided further, that for lots of five acres or less the mean depth shall not exceed 500 feet. Lots of such roadside subdivisions shall be planned to achieve uniform rear lot lines.
(d) Corner lots shall have extra width to obtain the required side yard and building setback from, and the appropriate orientation to both streets and as may be required by the Planning and Zoning Code.
(e) Side lot lines shall be designed to be at right angles to straight street lines or radial to curved street lines. Where a street terminates on another to form a "T" intersection, or terminates on a cul de sac, the side lot lines shall be planned so that a residential building site will not be directly on the projected line of the street which terminates.
(Ord. 3273. Passed 5-9-24.)
1161.09 LOTS OF NONCONFORMING WIDTH.
(a) No person shall create in a standard subdivision, with a cluster development or Planned Residential Development being excluded, a lot that does not possess the minimum lot width, as required in the Planning and Zoning Code, fronting a dedicated and accepted public thoroughfare, street or highway, without having first secured approval of the required variances.
(b) The Planning Commission may grant approval of division of property pursuant to subsection (a) herein and may require any of the following conditions:
(1) If City water and sewer are available within any point within one thousand feet of a parcel of land to be newly created, that said owner or person seeking the division of said property extend City water and sewer to service the newly created parcel of land.
(2) That the newly created parcel of land have access for ingress and egress to a duly dedicated and accepted public thoroughfare, street or highway with a minimum width of said access way of sixty (60) feet and located thereon a concrete or asphalt pavement a minimum width of twenty (20) feet which shall run and connect to the parcel newly created or to any improvement thereon.
(3) Any other required improvements (see Chapter 1163, General Construction Requirements for Improvements) which the Planning Commission deems necessary. (Ord. 3273. Passed 5-9-24.)
1161.11 DESIGN AND DEVELOPMENT STANDARDS AND CRITERIA.
(a) The planning and design of all development projects shall be in accordance with the Planning and Zoning Code, Comprehensive Plan, Streets Utilities and Public Service Code, Building Code, Fire Prevention Code, accepted engineering practices and standards, accepted land planning practices and standards and such other regulations, municipal master plans, requirements, specifications and standards of the Municipality, or other regulatory authority, as may be applicable.
(b) When the Municipality has adopted a Standard Specification for any improvement then the planning and design of such improvement shall evidence strict conformance with said specification.
(c) Private improvements shall be constructed in accordance with the applicable municipal specifications unless otherwise approved by Council.
(d) Utility Easements. Where utilities are not located within a dedicated street right of way the developer shall provide easements for said utilities in accordance with the requirements of the specific utility regulation (see Streets, Utilities and Public Service Code).
(e) Drainage Ways. Easements for open drainage ways shall be provided in accordance with the requirements of Chapter 1165 (Grading and Surface Water Drainage Regulations). Easements for enclosed drainage ways shall be provided in accordance with the requirements of Chapter 929 (Storm Sewer Regulations) of the Codified Ordinances.
(f) Waterways. Drainage courses, ponds, lakes and isolated parcels shall not be accepted unless they are to be a component of private ownership or lands and improvements for public use.
(g) Grading. When any earth moving activities and/or storm water management improvements are proposed or required or necessitated by Municipal regulations said work shall conform to the requirements of Chapter 1165 (Grading and Surface Water Drainage Regulations) of the Land Development Regulations.
(h) Streets and Emergency Access. Rights of way for streets and easements for emergency accessways shall be provided in accordance with the requirements of Chapter 901 (Street Regulations).
(i) Sidewalks and Pedestrian Ways. Rights of way and easements for sidewalks and pedestrian ways shall be provided in accordance with the requirements of Chapter 905 (Sidewalk Regulations).
(j) Street Trees. The planting and removal of street trees shall be in accordance with the requirements of the Streets and Sidewalk Area Code and Chapter 909 (Trees) therein
(k) Natural Features. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in neighborhoods and more attractive building sites. Brooks, lakes, hilltops and other focal points within, and distant views outside, the development project shall be integrated in the design to obtain natural variations and interest in each neighborhood. Trees, topsoil and other natural resources shall be preserved and utilized in the development project.
(l) Low lying areas which are subject to flooding, and easements or rights of way for open channel drainage ways, may be included as part of a lot but shall not be used as a building site or included in calculating the required lot area or width.
(Ord. 3273. Passed 5-9-24.)
1161.13 GENERAL PLANNING REQUIREMENTS.
(a) Improvements Within the Development.
(1) Land for the right of way for all local streets within the development and for all collector and arterial streets within, or on the boundary of, the development shall be dedicated by the developer, and all easements shall be provided.
(2) Utilities and pavements shall be furnished and installed as required by Municipal regulations. They shall be of such sizes and capacities as are required to serve the subject development project, and as may be necessary to serve adjacent land which is an integral part of the service area. However, the developer may not be required to pay for that part of the construction of the pavements of major streets, major trunk line sewers or major water mains which are determined by the Approving Authority to be in excess of the size required for the subject development project and integral service area.
(3) In major developments the developer shall be required to extend street and utility improvements to the boundaries of the proposed project to serve adjoining undeveloped land and/or to connect with such extensions, or the provisions therefor, as may exist on adjacent lands. However, where the Approving Authority determines that a connecting street or utility service is necessary or the future development of adjoining land, but the present construction of pavement and/or utilities are not warranted, the Approving Authority shall, at a minimum, require easements or the dedication of land for such connecting street or utility service; and require that provisions be made, in accordance with the specific improvement regulations, for the future extension of said streets and/or utilities by other developers.
(b) Off site Extensions. The construction of off site improvements to serve a proposed development project may be required of the developer as a precedence to approval if adequate utilities and/or streets are not available at the boundary of the proposed project. However, should the Approving Authority find that the actual construction of such extension of the improvements across undeveloped or unserved areas would not be warranted as either a special assessment to the intervening properties or as a municipal expense, until some future date, then the Approving Authority may waive construction thereof but shall require such easements and/or rights of way as may be necessary therefor.
(c) Determination of Scope of Improvements. In making determinations for the reasonable participation by the developer for the construction of off site extensions or a major street, major trunk sewer line or major water main shall consider the following conditions in addition to the standards set forth in this chapter and other regulations of the Municipality:
(1) The relative location and size of the proposed development;
(2) The traffic estimated to be generated by the development in relation to present streets;
(3) The natural drainage area for sewers and the service area for water;
(4) The benefits that will accrue to the development;
(5) The sequence of land and utility developments in the vicinity;
(6) Any other conditions it may find pertinent.
(d) Non municipal utilities (including, but not limited to, gas, electric, telephone, and cable television) shall be installed underground. The installations shall be in accordance with all applicable codes and requirements. Where said utilities presently exist above ground (excepting those within dedicated rights of way) they shall be removed and placed underground. New installations of non municipal utilities shall not be permitted within a right of way or easement dedicated to public use.
(Ord. 3273. Passed 5-9-24.)
1163.01
General requirements.
1163.03
Performance guarantees.
1163.05
Maintenance guarantee.
1163.07
Construction inspection and testing.
1163.01 GENERAL REQUIREMENTS.
The improvements required for each development are determined according to the proposed land uses; accessibility of existing and planned Municipal storm and sanitary sewers, the proximity of Municipal water mains; the relationship of the proposed development project to existing, or planned, streets and sidewalks; the relationship to other existing or planned development projects and improvements on adjacent lands (or the absence thereof); topography of the subject lands including any existing or potential drainage problems; and improvements delineated in the Comprehensive Plan.
The streets, utilities and other improvements which are required by Municipal regulations are the minimum necessary improvements to provide essential services; safe and adequate access to property; and to provide for the public safety, health and general welfare. The requirements for said improvements are based upon the Municipality's experience with development within the corporate limits and accepted land planning and engineering practices and standards. It is intended that said improvements shall be provided and installed by the developer at his expense. Further, that the developer shall dedicate all land required for rights of way, easements, and other public uses; furnish and install all improvements serving the development project, including the extension of said improvements to the project boundaries, and/or off site, as may be required by the Municipality in order to provide a complete and coordinated systems of streets and utilities and to provide for the future continuation thereof.
(Ord. 3273. Passed 5-9-24.)
1163.03 PERFORMANCE GUARANTEES.
(a) The developer shall post performance guarantees to guarantee the construction of required improvements under any of the following circumstances:
(1) When public funds of the Municipality are to be used in the construction of any improvements, or portions thereof.
(2) As a condition of approval for any variance or other modification which may be granted to any Municipal regulation.
(3) As a condition of approval for any major subdivision, planned unit development, or lands and improvements to be dedicated to public use to guarantee that all aspects of the project shall be constructed as shown and described in the approved Construction Documents submittal and in conformance with all applicable Municipal requirements.
(4) The Approving Authority may, at its sole discretion, require the developer to post such performance guarantees as the Authority deems appropriate in the public interest for any or all improvements due to the nature, circumstances, financing or classification of the proposed project; or for other just cause.
(5) Performance guarantees shall be required when such requirement is set forth in other Municipal regulations.
(b) The requirements for such guarantees shall be as follows, unless otherwise approved by Council:
(1) Type of Guarantees. The developer shall execute and file with the Municipality, a single financial guarantee to guarantee the installation and completion of the designated improvements. Such guarantee shall be in the form of surety acceptable to the Law Director.
(2) Term. The term of such guarantee shall be determined by the Law Director, however, they shall be for not less than one (1) year; and shall not be for a longer period than three (3) years unless Council, by resolution, extends the time.
(3) Amount of Guarantee. The developer shall prepare his actual cost estimates and forward same, with supporting documentation in adequate detail, to the Municipal Engineer for verification of the accuracy, adequacy and appropriateness of the estimated costs. The Municipal Engineer shall adjust the estimate to reflect the labor costs calculated on the then current "Prevailing Wage Determination" of the Ohio Dept. of Industrial Relations.
A. A one (1) year financial guarantee shall be in an amount equal to one hundred percent (100%) of the estimated total of all materials and labor costs to provide and install the required improvements at the then current "prevailing wage".
B. For terms greater than one year the guarantee shall be in an amount equal to the base one hundred percent (100%), as provided for herein, plus ten percent (10%) thereof for each additional six (6) months of term (i.e. a three year guarantee shall be for one hundred forty percent (140%) of the total estimated costs at "prevailing wages").
(c) Progressive Installation. When all, or any portion of the work on an improvement has, upon inspection, been found satisfactorily completed, a reduction in the surety, or partial withdrawal of funds equal to the estimated cost of said completed work, may be authorized by the Approving Authority.
(1) Prior to any subsequent partial reduction in the surety or partial withdrawal of funds, the developer shall submit a notarized lien release certifying that all monies due and payable to vendors, contractors and subcontractors who have provided materials and/or labor for work previously completed have been paid for all such material and labor provided. Until said notarized lien release has been received and approved by the Municipality, no additional withdrawal of funds or reduction in the surety shall be authorized.
(2) Prior to the final reduction in the surety or final release of funds, the developer shall submit a notarized lien release certifying that all monies due and payable to vendors, contractors and subcontractors who have provided materials and/or labor for any work have been paid in full for all such material and labor provided.
(d) Forfeiture of Guarantees. When performance, maintenance, or other guarantees have been posted and thereafter the developer fails to diligently pursue the work; or fails to complete the installation of the guaranteed improvements; or fails to construct said improvements in accordance with the approved Construction Document submittal; or otherwise fails to conform with any terms and/or conditions of the guarantee or of any Municipal approvals or Municipal requirements for the subject project, then the Municipality, after giving notice which it deems reasonable under the particular circumstances, shall utilize such monies or bonds as have been posted. (Ord. 3273. Passed 5-9-24.)
1163.05 MAINTENANCE GUARANTEE.
(a) The developer shall guarantee the materials and workmanship of all improvements to be dedicated to public use, and certain private improvements when so required by Municipal regulations, for an eighteen (18) month period after acceptance of dedicated improvements, or approval of private improvements, by the Municipality.
(b) In order to secure the guarantee, the developer shall provide a letter of credit, cash in bank, a maintenance bond or other single surety acceptable to, and subject to the approval of, the Approving Authority in an amount equal to fifteen percent (15%) of the total estimated cost of the improvement (as determined in Section 1163.03(b)(3) above).
(c) If the maintenance guarantee balance should be depleted during its term to less than the original amount, then the developer shall replenish the guarantee to the amount originally required within thirty (30) days of notification to accomplish same or forfeit the entire remaining guarantee balance. (Ord. 3273. Passed 5-9-24.)
1163.07 CONSTRUCTION INSPECTION AND TESTING.
The construction of any improvement shall be subject to inspection by the Municipality for determination of conformance with the approved construction documents and applicable Municipal requirements. The work and materials shall be subject to testing by the Municipality, as may be appropriate in accordance with accepted engineering practice, for determination of conformance with the specifications and applicable engineering standards. The cost of such inspections and testing shall be paid by the developer prior to final construction approval being granted.
(Ord. 3273. Passed 5-9-24.)
1165.01 GENERAL.
(a) Standards Adopted. The following regulations are hereby adopted by the Council of the City of Chardon, Ohio for the purpose of describing requirements for storm water management and soil erosion control within the corporate limits of the Municipality.
(1) GEAUGA COUNTY WATER MANAGEMENT AND SEDIMENT CONTROL REGULATIONS (GSWCD), as amended by the Geauga Soil and Water Conservation District and adopted on June 30, 2009, by the Board of County Commissioners, County of Geauga, Ohio and as may hereafter be further amended.
(2) Section 3.01(A) of the GSWCD regulations is hereby repealed without replacement.
(3) Section 3.01(B) of the GSWCD regulations is hereby repealed and the following regulation enacted in its place:
"(B) A Water Management and Sediment Control Plan conforming to the requirements of these regulations shall be submitted to the City of Chardon and GSWCD for approval of all soil disturbing activities which disturb one (1) or more acres of land."
(4) Section 3.01(C) of the GSWCD regulations is hereby repealed and the following regulation enacted in its place:
"(C) An Abbreviated Water Management and Sediment Control Plan conforming to the requirements of those regulations shall be submitted to the City of Chardon and GSWCD for approval of all soil disturbing activities which disturb less than one (1) acre of land."
(b) Objectives. It is the intent of the provisions of this chapter, and the adopted standards, to achieve the following objectives.
(1) To maintain downstream flooding, erosion and sedimentation at existing levels.
(2) To reduce damage to receiving waterways which may be caused by increases in the quantity and/or rate of water discharged, and impairment of their capacity which may be caused by sedimentation.
(3) To prevent the diversion of storm water to, and/or the flooding of, any property, or portion thereof, caused by the absence or inadequacy of storm water management practices.
(4) To establish feasible and economically reasonable standards for achieving a level of management and conservation practices which will abate erosion of the soil and degradation of the waterways within the Municipality by soil sediment caused by non farm earth moving activities.
(5) To establish a basis for the design of storm water drainage systems which will preserve the rights and options of both the dominant and servient property owners and help assure the long term adequacy of the Municipal storm sewer system.
(Ord. 3273. Passed 5-9-24.)
1165.03 DESIGN STANDARDS.
(a) Proposed earth moving activities and storm water management practices shall be planned, designed and executed as required by this regulation and as required by the Land Development Regulations, Geauga Soil Sediment Pollution Control Regulations, Ohio Department of Transportation Location and Design Manual Vol. Two (Drainage Design) (Chapters 1101 and 1103 through 1110), the Comprehensive Plan, Chapter 901 (Street Regulation) where applicable, Chapter 929 (Storm Sewer Regulation) and such other adopted regulations and master plans of the Municipality as may be applicable. The referenced design standards shall include such future amendments thereto as may hereafter be adopted by the promulgating agency.
(b) All storm water management practices and any temporary or permanent erosion control practices shall be in accordance with the Municipal specifications, which except as may otherwise be provided herein, shall be the requirements set forth in the Geauga Soil Sediment Pollution Control Regulations.
(c) Easements and Rights-of-Way.
(1) Drainage Ways. Where a development project is traversed by a drainage way, channel or stream, a storm water easement or drainage right of way conforming substantially with the lines of such watercourse shall be provided. The easement, or right of way, shall be a minimum of forty (40) feet wide (exclusive of required lot area) for open channel waterways.
(2) Storm Sewer Easements. Storm sewer easements, or rights of way, shall conform to the requirement of Chapter 929 (Storm Sewer Regulations).
(3) Public Uses. Sites for public drainage ways, receiving waterways and other public uses may be required by the Approving Authority under the provisions of Section 1161.05(d)(3) (Easements and Rights of Way).
(d) Topography and Grading for Streets. When the development contains multiple lots and/or building sites it shall be planned and designed so that as many lots and building sites as possible will be above the street grade.
(1) Drainage. Development projects shall be designed to take every advantage of natural grades so that the land can be satisfactorily drained without excessive grading.
(2) Grading for streets shall be in accordance with the requirements of this regulation and S.U. & P.S. Chapter 901 (Street Regulations).
(3) The floor elevation of each building shall be established in proper relation to the surrounding grade, the driveway and the street. The lot shall be graded so that water drains away from each building at a minimum grade of two percent (2%). Grading shall be adjusted so there will be no abrupt grade changes in the required front yard or along side lot lines.
(4) The grading of blocks and lots shall be in accordance with the standards of the Municipality and may use any of the following grading systems:
A. Where there is a ridge along rear lot lines, and the lots drain to the street.
B. Where parts of all lots drain to a swale, or ditch along rear lot lines.
C. Where there is a cross slope, the drainage onto adjoining properties shall be skillfully controlled.
D. Where the land is relatively flat and adequate drainage must be formed.
E. Or a variation of the above conditions.
(5) The slopes of earth terraces shall not exceed a ratio of 2 ½ to l. If a retaining wall exceeds three (3) feet in height, a hedge, fence or railing shall be provided along the higher side thereof.
(6) All new buildings shall be constructed so that the elevation of the lowest floor shall be above the calculated 100 year water surface elevation of any adjacent natural or manmade open drainage way or flood zone designated on the Flood Insurance Rate Map (Federal Emergency Management Agency) (See Codified Ordinance Chapter 1323, Flood Damage Reduction.
(e) Natural Features. Trees, topsoil and other natural resources shall be preserved and utilized in the development project. In areas subject to earth moving activity the topsoil shall be stripped, stockpiled separately, and used in the finish grading and landscaping of the development project. As many existing trees as can be reasonably utilized in the final development plan shall be retained. No material change in grade shall be made within the diameter of the tree crown. When practical, existing trees shall be transplanted from areas subject to earth moving activity to locations within the development where they can be utilized.
(Ord. 3273. Passed 5-9-24.)
1165.05 WATERWAYS AND DRAINAGE WAYS.
(b) The developer may rechannel any existing drainage way through his property, in order to contain the water flow within a lesser width or in order to relocate the course of drainage upon said property, subject to the approval of the Municipal Approving Authority for the project.
(1) If the rechanneling involves relocating the existing drainage way upon the subject property then the existing drainage way's points of entry to, and exit from, the property shall not be changed. The former drainage way course shall be rendered free of hazards and attractive nuisances in a manner acceptable to the Approving Authority.
(2) The Approving Authority shall require, as conditions of approval for the project, that the developer shall conform to the requirements of this regulation; shall clear said drainage ways of all debris; and shall provide for the maintenance thereof in a manner acceptable to the Approving Authority. The developer's proposed means of conforming to said conditions shall be in writing and shall be included in the project Construction Documents submittal.
(c) Constructed surface drainage swale shall have a grade of not less than one (1%) percent and no more than eight percent (8%).
(Ord. 3273. Passed 5-9-24.)
1165.07 CONSTRUCTION INSPECTION AND TESTING.
All work within the scope of these regulations shall be subject to inspection by the Municipality as necessary before, during and after construction, for determination of any existing drainage problem and for determination of conformance with the approved plans, specifications, and applicable Municipal requirements. The work and materials shall be subject to testing by the Municipality, as may be appropriate in accordance with accepted engineering practice, for determination of conformance with the specifications and applicable engineering standards. The cost of such inspections and testing shall be paid by the developer in accordance with the fees established by City Council.
(Ord. 3273. Passed 5-9-24.)
1167.01
Short title, authority and applicability.
1167.02
Intent and purposes.
1167.03
Rules of construction.
1167.04
Definitions.
1167.05
Imposition of system development charge.
1167.06
Computation of the amount of system development charge.
1167.07
Payment of system development charge.
1167.08
Use of funds.
1167.09
Credits.
1167.10
Exemptions.
1167.11
Refunds.
1167.12
WWTP System Development Charge District established.
1167.13
WWTP System Development accounts established.
1167.14
Distribution and disbursement of funds.
1167.15
Review of fee structure.
1167.16
Administrative appeals.
1167.17
Penalty and enforcement provision.
1167.01 SHORT TITLE, AUTHORITY AND APPLICABILITY.
(a) This chapter shall be known and may be cited as the "City of Chardon Wastewater Treatment Plant (WWTP) System Development Charge Ordinance."
(b) The City has the obligation to provide wastewater facilities and treat wastewater in compliance with the laws of the United States, including regulations of the United States Environmental Protection Agency, and the laws of the State of Ohio, including regulations of the Ohio Environmental Protection Agency.
(c) The City under its general police powers and as a charter municipality has the authority to adopt this chapter pursuant to the Constitution of the State of Ohio and the Ohio Revised Code.
(d) This chapter shall apply to all land within the incorporated areas of the City and those parcels outside the municipal corporation already served by the City wastewater treatment facilities. (Ord. 3273. Passed 5-9-24.)
1167.02 INTENT AND PURPOSES.
(a) This chapter is intended to implement the Comprehensive Plan adopted by the City and any amendments thereto, the general purpose of which is to facilitate the orderly growth and development of the City.
(b) The purpose of this chapter is to regulate the use and development of land so that new development bears a proportionate share of the cost of system improvements necessary to expand wastewater treatment facilities and provide wastewater treatment needed to accommodate and serve new development in the City.
(c) The purpose of this chapter is to collect fees for the Capital Improvement Program and not to pay the cost of repair and maintenance and cure existing deficiencies in the wastewater facilities.
(d) The purpose of this chapter is also to implement the Capital Improvements Program of the City and comply with the environmental protection regulations of federal and state government. (Ord. 3273. Passed 5-9-24.)
1167.03 RULES OF CONSTRUCTION.
(a) The provisions of this chapter are hereby found and determined by this Council to be in the furtherance of the public health, safety and welfare and as such shall be liberally construed so as to effectively carry out the purposes of this chapter.
(b) For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:
(1) In case of any difference of meaning or implication between the test of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."
(3) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(4) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction" "and," "or," or "either ... or," the conjunction shall be interpreted as follows:
A. "And" indicates that all the connected terms, conditions, provisions or events shall apply.
B. "Or" indicates that the connected items, conditions, provisions or events may apply singly but not in combination.
C. "Either ...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(5) The word "includes" shall not limit a term to the specific example but is intended to be illustrative and its meaning may be extended to all other instances or circumstances of like kind or character.
(Ord. 3273. Passed 5-9-24.)
1167.04 DEFINITIONS.
The terms defined in this section shall have, throughout Chapter 1167, the meanings stated:
(a) "Capital improvement" means an improvement with a useful life of three years or more, by new construction or other action.
(b) "Capital Improvements Program" means the Plan which sets out projected needs for system improvements during a planning horizon established in the capital improvements that will meet the anticipated need for system improvements.
(c) "Comprehensive Plan" means "The Comprehensive Plan, Chardon, Ohio" adopted by City Council on February 14, 2019, and any amendments thereto.
(d) "Developer" means any person who engages in development activity.
(e) "Development activity" means any construction, reconstruction, remodeling, alteration or expansion of a building, structure or land use; any use or change in use of a building, structure or land use; or any use of land requiring the issuance of a Zoning Certificate.
(f) "Director" means the Community Development Administrator and/or the officials that he or she may designate to administer the various provisions of this chapter.
(g) "Encumber" means to legally obligate by contract or otherwise commit the use of funds by appropriation or other official act of the City.
(h) "Existing system user" (or "existing user") means a building, structure or land use which had existing sanitary sewer service, as evidenced by an active City of Chardon Sanitary Sewer Billing Account, on or before April 20, 1993.
(i) "Feepayer" means the following, in the order listed:
(1) The person who pays, or has paid, the system development charge.
(2) That person's successor in interest, with the right or entitlement to any refund of previously paid system development charges expressly transferred or assigned in writing to the successor in interest.
(3) The current landowner.
In the absence of that person who paid a system development charge and/or in the absence of an express transfer or assignment in writing of the right or entitlement to any refund, the right or entitlement shall be deemed to "run with the land" and the refund will be paid to the current owner with fee simple title.
(j) "Fixture unit load" means the load factor value assigned to various types of plumbing fixtures by the Ohio Plumbing Code.
(k) "Individual Fee Calculation Study" means the wastewater demand engineering and/or economic documentation prepared by a feepayer for the determination of the system development charge other than by application of the fee schedule in Section 1167.06 (Computation of the Amount of System Development Charge) of this chapter.
(l) "Individual fee determination" means the system development charge determined by the Director and based upon an Individual Fee Calculation Study.
(m) "Level of service" is a qualitative measure of wastewater consumption that varies by gallon, equivalent dwelling unit, and/or fixture unit, but is based on the level of wastewater facilities needed to accommodate the demand of all land uses consistent with state and federal regulations and prudent engineering practices.
(n) "Methodology report" means the report entitled "Wastewater Facility System Development Charge Study, City of Chardon, Ohio" dated 1998, which provides a methodology and analysis to determine the impact of development activity on the need and costs for additional wastewater facilities.
(o) "New development" means a development activity for which a Zoning Certificate was issued on or after April 21, 1993.
(p) "Ohio Plumbing Code" means Chapters 4101:2 56 to 4101:2 69 of the Ohio Administrative Code which are known collectively as the "plumbing code" of the Ohio Basic Building Code (OBBC) in accordance with rule 4101:2 1 03 of the Ohio Administration Code; or as may hereafter be amended.
(q) "Present value" means the discounted cash flow of past, present or future payments, or contributions or dedications of goods, services, materials, construction or money; it may also be stated as current value.
(r) "Project" or "Development project" means a particular development on an identified parcel of land.
(s) "Proportionate share" means that portion of the cost of system improvements which is reasonably related to the demands and needs of a project.
(t) "Replacement value" means the cost of replacing a wastewater facility at current market prices or reasonable estimates thereof.
(u) "System development charge(s)" means a payment of money imposed upon development activity as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new development.
(v) "System Development Charge District" means a geographic area identified by the City in which a defined set of capital improvements are provided to new development.
(w) "System improvements" means capital improvements that are wastewater facility improvements which are designed to provide service to the community at large, in contrast to project improvements.
(x) "System improvement costs" means costs incurred to provide wastewater treatment capacity needed to serve new development within the City, for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, the cost of constructing or reconstructing systems improvements of facility expansions, including, but not limited to the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees) and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the Capital Improvement Program; and attorney fees and expenses related to the foregoing. System improvement costs shall also include projected interest charges and other finance costs if and to the extent the system development charges are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the City to finance the Capital Improvement Program. Such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs.
(y) "City" means the municipality of Chardon, Ohio, but may also be interchangeable with the Municipal Council, referred to herein as "City Council" as the context requires.
(z) "WWTP" as used herein is the abbreviation for Waste Water Treatment Plant.
(aa) "Zoning Certificate" means the document issued by the City authorizing the construction, repair, alteration or addition to a building, structure or land use. For the purposes of this chapter, a Zoning Certificate also means a site development permit, building permit, change of use permit, plumbing permit, electrical permit, heating ventilating air conditioning permit, tap in permit, connection permit and related permits or approvals granted by the City or the Geauga County Building Department. (Ord. 3273. Passed 5-9-24.)
1167.05 IMPOSITION OF SYSTEM DEVELOPMENT CHARGE.
(a) Any person who engages in development activity generating wastewater demand shall pay a system development charge in the manner and amount set forth in this chapter.
(b) No Zoning Certificate for any development activity generating wastewater demand, which requires payment of a wastewater system development charge pursuant to this chapter, shall be issued or approved by the City unless and until the required system development charge has been paid or the property owner and tenant have entered into an agreement with the City pursuant to Section 1167.07.
(c) The certificate of occupancy shall not be issued, or if issued will be revoked, if the system development charge is not paid.
(Ord. 3273. Passed 5-9-24.)
1167.06 COMPUTATION OF THE AMOUNT OF SYSTEM DEVELOPMENT CHARGE.
(a) At the option of the developer, the amount of the system development charge may be determined by the Director pursuant to the process and fee schedule set forth below, or by an individual fee determination. The following formula shall be used by the Director to determine the WWTP system development charge when a reasonable estimate of the total fixture unit load can be determined from the Ohio Plumbing Code.
(SCD COST PER FIXTURE UNIT LOAD X TOTAL FIXTURE UNIT LOAD) CREDITS = PROPORTIONATE SHARE
Where:
SDC COST PER FIXTURE UNIT LOAD = (see fee schedule below).
TOTAL FIXTURE UNIT LOAD = the sum of the fixture unit load values of all new plumbing fixtures and drains.
CREDITS = Credits as authorized in Section 1167.09 (Credits) of this chapter; or as part of an Individual Fee Determination when supported by credible evidence in the required calculation study.
When a reasonable estimate of the total number of fixture units cannot be ascertained from the Ohio Plumbing Code drainage fixture load tables (i.e. due to drain sizes larger than those specified in said Code), then the average gallons per day of sewage discharged from the proposed use may be estimated from official Water and/or Sewer Utility billing records for the same type, or proportionally adjusted similar type, of use. The SDC charge shall then be calculated by the following formula:
(SDC COST PER GALLON X AVERAGE GALLONS PER DAY OF SEWAGE DISCHARGE) CREDITS = PROPORTIONATE SHARE
(b) System Development Charge Costs
Cost per gallon: $34.92
Cost per fixture unit load: $261.90
(c) Individual fee determination: If a developer rejects determination of the WWTP system development charge according to subdivision (a) of this section, then the developer may apply for an individual fee determination. A developer applying for an individual fee determination shall prepare and submit, to the Director, an individual fee calculation study for the development activity for which a Zoning Certificate is sought. The individual fee calculation study shall follow the prescribed methodologies and formats for the study established by the Director, or, subject to the prior approval of the Director, such other professionally accepted methodology that identifies a project's proportionate share. The developer shall attend a pre application meeting with the Director. Any agreement or understanding regarding the data, assumptions and/or methodology to be used in said calculation study shall be in writing and shall not be binding upon the Municipality unless approved by the Director. The wastewater demand engineering documentation to be submitted shall show the basis upon which the individual fee calculation was made, including but not limited to the following:
(1) Wastewater Demand Engineering Studies including documentation of the rates of water usage and/or sewage discharge appropriate to the proposed development activity; and documentation of other development activity which can be expected to replace the system service volume which will be consumed by the proposed development activity.
(2) Cost Documentation Studies including documentation of the cost per unit of demand, for construction of the Municipal wastewater treatment plant.
This documentation shall be prepared and presented by qualified professionals in their respective fields and shall follow the best professional practices and methodologies, and shall be sealed if the qualified professional possesses such seal. The Director shall provide the developer with a written individual fee determination within thirty (30) days of receipt of a complete individual fee calculation study.
(Ord. 3273. Passed 5-9-24.)
1167.07 PAYMENT OF SYSTEM DEVELOPMENT CHARGE.
(a) Except as provided in subsection (b), any person required to pay a system development charge (SDC) shall pay such fee to the City prior to the issuance of a Zoning Certificate.
(b) For commercial projects in which the SDC exceeds three thousand dollars ($3,000) the property owner and tenant may enter into an agreement with the City whereby no more than fifty percent of the System Development Charge may be financed at two percent (2%) per annum through the City with the monthly payment added to the water and sewer bill.
(c) The City of Chardon may cause a copy of the agreement or a memorandum thereof to be filed with the Geauga County Recorder. Failure to pay the additional monthly charge when due shall result in a default under the agreement, and the entire unpaid balance of the SDC shall be certified to the Geauga County Auditor as a delinquency of the payment of a municipal water utility charge and added to the property owner's real estate taxes pursuant to Section 923.901.
(d) (1) For an SDC from three thousand dollars ($3,000) to nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($9,999.99) the term may be up to two (2) years.
(2) For an SDC from ten thousand dollars ($10,000) to forty-nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($49,999.99), the term may be up to four (4) years.
(3) For an SCD in excess of fifty thousand dollars ($50,000), the term may be up to six (6) years.
(e) All funds collected shall be identified by the System Development Charge District from which collected and promptly transferred for deposit into the appropriate system development charge account, held in separate accounts as provided in Section 1167.13 (System Development Charge Accounts Established) and used solely for the purposes identified in this chapter.
(Ord. 3273. Passed 5-9-24.)
1167.08 USE OF FUNDS.
(a) Funds collected as system development charges shall be used for system improvements.
(b) No funds shall be used for periodic or routine maintenance.
(c) Funds collected as system development charges shall be used exclusively for system improvements in the System Development Charge District in which the project is located.
(d) Funds shall be construed as being expended in the order in which they are collected, in accordance with "First In First Out" principles.
(e) Each fiscal period the Finance Director shall present to the City Council an annual report, describing the amount of system development charges collected, encumbered and used during the preceding year by category for each System Development Charge District. Monies, including any accrued interest, not encumbered in any fiscal period shall be retained in the same system development charge account(s) until the next fiscal period except as provided in Section 1167.11 (Refunds) and Section 1167.14 (Distribution & Disbursement of Funds) of this chapter.
(f) System development charges may be used for the payment of principal and interest on bonds, notes or other financial obligations or instruments by or on behalf of the City to finance wastewater facilities.
(g) The system development charges will be used, first, to retire debt service which is pending for the year in which the system development charges were collected and which the City incurred to provide system improvements that accommodate new development; second, to reimburse other accounts which may have advanced funds to finance debt service; and, third, to repay bond principal. (Ord. 3273. Passed 5-9-24.)
1167.09 CREDITS.
Credits against system development charges shall be given as follows:
(a) Credit shall be granted from payment of system development charges for the permanent elimination of plumbing fixtures and drains in existing buildings or structures located on the same property.
(b) Credit shall be granted from payment of system development charges for the replacement of existing plumbing fixtures and drains, with new plumbing fixtures and drains of the same total fixture load value, in existing buildings or structures located on the same property.
(c) In the event the system development charge schedule is subsequently changed to reflect decreases in construction costs or other relevant factors, then any person entitled to a credit under this Section 1167.09 may request recalculation of credits to fairly reflect such changed circumstances. In the event the system development charge schedule is subsequently changed to reflect increases in construction costs or other relevant factors, the City may recalculate such credits to fairly reflect such changed circumstances.
(d) An application for credit from payment of the system development charge under this section shall be made to the Director within one year from the date of the payment of the fee. Any request for credit not made within said time period shall be deemed waived.
(Ord. 3273. Passed 5-9-24.)
1167.10 EXEMPTIONS.
(a) The following shall be exempt from payment of a system development charge:
(1) Alteration or expansion of an existing building where no additional plumbing fixtures or drains are installed.
(2) The construction of accessory buildings or structures where no plumbing fixtures or drains are installed.
(3) The replacement of an existing building or structure, or the replacement of a building or structure that was constructed subsequent to the effective date of this chapter and for which a system development charge has been paid, where no additional plumbing fixtures or drains are installed.
(4) All or part of a particular Project if and to the extent the City Council determines such project creates extraordinary low income residential housing opportunities or economic development opportunities as specifically defined and described in the Comprehensive Plan, and further provided that such project's proportionate share of wastewater facility improvements is funded through an alternative identified revenue source other than system development charges.
(b) A person claiming one or more exemptions pursuant to subdivision (a) above shall submit to the Director information and documentation sufficient to permit the Director to determine whether such exemption claimed is proper, and, if so, the extent of such exemption.
(c) An application for exemption must be made prior to or at the same time as the submission of the application for a Zoning Certificate, or the right to claim an exemption shall be deemed waived. (Ord. 3273. Passed 5-9-24.)
1167.11 REFUNDS.
Refunds of system development charges shall be made only in the following instances and in the following manner:
(a) Upon application to the Director by the feepayer, the City shall refund the WWTP system development charge paid, if capacity is available and service is denied.
(b) Determination of right to refund.
(1) Upon application to the Director by the feepayer, the City shall refund the WWTP system development charge paid and not expended or encumbered if the City, after collecting the fee when service is not available, has neither encumbered the fee nor commenced construction within six (6) years from the date the WWTP system development charge was paid. In determining whether system development charges have been expended or encumbered, fees shall be considered encumbered on a first in, first out (FIFO) basis.
(2) When the right to a refund exists due to a failure to encumber system development charges within six (6) years of payment, the City shall provide written notice of entitlement to a refund to the feepayer. The City shall also publish such notice within thirty (30) days after the expiration of the six (6) year period from the system development charge payment date. Such published notice shall contain the heading "Notice of Entitlement to System Development Charge Refund."
(c) A refund application shall be made to the Director within one year from the date such refund becomes payable under subdivisions (a) and (b) of this Section 1167.11 or within one year from the date of publication of the Notice of Entitlement of a Refund under subdivision (b) of this Section 1167.11, whichever is later. Any refund request not made within said time period shall be deemed waived.
(d) The City may authorize refund of all or a portion of a system development charge which has been paid, if:
(1) The feepayer modifies or otherwise alters a development activity or project resulting in a decrease in the amount of the fee due; or
(2) The City modifies or otherwise alters the capital improvement project to which a system development charge relates, which results in both a decrease in the cost of the project and the amount of the system development charge as calculated pursuant to this chapter.
(3) Should fund balances remain in the WWTP Capital Improvements Fund or the WWTP Debt Stabilization Funds or both after all financial obligations of the Funds have been met (including principal and interest due on any loans from other City funds), then the City shall refund such remaining balances. Refunds shall be made on a last in, first out basis. The City shall provide written notice of entitlement to a refund to the feepayer. The City shall publish such notice within sixty (60) days of the last and final payment of all financial obligations relating to the wastewater treatment plant expansion. Such published notice shall contain the heading "Notice of Entitlement to WWTP System Development Charge Refund"."
(e) The City may authorize the refund of a system development charge which has been paid if the site development permit or Zoning Certificate issued for the project to which the system development charge applies has lapsed due to the developer's failure to begin construction.
(f) A refund application shall include information and documentation sufficient to permit the Director to determine whether the refund claimed is proper and, if so, the amount of such refund.
(g) A refund shall include a pro rata portion of interest annually earned on the unused or excess system development charge paid.
(h) All refunds shall be paid within sixty (60) days after the Director's written decision finding that such refund is due.
(Ord. 3273. Passed 5-9-24.)
1167.12 WWTP SYSTEM DEVELOPMENT CHARGE DISTRICT ESTABLISHED.
There is hereby established a WWTP System Development Charge District which shall be coterminous with the borders of the City of Chardon and its existing extraterritorial service area and more particularly shown on the System Development Charge District map, attached hereto and by this reference incorporated herein.
(Ord. 3273. Passed 5-9-24.)
1167.13 WWTP SYSTEM DEVELOPMENT ACCOUNTS ESTABLISHED.
(a) The following funds shall be interest bearing. Interest earned on these funds shall be funds of the account on which it is earned and is subject to all restrictions imposed by Section 1167.08 (Use of Funds) of this chapter. Funds withdrawn from these accounts shall be used in accordance with the provisions of Section 1167.08 (Use of Funds) of this chapter.
(b) There is hereby established one system development charge account for the WWTP System Development Charge District, the "WWTP Capital Improvements Fund". This account
shall be the revenue account for WWTP system development charges.
(c) There is hereby established a "WWTP Debt Stabilization Fund" account into which funds shall be transferred pursuant to Section 1167.14 below. This fund account shall be a component of the sheltering of existing system users from the capital costs for wastewater treatment expansion which only serves new development.
(Ord. 3273. Passed 5-9-24.)
1167.14 DISTRIBUTION AND DISBURSEMENT OF FUNDS.
The WWTP system development charge fee schedule reflects a financial arrangement that assures that system development charges are proportionally related to anticipated growth, on an average annual basis, until the City is substantially built out and the capacity of its wastewater treatment system is substantially exhausted. The actual annual growth in a given year may vary from the anticipated average annual growth.
(a) All WWTP system development charges collected shall be deposited into the WWTP Capital Improvements Fund account. WWTP system development charges shall normally be used to pay wastewater treatment plant debt service obligations for the year in which they were received. In any year that a balance exists in the WWTP Debt Stabilization Fund, system development charge revenues shall contribute to, but shall not be limited to payment of, the balance of the debt service due for the current year. In any year when WWTP system development charge revenue exceeds the debt service for that year, the balance shall first be used to repay, with interest, any outstanding loans from other City funds.
(b) At the beginning of each year, funds remaining in the WWTP Capital Improvements Fund account from the previous year shall be transferred into the "WWTP Debt Stabilization Fund" account. Funds in the WWTP Debt Fund Stabilization account shall be the first funds used to pay debt service for the current year consistent with the first in, first out (FIFO) principles of this chapter.
(c) In any year when both the WWTP system development charge revenue and the WWTP Debt Stabilization Fund balance are insufficient to pay the debt service for that year, the City shall loan or transfer to the WWTP Capital Improvements Fund, funds sufficient to pay the debt service. This loan or transfer to the WWTP Capital Improvements Fund shall bear interest at the prevailing rates which the City would pay at that time, for short term borrowing.
(d) Any balance remaining in the WWTP Debt Stabilization Fund or the WWTP Capital Improvements Fund after all financial obligations of the funds have been paid, shall be refunded pursuant to the provisions of this chapter.
(Ord. 3273. Passed 5-9-24.)
1167.15 REVIEW OF FEE STRUCTURE.
The system development charge structure shall be reviewed by the City Council annually. Provided, however, that failure to annually review the fee structure shall not invalidate this chapter. (Ord. 3273. Passed 5-9-24.)
1167.16 ADMINISTRATIVE APPEALS.
(a) Any feepayer aggrieved by a decision of the Director with respect to any of the following determinations shall have the right to appeal to the City Council:
(1) The imposition of a system development charge,
(2) The amount of a system development charge,
(3) The entitlement to and the amount of credits to a system development charge,
(4) The entitlement to an exemption from a system development charge, and
(5) The entitlement to and the amount of a refund of a system development charge. Prior to any appeal to the City Council, the aggrieved party shall file a request for reconsideration with the Director, who shall act upon the request within fifteen (15) days.
(b) All appeals shall be taken within fifteen (15) days of the Director's decision on the request for reconsideration. An appeal shall be made by filing with the Director a notice of appeal specifying the grounds therefor. The Director shall forthwith transmit to the City Council all papers constituting the record upon which the action appealed from is taken. The City Council shall thereafter establish a reasonable date and time for a hearing on the appeal, give due notice thereof to the parties in interest, and decide the same within a reasonable period of time following the hearing. Any party taking an appeal shall have the right to appear at the hearing, to present evidence and may be represented by counsel. Any person aggrieved by a decision of the City Council may take an appeal to the Court of Common Pleas within thirty (30) days after the decision of the City Council is rendered.
(c) A developer may pay a system development charge under protest to obtain a Zoning Certificate, and by making such payment shall not be prevented from:
(2) Receiving a refund of any amount deemed to have been illegally collected.
(Ord. 3273. Passed 5-9-24.)
1167.17 PENALTY AND ENFORCEMENT PROVISION.
(a) Whoever violates this chapter shall be guilty of a misdemeanor of the third degree. The penalty shall be that prescribed in the Ohio Revised Code. In addition, the Court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00), no portion of which may be suspended. Each day during or on which a violation occurs or continues shall be deemed as a separate offense under this chapter.
(b) The City may, in addition to the criminal remedies provided in this chapter, file suit for injunctive relief against any person violating this chapter; file a complaint for damages to the City caused by violation of this chapter, including collection of system development charges and interest at the maximum rate allowed by law from the date that the charge was due; and for such other relief for which the City may be entitled at law or in equity.
(Ord. 3273. Passed 5-9-24.)
1169.01 INTENT; AUTHORITY OF PLANNING COMMISSION.
(a) It is the intent of this chapter, in addition to prescribing minimum standards, to make drilling as safe as possible within the City.
(b) The City is aware of the difficulty in setting rigid rules for the areas in any one (1) drilling unit. It is the intent of this chapter to have them property drilled, when reasonable and expedient in the City's judgment, under 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 hereby given full authority to recommend such requirements as it shall deem necessary to City Council to give full force and effect to the intent as expressed in division (a) of this section. Each application for a drilling unit permit shall rest solely upon its merits and the prudent use of discretion by the Planning Commission and Council.
(Ord. 3273. Passed 5-9-24.)
1169.02 DRILLING PROHIBITED IN CERTAIN AREAS.
(a) No oil or gas well drilling unit shall be located in any of the following areas:
(1) Any residential area with a density of three (3) or more residential houses or units per acre; or
(2) Any residential subdivided with a density of three (3) sublots or more per acre;
(b) This prohibition expressly excludes Chardon Lakes Golf Course and any cemetery unless said property is actually used for residential dwellings in the future.
(Ord. 3273. Passed 5-9-24.)
1169.03 PERMITS REQUIRED; FEE.
(a) Any person wishing to drill for oil, gas or other hydrocarbon within the corporate limits of the City must secure two permits: a drilling unit authorization permit and a drilling permit.
(1) A drilling unit authorization permit, which authorizes the use of land (the drilling unit) for oil or gas well drilling, must be approved by Council.
(2) A drilling permit, which is approved and issued by the Community Development Administrator, is required before drilling a well. No drilling permit may be issued until Council has approved a drilling unit authorization permit for the oil or gas well; and the applicant has paid the appropriate fee and complied with all requirements of this chapter and additional conditions, if any, imposed by the Council.
(b) The fee for a permit to drill a gas or oil well that has been approved by Council shall be five hundred dollars ($500.00).
(Ord. 3273. Passed 5-9-24.)
1169.04 PERMIT APPLICATION AND TERMINATION; EXTENSIONS; MAXIMUM NUMBER OF PERMITS PER SITE.
(a) Any person desiring to drill an oil or gas well within the City shall make application for a drilling unit authorization permit with the Community Development Administrator, who will, after all requested information is provided, place it upon the Planning Commission's agenda. The fee for the permit must accompany the application. The fee is nonrefundable. The applicant must provide all the information and supporting documentation required in this chapter with the application for the permit. Thirteen copies of the application and all attachments must be submitted. After the drilling unit authorization permit and the drilling permit are issued, they will terminate and become inoperative after ninety (90) days from the date of issuance of the drilling unit authorization permit unless actual on site drilling of the well has commenced, without notification from or action by the City of cancellation. After the drilling of a well has commenced, the cessation of the drilling operations for more than ninety (90) days shall operate to terminate and cancel the permit. Thereafter, no person shall drill or operate any such well without the issuance of another permit, which requires an application and payment of all fees.
(b) The Council, upon recommendation of the Planning Commission, may for good cause grant an extension of the drilling unit authorization for no more than six (6) months without holding a public hearing. No well shall begin production until compliance with all provisions is certified by both the Chief of the Chardon Volunteer Fire Department/Fire Inspector and the Community Development Administrator.
(c) No person shall be permitted to have more than two (2) drilling unit authorization permits for the drilling of oil and/or gas wells at any time. Application for the third permit, or any subsequent permits, may be made after the completion of drilling the first, second and each numerically subsequent well.
(Ord. 3273. Passed 5-9-24.)
1169.05 PUBLIC HEARINGS ON PERMIT APPLICATIONS.
(a) Hearing by the Planning Commission. The Planning Commission shall, before recommending a drilling unit authorization to Council, schedule a public hearing and shall cause all property owners and residents of the City within 1,000 feet of the wellhead to be notified in writing of such hearing by regular mail. Notice of the hearing shall also be made by publication in a newspaper of general circulation. The notice to be mailed must include a map showing the specific location of the well. The public hearing must be held not less than twenty-one (21) days prior to the commencement of drilling. It shall be sufficient to address the notice to "Resident" or "Residents" at the mailing address of the residential unit.
(b) Compliance Required. Compliance with the hearing provisions of this chapter are a mandatory condition precedent to the commencement of drilling under a permit.
(Ord. 3273. Passed 5-9-24.)
1169.06 PERFORMANCE BOND.
Prior to the issuance of a drilling permit for an oil and/or gas well, each applicant shall deposit with the City a performance bond conditional upon compliance with all provisions of this chapter. The amount of the bond shall not be less than five thousand dollars ($5,000), plus twenty dollars ($20.00) for each foot of roadway, and will be determined by Council upon issuance of the drilling unit authorization. The bond will be held by the City until the well is abandoned, all equipment is removed and the well is plugged and sealed. The bond shall not only be conditional 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. The bond shall be released when wells and tank batteries have been removed and premises have been restored to pre drilling conditions as determined by the Community Development Administrator.
(Ord. 3273. Passed 5-9-24.)
1169.07 PLOT PLAN AND VICINITY MAP.
(a) Each application for a drilling unit authorization permit must be accompanied by a plot plan and vicinity map of the drilling unit involved in the application, drawn to a scale of 1:100 and showing thereon:
(1) The lot lines of all properties within 1,000 feet of the proposed well site;
(2) The current location and uses of all buildings, structures, ponds, lakes, wetlands and streams within 500 feet of the proposed well site;
(3) The current location of all associated wells and appliances, that is, the wellhead, piping, tank batteries, access roads, drives and/or fences, including off site locations;
(4) A proposed landscaping plan complying with the requirements of the Municipal Standards for Plan Contents including landscaping, screening and restoration plan drawn to reasonable scale, unless specifically waived by the Planning Commission;
(5) The proposed locations of pipelines to be utilized to transmit the gas and/or oil to off site locations, and the facilities to be established at receiving facility locations;
(6) For emergency purposes, a schematic diagram of all flow lines, connections and shut off valves, the diagram to be modified and resubmitted to the City whenever a change in equipment or facility occurs;
(7) The names and addresses of the owners and the names and addresses of the occupants of each property shown on the map within a radius of 1,000 feet of the proposed well sites;
(8) Concentric circles drawn on the map at radii of 300 feet, 400 feet, 500 feet and 1,000 feet from the proposed well site;
(9) Specific plans for the removal, disposal methods and disposal sites of all drilling fluids, spoils, cuttings, brine water and other residues and waste materials resulting from the drilling, fracturing or production of the well;
(10) A listing of the name, address and telephone number of the entity and/or individuals making the application for the permit;
(11) The names and addresses of all property owners of mineral rights within a radius of 1,000 feet of the proposed location of the well, storage tanks and associated equipment;
(12) The names, addresses and telephone numbers of all persons who will be contracted to haul oil, condensate or brine salt water, and the names, addresses and telephone numbers of all subcontractors of the haulers;
(13) Copies of all easements or options for easements for the pipeline, production and processing equipment, and access roads;
(14) A statement stipulating that copies of the Spill Prevention Control and Countermeasure Plan for certain site storage facilities, per Title 40, C.F.R. No. 237, Part 112, shall be submitted prior to commencement of production;
(15) A policy of public liability insurance with single limit or aggregate coverage of ten million dollars ($10,000,000), specifically covering damage to property and contamination of potable well water, with a certificate of insurance listing the City as an additional named insured.
(b) The applicant shall test all water wells within 1,000 feet of the proposed location of the well, storage tanks and associated equipment for the presence of chlorides and/or total dissolved solids, either by a qualified consultant or a qualified Ohio Department of Natural Resources laboratory. The applicant shall submit to the City the results of the tests. Tests shall be done prior to drilling, upon turn on, and annually thereafter.
(c) If the request for a drilling permit is part of a larger planned drilling area, the applicant must submit a plan upon which shows the location of all projected drilling units, including the proposed locations of the drilling sites.
(d) Each application shall have attached to it copies of any existing easements or options for easements for pipelines and/or storage tanks if there is a producing well. The copies of said easements shall be accompanied by a map showing where the same cross private property.
(e) The Planning and Zoning Inspector, City Engineer, and the Fire Inspector/Chief of the Chardon Volunteer Fire Department shall investigate the premises for which such permit is sought and submit a report of their investigation to the Community Development Administrator within seven (7) days. (Ord. 3273. Passed 5-9-24.)
1169.08 MINIMUM DRILLING UNIT SIZE.
The minimum size of a drilling unit shall be twenty (20) acres for wells from 2,500 to 4,000 feet deep and forty (40) acres for wells deeper than 4,000 feet.
(Ord. 3273. Passed 5-9-24.)
1169.09 MINIMUM DEPTH OF WELL.
All oil and/or gas wells drilled in the City must be a minimum of 2,500 feet in depth. No production is permitted from wells shallower than 2,500 feet.
(Ord. 3273. Passed 5-9-24.)
1169.10 SPACING OF WELLS.
The spacing between wells must be a minimum of 1,000 feet.
(Ord. 3273. Passed 5-9-24.)
1169.11 PLACEMENT OF WELLS.
A well site shall not be less than 500 feet from any boundary of the subject tract. If the drilling unit borders on any boundary of the City, the wellhead shall be at least 300 feet from said boundary. No wellhead shall be closer than fifty (50) feet to the right of way of any road, highway, street or alley nor to any railroad right of way.
(Ord. 3273. Passed 5-9-24.)
1169.12 DRILLING NEAR STRUCTURES.
No drilling shall be permitted for oil or gas wells within 400 feet of a building designed for human occupancy, including residential structures and industrial or commercial buildings, or any school, church, hospital, theater or assembly hall, as the same are defined by the Ohio Revised Code, regardless of the zoning district. In the case of a particular installation in which the applicant proves that compliance with the foregoing distance requirements is a hardship to the use of the property and where no undue hazard will be created, the Council may, with waivers as required in Section 1169.14, reduce the distance to not less than 300 feet. Any reduction in distance must be based upon consideration of reliable evidence of special features, including but not limited to such features as topographical conditions, the nature of the occupancy, the proximity of storage tanks, the degree of fire protection provided and the facilities available to the Chardon Volunteer Fire Department to extinguish or contain liquid fires. The Council shall have the right to consider any and all other special features it may deem important in determining whether or not an undue hazard is created.
(Ord. 3273. Passed 5-9-24.)
1169.13 CONSENT FROM PROPERTY OWNERS WITHIN 1,000 FEET.
(a) An application for a drilling unit authorization shall be accompanied by the consents in writing of owners of fifty-one percent (51%) or more of the real estate units located within a radius of 1,000 feet from the proposed wellhead. The consents shall plainly state that the persons whose signatures are affixed thereto 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 1,000 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" shall mean a land area with common ownership, regardless of the number of parcels into which it is or may be divided. No permit shall be issued until fifty-one percent (51%) of the owners of the real estate units within 1,000 feet of the wellhead approve the drilling of the oil or gas well.
(b) In the event 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 subsection (a) of this section or Section 1169.14 to an application for a permit to drill a well for oil or gas; or
(4) Has utilized his or her property by entering 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 set forth in subsection (a) of this section;
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 set forth in subsection (a) of this section. However, any owner who has united his or her property by entering into a community lease or agreement as set forth in subsection (b)(4) of this section 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 express intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(Ord. 3273. Passed 5-9-24.)
1169.14 WAIVERS FROM OWNERS AND OCCUPANTS WITHIN 400 FEET.
(a) In addition to the consents required in Section 1169.13, no drilling shall be permitted for oil and/or gas wells in any zone within 400 feet of any building or structure of any nature unless written waivers, as hereinafter provided for, accompany an application for a drilling permit.
(b) The owners and occupants of any buildings or structures which are located within 400 feet of the proposed well site must waive, in writing, the distance requirement set forth. The owners and occupants may agree to a minimum distance of 300 feet without the necessity of vacating, or causing to be vacated, any buildings or structures during drilling operations.
(c) The owners and occupants of any buildings or structures which are closer than 400 feet to a proposed drilling site may, at any time, waive in writing the distance requirement provided in this section for any proposed drilling site which is or proposed to be closer than 400 feet to the buildings or structures. The property owners shall be deemed to have waived the minimum distance requirement provided for in subsection (a) of this section and agreed that the distance be reduced to the same distance that the party waived for the other proposed drilling site, or to the distance that a well actually was drilled, whichever is smaller.
(d) The Council may refuse to reduce the distance from any building or structure even though the owners and occupants within 400 feet of the well site have waived the distances set forth in this chapter. The Council shall evaluate each case from the perspective of safety, the impact on the immediate area and the relationship to long term plans for the area.
(Ord. 3273. Passed 5-9-24.)
1169.15 CONSTRUCTION NEAR PRODUCING WELLS OR STORAGE TANKS.
(a) Wells. No building permit shall be issued for the construction of any building designed for human occupancy or use, i.e. residential, industrial, commercial or public, if the proposed building site is within 300 feet of any oil or gas well, until such time as the well has been plugged and sealed in conformity with this chapter.
(b) Storage Tanks. No building permit shall be issued for the construction of any building designed for human occupancy or use, i.e. residential, industrial, commercial or public, if the proposed building site is within 300 feet of any oil or gas well storage tank.
(Ord. 3273. Passed 5-9-24.)
1169.16 EASEMENTS OR OPTIONS FOR PIPELINES AND STORAGE TANKS.
An applicant who has received drilling unit authorization and has drilled a producing well shall submit to the Planning and Zoning Inspector copies of easements or options for easements for a pipeline describing where the pipeline will be crossing other property, and shall also provide copies of any agreements, easements or options for the location of storage tanks.
(Ord. 3273. Passed 5-9-24.)
1169.17 EXISTING APPLICATIONS FOR PERMITS.
All applications for permits received but not placed on the agenda of the Planning Commission on the date of passage of this section shall be governed by the provisions herein.
(Ord. 3273. Passed 5-9-24.)
1169.18 STATE PERMIT REQUIRED.
A drilling permit will not be issued by the Community Development Administrator until the Council approves a drilling unit authorization and the applicant provides a current permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas.
(Ord. 3273. Passed 5-9-24.)
1169.19 PERMIT ISSUANCE; LIABILITY INSURANCE.
(a) Upon the approval of Council of a drilling unit authorization permit, the Community Development Administrator shall issue the permit upon receipt of a certificate of insurance covering the applicant's liability in the minimum amounts of five hundred thousand dollars ($500,000) property damage and one million dollars ($1,000,000) personal injury, per occurrence, or such other amount set by the Council. Insurance coverage must be maintained while drilling is in progress, the well is in operation or is producing oil or gas, and until the well is pulled, sealed and plugged as hereinafter provided. The insurance companies, policies and the coverages hereunder are subject to approval by the Law Director. The rejection of an insurance policy by the City shall serve to stay the granting of a permit until a satisfactory insurance policy providing coverage has been submitted by the applicant and approved by the Law Director.
(b) All insurance policies shall include coverage for all items specified in this chapter, including coverage resulting from blowout and cratering.
(c) The applicant and permit holder shall hold the City of Chardon harmless from all liability resulting from the granting of a permit pursuant to this chapter.
(Ord. 3273. Passed 5-9-24.)
1169.20 INSPECTION; PERMIT REVOCATION.
After the application has been filed, duly authorized representatives of the City, including the Municipal Engineer, Community Development Administrator, Zoning Inspector, the Police Chief and the Fire Inspector/Chief of the Chardon Volunteer Fire Department, shall have the authority, at any time, to enter upon property where a drilling site is contemplated, upon property where a well is planned or in the process of being drilled, or upon a producing well site, to inspect the site, equipment and all other things necessary to ensure compliance with this chapter.
(Ord. 3273. Passed 5-9-24.)
1169.21 INFORMATION TO BE FURNISHED TO THE CITY.
The names, addresses and telephone numbers of the persons responsible for the ownership, operation and maintenance of each producing well located within the City shall be furnished to the Community Development Administrator, the Police Department and the Chardon Volunteer Fire Department in order that a responsible person may be contacted 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 Inspector/Chief of the Chardon Volunteer Fire Department. This information shall also be posted at the well site. In addition, the permit holders or applicant shall notify the Community Development Administrator 48 hours before commencing drilling operations.
(Ord. 3273. Passed 5-9-24.)
1169.22 MAINTENANCE OF WELL SITES; INGRESS AND EGRESS; LANDSCAPING.
(a) The applicant or permit holder shall install a forty (40) foot long culvert, as approved by the Municipal Engineer, at each entrance and exit, to provide for a gravel cushion at the road edge to prevent berm and roadway destruction. Further, a gravel entry roadway, a minimum of twelve (12) feet wide, shall be laid to the well site 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 approved by the Council. The applicant or the permit holder shall comply with the landscape requirements of Chapter 1153 (Landscaping and Land Use Buffers).
(c) All access roads shall be twelve (12) feet wide to allow access to and egress from the well site by public safety vehicles under all climatic conditions, and otherwise comply with Chapter 1151 (Off Street Parking and Loading Regulations).
(Ord. 3273. Passed 5-9-24.)
1169.23 DRILLING PREPARATION IN WELLS DRILLED WITH 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 practices.
(Ord. 3273. Passed 5-9-24.)
1169.24 WELLS DRILLED WITH CABLE TOOLS.
Prior to drilling any formation likely to contain oil or gas, 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.
(Ord. 3273. Passed 5-9-24.)
1169.25 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 drilling equipment shall be in good condition.
(Ord. 3273. Passed 5-9-24.)
1169.26 PROTECTION OF FRESH WATER WELLS, WETLANDS, FLOOD PLAINS.
(a) Prior to commencing drilling operations, the applicant or permit holder shall test the water in all fresh water wells situated on parcels of land within 1,000 feet of the wellhead, provided that the owner of such water well does not refuse permission to perform such test. Copies of the results of such test shall be sent to the Municipal Engineer and Community Development Administrator and to each owner of a well that is tested under this section. See Section 1169.07(b) above.
(b) It shall be the duty of the permit holder to seal gas and oil wells to protect fresh water wells, wetlands, and floodplains from salt water or other pollution or contamination in such proper manner and in accordance with good practice. The applicant, permit holder and the driller shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to re establish proper potability in any polluted or contaminated well or wells. The applicant, permit holder and the driller shall be jointly and severally liable and responsible for the obligation to provide potable water, without cost to the City.
(Ord. 3273. Passed 5-9-24.)
1169.27 FENCE REQUIREMENTS; ELECTRIC POWERED WELL PUMP REQUIREMENT.
(a) A fence shall be maintained around a drilling site in accordance with good oil field practices. Should drilling result in a productive well, a fence shall be constructed as specified by the Planning Commission around the well pump. The fence shall be built within six (6) months after setting of the storage tanks.
(b) All well pumps shall be operated by explosion proof electric motors unless other motors are approved by the Council after demonstrating good cause. Internal combustion engines shall be prohibited.
(c) All existing and future tank batteries, separators, temporary holding pits and other installations of equipment used at oil well installations located within the corporate limits of the City shall be surrounded by a fence of such height and construction as approved by the Planning Commission. The fence shall be maintained in a state of repair satisfactory to the Zoning Inspector. The fence shall be at least eight (8) feet high with suitable locking gates for access and of a design and material specified by the Planning Commission. Locking devices used on all gates, valves or other secured apparatus in conjunction with any well or tank battery operated by a permit holder within the City shall be keyed alike so that one key will provide access to all such secured areas and apparatus. A copy of such key will be provided to the Chardon Volunteer Fire Department and the Police Chief. All shut off valves shall be painted a conspicuous common color.
(d) Electrical underground power service shall be encased in Schedule 40 plastic conduit and buried to a minimum of twenty-four (24) inches.
(e) No lighting during drilling or on a producing well shall constitute a nuisance to surrounding properties. Lighting shall comply with Section 1153.25 (Lighting Regulations).
(Ord. 3273. Passed 5-9-24.)
1169.28 DRAINAGE INTO STORM AND SANITARY SEWERS AND LAKES PONDS AND STREAMS IN THE SURROUNDING AREA PROHIBITED.
No waste, sludge, water or effluents of any type from an oil or gas well drilling operation shall be emptied or drained into any storm or sanitary sewer or any lakes, ponds or streams in the City. No sludge, water or effluents are allowed to run off and pollute any area outside of the dike. Such wastes shall be removed from the site in trucks, tanks or similar vehicles and disposed at licensed and permitted sites outside the municipal boundaries.
(Ord. 3273. Passed 5-9-24.)
1169.29 LOCATION AND DIKING OF STORAGE TANKS.
(a) Oil well storage tanks must be located a minimum of 500 feet from industrial, commercial or residential structures, public buildings or any church, hospital, school, theater, assembly hall, library, or other public gathering place, and at least 200 feet back from a public road or street or railroad tracks, regardless of the zoning district.
(b) When more than one well is to be drilled, storage tanks for all wells shall be grouped together.
(c) All oil well storage tanks or groups of tanks situated within the corporate limits of the City shall be diked, or other suitable means shall be taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity equal to or greater than that of the tank or tanks served by the enclosure.
(d) All dikes shall be constructed of earth, clay, steel, masonry or reinforced concrete, shall be watertight, shall afford adequate protection and, if concrete or masonry, shall be properly reinforced and have footings below the frost line. All pits used for the storage or disposal of sludge or lime shall be lined with plastic or comparable material to prevent leaching and shall have the capacity to contain all effluents.
(Ord. 3273. Passed 5-9-24.)
1169.30 MUD ON SITE OR STREETS.
All permit holders shall use care at a drilling site to keep the area around the drilling site free of mud which could be carried onto public streets by any vehicle or other equipment used at the drilling site. The City shall have the authority to require the permit holder to remove any mud carried onto public streets from a drilling site and clean the public streets to its satisfaction. Failure to reduce mud at a given location, as requested by the City, shall be grounds for revocation of a permit or forfeiture of the bond posted under this chapter or both.
(Ord. 3273. Passed 5-9-24.)
The applicant or permit holder shall:
(a) Restore the streets, sidewalks and other public places of the City damaged or destroyed in the operation of drilling or preparing to drill to their former condition immediately upon the completion of drilling;
(b) Clear the area of all litter, rubbish, machinery, derricks, buildings, oil or other substances used or allied to the use of drilling or producing operations;
(c) Hold the City harmless from any and all liability arising from the issuance of a drilling unit authorization permit for an oil or gas well or brine disposal site;
(d) Pay to the owners of any realty, crops, building, improvements, goods or chattels located in the area, except persons who are parties to the drilling unit, any extra cost of insurance on such property imposed by reason of the granting of the permit or the operations carried on there under. The permit holder shall hold the City harmless from any and all liability arising from the granting of such permit;
(e) Install landscaping around all well sites, tank batteries and brine disposal sites as established by the Planning Commission and required by Chapter 1153. All landscaping shall be completed within six (6) months after setting the storage tanks.
(Ord. 3273. Passed 5-9-24.)
1169.32 ABANDONED WELLS.
(a) In the event that a well or deep well injection site will be abandoned, the permit holder, applicant, owner, lessee or assignee shall notify the Community Development Administrator of such abandonment before the well has been abandoned and the equipment removed. A well shall be considered abandoned when it is either not functioning or is incapable of functioning for thirty (30) days or more.
(b) A permit holder, applicant, owner, lessee or assignee shall be required to pull and/or plug a well site upon abandonment and to remove all above ground appurtenances and to return the ground to its original grade and condition; and comply with all other rules or regulations promulgated by any department or division of the State relative to pulling, plugging and abandoning oil or gas wells, within six (6) months of abandonment.
(c) Landscaping may be preserved at the time of abandonment of the well, if feasible and if desired by the property owner.
(Ord. 3273. Passed 5-9-24.)
1169.33 NOISE LEVEL.
Noise levels of drilling equipment shall be controlled by double exhausts or comparable system. The noise level of drilling equipment shall not exceed seventy-five (75) decibels at the 500 foot radius during maximum noise producing periods.
(Ord. 3273. Passed 5-9-24.)
1169.34 LOCATION OF WELLS, TANK BATTERIES AND ACCESS ROADS; LISTS OF SUBCONTRACTORS.
(a) The wells, tank batteries and access roads shall be constructed and installed as shown on the approved site plan.
(b) The applicant shall provide a list of all subcontractors, including the brine disposal subcontractor, with names, mailing addresses and telephone numbers and a certificate of insurance in compliance with the requirements of this chapter.
(Ord. 3273. Passed 5-9-24.)
1169.35 BRINE DISPOSAL.
(a) Methods of Disposal. The following methods of brine disposal are prohibited within the City:
(1) Annular disposal.
(2) Earthen pit storage (sludge and holding pits), either during the drilling process or the production life of the well.
(3) Road application or any other surface application.
(4) Deep well injection.
(b) Brine Hauler Permit. Any person owning or leasing a truck for the purpose of hauling brine from oil or gas wells within the City must secure an annual hauling permit from the Community Development Administrator.
(1) Fee. An annual fee of thirty-five dollars ($35.00) will be charged for the permit.
(2) Manifest. Each truck hauling brine from oil and/or gas wells within the City must maintain a cumulative manifest for one calendar year in duration. The manifest shall include the following information on each load of brine hauled:
A. The source of brine collected.
B. The volume of brine collected.
C. The time and date that brine is collected.
D. The disposal site of brine.
E. The time and date of brine disposal.
(c) Routing of Trucks Hauling Brine or Crude Oil. A vehicle transporting brine or crude oil derived from oil and/or gas wells within the City shall comply with Section 339.02 and not travel over local residential streets unless approval is granted by the Police Chief.
(Ord. 3273. Passed 5-9-24.)
1169.36 EXCEPTIONS.
Exceptions to any of the provisions of this chapter must be approved by Council.
(Ord. 3273. Passed 5-9-24.)
1169.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000), or imprisoned not more than six months, or both, for each offense. Each day of violation of any provision constitutes a separate offense. (Ord. 3273. Passed 5-9-24.)
CODIFIED ORDINANCES OF CHARDON