Clinton City Zoning Code
OIL AND
GAS WELLS
§ 152.115 PURPOSE, INTENT AND AUTHORITY.
(A) Purpose. The purpose of the standards in this subchapter is to provide for health, safety and the welfare of the public through the regulation of drilling and operation of wells for oil, gas or other hydrocarbons in gaseous or liquid form within the boundaries of the village.
(B) Intent. The Planning Commission is aware of the difficulty in setting rigid rules as to the areas to be included in any one drilling unit. It is the intent of this subchapter to have an oil/gas well properly drilled, when reasonable and expedient in the Planning Commission’s judgment, on one permit encompassing all appropriate and compatible properties and to prevent the withholding of permission by a landowner for the sole purpose of later requesting individual permission to drill on the same lot or area.
(C) Authority of the Planning Commission. The Planning Commission is herewith given full authority to give full force and effect to the intent as expressed in division (A) above. Each application for a drilling permit shall rest solely on its merits and the prudent use of discretion by the Planning Commission.
(Prior Code, § 1125.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.116 STATE STANDARDS.
Gas and oil wells shall be subject to all applicable state regulations established in both the Ohio Revised Code and the Ohio Administrative Code.
(Prior Code, § 1125.02) (Ord. O-18-20, passed 11-20-2018)
§ 152.117 OIL/GAS WELL DRILLING PROHIBITIONS.
No oil/gas well drilling unit shall be located in the R-3 High Density Residential District or any business district.
(Prior Code, § 1125.03) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.118 PERMIT REQUIREMENTS.
Any person wishing to drill for oil, gas or any other hydrocarbon within the village must secure a permit according to the specifications set forth as follows: a drilling permit, which is issued by the Planning Commission, shall be required for the actual drilling of the well. No drilling permit shall be issued until the applicant has paid the appropriate fee and met all requirements of the chapter and whatever additional conditions the Planning Commission may impose.
(Prior Code, § 1125.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.119 APPLICATION FOR A PERMIT.
(A) Any person desiring to drill an oil/gas well in the village shall make application for a permit with the Zoning Inspector who will, after all requested information is provided, place it upon the Planning Commissions agenda. The applicant must provide all the information required in this subchapter. Eight copies of the application must be submitted. A non-refundable fee, as determined in the village fee schedule, shall be submitted with application. The drilling permit, if issued, will be terminated and become inoperative, without any action on the part of the village, unless within 90 days from the date of issue of the drilling permit, actual on-site drilling shall have commenced, and after the drilling of a well has commenced, the cessation of a 90-day period of the drilling operations shall operate to terminate and cancel the permit, and the well shall be deemed abandoned for all purposes of this section, and it shall be unlawful thereafter to drill or operate any such well without the issuance of another permit. Reapplication requires payment of all fees.
(B) The Planning Commission may, for good cause, grant an extension of the drilling permit up to six months without holding a public hearing. No well or wells shall begin production until compliance with all provisions is certified by both the Fire Inspector and the Zoning Inspector.
(C) No person shall be permitted to drill more than two wells at any one time. Application for the third permit, or any subsequent permit, may be made upon completion of drilling the first, second and each numerically subsequent well.
(Prior Code, § 1125.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see 152.999
§ 152.120 PUBLIC HEARING REQUIREMENTS.
(A) The Planning Commission shall, before granting a drilling permit, schedule a public hearing, the date and time of which shall be established by the Planning Commission, and shall cause all property owners and residents within the village within 1,000 feet of the wellhead to be notified of such hearing, in writing, all by regular mail and notice shall be given of said hearing by publication in a newspaper of general circulation in the village not less than ten days before the date of the hearing. The notice to be mailed must carry a map showing the specific location of the well. All mailings shall also include proof of service. The public hearing must not occur less than four weeks prior to the commencement of drilling. It shall be sufficient notice to all the residents of any one residential unit to address notice to “Resident or Residents” at the mailing address of the residential unit.
(B) Compliance with the hearing provision of this division (B) shall be mandatory conditions of drilling under the permit.
(Prior Code, § 1125.06) (Ord. O-18-20, passed 11-20-2018)
§ 152.121 PROOF OF PERFORMANCE BOND.
Prior to the issuance of a drilling permit of an oil/gas well, each applicant shall deposit with the village, proof that a performance bond has been attained. The bond shall be conditional upon compliance with all sections of this subchapter. The amount of the bond, not less than the amount specified in the village bond and insurance fee schedule, shall be set by the Planning Commission. The bond shall be maintained by the permittee until the well is abandoned, all equipment is removed, the premises restored to pre-drilling condition and the well is sealed. The bond shall not only be conditional upon compliance of the applicant, but also upon compliance with this subchapter by any assignee and owner of any permit granted hereunder, or any employee, contractor, subcontractor or any other party performing services in connection with any permit issued hereunder.
(Prior Code, § 1125.07) (Ord. O-18-20, passed 11-20-2018)
§ 152.122 PLOT PLAN AND VICINITY MAP.
(A) Each application for drilling an oil/gas well must be accompanied by a plot plan and vicinity map of the drilling unit involved in the application drawn to a legible scale and showing thereon:
(1) The lot lines of all properties within 1,000 feet of the proposed well site;
(2) The location of all buildings and structures 750 feet of the proposed well site;
(3) The location of all associated wells and appliances; that is, the wellhead, piping, tank batteries, access roads, drives and fences;
(4) A landscaping plan drawn to reasonable scale as required by the Planning Commission;
(5) The names and addresses of the owners and the addresses the occupants of each property shown on the map within a radius of 1,000 feet of the proposed well sites;
(6) A circle drawn on the map at a radius of 300 feet, 400 feet, 500 feet, 700 feet and 1,000 feet from the proposed well site;
(7) A schematic of all pipe lines;
(8) A listing of the name, address and telephone number of the firm and/or individuals making application for a permit; and
(9) If the request for a drilling permit is part of a larger planned drilling area, the applicant must submit a plan upon which is shown the location of all projected drilling units, including the proposed locations of the drilling sites.
(B) The applicant must provide eight copies of the application and all attachments.
(Prior Code, § 1125.08) (Ord. O-18-20, passed 11-20-2018)
§ 152.123 DRILLING UNIT SIZE.
The minimum size of a drilling unit shall be 20 acres for wells from 2,500 to 4,000 feet deep and 40 acres for wells deeper than 4,000 feet.
(Prior Code, § 1125.09) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.124 MINIMUM DEPTH OF WELL.
All oil/gas wells drilled in the village shall be a minimum of 2,500 feet in depth. No production is permitted from wells shallower than 2,500 feet.
(Prior Code, § 1125.10) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.125 SPACING OF OIL/GAS WELLS.
The spacing between wells shall be a minimum of 1,000 feet.
(Prior Code, § 1125.11) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.126 PLACEMENT OF OIL/GAS 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 village corporate municipal boundary, the wellhead shall be at least 300 feet from said boundary.
(Prior Code, § 1125.12) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.127 DRILLING NEAR STRUCTURES; EXCEPTIONS.
No drilling shall be permitted for oil or gas wells within 600 feet of a building designed for human occupancy, including residential structures, industrial or mercantile, or any school, child day care centers, church, hospital or assembly hall, regardless of the zone where drilling is permitted. In the case of particular installations where compliance with the foregoing distance requirements may be handicap to the use of the property and where no undue hazard will be created, the Planning Commission may, with waivers as required in § 152.128, reduce the distance to not less than 400 feet. Any reduction in distance must be based upon a consideration of the special features such as topographical conditions, nature or occupancy, and proximity of the storage tanks, degree of fire protection provided and the facilities available at fire departments to cope with liquid fires. The above features are not to be in any way construed as a limitation of matters which the Planning Commission may consider. The Planning Commission shall have the right to consider any and all other special features it may deem important in determining whether or not an undue hazard is created.
(Prior Code, § 1125.13) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.128 CONSENT FROM PROPERTY OWNERS WITHIN 1,000 FEET.
(A) All applications for a drilling permit shall be accompanied by consents in writing of owners of 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 do give their consent to the drilling of an oil or gas well on the site as proposed in the application for a 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 a common ownership irrespective as to how it may be divided into lots. No permits may be issued until 51% of the real estate units within 1,000 feet of the wellhead approves of the drilling of oil/gas well.
(B) (1) In the event the owner of any property abutting a proposed well site:
(a) Has leased his or her property for drilling for oil or gas;
(b) Has signed and filed an application for a permit to drill for oil or gas on his or her property, or his or her leasee, contractor or agent has signed and filed the application;
(c) Has signed and delivered a written assent under division (A) above to an application for a permit to drill a well for oil or gas; or
(d) Has utilized his or her property by entering into a community lease or agreement for drilling a well for oil or gas, if drilled under the community lease or agreement is to be located nearer to his or her property than the well or proposed well site first above mentioned in this division (B).
(2) 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 division (B), to drilling a well for oil or gas on the proposed well site first mentioned above. However, any owner who has united his or her property by entering into a community lease or agreement as set forth in division (B)(1)(d) above, shall not share in any adjacent well production because of conflicting lease interests of the real estate caused by the real estate being in more than one unitized area. It is the expressed intention of the provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(Prior Code, § 1125.14) (Ord. O-18-20, passed 11-20-2018)
§ 152.129 WAIVERS FROM OWNERS AND OCCUPANTS WITHIN 600 FEET.
(A) In addition to the consents required in § 152.128, no drilling shall be permitted for oil and/or gas wells in any permitted zone within 600 feet of any building or structure of any nature unless written waivers, as hereinafter provided for, accompany an application for a permit.
(B) The owners and occupants of any buildings or structures within 600 feet of the proposed well site must waive, in writing, the distance set forth. The owners or occupants may waive down to a minimum distance of 400 feet without the necessity of vacating, or causing to be vacated, any buildings or structures during drilling operations.
(C) Where the owners or occupants of any buildings or structures which are closer than 600 feet to a proposed drilling site have, at any time, waived, in writing, the distance requirement provided for in this division (C) for any proposed drilling site which was closer than 600 feet to the buildings or structures, then the property owners and occupants shall be deemed to have waived the distance requirement provided for in the party waived for the other proposed drilling site, or to the distance that the well was actually drilled, whichever is smaller.
(D) The Planning Commission may refuse to reduce the distance from any building or structure even though the owners and occupants within 600 feet of the well site have waived the distance set forth in this division (D). The Planning Commission will evaluate each case from the perspective of safety, impact on the immediate area and relationship to long-term plans for the area.
(Prior Code, § 1125.15) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.130 CONSTRUCTION NEAR PRODUCING OIL/GAS WELLS AND STORAGE TANKS.
(A) Oil/gas well. No zoning permit shall be issued for the construction of any building designed for human occupancy or use i.e., residential, industrial, business or public, if the proposed site is within 150 feet of any oil/gas well; until such time as the well has been plugged in conformance with this section.
(B) Oil/gas well storage tanks. No zoning permit shall be issued for the construction of any building designed for human occupancy, i.e., residential, industrial, business or public, if the proposed site is within 150 feet of any oil/gas well storage tank.
(Prior Code, § 1125.16) (Ord. O-18-20, passed 11-20-2018; Ord. O-23-11, passed 4-18-2023)
§ 152.131 EASEMENTS OR OPTIONS FOR PIPELINES AND STORAGE TANKS.
An applicant who has received drilling permission and has realized a producing well shall submit to the Zoning Inspector copies of easements or options for easements for a pipeline where the pipeline will be crossing other property, and shall also provide a copy of an agreement or option for a location or storage tanks should there be a producing well.
(Prior Code, § 1125.17) (Ord. O-18-20, passed 11-20-2018)
§ 152.132 STATE PERMIT REQUIRED.
No drilling permit will be issued by the Planning Commission until the applicant presents evidence of having obtained a permit issued by the State Department of Natural Resources, Division of Oil and Gas, and bearing a current date.
(Prior Code, § 1125.18) (Ord. O-18-20, passed 11-20-2018)
§ 152.133 PERMIT ISSUANCE; LIABILITY INSURANCE.
Upon approval by the Planning Commission, the permit shall be issued. However, prior to the issuance, the village shall be provided with a policy or certificate of insurance covering the applicant’s liability in an amount of not less than that set forth in the village bond and insurance fee schedule. The insurance policy or policies must be maintained for such period of time as drilling is in progress, the well is pulled and plugged as hereinafter provided. The insurance policies and the coverages thereunder must be to the complete satisfaction of the village and such policies may be rejected by the Solicitor for any valid reason. The rejection of the insurance policy by the village shall serve to stay the granting of permit theretofore approved until such time as an insurance policy providing coverage resulting entirely satisfactory to the village has been provided by the applicant. All policies must include coverage for property damage, personal injury and including coverage resulting from blowout or cratering. The village shall be named as a named or additional insured and shall be held harmless from all liability resulting from the granting of a permit under this subchapter.
(Prior Code, § 1125.19) (Ord. O-18-20, passed 11-20-2018)
§ 152.134 INSPECTION; PERMIT REVOCATION.
Duly authorized representatives of the village, including the Zoning Inspector, Fire Inspector, Fire Chief and Police Chief, shall have the authority, at any time, to enter upon property where a well is being drilled, a well site is being contemplated or a producing well site for the purpose of inspecting the site, equipment and all other things necessary to ensure the compliance with this section. Non-compliance is punishable as per § 152.999.
(Prior Code, § 1125.20) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.135 INFORMATION TO BE FURNISHED TO THE VILLAGE.
The name, address and telephone number of the persons responsible for the ownership, operation and all maintenance of each producing well located within the village shall be furnished to the Zoning Inspector, Police Department and Fire Department in order that some responsible person may be reached at any time in the event of an emergency. The Zoning Inspector shall prepare a list of such names and addresses and shall post a list in a conspicuous place in the police department for ready reference. Detailed instructions regarding the shutdown procedures for each well shall be filed with the Fire Chief. This information shall also be posted at the well site. In addition, the developer shall notify the Zoning Inspector 48 hours before commencing drilling operations.
(Prior Code, § 1125.21) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.136 MAINTENANCE OF WELL SITE, INGRESS AND EGRESS; LANDSCAPING.
(A) The applicant shall install a 40-foot long culvert as approved by the Street Superintendent, at each entrance or exit, to provide for a gravel entry roadway, a minimum of 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 Planning Commission.
(C) All access roads shall be 12 feet in width and constructed and maintained in a manner to allow access and egress by public safety vehicles under all climatic conditions.
(Prior Code, § 1125.22) (Ord. O-18-20, passed 11-20-2018; Ord. O-22-07, passed 3-15-2022) Penalty, see § 152.999
§ 152.137 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/objective formation and shall be capable of preventing blowouts and flows of salt or fresh water in accordance with good drilling practices.
(Prior Code, § 1125.23) (Ord. O-18-20, passed 11-20-2018)
§ 152.138 CABLE TOOLS.
Wells drilled with cable tools shall have the innermost string of casing equipped with a high pressure master gate valve and control head and oil saver, securely anchored by concrete, prior to drilling any formation likely to contain oil or gas.
(Prior Code, § 1125.24) (Ord. O-18-20, passed 11-20-2018)
§ 152.139 TRAINING OF CREWS; CONDITION OF EQUIPMENT.
All crews shall be trained in the operation of the blowout preventer, control head and related equipment, and all equipment used shall be in good condition.
(Prior Code, § 1125.25) (Ord. O-18-20, passed 11-20-2018)
§ 152.140 SEALING TO PROTECT FRESH WATER WELLS.
(A) It shall be the duty of the permittee to seal gas and oil wells to protect fresh water wells from salt water or other pollution or contamination in such proper manner as is in accordance with good practice. Both the permittee and his or her driller shall establish contingency plans for the immediate furnishing of potable water to affected residents from such period as may be required to re-establish proper potability on any polluted or contaminated well or wells. The permit holder and his or her driller shall be jointly and severally responsible for the obligation to provide potable water, without cost to the residents receiving the same. Drillers’ responsibility shall include covering the cost of drilling new wells or extending public water service, if available.
(B) Drillers shall also pay to have all water wells, within 1,000-foot radius of the well being drilled, tested before and after drilling.
(Prior Code, § 1125.26) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.141 FENCE REQUIREMENTS; ELECTRIC POWERED WELL PUMP REQUIRED.
(A) A permittee shall maintain a fence around the drilling site in accordance with good oil field practices. Should a well be a producing one, the permittee shall upon completion of the well construct a fence as specified by the Planning Commission. The fence shall be maintained around the well pump satisfactory to the Zoning Inspector. All landscaping shall be completed as soon as possible after setting the storage tanks, in no case longer than six months.
(B) All well pumps shall be operated by explosion-proof electric motors only unless otherwise approved by the Planning Commission for demonstrated good cause.
(C) All existing and future tank batteries, separators, temporary holding pits and all other installations of equipment used at oil or gas well installations located within the village, shall be surrounded by a fence which shall be of sufficient height and construction to meet with the approval of the Planning Commission. The fence shall be a minimum of six feet high and of a design and material specified by the Planning Commission, with suitable locking gates for access. Locking devices used on all gates, valves or other secured apparatus in conjunction with any well or tank battery operated by a permittee in the village shall be keyed alike so that one key will provide access to any such secured apparatus. A copy of such key shall be provided to the Fire Department and the Police Department serving the village. All shut-off valves shall be painted a conspicuous common color.
(D) Electrical underground power service in schedule 40 plastic buried to a minimum of 24 inches is required.
(E) No lighting during drilling or on a producing well shall constitute a nuisance to surrounding properties.
(Prior Code, § 1125.27) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.142 PROHIBITED DRAINAGE IN STORM OR SANITARY SEWERS AND LAKES, PONDS, CANAL AND STREAMS.
No waste, sludge, water or effluents of any type from where an oil or gas well is being drilled shall in any manner be drained or emptied into any storm or sanitary sewer or lakes, ponds, canal or streams in the village. All sludge water, or effluents which are allowed to run off and pollute any area outside the dike shall be removed from the site in trucks, tanks or similar vehicles for disposal in suitably licensed and permitted sites.
(Prior Code, § 1125.28) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.143 STORAGE TANKS, LOCATION AND DIKING.
(A) Oil well storage tanks must be located a minimum of 500 feet from industrial, commercial or residential structures, or any church, hospital, assembly hall, library, public building or other public gathering place, and at least 200 feet from a public road, street or railroad tracks, regardless of the zone.
(B) Where 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 village shall be diked or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Each dike shall have a capacity of not less than that of the tank or tanks served by the enclosure.
(D) All dikes shall be constructed of earth, clay, steel, masonry or reinforced concrete so constructed as to be watertight and afford adequate protection and, if of concrete or masonry, shall be properly reinforced and shall have footings below the frost line. All pits used for storage or disposal of sludge or lime shall be lined with plastic or comparable material to prevent leaching and shall be of sufficient size to contain all effluents.
(Prior Code, § 1125.29) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.144 MUD ON SITE OR STREETS.
All permittees shall use care at a drilling site to keep the area around the drilling site free of mud which could be carried onto public streets by any vehicle or other equipment used at the drilling site. Should any mud be carried onto public streets from a drilling site, the Zoning Inspector has the authority to request the permittee to clean up the public streets to his or her satisfaction. Failure to take specific steps to reduce mud at a given location, as requested by the Zoning Inspector, shall be grounds for revocation of the permit and/or forfeiture of the bond posted under § 152.121.
(Prior Code, § 1125.30) (Ord. O-18-20, passed 11-20-2018)
§ 152.145 RESTORATION OF PUBLIC PROPERTY; SITE CLEAN UP.
(A) The permittee shall restore the streets, sidewalks and other public places of the village damaged or destroyed in the operation of drilling or preparing to drill to their former condition immediately upon completion of drilling.
(B) The permittee shall 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) The permittee shall defend, indemnify and hold the village harmless from any and all liability arising out of the issuance of a drilling permit for an oil or gas well or unlawful brine disposal.
(D) The permittee shall pay to the owners of any reality, crops, building, improvements, goods or chattels located in the area, except persons of the drilling unit, any extra cost of insurance on such property imposed by reason of granting of the permit to the operations carried on thereunder.
(Prior Code, § 1125.31) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.146 ABANDONED WELLS.
(A) In the event that a well is abandoned, it shall be the duty of the owner of lessee to notify the Zoning Inspector of such abandonment before the well has been abandoned and the equipment removed. A well shall be considered abandoned when it is in a condition in which it is incapable of functioning for 30 days.
(B) All permittees shall be required to pull and/or plug a well site upon abandonment and to remove all aboveground appurtenances and to return the ground to its original grade and condition. All other rules or regulations promulgated by any department or division of the state relative to pulling, plugging, and abandoning oil or gas wells shall also be complied with. All such efforts shall be completed within six months of abandonment.
(C) Landscaping may be preserved at the time of abandonment of the well, if feasible, and only if desired by the property owner.
(Prior Code, § 1125.32) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.147 NOISE LEVEL.
Drilling operations shall be controlled by double exhausts or otherwise so that the noise level of actual drilling does not exceed the noise level of 75 decibels in a 600 feet radius during maximum noise-producing periods.
(Prior Code, § 1125.33) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.148 OTHER CONDITIONS.
(A) The wells, tank batteries and access roads shall be located as shown on the approved site plan.
(B) The applicant shall provide a list of all subcontractors, including the brine disposal subcontractors, with names, mailing addresses and telephone numbers.
(Prior Code, § 1125.34) (Ord. O-18-20, passed 11-20-2018)
§ 152.149 BRINE DISPOSAL PROHIBITED.
Any method of brine disposal within the village is prohibited.
(Prior Code, § 1125.35) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.150 GRANTING OF VARIANCES.
Variances to any of the provisions of this subchapter shall be governed by § 152.056.
(Prior Code, § 1125.36) (Ord. O-18-20, passed 11-20-2018)