Mogadore City Zoning Code
DRILLING WELLS
§ 152.090 PURPOSE.
This conditional use is established to permit the drilling of wells for oil, gas, and other hydrocarbons in the village subject to the requirements set forth in § 152.049 and all other applicable sections of this chapter and to prescribe the minimum standards and requirements to make the drilling, fracturing, production, including storage and transmission, termination, and removal of the wells as safe and compatible as possible with other land uses and activities in the village. The Planning Commission is herewith given full authority to make such recommendations as deemed necessary to give full force and effect to the purposes and requirements expressed herein and Council is herewith given full authority to impose such conditions as it shall deem necessary to give full force and effect to the purposes and requirements expressed herein. An appropriate application and compliance with the purposes and requirements of this chapter and all other applicable sections of the village's regulations shall be within the discretion of the Council, and no such determinations shall serve as precedent to any other application. Each application shall rest solely upon its own merit and prudent use of discretion by the Council. All provisions of this chapter shall apply to the proposed well site and drill unit, property owner(s), heirs, executors, or assigns, and to the well drilling and production firms, partnerships, associations; or corporations and their successor and assigns.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.091 PERMIT AND CONDITIONAL USE ZONING CLASSIFICATION REQUIRED.
(A) No person, firm, or corporation shall commence to drill a well for gas, oil, or other hydrocarbons within the corporate boundaries of the village unless and until compliance with all provisions of this chapter, all other applicable sections of the village codified ordinances, a condition use zoning certificate has been approved for issuance by Council and a well drilling permit has been issued by the Zoning Inspector. The procedures for obtaining a conditional use zoning classification shall be as presently in effect and required for other re-zoning requests.
(B) A conditional use zoning certificate shall be granted for a one-year period and shall expire unless actual drilling commences within 90 days of the issuance date.
(C) No person shall be permitted to drill more than two wells at any one time, and no more than two conditional use zoning certificates shall be issued to the same property owner or drilling company at any one time. Application for a third certificate or any subsequent certificate may be made upon the completion of the drilling of the first, second, and each numerically subsequent well.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.092 APPLICATION REQUIREMENTS.
(A) Application. Any property owner, person, firm, company, or corporation desiring to drill a well for gas, oil, or other hydrocarbons within the corporate boundaries of the village shall apply for a conditional use certificate to the Planning Commission.
(B) Form and fee. All request for certification shall be accompanied by a completed application form, all required information, and the fee specified in the Permits and Approvals Fee Schedule. No refund of any part of a certificate application fee shall be made to an applicant in cases of a denial or revocation of a certificate by the village or to a certificate holder in the case of a dry hole or for failure to exercise the privilege to drill upon the site covered by the certificate. The application form shall be in such form and format as determined by the Village Clerk.
(C) Additional data. The following data shall also be submitted as part of the application:
(1) Site plan and vicinity map of the area involved in the application drawn to scale dimensions and showing thereon:
(a) The current lot lines of all abutting and other properties within 1,000 feet of the proposed well and storage tanks;
(b) The current location and use of all buildings and structures within 1,000 feet of the proposed well and storage tanks and associated equipment site(s);
(c) The names and addresses of all owners of property partly or fully within a radius of 150 feet of the proposed well and storage tanks and associate equipment site(s);
(d) The proposed location of pipelines to be utilized to transport gas and/or oil to off-site locations and facilities;
(e) The proposed location of the well and all associated appliances and facilities, such as well head, piping, separators, scrubbers, tank batteries, storage tanks, access roads, dikes, fences, and any other accouterments;
(f) A schematic of all pipe lines, connections and shut-off valves for emergency purposes; the schematics shall be modified and resubmitted to the village for emergency purposes at any time that a change in equipment for facilities occurs;
(g) Specific plans for the removal, disposal methods and disposal site of all spoils, saltwater, and other residues and waste materials resulting from the drilling, fracturing, or production of the well;
(2) Each individual, corporation or association who has been or will be contracted to haul brine or saltwater shall provide evidence of state certification, state permit or such other similar documentation as may be required to operate.
(D) Performance guarantees. At the time of approval, a cash or equivalent bond of not less than $10,000 per well, shall be deposited with the Village Clerk to serve as a financial guarantee for the compliance with the requirements of this chapter and other applicable sections of the village regulations. Guarantees shall be released upon completion of all landscaping, painting, fencing, and such other restoration as shall be deemed necessary. Completions shall be determined by the Zoning Inspector and Village Engineer after inspection of the facilities and site.
(E) Easements or options. Copies of easements or options for easements shall be submitted with the application for all pipe lines, production and processing equipment and access drives where all such facilities are to cross properties not included as part of the drill site or drill unit.
(F) Emergency information. In order that some responsible person may be reached at any time in the event of an emergency the name, address and telephone numbers of the persons responsible for the ownership, operation, and all maintenance of each drilled well, whether capped, temporarily out of production, not yet fractured, or in productions located within the village, and who are available at any time and who have knowledge of well fire treatment, shall be furnished to the Fire Chief, the Chief of Police and shall be provided to owners and adult occupants of any building or structure within 1,500 feet of the proposed well site. This information shall include the street location and state permit number and name of the well. The emergency information required by this division shall be prominently posted at the entrance to the access road to the drilled well site.
(G) State permits required. Applications for a well drilling conditional use zoning certificate shall be considered by the Planning Commission and Council only when the application includes a copy of currently valid permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas.
(H) Affidavit or compliance or exceptions. The applicant for a well drilling conditional use zoning certificate shall be required to file with the application, an affidavit stating that the applicant has complied with all conditions of this chapter and other applicable requirements of this code, or setting forth any exceptions thereto. Any false or erroneous statement in the affidavit shall be grounds to refuse to authorize a conditional use zoning certificate to drill or shall be grounds to revoke a certificate already authorized or issued by the village.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.093 EASEMENTS WITHIN VILLAGE PROPERTY; FEES.
No holder of a conditional use zoning certificate shall be authorized, without the express consent of Council to locate gas lines or other structures or appurtenances associated with oil or gas wells within any public property. In the event that Council grants easements to any such conditional use zoning certificate holder, the fee for such utilization of such property shall be not less than $.50 per linear foot per annum. In addition thereto, any such permission shall contain a requirement that a bond in the amount established by the Village Clerk for restoration of the property where the line is located; a requirement that the holder shall landscape any metering, processing, or other equipment areas associated with the gas/oil line and/or well; and a requirement of minimum depth of 30 inches for each and every gas/oil line. If any gas/oil line interferes with other public utilities servicing city rights-of-way, these gas/oil lines shall be relocated at the owner's expense.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.094 STANDARDS FOR REVIEW BY THE PLANNING COMMISSION AND COUNCIL.
(A) The Village Planning Commission and Council, when studying an application for conditional use for drilling of a well for oil, gas or other hydrocarbons shall review the particular facts and circumstances of each proposed use in terms of the following standards, and if taking favorable action on the proposals, shall find adequate evidence that the use:
(1) Will be harmonious with and in accordance with the general objectives of the village's comprehensive plan.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing character of the same area.
(3) Will not be hazardous or disturbing to existing or future neighboring uses.
(4) Will be served adequately to essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services where applicable.
(5) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(6) Will not involve uses, activities, processes, materials, equipment and conditions that will be detrimental to any persons, property, or the general welfare by the reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with the traffic on surrounding public streets or roads.
(8) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(B) The Planning Commission shall be authorized to consult with such village department heads it deems necessary to adequately study an application. This power shall include but not be limited to requesting a report (oral or written) relating to the proposed application and its potential effect upon the village.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.095 PROCEDURES AND GENERAL REQUIREMENTS.
All applications for oil, gas or other hydrocarbon well drilling conditional use zoning certificates shall comply with the following procedures and requirements:
(A) Public hearing and notice. After the first reading, but before the third reading of the legislation granting a conditional use zoning certificate, Council shall require the applicant to schedule a public hearing, the date and time of which shall be approved by Council, and the permittee shall cause all property owners whose properties abut the drill unit and residents within the village or neighboring municipalities within 1,200 feet of the well head to be notified of such hearing in writing, all by certified mail, return receipt requested. The Village Clerk shall provide the form of notice. The public herein must occur not less than 30 days prior to the commencement of drilling unless waived by Council. The permittee or driller shall file a list of addresses with the village for all residents notified and shall thereon note the time and place of hearing. In addition thereto, the week prior to the actual drilling, notifying the residents indicated of the day the drilling operations will commence. Compliance with the hearing provision of this chapter shall be mandatory condition precedent to the commencement of drilling under a permit.
(B) Certificate issuance; liability insurance. Upon the approval by a majority of Council that a gas or oil well drilling conditional use zoning certificate be granted, the Village Clerk shall issue the certificate and well drilling permit upon such conditions and terms specified by Council.
(1) However, prior to such issuance, the village shall be provided with a policy or certificate of insurance covering the applicant's liability for property damage in an amount of not less than $500,000 and for personal injury in an amount not less than $500,000 per individual, $1,00,000 per occurrence, which insurance policy or policies must be maintained for such period of time as drilling is in progress, what well is in operation or is producing oil or gas. Or until such well is pulled and complete satisfaction of the village and such policies may be rejected by the village for any valid reason.
(2) The permittee shall pay to the owners of any realty, crops, buildings, improvements, goods or chattels located in the area, any extra cost of insurance on the property imposed by reason of the granting of the permit or the operations carried on thereunder and any and all damages suffered by any person, persons, or corporations as to property within the village or adjacent communities from fire over and above the insurance collected thereon, or from oil, gas, or water caused by or originating from the operation connected with the well, and will hold the village free and harmless from any and all liability growing out of the granting of the well drilling certificate.
(C) Inspections; certificate revocation. The Village Engineer, Fire Chief, Police Chief, or Zoning Inspector, or his duly authorized representative, shall have the authority at any time other than a drilling or operator indicated period of high hazard to enter upon property where a well is in the process of being drilled, or upon a producing well site to inspect, examine or review equipment and do all other things necessary to assure compliance with the objectives and requirements of this section.
(D) Failure to comply. Failure to comply with any provisions of this chapter shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued by the village. Revocation of a permit shall remove all rights of the permittee to drill for oil or gas, to fracture the well, or to continue production until such time as the permittee takes steps to be in compliance with this section. Operations carried on by the permittee after revocation of the permit shall constitute a violation of this section and shall be a misdemeanor of the first degree, punishable under the provisions of § 152.999.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
§ 152.096 SPECIFIC REQUIREMENTS.
All applicants and permittees for a gas and oil well drilling conditional use zoning certificate shall comply with the following specific requirements, which are deemed to be minimum specifications unless noted otherwise:
(A) Noise level. Drilling operations shall be controlled by double exhausts, mufflers, or otherwise, so that the noise level of actual drilling does not exceed the noise level of 55 dba at a 300-foot radius from the well site during the time period commencing at 7:00 p.m. and terminating at 7:00 a.m. the following day. At any other time, the noise level shall not exceed 70 dba at a radius of 300 feet from the well site.
(B) Fencing and landscaping. The permittee, driller, or producer of any drilled well, whether producing or not, shall meet the following requirements:
(1) Within six months of initiation of production, the well head and all production and processing equipment shall be enclosed by permanent eight-foot-high fencing with two gates at opposite ends of the enclosure of such quality and maintenance to prevent to a reasonable degree, any unauthorized entry or access.
(2) Wells, production facilities, and processing equipment located near an area of existing homes where two or more dwellings, not belonging to the owner(s) or permittee for said well or equipment are located partly or completely within a radius of 300 feet from the well or equipment shall be enclosed by a vision obscuring masonry wall or wood fence at least eight feet high.
(3) In all undeveloped areas not part of a platted or proposed residential subdivision or not containing existing homes as specified in division (B)(2) of this section, the vision obscuring masonry wall and wood fences may be delayed at the discretion of the Planning Commission and Council, who may at some future date require vision obscuring fences in response to changing development conditions and as a condition for the continued production of an existing well. Non-vision obscuring fences shall be of chain link at least eight feet high.
(4) Wells, production facilities and processing equipment located on a site adjacent to existing or proposed residential, commercial, or other non-residential, commercial, or other non-residential structures or land uses, or adjacent to existing streets, roads, or highways, where potentially damaged by the well or facilities, may be required by the Planning Commission and Council, to be enclosed by a vision obscuring masonry wall and wood fence at least eight feet high.
(5) In addition to fine grading and the restoration of grass or other vegetative cover, the well head and all equipment sites located within 500 feet of nonindustrial areas, shall be landscaped with shrubs and trees to create an environment and appearance compatible with the adjacent properties, neighborhood and area. Upon the recommendation of the Planning Commission after reviewing the submitted plans for restoration, fencing, and landscaping, the Council shall approve the amount and type of landscaping to be provided. Existing trees and shrubs shall be preserved and utilized to as great a degree as possible in the final restoration and landscaping.
(6) Restoration, fencing, and landscaping shall be completed within six months of the date drilling was initiated, conforming with approved plans and prior to the release of performance bonds.
(Ord. 2018-80, passed 11-20-18)