§ 155.14  AMENDED OIL OR GAS WELL PERMITS.
   (A)   An operator shall submit an application to the city to amend an existing oil or gas well permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit.
   (B)   Applications for amended oil or gas well permits shall be in writing, shall be on forms provided by the city, shall be signed by the operator, and shall include the following:
      (1)   The application fee as set by the city's adopted fee schedule;
      (2)   A description of the proposed amendments;
      (3)   Any changes to the information submitted with the application for the existing oil or gas well permit (if such information has not previously been provided to the city);
      (4)   Such additional information as is reasonably required by the city to demonstrate compliance with the applicable development plat, applicable conditional use permit or Planned Development Zoning District; and
      (5)   Such additional information as is reasonably required by the city to prevent imminent destruction of property or injury to persons.
   (C)   All applications for amended oil or gas well permits shall be filed with the City Secretary, or assigns, it shall be immediately forwarded to the Planning and Zoning Commission for review. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city may retain a processing fee as determined by the city. The city may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator.
   (D)   If the activities proposed by the amendment are not materially different from the activities covered by the existing oil or gas well permit, and if the proposed activities are in conformance with the applicable development plat or applicable conditional use permit, then the Planning and Zoning Commission shall have the authority to approve the amendment within 10 days after the application is filed.
   (E)   If the activities proposed by the amendment are materially different from the activities covered by the existing oil or gas well permit, and if the proposed activities are in conformance with the applicable development plat or the applicable conditional use permit, then the Planning and Zoning Commission shall approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Planning and Zoning Commission, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Planning and Zoning Commission may require the amendment to be processed as a new oil or gas well permit application.
   (F)   The failure of the Planning and Zoning Commission to review and issue an amended oil or gas well permit within a reasonable specified time limit shall not cause the application for the amended permit to be deemed approved.
   (G)   The decision of the Planning and Zoning Commission to deny an amendment to an oil or gas well permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the City Council.
(Ord. 618, passed 3-20-2006)