(A) The City Administrator and Executive Advisor within 30 days after the filing of the application for a permit to drill a well or a permit to install water and/or gas repressurizing or injection facilities or conduct any mineral exploration, shall determine whether or not the application complies in all respects with the provisions of this chapter, and if the outer boundary of the site for the well to be drilled or the facility to be installed is located not less than 400 feet from any occupied residence, commercial structure or public building or any permanent accessory structure used in connection with any of same and the drill site is not crossed by any public streets or roads and if it does and is approved, the Council may issue a permit for the drilling of the well or the installation of the facilities applied for.
(B) If, however, the City Administrator and Executive Advisor determines that all of the provisions of these regulations have been complied with by the applicant but that the proposed drill site is not the required distance from residences, commercial structures or public buildings as required hereinabove, then the Council shall hold a public hearing on the application after giving notice at least one time by publication in the official newspaper at least ten days prior to the hearing and in writing by regular United States mail to the surface owners of real property within 400 feet of the drill site and by a sign erected on the drill site premises. The notice is not necessary to any property owner within the 400-foot radius that executes and files with the City Secretary a written waiver acknowledged before a notary public.
(C) If, following the public hearing, the Council finds that exceptional circumstances exist, it may grant the permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. However, no such permit shall ever be granted for a well with the well bore to be located closer than 200 feet to the nearest residence, commercial structure or public building without the unanimous consent of the property owners within a 200-foot radius around said well and the affirmative vote of not less than three-fourths of the members of the full City Council.
(D) Written notice may be served by depositing the same, properly addressed and postage paid, in the city post office to the owners and at the addresses as shown on the last approved city tax roll, or as shown in the application pursuant to division (C) above if the latter is different from the tax roll.
(E) The decision of the Council to refuse the issuance of a drilling permit is final and any and all permits duly issued shall:
(1) By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim in the permit;
(2) Specify the location of the proposed drill site, well or injection facility with particularity to lot number, block number, name of addition or subdivision or by a metes and bounds description, or other available correct legal description;
(3) Contain and specify that the term of the permit shall be for a period of one year from the date of the permit and so long thereafter as oil and gas is produced or until such time as the permittee has permanently abandoned the operation of the well or facility for which the permit was issued;
(4) Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purpose of this chapter; and
(5) Contain and specify that no actual operations shall be commenced until the permittee has complied with the bond and insurance provisions of this chapter.
(Ord. 12-9-05, passed - -)