(a) The applicant shall cooperate fully with the oil and gas inspector in providing all information necessary to complete the permit application. Upon completion of the review of the permit application, the oil and gas inspector shall make a formal written recommendation to the City Council, and if the application is for a drilling location in a city park, to the city parks and recreation board as to whether or not a Level C Permit should issue. The oil and gas inspector shall make said recommendation within 30 days after all information required for issuance of the permit has been filed with the oil and gas inspector. The 30 day review period shall not begin to run until the applicant has provided the oil and gas inspector with a complete application package, including satisfaction of the requirements of Section 61-30 of this chapter regarding timely posting of the required notice sign.
(b) If the application proposes a drilling site location located wholly or partially within a city park, and following the review and recommendation process by the oil and gas inspector, the permit application shall then be considered by the city parks and recreation board. The parks and recreation board will conduct at a public meeting a review of the potential impact of the application on the city park property, soliciting information from the permit applicant and from those interested citizens or other parties which the parks and recreation board deems appropriate. The parks and recreation board shall review the application within a 30 day period following receipt of the oil and gas inspector's recommendation, and shall then make a recommendation to City Council for its consideration.
(c) Upon receipt of the recommendations from the oil and gas inspector, or in the case of an application for a well site located wholly or partially in a city park, upon receipt of the recommendation from the city parks and recreation board, the City Council shall hold a public hearing to consider such application. Provided all other notice requirements as set out herein are satisfied, said public hearing may be conducted as part of a regularly scheduled City Council meeting.
(d) Any well application which has progressed to the point of consideration by City Council must be accompanied by an additional non-refundable fee. Said fee shall be a standard fee set by resolution of City Council.
(e) At least 20 days and no more than 30 days precedent to any such public hearing before City Council, the applicant at applicant's expense shall publish notice of the hearing in a local newspaper acceptable to the city. The substance of the notice and the procedure for publishing same shall be approved by the city prior to publication. The applicant shall obtain a certificate of publication from the newspaper following publication of the notice.
(f) At least 20 days prior to the hearing, the applicant shall by certified mail, return receipt requested, give notice of the hearing to the following persons:
(1) if the applicant must obtain a Level C Permit because the applicant has failed to obtain 100 percent of the approvals of adjacent surface property owners as required under Section 61-32 of this chapter, then the applicant shall give notice of the hearing to all owners of the residences and commercial buildings located within 300 feet of the proposed drilling site;
(2) all other applicants for Level C Permits shall give notice of the hearing to all property owners located within 500 feet of the proposed drilling site.
Mail notices as required herein shall be served by depositing same with the United States Post Office, properly addressed and postage prepaid, certified mail, return receipt requested, to the address of each owner shown as reflected on the last approved city tax roll, or such other alternative address as shall be made known to the applicant. The applicant shall likewise post a sign on the drill site premise giving 20 days advance notice of the hearing. The notice sign shall be posted in a manner similar to and shall bear lettering comparable to that sign required by Section 61-30 of this chapter.
(g) During the initial portion of the public hearing, and before the City Council may consider the merits of the applicant's permit application, the applicant shall provide evidence to the satisfaction of the City Council of the following:
(1) in the case of an applicant who is required to obtain a Level C Permit because the applicant has failed to obtain 100 permit approval of adjacent property owners as required under Section 61-32 of this chapter, that the applicant has made a good faith, bona fide attempt and offered to obtain written permission from each and all of the owners of any residential or commercial buildings located within 300 feet of the drill site;
(2) a certificate of publication establishing timely publication of the notice of hearing as required herein;
(3) that timely actual notice of the hearing was given to all persons as required in Section 61-72(f);
(4) that the applicant has otherwise complied with or satisfied all other requirements of Chapter 61 of the Code, including full and complete compliance with the financial and technical requirements stated therein;
(5) that the applicant has an acceptable record of voluntary compliance with the terms and provisions of the city's oil and gas drilling ordinances for past drilling operations.
(h) The burden of proof of all matters considered in the hearing shall be upon the applicant.
(i) Following such public hearing, the City Council shall have the power to refuse any application for a Level C Permit to drill and operate such a well within the city limits of the city whereby reason of such particular well location and the character and value of the permanent improvements already erected on or approximately adjacent to the particular location in question, and the use to which the land and surroundings are adapted, or by reason of the applicant's prior poor compliance with the city's ordinances, or by reason of the fact that the well location would impose an unreasonable burden or unduly damage the surface of the proposed location, including especially park land, and there are alternative sites available for such well location, or for health or safety reasons, or for a composite of any of these reasons, or others, the drilling or operation of such well in the particular location might be injurious or a disadvantage to the city or to its inhabitants, especially adjacent property owners; or the City Council may grant a permit upon such terms and conditions as the City Council determines to be necessary to protect the public health, safety, and welfare.
(Ord. No. 2272, § 1, 1-26-93; Ord. No. 3242, § 9, 8-28-03)