All applicants for a gas or oil well drilling conditional zoning certificate shall comply with the following procedures and requirements:
(a) Public Hearing and Notice. After receipt of an application for a conditional zoning certificate under this section, the Planning Commission shall schedule and hold a public hearing. The Planning Commission shall fix the time for the hearing and shall give notice thereof in a newspaper of general circulation in the Municipality at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The applicant shall cause a list of all parties of interest to be filed with the Planning Commission. Parties of interest shall include all property owners whose properties abut the drill unit and residents within the Village or neighboring municipalities, including the chief executive officer of elected officials of neighboring municipalities, within 1200 feet of the well head. The Planning Commission shall mail at least ten (10) days before the day of the hearing, written notice of such hearing by certified mail to all parties of interest. The public meeting must occur not less than three weeks prior to the commencement of drilling. In addition to all notices required by this section, the permit holder or well driller shall cause a final notice to be sent by certified mail, one week prior to the actual drilling, notifying the forementioned residents, property owners and elected officials of the day drilling operations will commence. Compliance with the hearing provisions of this subchapter shall be mandatory conditions precedent to the commencement of drilling under the permit.
(b) Certificate Issuance; Liability Insurance. Upon approval by the Planning Commission, and after compliance with the prerequisites to issuance contained herein, the Zoning Inspector shall issue a gas or oil well drilling conditional zoning certificate which shall include all conditions and terms specified by the Planning Commission.
(1) Prior to issuance of the well drilling conditional zoning certificate, 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 $1,000,000 which insurance policy or policies must be maintained for such period of time as drilling is in progress, the well is in operation or is producing oil or gas, or until such well is pulled and plugged as hereinafter provided. The insurance policies and the coverages thereunder must be completely satisfactory to the Village and such policies may be rejected by the Village for any valid reason. Such rejection of the insurance policies by the Village shall serve to stay the issuance of a permit theretofore approved by it until such time as an insurance policy providing coverage entirely satisfactory to the Village has been provided by the applicant.
(2) All applicants shall be required to prove that insurance policies required by this section provide coverage for all the items set forth in this section, including conditions where there is a blowout in the drilling of an oil or gas well and other conditions creating a need for liability coverage.
(3) The permit holder 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 corporation 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 Zoning Inspector or Village Engineer shall have the authority, at any time to enter upon property where a well is in the process of being drilled, or upon a producing well site, for the purpose of inspecting the site, equipment and-all other things necessary to assure compliance with the objectives and requirements of this subchapter. Failure to comply with any provisions of this subchapter shall be grounds to refuse to issue a permit to drill or shall be grounds to revoke a permit already issued by the Village. Upon a recommendation from the Zoning Inspector or Village Engineer that grounds for revocation exist, the Planning Commission may find and determine that good cause exists to revoke the permit and it may revoke said permit. Revocation of a permit shall remove all rights of the permit holder to drill for oil or gas, to fracture the well, or to continue production until such time as the permit holder takes steps to come into compliance with this section. Operation after revocation of the permit shall constitute a violation of this section and shall be a misdemeanor punishable under the appropriate provisions of the Village ordinances.
(A.O.; Ord. 13-150. Passed 1-9-14.)