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