(A) Required. Before a permit for the drilling of an oil or gas well shall become effective, a public hearing shall be held in relation thereto before the Planning Commission, at which parties of interest and citizens shall have an opportunity to be heard.
(B) Notice. The Clerk of the Planning Commission shall cause notice of the public hearing to be mailed to any property owners on the certified list provided pursuant to § 113.045(D) at least ten days before hearing before the Planning Commission. Notice of the public hearing before the Planning Commission shall be published in a paper of general circulation at least 15 days prior to the hearing. The notice shall contain the following information:
(1) The date, time and place of the hearing; and
(2) Legal description and approximate address of the drill site.
(C) Authority of Planning Commission. The Planning Commission shall have the following jurisdiction and authority:
(1) Receive applications and make recommendations to the City Council as to the manner in which a particular application will affect the land usage of the city, taking into consideration the health, general welfare and safety of the inhabitants of the city; and
(2) Review and make recommendations to the City Council on approved permits when changes or deviations from the approved permit are requested.
(D) Permits to be approved by Council. No permit for the drilling of an oil or gas well shall be issued without approval by the City Council, after a hearing by the Planning Commission.
(E) Burden of proof. The burden of proof on all matters brought by applicant to be considered in the hearing shall be upon the applicant/operator.
(F) Change in conditions. The City Council may require an increase in the distance the well is set back from any protected use, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations in this chapter, including fencing, screening, lighting, delivery times, noise levels, or any other matters reasonably required by public interest, health and safety and in accordance with the state statutes.
(Ord. 814, passed 6-11-2018)