(a) General Standards: The Commission shall review the particular facts and circumstances of each proposed use in accordance with the following general standards, and as conditions of any grant shall find:
(1) The proposed use will be consistent with the general objectives of the current Comprehensive Plan of the Village.
(2) The proposed use will be designed, constructed, operated, and maintained so as to be appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.
(3) The proposed use will not be hazardous or disturbing to existing neighboring uses.
(4) The proposed use will not be detrimental to property in the immediate vicinity or to the community as a whole.
(5) The proposed use will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures and refuse disposal, or the applicant shall be able to provide adequately for any such services.
(6) The proposed use will have vehicular approaches to the property, which shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(b) Specific Standards.
(1) No well, storage tank or separator shall be located within 500 feet of any property line, residence, school, church, hospital, theater, assembly hall, public right-of-way, drilling unit boundary, or any inhabited buildings, except as otherwise provided in Section 1165.11.
(2) No gas well shall be located within 100 feet of an electrical power line or transmission line of any public or private utility line.
(3) All future residential buildings to be constructed in the vicinity of a well or production or processing equipment shall be located at least 500 feet from any existing wells or associated equipment (excluding transmission lines). Proposed residential subdivisions and multifamily developments shall be located so that all future residential dwelling shall be at least 500 feet from any existing wells or production and processing equipment (excluding transmission lines).
(c) Policies of Insurance and Bonds. The Commission shall require the applicant to provide proof of:
(1) Public liability insurance coverage in amount of not less than $10,000,000 per occurrence; $10,000,000 annual aggregate combined bodily injury and property damage liability, and insurance in the amount of $100,000 per occurrence in the event potable well water pollution occurs. The policy shall include blow out or cratering coverage, underground resources, and equipment coverage.
(2) A $25,000 indemnity bond to serve as a financial guarantee of compliance with all landscaping, maintenance, restoration, abandonment and other requirements of State law and this chapter. Such policies and/or bonds shall be conditioned upon compliance by the applicant, and by any assignee, employee, contractor, subcontractor or other party performing services in connection with the permit.
(3) The Commission shall, for protection against road damage, require sufficient security, by bond or otherwise, for a term of one year after the well becomes operational. Any cash security will be returned, together with interest at the current rate, if no road damage has been caused.
(4) Policies and bonds shall be approved by the Director of Finance and shall be kept in force for such period of time as drilling is in progress, the well is in operation and is producing oil and/or gas. The liability insurance policy and the maintenance and restoration bond shall be maintained for a period or one year after the Zoning Inspector has inspected and has approved satisfactory final abandonment and restoration.
(5) Each year on, or before, the anniversary date of the insurance policy or bond, the operator/producer shall provide to the Director of Finance a certificate of continued existence of the policy or bond. Failure to do so will result in the Zoning Inspector ordering the well site closed.
(6) All subcontractors shall be named as additional insured's on the liability policy, or they shall provide their own insurance coverage, and proof of such coverage shall be filed with the Director of Finance.
(7) The policies shall name the Village as an additional insured, and all policies and bonds shall contain a clause, which requires the carrier to give sixty days written notice of cancellation to the Zoning Inspector.
(8) The foregoing limits shall not be interpreted as a limitation on the right of the Village to pursue appropriate remedies in any court of competent jurisdiction.
(Ord. 25-2011. Passed 9-20-11.)