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(A) In addition to the bond required by § 113.032, each permittee, prior to the issuance of the permit and commencement of actual drilling operations, shall file with the City Secretary a certificate or certificates of insurance showing that the permittee has in full force and effect a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city as co-insured, and issued by an insurance company authorized to do business within the state. Such policy or policies, in the aggregate shall provide for the following minimum coverage:
(1) For bodily injury or death, $500,000 as to any one person and $1,000,000 as to any one accident; and
(2) For public liability for damage to property of others, $500,000.
(B) In addition, prior to the issuance of the permit, permittee shall file with the City Secretary a certificate or certificates of insurance showing that the permittee has in full force and effect a policy or policies of blowout or cost of well control insurance in an amount not less than $1,000,000 for each well.
(Ord. 2006-1019(2), passed 10-19-2006)
GENERAL PROVISIONS APPLYING TO ALL PERMIT APPLICATIONS
(A) Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on the applicant’s behalf, shall be filed with the City Secretary, and shall be accompanied with a filing fee paid in cash. A separate application shall be filed for each well.
(B) The filing fee shall consist of an application processing fee and an operations monitoring fee as set by City Council from time to time.
(C) If the applicant never begins substantive operations on the site, whether because the application is denied or withdrawn, the drilling is no longer feasible, and the permit is returned to the city, or other circumstances, the application processing fee will be retained by the city, and the operations monitoring fee will be returned to the applicant.
(Ord. 2006-1019(2), passed 10-19-2006; Ord. 2008-06, passed 9-18-2008) Penalty, see § 113.99
An application for a drilling permit shall include the following information:
(A) The exact location of the proposed well;
(B) A detailed site plan including all of the information required for a minimum site plan;
(C) Appropriate information dealing with projected dust, noise, temporary and permanent fencing, or other similar information dealing with the environmental and nuisance aspects of the application;
(D) A description of all proposed pits;
(E) The proposed total depth of the well;
(F) If the objective of the well is the penetration of a potential sour gas formation as defined by the Commission, the application must include specific details relating to the drilling formation the applicant seeks to penetrate, detailed safety methods to be used in the drilling and operation of the well to prevent release or escape of noxious fumes or dangerous gases, information to delineate anticipated impacted areas and the level of impact should an accident occur which would allow the escape of the sour gas, and an emergency response plan;
(G) If the applicant’s drilling site is located wholly or partially in a city park, the applicant must state the reasons why the park property is the only location available for the well, must delineate in detail efforts made to find alternative locations for the well, and why such efforts were unsuccessful, must include in the detailed site plan an overlay of park property to delineate those park facilities which would be specifically impacted by the drilling and production operations, and must describe in detail the impacts on the park property as a whole, including impacts on adjacent vegetation, the necessity for screening and the duration of any adverse impacts;
(H) If the applicant’s drilling site is located wholly or partially in a city park, the applicant must include a detailed site restoration plan delineating re-vegetation of the park property, screening, appropriate environmental controls, and other requirements as deemed appropriate by the oil and gas official; and
(I) Any other information required by the oil and gas official to assure compliance with the requirements of this subchapter.
(Ord. 2006-1019(2), passed 10-19-2006) Penalty, see § 113.99
(A) The applicant shall cooperate fully with the oil and gas official in providing all information necessary to complete the permit application. Upon submission of all material and information required by the oil and gas official, the application shall be declared complete. Subject to division (B) below , the oil and gas official shall grant or deny the application within 30 days after the application has been declared complete.
(B) If the application proposes a drilling site location located wholly or partially within a city park, the oil and gas official shall recommend to the City Council that the application be granted or denied. The City Council will conduct a public hearing to review 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 City Council deems appropriate. The City Council shall review the application within a 30 day period following receipt of the recommendation of the oil and gas official, and shall then make a recommendation to the council within 30 days after the application has been declared complete. The City Council shall vote to grant or deny the application within 30 days of the oil and gas official’s recommendation. If no action is taken by the City Council within 30 days of the recommendation, the recommendation will become effective by operation of law.
(C) Any application, which has progressed, to the point of consideration by City Council must be accompanied by an additional non-refundable fee.
(D) At least 20 days and no more than 30 days prior to the public hearing required in division (B) above, 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 oil and gas official prior to publication. The applicant shall obtain a certificate of publication from the newspaper following publication of the notice.
(E) The burden of proof of all matters considered in the public hearing shall be upon the applicant.
(Ord. 2006-1019(2), passed 10-19-2006; Ord. 2008-06, passed 9-18-2008)
(A) Except as otherwise provided herein, no permit shall be issued for any well to be drilled at any location which is within 1,000 feet of a school, church or public park, or within 500 feet of any habitable residence or commercial building, without the written permission of the owner or owners of said building. For the purposes of this subchapter, permission shall not be required from the owners of mobile homes unless the owner of said mobile home also owns the real property on which the mobile home is located. Waivers are not required from tenants in such residential or commercial buildings. After the permit is issued, any person building within 500 feet of the permitted well does so subject to the right of the permittee to operate the permitted well in accordance with the terms of his or her permit.
(B) In measuring said 1,000 feet or 500 feet distance, all measurements will be made from the proposed wellhead location to the closest load-bearing and supporting wall structure of each building. All measurements are to be made to those portions of said buildings which are intended to be habitable or occupied on a full-time basis; storage sheds, gazebos, covered patios and similar structures that are not enclosed are not to be considered in making such measurements. All measurements will be made to the actual wall surface and not to any overhanging roof eave or similar structure.
(C) If any property owner denies access for purposes of determining the distance measurement from the wellhead to the walls of the property owner’s structure, then distances will be determined using methodologies such as transit and angle measurements or other similar methodology.
(D) Any waiver form used to obtain written permission of the property owner of any building as required herein shall contain the name and address of the property owner. All waivers must be filed with the City Secretary and in the deed records of the county.
(E) If the applicant is successful in obtaining a waiver from the owner of every building for which permission is required under division (A) above, the applicant will be qualified to seek a permit as otherwise specified herein. Otherwise, the permit application must be denied.
(Ord. 2006-1019(2), passed 10-19-2006) Penalty, see § 113.99
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