872.04 INVESTIGATION OF PREMISES.

   The Building Commissioner shall refer each permit to the Planning Commission, which shall cause an investigation to be made of the premises on which the applicant seeking a permit proposes to drill or operate a well for oil or gas.

(Ord. 2007-69. Passed 11-19-2007.)

872.05 REJECTION OF APPLICATION; RETURN OF DEPOSIT; APPEAL.

   Any other provision of this chapter to the contrary notwithstanding, the Planning Commission shall have the right to recommend rejection of any application for a permit where, by reason of the location of the proposed well, the character and value of the permanent improvements already erected and the use to which the land and surroundings are adapted for civic purposes or for sanitary reasons, the drilling of an oil or gas well will constitute a serious disadvantage to the City and its inhabitants. When a permit is refused, the fee deposited with the application shall be returned to the applicant. Appeal from the decision of the Planning Commission to deny a permit to the applicant shall lie to the Board of Zoning Appeals and shall be made in the manner prescribed in these Codified Ordinances.

(Ord. 2007-69. Passed 11-19-2007.)

872.06 ISSUANCE OF PERMIT; BOND REQUIRED; CONDITIONS.

   The Building Commissioner shall issue the permit applied for upon receipt of the application, duly approved by the Planning Commission, and upon the furnishing of a bond by the applicant in the amount of one hundred thousand dollars ($100,000), in form and with surety approved by the Director of Law. Such bond shall be conditioned upon the faithful observance of all provisions of law or ordinance relating to drilling of an oil or gas well, and further conditioned upon the permittee and his or its assigns restoring to their former conditions the streets, sidewalks and other public places of the City which may be disturbed in the operation; clearing the area of all litter, machinery, derricks, buildings, oil and other substances used or permitted in the drilling or producing operation whenever the well is abandoned or the operation discontinued; paying to the owners of any buildings, improvements, goods or chattels located in the area any extra cost of insurance on such property imposed by reason of the granting of the permit in the operation carried thereunder, as well as any and all damages suffered by any person or corporation as to property in the City from fire, over and above the insurance collected thereon, or from oil, gas or water caused by or originating from the operation connected with such well; and holding the City free and harmless from any and all liability incurred by the granting of such permit.

(Ord. 2007-69. Passed 11-19-2007.)