§ 64-8. Issuance of gas well permits.

(a)

It is the responsibility of the gas inspector to review and make recommendation on all applications for gas well drilling permits based on the criteria established by this article. The gas inspector, within thirty (30) days after the filing of a completed application and remittance of all fees, insurance, and security per the requirements of this article for a gas well permit, shall determine whether or not the application complies in all respects with the provisions of this article and determine if the proposed well to be drilled or the facility to be installed is in compliance with the distance requirements for the requested gas well permit on the date the completed application is received by the gas inspector.

(b)

The provisions of this chapter shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for a gas well permit is filed with the gas inspector.

(c)

If all the requirements of this article are met and the city council approves, the gas inspector shall issue a gas well permit for the drilling of the well or the installation of the facilities applied for.

(d)

If the gas inspector determines that all of the provisions of this article have been complied with by the operator but that the proposed drill site does not comply with the distance requirements of this article under the requested urban gas well permit, the gas inspector shall notify the operator. The operator may revise the permit to comply with an urban gas well permit or the gas inspector shall notify the city manager and the city manager shall place the request for a gas well permit under this article on the city council agenda for public hearing within the next forty-five (45) days.

(e)

All notice provisions contained herein shall be deemed sufficient upon substantial compliance with this section.

(f)

Following the public hearing, the city council may grant such gas well permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. The city council may require changes in the operations, plan, design, layout, fencing, screening, lighting, or other matters reasonably required in the interest of the public.

(g)

In making its decision, the city council shall have the power and authority to refuse any gas well permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such wells at such particular location would be injurious to the health, safety, or welfare of the inhabitants in the immediate area of the city.

(h)

If the operator elects not to accept the gas well permit under the terms and conditions imposed by the city council and wishes to withdraw his application, the operator must notify the gas inspector in writing of his decision.

(Ord. No. 8580, § 1, 12-1-05; Ord. No. 8591, § 1, 1-12-06)