§ 16-178. Application necessary for permit.

Prior to the commencement of drilling, a person may make application to the village for a drilling permit. The city council shall hold a hearing on such application and may, after hearing and upon appropriate findings, authorize the issuance of such a permit. Upon application and hearing, the applicant shall be required to show:

(1)

That there exists an urgent necessity for the drilling of such well;

(2)

That it is impracticable or impossible to obtain the necessary water and oil, gas or other minerals from other sources and the reasons that the same is impracticable or impossible;

(3)

That the applicant will establish and institute such safety standards as shall be desirable and necessary to prevent injury to the health, safety and well-being of the residents, citizens and inhabitants of the city, and the specific safety standards which the applicant proposes;

(4)

That the proposed well will not constitute a breach or violation of the terms and provisions of any subdivision restrictions or restrictive land covenants that may be in force and effect;

(5)

That the proposed well will not represent a potential hazard to residential subdivisions or properties in residential use, either adjoining or abutting the proposed drilling site, either through the emission of noxious odors, unusual sounds or the erection of large and unsightly derricks or drilling devices.

(Ord. No. 241, § 2, 11-1-1988)