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a. Proposed new wells, redrilling certain wells and other specific enhancements.

1. It shall be unlawful for any person to drill a well that has not been previously permitted under this Article, reactivate a plugged or abandoned well, or make a substantial modification to an existing well site or production site, unless a conditional use permit has first been granted by the Town in accordance with the procedures defined in this Article.

2. The granting of such conditional use permit shall not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, the State and the United States.

3. When a conditional use permit has been granted for a well, reentry of such well for purposes of maintenance or repair to return it to production shall not require a separate conditional use permit.

4. The conditional use permit is limited to the current proposed facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location which was not shown in the approved plan, the applicant must, except in a situation where additional equipment is necessary for a period of fourteen (14) days or less, apply for and be granted a minor modification prior to the installation of such additional equipment. In the event the Planning Manager determines that the additional equipment is a substantial modification, the operator must apply for a new conditional use permit.

5. Within thirty (30) days after completion of operations, the applicant shall provide to the Town “as-built” drawings showing all facilities, pipelines, flow lines and gathering lines which the applicant has placed on the land subject to this permit.

b. Inspections. In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be inspected by the inspectors of the Town at reasonable times to determine compliance with applicable provisions of this Article, the Frederick Uniform Fire Code, the Frederick Uniform Building Code and all other applicable Town health or safety standards. For the purpose of implementing and enforcing the provisions of this Article, Town personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present.

c. Inspection fee.

1. The inspection fee shall be set by resolution of the Town Board. No inspection fee shall be due for any year following the year in which a well is plugged and abandoned, unless a conditional use permit is granted with respect to such well. No inspection fee shall be due for any calendar year in which the fee for an application for conditional use permit, as provided in Subsection (e) of this Section, is paid. Any inspection fee which becomes due and payable after January 1 of each year shall be paid by the operator within thirty (30) days after receipt of an invoice from the Town. An operator contesting the amount of the invoice may, upon payment of the invoice under protest, appeal directly to the Board of Trustees.

2. If the operator fails to pay the inspection fee imposed by this Section when due, a penalty of ten percent (10%) shall be added to the amount of the fee due, together with interest on the amount due at the rate of one percent (1%) for each month or portion thereof for which the fee is unpaid. The Town Clerk. may, in his or her sole discretion, waive the penalty for good cause shown.

3. The Town may recover in an action at law the amount of the inspection or other fees and costs imposed by the provisions of this Section and penalty and interest due and unpaid under this Section, as well as all costs, including attorney fees, incurred by the Town if it prevails in the enforcement of this Article.

d. Use tax. All operators must conform to applicable provisions of this Code and the Municipal Code relating to taxation.

e. Application fee. A nonrefundable fee set by resolution of the Town Board shall accompany the application.

f. Specialized consultants. In the Planning Manager’s discretion, the Town may retain the services of third-party consultants with specialized knowledge that the Town requires to adequately evaluate an application, the costs of which must be paid by the applicant with such payment agreed to in writing at the time of application submittal. Selection of third-party consultants to review portions of the proposal will be at the sole discretion of the Town. (Ord. 1389 § 3, 2023)