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1. The Board of Trustees shall approve an application for a use permitted by conditional review for a well site if the application submitted by the applicant conforms to the following requirements:

a. The site plans for a well site application comply with the requirements of Section 9.4(1).

b. The vicinity maps for a well site application comply with the requirements of Section 9.4(2).

c. The narrative for a well site application complies with the requirements of Section 9.4(3).

d. When applicable, compliance with the provisions for geologic hazards, floodplains or floodway required in Section 9.10.

e. When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 9.12.

f. There are no outstanding violations of ECMC rules or Town of Frederick code provisions at any well site or production site owned or operated by the applicant within the Town limits.

g. The proposal will, to the extent necessary and reasonable, avoid adverse impacts on public health, safety, welfare, and the environment, including wildlife resources, or will adequately minimize and mitigate potential adverse impacts.

2. The Board of Trustees’ decision shall be based upon evidence presented in the application and at a public hearing. Following the conclusion of the public hearing, the Board of Trustees may proceed to render its provisional decision orally on the application, or it may take the matter under advisement until an announced date certain not to exceed fourteen (14) days, at which time it shall orally render its decision. In the event that an application is granted with conditions, the applicant may, within fourteen (14) days of the Board’s decision, request a rehearing to demonstrate that removal or modification of one (1) or more of the conditions is necessary to prevent the decision from being inconsistent with state laws and regulations. Following the Board of Trustees’ oral announcement of its decision and any subsequent rehearing, a written resolution shall be adopted as its final action or decision on the application. This written resolution shall set forth the findings of the Board of Trustees. The Town Attorney shall prepare the written resolution for the Board of Trustees’ consideration within fourteen (14) days of the oral decision or any subsequent rehearing. Such written resolution shall be adopted within twenty-one (21) days of the announcement of the Board of Trustees’ oral decision, unless the applicant requests rehearing, in which case the written resolution shall be adopted within thirty (30) days of the oral decision. For the purposes of judicial review, the Board of Trustees’ final action or decision on an application shall be deemed to have been made as of the date upon which the Board of Trustees executes the written resolution, which shall constitute the final decision of the Board of Trustees. (Ord. 735 §1, 2004; Ord. 1389 § 5, 2023)