These regulations are enacted to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the present and future residents of the Town. By enacting these regulations, the Town' intends to facilitate the development of oil and gas resources within the Town while mitigating potential land use conflicts between such development and existing and Planned land uses. It is recognized that, under state law, the surface and mineral estates are separate and distinct interests in land and that one (1) may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The state has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources and the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction. These regulations are intended as an exercise of this land use authority.

(Ord. 2021-08 §2)

(a)

All terms used in this article that are defined in the Act or in commission regulations and not otherwise defined in this section are defined as provided in the Act or in such regulations as of the effective date of this article. All other words used in this article are given their usual, customary and accepted meaning, and all words that are of a technical nature or peculiar to the oil and gas industry shall be given the meaning that is generally accepted in the oil and gas industry. When not otherwise clearly indicated by the context of the matter, the following words and phrases used in this article have the following meanings:

Act means the Oil and Gas Conservation Act of the state.

Commission or OGCC means the Oil and Gas Conservation Commission of the state.

Day means a period of twenty-four (24) consecutive hours.

Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage or disposal, pursuant to authorizations granted by the Commission.

Inspector means any person designated by the Town or the Town's designee, who shall have the authority to inspect well sites to determine compliance with this article and other applicable ordinances of the Town.

Management Plan refers to the required conditional use site Plan submittal item addressing specific aspects of the oil and gas operation.

Oil and gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas or other hydrocarbon substances.

Operating Plan means a general description of a well site or production site identifying purpose, use, typical Staffing, seasonal or periodic considerations, routine hours of operating, source of services/infrastructure and any other information related to regular functioning of that facility.

Operator means the person designated by the working interest owners as operator and named in Commission Form 2 or a subsequently filed Commission Form 10.

Owner means a person possessing a mineral interest or a leasehold interest in minerals.

Production site means the area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines.

Reclamation and Landscape Plan refers to the required submittal items illustrating long-term Plans for site treatments and function. See Section 16.11.40 3 (c) for a full definition

Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

Sidetracking means entering the same well head from the surface but not necessarily following the same well bore throughout its subsurface extent when operational deviation from such well bore is necessary to reach the objective depth because of an engineering problem.

Twinning means the drilling of a well within a radius of fifty (50) feet from an existing well bore when the well cannot be drilled to the objective depth or produced because of an engineering problem, such as a collapsed casing or formation damage.

Use tax means the tax paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the Town.

Well means an oil and gas well or an injection well.

Well site means that area surrounding a proposed or existing well and accessory structures and equipment necessary for drilling, completion, recompletion, work-over, development and production activities.

Wellhead means the equipment attaching the surface equipment to the well bore equipment at the well.

(b)

All terms used herein that are defined in the Act or in commission rules and regulations and are not otherwise defined in Subsection (a) above shall be defined as provided in the Act or in such rules and regulations.

(Ord. 2021-08 §2)

(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 perform initial installation of accessory equipment or pumping systems (in cases where a well is not being drilled), 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 sidetracking, twinning, deepening, recompleting or reworking 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. After initial completion of a well, to place additional equipment on a tank battery or wellhead location that was not shown in the approved Plan, the applicant must notify the Town of installation of such additional equipment, except in a situation where additional equipment is necessary for a period of fourteen (14) days or less.

(5)

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

(b)

Right of entry. For the purpose of implementing and enforcing this article, duly authorized Town personnel or contractors may enter onto the subject property upon notification of the operator, permittee, lessee or other party holding a legal interest in the property. If entry is denied, the Town shall have the authority to discontinue application processing, revoke approved permits and applications or obtain an order from a court to obtain entry.

(c)

Inspection. The operator or applicant shall provide the telephone number of a contact person who may be reached twenty-four (24) hours a day, seven (7) days a week for purposes of being notified of any proposed Town inspection under this section or in case of emergency. Any permitted oil and gas operations and facilities may be inspected by the Town at any time to ensure compliance with the requirements of the approved permit, provided that at least one (1) hour's prior notice is given to the contact person at the telephone number supplied by the operator or applicant. Calling the number (or leaving a message on an available answering machine or voice mail service at the number) at least one (1) hour in advance of the proposed inspection shall constitute sufficient prior notice if the contact person does not answer. By accepting the Town's approved conditional use permit, the operator or applicant consents to such inspections. The cost of any Town inspection deemed reasonable and necessary to implement or enforce this article shall be borne by the operator or applicant.

(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 in the amount set in the current Town fee schedule shall accompany the application.

(Ord. 2021-08 §2)

An application for a conditional use permit pursuant to this article shall be filed with the Town Clerk and shall include the following information:

(1)

Application requirements, site Plan. The site Plans for a well site submitted with an application for a use by conditional review shall be submitted on one (1) or more plats or maps, at a scale not less than 1" = 50', showing the following information:

a.

The proposed location of production site facilities or well site facilities associated with the well in the event production is established, if applicable. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering lines within six hundred sixty (660) feet of the well site shall be shown.

b.

The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures including appropriate sound walls to be installed throughout drilling process. Sound wall determination will be based on a sound study provided by the applicant and reviewed by Staff.

c.

True north arrow.

d.

Existing improvements, if any, within a radius of six hundred sixty (660) feet of the proposed well.

e.

Existing utility easements and other rights-of-way of record, if any, within a radius of six hundred sixty (660) feet of the proposed well.

f.

Existing irrigation or drainage ditches within six hundred sixty (660) feet of the well site or production site, if any.

g.

Existing FEMA one hundred (100)-year floodplains or floodway within six hundred sixty (660) feet of the well site or production site, if any.

g.

The applicant's drainage and erosion control Plans for the well site or production site and the area immediately adjacent to such site, if applicable.

h.

Location of access roads.

i.

Well site or production site and existing lease boundaries.

j.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within six hundred sixty (660) feet of the well site or production site.

k.

The name and address of the operator and the name of the person preparing the site Plan or map.

(2)

Application requirements, vicinity maps. The vicinity maps for a well site or production site submitted with an application for a use permitted by conditional review shall be submitted on one (1) or more plats or maps showing the following information:

a.

Location of all existing water bodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5 minute series or assessor base maps that indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a four hundred (400)-foot radius of the proposed well.

b.

Location of existing oil and gas wells as reflected in OGCC records. This information shall be submitted on a map and shall include all wells within a onethousand (1,000)-foot radius of the proposed location for the well.

c.

Location of drill site. The information to be submitted shall be OGCC Form 2 and shall include the parcel tax identification number.

(3)

Application requirement, narrative. In addition to the site Plans and the vicinity maps required in Paragraphs (1) and (2) above, the application shall include the following elements called out with clearly delineated headers or sections:

a.

The operator's and surface owner's names and addresses, copies of any required OGCC Form 2 and designation of agent, if applicable.

b.

An operating Plan.

c.

Landscape and Reclamation Plan. All applications for a conditional use permit to construct, drill and operate any oil and gas operations within the jurisdiction of the Town shall include a reclamation and landscape Plan ("Plan") for the area used for production after drilling, fracking, finishing and the installation of tanks, separators, pipelines, compressors, pump-jacks or other equipment used for production on the site ("Pad Site"). Such Plan shall show fencing, berming, screening, landscaping, and access roadways, along with other improvements necessary to screen and buffer the Pad Site from surrounding properties.

Any Pad Site, or a portion of a Pad Site that is located within two hundred feet (200') of a public roadway shall require berming, irrigated landscaping with trees (one and one-half inch (1.5") caliper, deciduous; six foot (6') tall conifer, minimum), clustered and/or spaced thirty feet (30') OC, fencing and/or other improvements that adequately screen the view from the roadway, mitigate sound and add aesthetic elements consistent with surrounding properties or approved development concept Plans within the Town. These improvements shall run the entire length of any roadway facing side and shall extend a minimum of fifty feet (50') outside the boundary of the Pad Site.

Pad Sites located farther than two hundred feet (200') from any roadway or sides of Pad Sites that are within two hundred feet (200') but do not face a roadway shall be fenced with solid metal or wood fencing that is a minimum of six feet (6') high on all perimeter boundary lines of the Pad Site. The area outside the Pad Site shall be Planted with drought-tolerant grasses. Weed free hay or straw mulch shall be crimped into the soil.

All fencing and/or landscaping shall be included in an overall reclamation and landscape Plan submitted with any conditional use permit application. The Plan must show both short- and long-term production components and their relationship to the surrounding landscape and must accurately represent the information requested in the management Plan. Landscaping, fencing, irrigation and seeding shall be warranted for a minimum of one (1) year, and as a part of the management Plan, the applicant will include a long-term Plan for maintenance of these components.

d.

A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies other than the OGCC.

e.

An emergency response Plan that is mutually acceptable to the operator and the appropriate fire district that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well and provisions for access by emergency response entities.

f.

A Plan for weed control at the well site.

g.

A fire protection Plan that is mutually acceptable to the operator and the appropriate fire district that includes Planned actions for possible emergency events and any other pertinent information. Prior to application to the Town, a proposed fire protection Plan and emergency response Plan shall be submitted to and reviewed by the fire district.

h.

Sanitary facilities must comply with Section 602(f) of the OGCC regulations.

i.

Completed management Plan that thoroughly addresses all elements listed as follows and on the land use application. These items should be called out with headers in the document and shall include timelines of installation, removal or impact, if applicable:

1.

Enumerate the components of the well site.

2.

Define the layout of the oil and gas components in this development.

3.

Define clearly how the proposed oil and gas development interfaces with the following:

i.

The Comprehensive Plan (all sections).

ii.

Land use.

iii.

The zoning district.

iv.

Connectivity.

v.

Density.

vi.

Open space.

4.

Define the proposed access for this oil and gas development as follows:

i.

Define the treatments that will be applied to the roadways on the perimeter and internal to the site.

ii.

Define how the oil and gas site functions with the proposed access(s).

iii.

Define what improvements will be made to the streetscape (if applicable).

iv.

Define how entries to the oil and gas development are enhanced.

5.

Define the setbacks proposed for these facilities both during initial operation and long term.

6.

Define the fencing Plan for the oil and gas development, both during drilling and long term.

7.

Define how the oil and gas improvements will be managed.

8.

Define the Planned truck routes and how the oil and gas traffic will affect Severance transportation.

9.

Define how the landscape design will be achieved.

10.

Define the irrigation system and explain sources of water.

11.

Explain how stormwater will be managed.

12.

Explain how the landscape will be maintained.

13.

Explain how parking will be addressed.

14.

Explain how exterior lighting will be addressed.

15.

Enumerate the potential impact on adjacent neighborhoods.

16.

If noise or smells are associated with the development, define the Plans for mitigation.

(Ord. 2021-08 §2)

(a)

The Town Council shall approve an application for a use permitted by conditional review for a well site if the application conforms to the following requirements:

(1)

The site Plans for a well site application comply with the requirements of Paragraph 16.11.40(1) above.

(2)

The vicinity maps for a well site application comply with the requirements of Paragraph 16.11.40(2) above.

(3)

The narrative for a well site application complies with the requirements of Paragraph 16.11.40(3) above.

(4)

When applicable, complies with the provisions for geologic hazards, floodplains or floodway required in Section 16.11.100 of this article

(5)

When applicable, complies with the provisions for wildlife mitigation procedures required in Section 16.11.130 of this article

(b)

Town Council public hearing and action. The Town Council shall review and act on the recommendation of the Planning Commission regarding the conditional use site Plan as a regular agenda item. The Town Council may choose to approve, approve with conditions or take no action on the conditional use site Plan. The standard appeal process will apply to any applicant dispute with the final action. This process is described in Section 16.3.60.

(Ord. 2021-08 §2)

Prior to commencement of operations for which a use permitted by conditional review has been approved, a "Notice to Proceed" shall be obtained from the Town Clerk. The Town Clerk shall issue the "Notice to Proceed" upon receipt of the following:

(1)

A copy of the resolution approving a use permitted by conditional review for a well or wells

(2)

A copy of the approved site Plan

(3)

A copy of an approved extra-legal vehicle or load permit issued by the Town Clerk pursuant to this Code, if applicable

(4)

Copies of any necessary state or federal permits issued for the operation, if not previously submitted

(Ord. 2021-08 §2)

Building permits must be obtained for all aboveground structures to which the International Building Code applies.

(Ord. 2021-08 §2)

(a)

When wells are existing, buildings shall not be constructed within the following distances:

(1)

Buildings not necessary to the operation of the well shall not be constructed within three hundred and fifty (350) feet of any such well and/or facility.

(2)

Buildings to be used as places of assembly, institutions or schools shall not be constructed within five hundred (500) feet of any well and/or facility.

(b)

When wells are existing, lots and roads shall not be platted within the following distances:

(1)

Lots shall not be platted within three hundred and fifty (350) feet of an existing oil or gas well or its production facilities.

(2)

Lots intended to be used as places of assembly, institutions or schools shall not be platted to allow a building site within five hundred (500) feet of an existing oil or gas well or its production facilities.

(3)

Streets shall not be platted within one hundred and fifty (150) feet of an existing oil or gas well or its production facilities, provided that streets may cross collection flowlines at right angles.

(4)

Lots shall not be platted within fifty (50) feet of well and production sites that have been plugged, abandoned and reclaimed. Such platting shall only occur after the completion of the plugging, abandonment and reclamation process. Plugged and abandoned wells shall be platted in their own separate non-buildable tract with adequate access.

(5)

Plugged and abandoned wells that are not visible shall be exposed, with the facility owner's permission, and their exact location shall be surveyed by a professional land surveyor. The plugged and abandoned well shall be backfilled and compacted. The location of the plugged and abandoned well shall be permanently marked with a visible post indicating the OGCC well American Petroleum Institute (API) number.

(6)

Oil and gas pipelines shall be located within a minimum thirty (30')-foot wide non-buildable tract and no closer than fifty (50) feet to an occupied structure. The oil and gas pipeline shall be centered in the tract and in no case less than ten (10) feet from the edge of the tract. Oil and gas pipelines shall not be placed within public right-of-way, other public lands and/or lots intended for future development. This requirement does not apply to natural gas pipelines that provide retail service.

(Ord. 2021-08 §2)

The approval of an oil and gas conditional use permit shall not relieve the operators from complying with all current applicable state and federal regulations and standards concerning air quality, water quality and waste disposal. Additionally, applicant must adhere to all Town of Severance fugitive dust requirements.

(Ord. 2021-08 §2)

All equipment at well sites and production sites in geological hazard and floodplain areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement or subsidence and to the extent necessary to comply with the Federal Emergency Management Act.

(Ord. 2021-08 §2)

All private roads used to maintain access to the tank batteries or the well site shall be improved and maintained according to the following standards:

(1)

Tank battery access roads. Access roads to tank batteries shall be subject to review by the Town Engineerin accordance with the following minimum standards:

a.

A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of eight (8) inches thick. Subgrade section shall be scarified a minimum depth of nine (9) inches, moisture conditioned to within +/- two percent (2%) of the material's optimum moisture content as determined by ASTM Specification D698 and compacted to at least ninety-five percent (95%) of the material's maximum dry density as determined by the standard Proctor test. The aggregate material, at a minimum, shall meet the requirements for Class 5 or 6, Aggregate Base Course as specified for aggregate base course materials in the Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction," latest edition. Additional requirements may be imposed dependent on the type and frequency of vehicles using the access roads.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (such as roadside swales, gulches, rivers, creeks and the like) by means of an adequate culvert pipe (adequacy of pipe subject to approval by the Town Engineer)

c.

Maintained so as to provide a passable roadway free of ruts at all times

(2)

Wellhead access roads. Access roads to wellheads shall be subject to review by the Town Engineerin accordance with the following minimum standards:

a.

A graded, dirt roadway shall be scarified a minimum depth of nine (9) inches, moisture conditioned to within +/- two percent (2%) of the material's optimum moisture content as determined by ASTM Specification D698 and compacted to at least ninety-five percent (95%) of the material's maximum dry density as determined by the standard Proctor test. Additional requirements may be imposed dependent on the type and frequency of vehicles using the access roads.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways by means of an adequate culvert pipe (adequacy of pipe subject to approval by the Town Engineer)

c.

Maintained so as to provide a passable roadway generally free of ruts

(3)

Public access roads. An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or loads that use Town streets, as defined in Sections 42-4-401 through 42-4-414, CRS. Said permit, if required, shall be obtained from the Town Clerk prior to such use. The applicant shall comply with all Town and state regulations regarding weight limitations on streets within the Town, and the applicant shall minimize extra-legal truck traffic on streets within the Town.

(Ord. 2021-08 §2)

(a)

Every permit issued by the Town shall require the applicant or operator to pay a fee that is sufficient to pay the estimated cost for all impacts that the proposed operation may cause to facilities owned or operated by the Town or used by the general public, including but not limited to:

(1)

Repair and maintenance of roads.

(2)

Bridges and other transportation infrastructure.

(3)

Improvements made or to be made by the Town to accommodate the operations and to protect public health, safety and welfare.

(4)

Costs incurred to process and analyze the application, including the reasonable expenses paid to independent experts or consultants.

(b)

The Town shall establish a mechanism to assess and obtain payment of such fees, subject to the right of the Town to request additional funds if the fees prove to be insufficient or to refund surplus funds to the operator if the fees paid exceed the true cost of the impacts.

(c)

The Town may further require that the applicant or operator or both post a bond in an amount to be set during the site Plan phase as security in the event that additional damages occur to facilities owned or operated by the Town or used by the general public.

(d)

As a condition of issuance of the permit and on an as-needed basis, the Town may require that additional site-specific measures are undertaken by the applicant or operator in order to protect and preserve facilities owned or operated by the Town or used by the general public.

(e)

Applicant or operator shall provide tracking pad at any point of access to public right-of-way.

(f)

Applicant or operator is responsible for any damage to the public roads adjacent to proposed access. Public works department will inspect access upon completion and monitor throughout its use.

(Ord. 2021-08 §2)

Based on Colorado House bill HB07-1298, applicant will be required to conform with any regulations of the Colorado Wildlife Commission regarding any wildlife impacts that are a direct result of the proposed well site.

(Ord. 2021-08 §2)

The operator shall reimburse the Town or the responsible fire district for any emergency response costs incurred by the Town or the responsible fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by a mistake of the Town.

(Ord. 2021-08 §2)

(a)

Unlawful to construct or install unapproved oil and gas facilities. Except as otherwise provided in this article, it is unlawful to construct, install or cause to be constructed or installed any oil and gas facility within the Town unless approval has been granted by the Town Council. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this article.

(b)

Penalty. Any person, firm, corporation or legal entity that constructs, installs or uses or causes to be constructed, installed or used any oil, gas or injection well, well site or production site or commits any act or omission in violation of any provision of this article or the conditions and requirements of the oil and gas conditional use permit may be punished by a fine of not more than one thousand dollars ($1,000.00). Each day of such unlawful operation constitutes a separate violation.

(1)

Suspension of permit. If the Town determines at any time that there is a violation of the conditions of the conditional use permit or that there are material changes in an oil and gas operation or facility as approved by the permit, the Town may, for good cause, temporarily suspend the conditional use permit. In such cases, upon oral or written notification by the Town, the operator shall cease operations immediately. The Town shall provide the operator with written notice of the violation or identification of the changed conditions. The operator shall have a maximum of fifteen (15) days to correct the violation. If the violation is not timely corrected, the permit may be further suspended pending a revocation hearing. The operator may request an immediate hearing regarding the suspension before the Town Council or committee, which shall hold the hearing within ten (10) days of the operator's written request.

(2)

Revocation of permit. The Town Council or committee may, following notice and hearing, revoke a Town-approved conditional use permit granted pursuant to this article if any of the activities conducted by the operator violate the conditions of the permit or this article or constitute material changes in the oil and gas operation approved by the Town. The Town shall provide to the operator written notice of the violation or the material changes and the time and date of the hearing. No less than thirty (30) days prior to the revocation hearing, the Town shall provide to the permit holder written notice setting forth the violation and the time and date of the revocation hearing. Public notice of the revocation hearing shall be published in a newspaper of general circulation not less than thirty (30) days prior to the hearing. Following the hearing, the Town may revoke the permit or specify a time by which action shall be taken to correct any violations of the permit to avoid revocation.

(3)

Transfer of permit. A conditional use permit may be transferred only with the written consent of the Town.

(4)

Judicial review. Any action seeking judicial review of a final administrative decision of the Town shall be initiated within thirty (30) days after the decision was made.

(c)

Civil action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used or any land is or is proposed to be used in violation of any provision of this article or the conditions and requirements of the oil and gas conditional use permit, the Town Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.

(d)

False or inaccurate information. The Town Council may revoke an oil and gas conditional use permit if it is determined, after an administrative hearing held on at least ten (10) days' notice to the applicant, that the applicant provided information and/or documentation upon which approval was based and which the applicant, its agents, servants or employees knew or reasonably should have known was materially false, misleading, deceptive or inaccurate.

(e)

Prospective application. Unless specifically provided otherwise, this article shall apply only to wells that are drilled in the Town on and after the date that this article is adopted. The reentering of a well in existence prior to the date of adoption of this article for purposes of deepening, recompleting or reworking shall not require approval of a use permitted by conditional review.

(f)

Recovery of fees. Should the Town prevail in any action for legal or equitable relief for a violation of the provisions of this article, the Town shall be entitled to recover any damages, costs of action, expert witness fees and reasonable attorneys' fees incurred in addition to any other penalties or remedies that may be available.

(Ord. 2021-08 §2)

(a)

Purpose.

(1)

These regulations are enacted to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the present and future residents of the Town. By enacting these regulations, the Town' intends to facilitate the development of solar facilities within the Town while mitigating potential land use conflicts between such development and existing, as well as Planned, land uses.

(b)

Definitions.

(1)

Solar energy facility: Any device or structural design feature with the primary purpose of providing for the collection, storage or distribution of solar energy for space heating, space cooling, electricity generation or water heating

(2)

Roof-mounted solar energy facility: A solar energy system that is structurally mounted to the roof of a building or structure not solely designed to support the solar energy system

(3)

Ground-mounted solar energy facility: A solar energy system that is structurally mounted to the ground and is not roof-mounted. Ground-mounted systems include parking lot or parking canopy solar.

(4)

Solar facility, small scale: A facility used for the production of electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred fifteen (115) kilovolts, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on less than twenty (20) acres.

(5)

Solar facility, medium scale: A facility used for the production of electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred fifteen (115) kilovolts, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on twenty (20) acres or more.

(6)

Solar facility, large scale: A facility used for the production of electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and has a rated capacity greater than thirty (30) megawatts.

(7)

Single family residential solar: Any device or structural design feature with the primary purpose of providing for the collection, storage or distribution of solar energy for space heating, space cooling, electricity generation or water heating for personal use must conform to all IRC building Codes and will be permitted through the Town of Severance Building Department.

(c)

Application Elements. The Staff, Planning Commission and Town Council shall consider the following criteria in making their determination for approving or denying a permit for a solar facility:

(1)

A site Plan. A site Plan review is required for all small, medium and large-scale solar facilities prior to building permit approval. In addition to the criteria listed in Section 16.5.10, site Plan documents shall include:

a.

Property lines and physical features, including roads, for the project site

b.

Proposed changes to the landscape of the site, grading, vegetation clearing and Planting, exterior lighting, screening vegetation or structures

c.

Location of layout, including without limitation blueprints or drawings of the solar energy system showing the proposed layout of the system, the distance between the proposed solar collection facilities and all property lines and the tallest finished height of the solar collection facilities.

d.

Name, address and contact information for proposed system installer

e.

Name, address, phone number and signature of the project proponent and all co-proponents or property owners, if any.

f.

Lot Coverage: The area covered by ground-mounted solar energy systems, where the ground beneath is permeable or pervious, shall not be included in calculations for lot coverage for purposes of zoning.

(2)

A decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the decommissioning Plan which financial assurance may be posted over the life of the project.

(3)

A landscape/irrigation Plan. Landscaping is extremely important for enhancing the quality of development in the area. Trees, shrubs and other Plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping Plan can be prescribed for all developments due to differing land features, solar access, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/screening shall include, at a minimum, decorative fencing, berming and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights-of-way. Native grasses and wildflower mixes are encouraged.

(4)

A property maintenance Plan may be required for the facility. The property maintenance Plan shall address dust, weeds and erosion. The property shall be maintained in such a manner as to control dust, weeds and drainage that could cause erosion.

(d)

Requirements.

(1)

Except during construction, no outdoor storage of any materials and equipment, including but not limited to solar panels and support structures not in operation will be allowed.

(2)

All solar panels and equipment (excluding fencing, poles, buried cables and wires necessary to connect to facilities of the electric utility) shall meet the minimum setbacks. Additional setbacks may be required to mitigate noise and visual impacts or to provide for designated road or utility corridors, as identified through the review process.

(3)

Maximum height: The height shall be measured from the highest grade below each solar panel. Ground-mounted solar energy systems shall not exceed twenty (20) feet in height

(4)

Signage: Clearly visible warning signs shall be placed on the fence, barrier, or facility perimeter to inform individuals of potential voltage hazards.

(5)

Stormwater/erosion mitigation Plans. For ground-mounted systems, regardless of size, applicant must provide Plan(s) showing what measures or best management practices will be used to prevent and/or contain erosion under the drip line of the solar panels.

(e)

Decommissioning. Any solar energy system that is no longer producing energy or has been abandoned shall be removed, not including a temporary cease in production for maintenance. The owner or operator shall physically remove the installation within ninety (90) days after the date of discontinued operations or as otherwise provided in the decommissioning Plan. Decommissioning shall consist of:

(1)

Physical removal of all solar energy systems, structures, and equipment from the site.

(2)

Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.

(3)

For ground-mounted solar energy systems, stabilization or revegetation of the site as necessary to minimize erosion. The Town of Severance may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(f)

Setbacks. Additional setbacks may be required to mitigate noise and visual impacts or to provide for designated road or utility corridors, as identified through the review process. As provided in 16.11.160(d)(2), setbacks shall be measured from the edge of the solar panels and equipment. Where appropriate landscaped berms may be used to reduced setback requirements with Board approval.

(1)

Small Scale.

a.

Front: thirty (30) feet.

b.

Side: ten (10) feet.

c.

Side corner: thirty (30) feet.

d.

Rear: twenty (20) feet.

e.

Arterial or state highway: fifty (50) feet.

f.

Local or collector: fifty (50) feet.

(2)

Medium Scale.

a.

Front: fifty (50) feet.

b.

Side: ten (10) feet.

c.

Side corner: fifty (50) feet.

d.

Rear: twenty (20) feet.

e.

Arterial or state highway: one hundred (100) feet.

f.

Local or collector: fifty (50) feet.

(3)

Large Scale.

a.

Front: fifty (50) feet.

b.

Side: ten (10) feet or one (1) foot per two (2) feet height, whichever is greater.

c.

Side corner: fifty (50) feet.

d.

Rear: twenty (20) feet.

e.

Arterial or state highway: one hundred (100) feet.

f.

Local or collector: fifty (50) feet.

(Ord. 2021-08 §2)