Severance City Zoning Code

(a)

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.

(b)

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.

(c)

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.

(d)

Weld County agrees, through an intergovernmental agreement with the Town, to have its Oil and Gas Energy Department assist the Town, as needed, with implementing 1041 regulations, including but not limited to processing applications, conducting hearings and inspections, and other enforcement activities. The County will review drainage reports submitted with well applications, ensure compliance with floodplain regulations, issue grading permits for oil and gas sites, and review for general land use conflicts.

(e)

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. No. 2025-15, § 3(Exh. A), 8-12-25)

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 ECMC means the Colorado Energy and Carbon Management Commission.

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 use by special review 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 the appropriate forms on record with the state.

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 16.8.40 for a full definition.

Reentering means accessing an existing well bore for either the original or amended purpose, if 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.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(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 approved 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 use by special review approval has first been granted by the Town in accordance with the procedures defined in this Article and Article 2.

(2)

The granting of such use by special review 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 use by special review has been granted for a well, reentry of such well for purposes of sidetracking, twinning, deepening, recompleting or reworking shall not require a separate use by special review approval.

(4)

The use by special review 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 process.

(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, applicant, 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 approvals 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 approved oil and gas operations and facilities may be inspected by the Town at any time to ensure compliance with the requirements of the approval, 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 use by special review approval, 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 non-refundable fee in the amount set in the current Town fee schedule shall accompany the application.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

An application for a use by special review pursuant to Article 2 and the supplemental requirements of this Article shall be filed with the Town and shall include the following information:

(a)

Site plan. The site plans for a well site submitted with an application for a use by special review shall be submitted on one (1) or more plats or maps, at a scale not less than one-inch equals fifty (50) feet, showing the following information:

(1)

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 and sixty (660) feet of the well site shall be shown.

(2)

The site 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 the Town.

(3)

True north arrow.

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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.

(9)

Location of access roads.

(10)

Well site or production site and existing lease boundaries.

(11)

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.

(12)

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

(b)

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

(1)

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 400-foot radius of the proposed well.

(2)

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

(3)

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

(c)

Narrative. The application shall include the following elements called out with clearly delineated headers or sections.

(1)

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

(2)

An operating plan.

(3)

Landscape and reclamation plan. All applications for a use by special review 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.

a.

Any pad site, or a portion of a pad site that is located within two hundred (200) feet of a public roadway shall require berming, irrigated landscaping with trees (one and one- half inch caliper, deciduous; six-foot tall conifer, minimum), clustered and/or spaced thirty (30) feet on center, 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 to a minimum of fifty (50) feet outside the boundary of the pad site.

b.

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

c.

All fencing and/or landscaping shall be included in an overall reclamation and landscape plan submitted with any use by special review 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.

(4)

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

(5)

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.

(6)

A plan for weed control at the well site.

(7)

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.

(8)

Sanitary facilities must comply with ECMC regulations.

(9)

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.

a.

Enumerate the components of the well site.

b.

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

c.

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

1.

The Comprehensive Plan (all sections).

2.

Land use.

3.

The zoning district.

4.

Connectivity.

5.

Density.

6.

Open space.

d.

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

1.

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

2.

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

3.

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

4.

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

e.

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

f.

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

g.

Define how the oil and gas improvements will be managed.

h.

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

i.

Define how the landscape design will be achieved.

j.

Define the irrigation system and explain sources of water.

k.

Explain how stormwater will be managed.

l.

Explain how the landscape will be maintained.

m.

Explain how parking will be addressed.

n.

Explain how exterior lighting will be addressed.

o.

Enumerate the potential impact on adjacent neighborhoods.

p.

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

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

The Town Council shall approve an application for a use by special 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 this Article.

(2)

The vicinity maps for a well site application comply with the requirements of this Article.

(3)

The narrative for a well site application complies with the requirements of this Article.

(4)

When applicable, complies with the provisions for geologic hazards, floodplains or floodway required in Section 16.8.100 of this Article.

(5)

When applicable, it complies with the provisions for wildlife mitigation procedures required in Section 16.8.130 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 use by special review site plan as a regular agenda item. The Town Council may choose to approve, approve with conditions, or take no action on the use by special review site plan. The standard appeal process will apply to any applicant's dispute with the final action. This appeals process is described in Article 2, Chapter 16 of this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

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

(a)

A copy of the resolution approving a use by special review for a well or wells.

(b)

A copy of the approved site plan.

(c)

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

(d)

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

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

Building permits must be obtained for all above-ground structures to which the International Building Code applies.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

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

(1)

Buildings that are 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. 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 ECMC and American Petroleum Institute (API) well number.

(6)

Oil and gas pipelines shall be located within a minimum 30-foot-wide non-buildable tract or easement 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. No. 2025-15, § 3(Exh. A), 8-12-25)

The approval of an oil and gas use by special review 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, applicants must adhere to the Town's dust mitigation requirements.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

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. No. 2025-15, § 3(Exh. A), 8-12-25)

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:

(a)

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

(1)

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 at a minimum depth of nine (9) inches, moisture conditioned to within plus or minus 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 five or six, 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.

(2)

Graded 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).

(3)

Maintained to always provide a passable roadway free of ruts.

(b)

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

(1)

A graded, dirt roadway shall be scarified a minimum depth of nine (9) inches, moisture conditioned to within plus or minus 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.

(2)

Graded 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).

(3)

Maintained to always provide a passable roadway free of ruts.

(c)

Public access roads. An extra-legal vehicle or load permit shall be required for all extra-large legal vehicles or loads that use Town streets, as defined in Sections 42-4-401 through 42-4-414, C.R.S. Said permit, if required, shall be obtained from the Town 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-large legal truck traffic on streets within the Town.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(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 the following:

(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 require that the applicant or operator or both post a bond in an amount to be set during the site plan phase as security if additional damages occur to facilities owned or operated by the Town or used by the 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 be undertaken by the applicant or operator to protect and preserve facilities owned or operated by the Town or used by the public.

(e)

The applicant or operator shall provide tracking pads at any access points to public right(s)-of-way.

(f)

The applicant or operator is responsible for any damage to the public roads adjacent to the proposed access points. The Town will inspect access upon completion and monitor it throughout its use.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

The 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. No. 2025-15, § 3(Exh. A), 8-12-25)

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. No. 2025-15, § 3(Exh. A), 8-12-25)

(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 use by special review approval may be punished by a fine established by the Town. Each day of such unlawful operation constitutes a separate violation.

(1)

Suspension of approval. If the Town determines at any time that there is a violation of the conditions of the use by special review approval or that there are material changes in an oil and gas operation or facility as approved, the Town may, for good cause, temporarily suspend the use by special review approval. 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 corrected in a timely fashion, the approval 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 approval. The Town Council or committee may, following notice and hearing, revoke a Town-approved use by special review granted pursuant to this Article if any of the activities conducted by the operator violate the conditions of the approval or this Article or constitute material changes in the oil and gas operation approved by the Town. The Town shall provide the operator with 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 applicant and operator 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 approval or specify a time by which action shall be taken to correct any violations of the approval to avoid revocation.

(3)

Transfer of approval. A use by special review approval 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 twenty-eight (28) 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 use by special review approval, 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 use by special review approval 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 by special 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. No. 2025-15, § 3(Exh. A), 8-12-25)