This chapter is enacted to protect and promote the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future residents of the town. It is the intent of the town board of trustees by enacting these regulations to facilitate the development of oil and gas resources within the town while mitigating potential land use conflicts between such development and existing, as well as 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 may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that portion of the surface estate reasonably necessary to extract and develop their subsurface mineral rights. The state has a recognized interest in fostering the efficient development, production, and utilization of oil and gas resources, and particularly in the prevention of waste and protection of the correlative rights of mineral interest 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 be accommodated by the mineral lessee, including the right to require the lessee to use reasonably available alternatives, if the lessee's operation would impair or preclude uses by the surface estate owner. Municipal governments have a statutory and judicially recognized authority and responsibility to regulate land use within their jurisdiction. These regulations are intended to be an exercise of that the land use authority of the town in a manner that upholds the balance between municipal and state interests. Nothing in this chapter shall be construed as giving the town authority to enforce state or federal laws, rules, or regulations.

(Ord. 7-07 § 1 (part))

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

A.

"Act" means the Oil and Gas Conservation Act of the State of Colorado.

B.

"Applicant" means that person, corporation or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the site in question; generally, the applicant will be the owner or lessee of the mineral estate.

C.

"Building units" means a building or structure intended for human occupancy. Every guest room in a hotel/motel or bed and breakfast facility is equal to one building unit, and every five thousand square feet of building floor area in commercial facilities is equal to one building permit.

D.

"Commission" or "OGCC" means the Oil and Gas Conservation Commission of the State of Colorado.

E.

"Compressor station" means a turbine centrifugal compressor that is gas or electrically motivated, and which may or may not contain a fan that compresses and pumps natural gas through the pipeline. Compressor stations may also provide a liquid separator to dehydrate the natural gas during the compressor process.

F.

"Day" means a period of twenty-four consecutive hours.

G.

"Director" means the director of the Oil and Gas Conservation Commission of the State of Colorado.

H.

"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.

I.

"Inspector" means any person designated by the chief building official, or designee thereof, who shall have the authority to inspect a well site to determine compliance with this chapter and other applicable ordinances of the town.

J.

"Metering stations" means those measuring devices placed periodically along natural gas pipelines, that allow for the monitoring and management of natural gas within the pipeline.

K.

"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, including but not limited to directionally drilled wells.

L.

"Operating plan" means a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

M.

"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.

N.

"Owner" means any person with a working interest ownership in the oil and gas or leasehold interest therein.

O.

"Pig" means a robotic device that are propelled down pipelines in order to check for structural stability, thickness, roundness, signs of corrosion, leaks, or any potential safety risk to the operation of the pipeline.

P.

"Pipeline" means that below-grade pipe used for the conveyance of natural gas from one location to another.

Q.

"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.

R.

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

S.

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

T.

"Tank battery" means a series of tanks that are adjacent to the gas wells that are used for storing fracturing fluids and/or other by-products of the gas extraction process.

U.

"Twinning" means the drilling of a well within a radius of fifty 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.

V.

"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.

W.

"Valves" means the mechanic devices placed on the well and/or the pipeline in order to restrict natural gas movement or to allow natural gas movement.

X.

"Well" means an oil and gas well or an injection well, including but not limited to directional drilling wells (for example, any well hole drilled into the ground)

Y.

"Well head" means the equipment attaching the surface equipment to wellbore equipment at the well.

Z.

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

(Ord. 7-07 § 1 (part))

For all parcels within the town, including planned unit developments (PUDs), the following provisions apply:

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 chapter, 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 special use permit has first been granted by the town in accordance with the procedures defined in this article.

2.

The granting of such special use permit shall not relieve the operator from complying with all applicable regulatory requirements of the town, the state and the United States.

3.

When a special 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 special use permit.

4.

The special 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 days or less, notify the town of installation of such additional equipment.

5.

Within thirty 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.

(Ord. 7-07 § 1 (part))

A.

In recognition of the potential safety and health impacts associated with oil and gas drilling and well operation in an urban setting, all wells, well sites, potential well sites and accessory equipment and structures shall be inspected annually by the inspectors of the town.

B.

The operator shall pay an inspection fee for each separate well (as defined herein), well site and potential well site, annually or as often as the board of trustees determines is reasonable. The board of trustees shall set the fee for oil and gas drilling and well operation inspection per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. This fee is in addition to any other applicable fee by the code or by resolution. The applicant for oil and gas drilling and well operation inspection per this chapter shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, outside consultant fees and engineering fees, plus appropriate administrative fees, if any.

C.

In addition, all wells, well sites, potential well sites and accessory equipment and structures may be inspected by the inspectors of the town at other reasonable times to determine compliance with applicable provisions of this chapter, the 2003 International Fire Code, the 2003 International Building Code, or other building code as adopted by the town, and all other applicable standards in this title.

D.

For the purpose of implementing and enforcing the provisions of this chapter, 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. The operator shall provide the telephone number of a contact person who may be reached twenty-four hours a day for purposes of being notified of any proposed town inspection under this section.

E.

Notwithstanding the above, in the event of an emergency, all wells and accessory equipment and structures may be inspected by the inspectors of the town without such notice, provided that the operator is notified of the emergency inspection within a reasonable amount of time thereafter.

F.

If the operator fails to pay the inspection fee imposed by this chapter when due, a penalty of ten percent shall be added to the amount of the fee due, together with interest on the amount due at the rate of one percent for each month or portion thereof for which the fee is unpaid.

G.

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

(Ord. 7-07 § 1 (part))

(Ord. No. 8-2012, § 4, 4-23-2012)

The site plans for a well site submitted with an application for an oil and gas well special use permit shall be submitted on one or more plats or maps, at a scale not less than 1″ = 50′, showing the following information:

A.

The proposed location of 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 pipelines within six hundred and sixty 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, if applicable.

C.

True north arrow.

D.

Existing improvements, if any.

E.

Existing utility easements and other rights-of-way of record, if any.

F.

Existing irrigation or drainage ditches within four hundred feet of the well site, if any.

G.

Drainage and erosion control plans for the well site and the area immediately adjacent to the well site, if applicable.

H.

Location of access roads.

I.

Well site and existing lease boundaries.

J.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within four hundred feet of the well site or production site.

K.

The names, addresses and phone number(s) of the operator and the signature and seal of a professional land surveyor.

(Ord. 7-07 § 1 (part))

The vicinity maps for a well site submitted with an application for an oil and gas well special use permit shall be submitted on one 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 which indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a four hundred-foot radius of the proposed well.

B.

Location of existing oil and gas wells or injection wells as reflected in OGCC records. This information shall be submitted on a map and shall include any and all wells within a one thousand-foot radius of the proposed location for the well.

C.

Location of all building units within a one thousand foot radius from the wellhead or production facility.

D.

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

(Ord. 7-07 § 1 (part))

In addition to the site plans and the vicinity maps required in Sections 17.75.050 and 17.75.060 above, the application shall also include the following:

A.

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

B.

An operating plan, including the method of and schedule for the drilling, completion, production, abandonment and reclamation of the operation.

C.

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

D.

An emergency response plan that is mutually acceptable to the operator and the appropriate emergency response network that includes but is not limited to 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.

E.

A plan for weed control at the well site.

F.

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 other pertinent information. Prior to application to the town, a proposed fire protection and emergency response plan shall be submitted to and reviewed by the fire district.

G.

To the extent applicable, sources of water to be used in drilling operations of a proposed well, including the legal basis for the right to use such water.

H.

Proposed sanitary facilities that must comply with section 602(g) of the OGCC rules.

I.

A noise, odor, and dust abatement plan, if applicable, to control impacts on adjacent properties.

J.

An access and transportation route plan, including the numbers, frequencies, and types of all vehicles entering and exiting the site during the course of the drilling and completion of the well(s), including but not limited to the weight, number of axles and length of each vehicle.

(Ord. 7-07 § 1 (part))

The planning and zoning commission, at a regularly scheduled meeting, shall review the application for an oil and gas well special use permit and, based on conformance of the application with the requirements set forth below, recommend to the board of trustees approval, approval with conditions or denial. The board of trustees shall approve an application for an oil and gas well special use permit 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 17.75.050.

B.

The vicinity maps for a well site application comply with the requirements of Section 17.75.060.

C.

The narrative for a well site application complies with the requirements of Section 17.75.070

D.

The oil and gas facilities comply with the noise mitigation measures set forth in Section 17.75.130.

E.

The well location and setbacks comply with Section 17.75.110, unless such setback requirements have been waived by the OGCC.

F.

When applicable, compliance with the provisions for geologic hazards, flood plains, or floodway required in Section 17.75.190.

G.

When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 17.75.210.

(Ord. 7-07 § 1 (part))

Prior to commencement of operations for which an oil and gas well special use permit has been approved, a "notice to proceed" shall be obtained from the town community development department. The following documentation must be submitted and approved prior to the issuance of the notice to proceed:

A.

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

B.

A copy of the approved site plan.

C.

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

D.

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

(Ord. 7-07 § 1 (part))

Building permits must be obtained for all above ground structures to which the Uniform Building Code applies, in accordance with section 34-60-106(15), C.R.S.

(Ord. 7-07 § 1 (part))

In all areas of the town, unless such requirements are otherwise waived by the OGCC, in accordance with OGCC Rule 603(e)(6), the following apply:

A.

A well site shall be setback not less than three hundred and fifty feet from any occupied building or occupied building permitted for construction, in accordance with OGCC Rule 603(e)(2), and shall be setback not less than one hundred and fifty feet from any public right-of-way, in accordance with OGCC Rule 603(a)(1).

B.

Production sites shall be setback not less than three hundred and fifty feet from any occupied building or occupied building permitted for construction, and not less than five hundred feet from an educational facility, assembly building, hospital, nursing home, board and care facility, or jail, in accordance with OGCC Rule 603(e)(3), and shall be setback not less than one hundred and fifty feet from any public right-of-way, in accordance with OGCC Rule 603(a)(1).

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning air quality, water quality, and waste disposal.

(Ord. 7-07 § 1 (part))

Any equipment used in the drilling, completion, or production of a well, which is the subject of an oil or gas well special use permit, in accordance with OGCC Rule 802(a), shall comply with section 25-12-103, C.R.S., (Maximum Permissible Noise Levels). Any operation for such well involving the use of a drilling rig, work over rig, cementing or fracing equipment, is subject to the maximum permissible noise levels in section 25-12-103(5), C.R.S., provided however, that where eighteen or more building units are within a one thousand foot radius of the wellhead, all operations within four hundred feet of an occupied building with engines or motors which are not electrically operated shall be equipped with quiet design mufflers or equivalent, in accordance with OGCC Rule 802(c). All other oil and gas operations shall comply with the maximum permissible noise levels established by statute, if any, for the particular land use existing in the zone in which the operation occurs; provided that the town shall grant relief from these noise level requirements to the extent granted by the commission. To the extent practicable, exhaust from all engines, motors, coolers, and other mechanized equipment associated with such operations shall be vented in a direction away from occupied buildings, in accordance with OGCC Rule 802(b).

(Ord. 7-07 § 1 (part))

A.

In accordance with OGCC Rule 804, facilities shall be painted as follows:

1.

Uniform, non-contrasting, non-reflective color tones.

2.

Color matched to land, not sky, slightly darker than adjacent landscape.

3.

Exposed concrete colored to match soil color.

B.

All oil and gas facilities shall comply with the maximum height requirements for the applicable zone district set forth in section 17.44.040 of this code.

C.

To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare, in accordance with OGCC Rule 803.

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all commission rules with respect to abandonment and plugging of wells. At no time shall abandonment or plugging of wells occur without prior notification to the town.

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all commission rules with respect to seismic operations.

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all commission rules with respect to signs. In addition, the owner or operator shall maintain in good, readable condition all signs required by such commission regulations.

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all commission rules with respect to site reclamation.

(Ord. 7-07 § 1 (part))

All equipment at oil or gas well drilling 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. 7-07 § 1 (part))

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

A.

Access roads to tank batteries shall be subject to review by the town engineer 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 six inches thick compacted to a minimum density of ninety-five percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, 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;

2.

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 the pipe is subject to approval of the town engineer: and

3.

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

B.

Access roads to the well head shall be subject to review by the town engineer in accordance with the following minimum standards:

1.

A graded roadway approved by the town engineer;

2.

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 the pipe shall be subject to approval of the town engineer; and

3.

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

C.

An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or loads as defined in sections 42-4-501 through 42-4-512, C.R.S., which use town streets. Said permit, if required, shall be obtained from the town prior to such use.

(Ord. 7-07 § 1 (part))

The approval of an oil and gas well special use permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning wildlife and endangered species. The applicant, upon the town's request, shall provide a wildlife study, prepared by a qualified wildlife biologist, to be reviewed and approved by the town. Such report shall be submitted to the town no fewer than thirty days prior to the first public hearing before the planning and zoning commission.

(Ord. 7-07 § 1 (part))

In the event of a conflict between the provisions of this chapter and any other provision of this title, the provisions of this chapter shall control.

(Ord. 7-07 § 1 (part))

The operator shall reimburse the town or the fire district for any emergency response costs incurred by the town or the fire district in connection with activity at the well site or production site.

(Ord. 7-07 § 1 (part))

Except as otherwise provided in this chapter, 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. The unlawful drilling or re-drilling of any well or the production therefrom is a violation of this chapter.

(Ord. 7-07 § 1 (part))

It is hereby unlawful to construct or install unapproved oil and gas facilities, including compressor stations. Except as otherwise provided in this chapter, 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 board of trustees. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this chapter.

A.

Except as set forth in subsection B of this section below, any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any oil, gas, or injection well, production site, or well site in violation of any provision of this chapter or of the conditions and requirements of the oil and gas special use permit, may be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Each day of such unlawful operation constitutes a separate violation.

B.

Certain requirements and standards set forth in this chapter mirror those promulgated by the OGCC. The town acknowledges that the OGCC has authority to regulate certain technical aspects of oil and gas well drilling and operation, and those requirements and standards set forth herein that are also set forth in the OGCC rules shall be enforceable solely by the OGCC, in accordance with OGCC Rule 523(a), subject to the following:

1.

The town may monitor compliance with the requirements and standards set forth herein and with the OGCC rules. In the event of a violation of the OGCC rules, including those portions of the OGCC rules set forth herein, the town, in accordance with C.R.S. Section 34-60-114, may (a) file a written report of such violation with the OGCC and request the OGCC to sue, and (b) following such report, and in the event of the failure by the OGCC thereafter to enjoin such reported violation, may bring suit to enforce such rules in the district court of the appropriate jurisdiction.

2.

Special exceptions to the requirements and standards set forth herein may be granted where the requirements of this chapter actually conflict in operation with the requirements of the act or its implementing regulations. All applications for an oil or gas well special use permit where a special exception due to operational conflicts is requested shall be heard in a noticed public hearing by the board of trustees. The applicant shall have the burden of pleading and proving an actual, material, irreconcilable operational conflict between the requirements of this chapter and those of the OGCC in the context of a specific application. An operational conflict may occur where the municipal ordinance prohibits an activity which the OGCC, or its valid regulations, has clearly authorized, or authorizes an activity which OGCC, or its valid regulations, has clearly prohibited. Additional municipal requirements in areas regulated by the OGCC, which also fall within municipal land use powers and which are necessary to protect the public health, safety and welfare under the facts of the specific application presented, and which do not impose unreasonable burdens on the applicant, shall be presumed not to present an operational conflict. If the board of trustees finds, based upon competent evidence in the record, that compliance with the requirements of this chapter shall result in an operational conflict with the state statutory and regulatory scheme, a special exception to this chapter may be granted, in whole or in part, but only to that extent. The board of trustees may condition the approval of a special exception as necessary to protect the public health, safety and welfare by mitigating any adverse impacts arising from the grant of approval.

(Ord. 7-07 § 1 (part))

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 special 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. (

(Ord. 7-07 § 1 (part))

The board of trustees may revoke approval of an oil or gas well if it is determined after a public meeting, held on at least ten days notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants, and employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate.

(Ord. 7-07 § 1 (part))

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this chapter will remain valid, it being the intent of the board of trustees that the provisions of this chapter are severable.

(Ord. 7-07 § 1 (part))

Unless specifically provided otherwise, this chapter shall apply only to wells that are drilled in the town on and after the date this chapter is adopted. The reentering of a well in existence prior to the date of adoption of this chapter, for purposes of deepening, re-completing or reworking, shall not require approval of an oil and gas well special use permit as required by this chapter.

(Ord. 7-07 § 1 (part))

A.

When an application is submitted to the town for oil and gas well special use permit under this chapter, the applicant shall pay to the town an oil and gas application fee for each separate well or well site shown on the site plan. The board of Trustees shall set the fee for oil and gas well special use permit per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. This fee is in addition to the special use permit fee as delineated in Chapter 17.78 of this code and any other applicable fee by the code or by resolution.

B.

In addition to the above, the applicant for an oil and gas well special use permit shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees and filing or recording fees. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the oil and gas well special use permit.

C.

Nothing herein constitutes a waiver by the town of any ordinances or general applicability, including road impact fees.

(Ord. 7-07 § 1 (part))

(Ord. No. 8-2012, § 5, 4-23-2012)

The town shall be entitled to recover from any party that violates or fails to comply with any provision of this chapter all costs, expenses and attorney fees incurred by the town for enforcement of the provisions of this chapter.

(Ord. 7-07 § 1 (part))