§ 30-11-105. Review criteria

(a)

The Board of Trustees decision to approve or deny an application shall be made and determined based upon the facility's compliance with all applicable performance standards and other requirements of these standards and other requirements of these regulations by applying the following valuative criteria to the evidence in the record of proceedings before the Board of Trustees:

(1)

The site plans for a well site application comply with the requirements of Section 30-11-104(1), above.

(2)

The vicinity maps for a well site application comply with the requirements of Section 30-11-104(2), above.

(3)

The narrative for a well site application complies with the requirements of Section 30-11-104(3), above.

(4)

When applicable, compliance with the provisions for geologic hazards, floodplains or floodway required in Section 30-11-110, below.

(5)

When applicable, compliance with the provisions for wildlife mitigation procedures required in Section 30-11-113, below.

(6)

Whether the special use will be consistent with the Town's current comprehensive plan.

(7)

Whether the special use will be compatible with existing conforming surrounding and probable future land uses.

(8)

Whether the proposed use and operations plan will not unreasonably interfere with existing uses of adjacent and nearby properties.

(9)

Whether the special use will cause an unreasonable demand on Town services.

(10)

Whether the special use will unreasonably and adversely affect traffic flow and parking in the surrounding area.

(11)

Whether the public welfare requires approval of the special use.

(b)

Following the conclusion of the public hearing, the Board of Trustees may proceed to render its provisional decision orally on the application, or it may take the matter under advisement until an announced date certain not to exceed 21 days, at which time it shall orally render its decision. In the event that an application is granted with conditions, the applicant may, within 14 days of the Board's decision, request a rehearing to demonstrate that removal or modification of one or more of the conditions is necessary to prevent waste or protect owners of correlative rights in a common source to a fair share of production profits, or that the decision is otherwise inconsistent with state laws and regulations. Following the Board of Trustees' oral announcement of its decision and any subsequent rehearing, a written resolution shall be adopted as its final action or decision on the application. This written resolution shall set forth the findings of the Board of Trustees. The Town Attorney shall prepare the written resolution for the Board of Trustees' consideration within 14 days of the oral decision or any subsequent rehearing. Such written resolution shall be adopted within 21 days of the announcement of the Board of Trustees' oral decision, unless the applicant requests rehearing, in which case the written resolution shall be adopted within 30 days of the oral decision. For the purposes of judicial review, the Board of Trustees' final action or decision on an application shall be deemed to have been made as of the date upon which the Board of Trustees executes the written resolution, which shall constitute the final decision of the Board of Trustees.

(Ord. No. 1225 , 3-21-2017)