(A) Issuance; conditions. The oil and gas inspector, within 30 business days after the filing of an application for a permit under this chapter, shall determine whether or not the application complies in all respects with the provisions of this subchapter and applicable federal and state law, and, if it does, shall recommend to the Mayor and Board of Trustees that the permit be issued. Each permit issued under the terms of this subchapter shall:
(1) By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim therein;
(2) By reference have incorporated therein all the provisions of applicable state law and the rules, regulations and standards adopted in accordance therewith relating to the protection of human beings, animals and natural resources;
(3) Specify that the term of the permit shall be for a period of one year from the date of issuance thereof, and for like periods thereafter upon the successful inspection of the permittee’s well and operations, as is provided for elsewhere herein;
(4) Specify such conditions imposed by the oil and gas inspector as are by this chapter authorized; and
(5) Specify that no actual operations shall be commenced until the permittee shall file and have approved the required bond and certificate of insurance in the appropriate amounts as provided for elsewhere herein.
(B) Original signed copies of permit. If the permit be issued, it shall, in two originals, be signed by the oil and gas inspector and the permittee, and when so signed shall constitute the permittee’s license to drill and operate in the town and the contractual obligation of the permittee to comply with the terms of such permit, such bonds as are required, and applicable state law, rules, regulations, standards and directives. One executed original copy of the permit shall be retained by the oil and gas inspector; the other shall be retained by the permittee and shall be kept available for inspection by any town or state law enforcement official who shall demand to see the same.
(C) Fees nonrefundable; exception. All permit fees paid shall be nonrefundable; provided, however, an applicant who has paid a permit fee and who is not issued a permit, may make written application to the Board of Trustees for a refund. The Board of Trustees may refund such portion of the permit fee as the Board in its sole discretion believes is fair and equitable considering all of the circumstances including the cost and expense to the town and the reason the permit was not issued. The Board’s decision shall be final. A permit is issued when it has been approved by the Board of Trustees.
(Ord. 381, passed 8-12-2021)