An application for a beneficial use and or value determination shall be made to the County by filing an application and paying an application fee as established by the Board within one year subsequent to the Board’s final development order with respect to denying or modifying an application for development approval of an Oil and Gas Overlay Zoning District Classification, or within one year from the denial or modification of an application for Special Use and Development Permit, if an Oil and Gas Overlay Zoning District Classification has previously been approved.
The application shall be submitted in a form established by the Administrator and shall include the following:
12.2.2.1. Contact information. The name, address, and telephone number of the applicant; the name, address and telephone number of the owner of the subsurface mineral estate and/or the oil and gas lessee, if applicable.
12.2.2.2. Legal description. A legal description and the real estate or parcel number for the subsurface and surface property in the same ownership.
12.2.2.3. Letter of agency. If a person other than the applicant is requesting relief pursuant to this division, a notarized letter of agency from the owner of the subsurface mineral estate and/or oil and gas lessee (“Owner”) authorizing the person to represent them with respect to the application. Except as specifically provided herein, the owner or lessee will be bound by the representations, obligations, and agreements made by the owner’s or lessee’s agent in the course of the beneficial use and value determination process. The term “applicant” as used in this division refers to the owner or lessee, or the owner’s and lessee’s agent, as applicable.
12.2.2.4. Date of acquisition, offers to purchase, and attempts to sell. Documentation of the date of acquisition of all land acquired in the same ownership, the price incurred to acquire the property, the date and amount of any offers by any person, corporation, governmental entity, or association to acquire the property, and any attempts by the owner or lessee to sell or assign the subsurface mineral estate or oil and gas lease, or to purchase or sell transferable development rights.
12.2.2.5. Land development code regulation or General Plan policy. A statement describing the land development code regulation, general or area plan policy, or other final developmental order or action of the County, which the applicant believes necessitates relief under this Section, including the effective date of the land development code regulation or general or area plan policy and/or the date of the final action by the County related to the property. The application shall identify the land development code regulations or general plan or area plan policies of the County by section and number.
12.2.2.6. Description of land. A description of the property’s physical and environmental features, total acreage, and use presently at the time of acquisition, and upon the effective date of the development order, the applicant asserts requires relief under this section.
12.2.2.7. Improvements to land. Evidence of any investments made to improve the property, the date the improvements were made, and the cost of the improvements.
12.2.2.8. Description of allowable uses. A description of the type and extent of land uses allowed on the surface and subsurface of property, from the time the applicant acquired the property until the date of application under this section, including allowable density, permitted and special uses, number and location of oil and gas wells, transfer of development rights permitted, opens space ratios, and other factors affecting the property’s development potential.
12.2.2.9. Requested relief. A statement regarding the form of relief requested by the owner, pursuant to
SECTION 12.9: GRANTING RELIEF.
12.2.2.10. Maps. Maps shall be included in the application, which show the property presently, at the time of acquisition, and upon the effective date of the development order of the County the applicant asserts requires relief under this Section. Maps shall indicate the land use designation, future land use designation, aerial photography, and environmental conditions and habitat, cultural, historical or archaeological artifacts or sites on the property.
12.2.2.11. Previous development applications and appeals. A description of all efforts to seek approval to develop the property for oil and gas exploration, including date of application; name of the local, state, or federal agency; nature of approval, denial, or appeal sought; disposition; and the date of disposition.
12.2.2.12. Agency approvals. Evidence of whether the applicant has received necessary approvals from governmental agencies other than the County, which are required in order to undertake development of the property for oil and gas exploration and drilling.
12.2.2.13. Signature of owner and agent. The signature of landowner(s) and agent(s), attesting to the accuracy of the statements and representations made in the application.
12.2.2.14. Additional materials. Appraisals, studies, or evidence supporting the applicant’s contention that relief under this division is appropriate, including appraisals related to any alleged diminution of all or substantially all fair market value of the property.
12.2.2.15. The Board’s development orders and the findings on all of the assessments, plans, reports and studies required for the application for an Oil and Gas Overlay Zoning District Classification, or for the application for the Special Use and Development Permit.
