The purpose of this chapter is to provide for the acquisition
and development of natural gas supplies in such a manner that will
protect the public health, safety and welfare of the residents of
the Village of Lancaster.
Unless the context requires a different meaning, the words defined
below shall have the following meanings when used in this chapter:
BLOWOUT
An uncontrolled, sudden or violent escape of gas, as from
a drilling well, when high-formation pressure is encountered.
BLOWOUT PREVENTER
A device attached immediately above the casing which can
be closed and which will shut off the hole should a blowout occur.
DRILLING COMPANY
The person who constructs the well and conducts the drilling
operations.
GAS
All natural gas and manufactured, mixed and by-product gas.
GAS WELL SITE
Includes the location of the drill hole for the gas well
and all equipment and appurtenances, including any ponds, to be used
in connection with the drilling operations for the gas well.
LEASEHOLDER
The person who has been granted the rights by the owner to
drill into and produce or extract the gas from the premises.
OWNER
The owner of the legal title to the premises from which the
gas is to be extracted.
PERSON
Includes any natural person, corporation, association, partnership,
receiver, trustee, executor, administrator, guardian, fiduciary or
other representative of any kind. The masculine gender in referring
to a person includes the feminine and the neuter genders.
WELL
The hole which is drilled or put down for the purpose of
mining for the production of natural gas. Where reference is made
anywhere to the prohibition of the construction of a gas well within
certain distances of specified places, such distances shall be measured
from the center of the drill hole except where otherwise provided.
Gas wells shall be permitted in the Village of Lancaster, whether
owned by a public utility or otherwise; provided, however, that they
shall be unlawful in any manner unless they are in compliance with
the following:
A. No gas well drilling operations or construction or excavation for
a gas well site nor the erection of drilling equipment or the placing
or moving of equipment to be used for construction of a gas well site
on any land shall be commenced without a permit being first issued
by the Board of Trustees of the Village of Lancaster, as provided
herein, or such other individual or agency as the Board may designate
from time to time.
B. Application for a permit from the Village of Lancaster shall be made
to the Board of Trustees of the Village of Lancaster or such other
individual or agency as the Board may designate from time to time.
Said application form shall require the name and address of the leaseholder,
the name and address of the drilling company and, if any of the foregoing
is a corporation or partnership, the names and addresses of the partners,
President and treasurer thereof and the name and address of the agent
or person in charge of the drilling operations. Submitted with, attached
to and made a part of the application shall be a survey made by a
surveyor or engineer licensed by the State of New York, showing by
metes and bounds the premises to be drilled on, the proposed location
of the well hole and the distance, in feet, of the proposed location
of the well hole to adjoining property owners and to all buildings,
structures, places of assembly, public recreational facilities, storage
or repair areas, places of public travel or occupancy, rights-of-way
of any public road or highway, rights-of-way of any public utility
and streams, creeks, rivers or other bodies of water which are within
300 feet of the gas well site. If there are no buildings, roads, and
so forth, within 300 feet of the gas well site or appurtenances, including
ponds, then the surveyor or engineer shall indicate that fact on the
survey.
C. A copy of the drilling permit issued by the Bureau of Mineral Resources
of the New York State Department of Environmental Conservation or
its successor shall be submitted to the Board of Trustees of the Village
of Lancaster, together with the application for a permit. The application
also must be accompanied by a fee of $150 in the form of a check or
money order made payable to the Village of Lancaster. The application
for the permit shall be made and signed by the leaseholder and the
drilling company, with the written understanding that they have read
this chapter and understand that any violation of this chapter is
unlawful and shall constitute reason for immediate revocation of the
permit and further, shall be cause for immediately enjoining and ceasing
all drilling operations.
D. The Board of Trustees of the Village of Lancaster or such other individual
or agency as the Board may designate may require such other information
as shall be deemed necessary for the proper enforcement of this chapter.
E. The leaseholder of the natural gas rights of the premises upon which
the gas well is to be drilled and, if there is no leaseholder, the
owner of the premises shall obtain and deliver to the Board of Trustees
of the Village of Lancaster a license and permit bond in the amount
of $10,000 as principal in favor of the Village of Lancaster as obligee,
which bond shall ensure compliance with all parts and sections of
this chapter. The license and permit bond shall be issued by a bonding
company licensed to do business in the State of New York and shall
be submitted to the Board of Trustees of the Village of Lancaster
with the application for the drilling permit. Such bond shall be conditioned
upon compliance with all provisions of this chapter, and the bond
shall be made for a period of not less than one year. A new bond or
an extension or renewal of the original shall be furnished at the
expiration of any existing bond and shall remain in effect as long
thereafter as the derrick, derrick foundations, tanks, machinery,
pipe or other equipment or improvements placed on the premises to
drill or operate the well, including slush pots, sump pumps and ponds,
are permitted to remain on the premises. If any bond required herein
lapses or becomes void for any reason, the permit issued under this
chapter shall immediately become inoperative and void until a new
bond is provided or the existing bond is reinstated in full force.
All bonds shall be subject to the approval of the Village Attorney
as to form and sufficiency.
F. The applicant shall also submit to the Board of Trustees of the Village
of Lancaster or such other individual or agency as the Board may designate
evidence in the form of certificates of insurance that the drilling
company maintains and is carrying public liability and property damage
insurance covering all drilling operations conducted by the drilling
company in an amount of not less than $200,000.
G. Upon determination that the application is in order, that the proposed location of the gas well site complies with the restrictions set forth in §
173-4, that a state permit has been issued, that a permit and license bond have been submitted and the fee has been paid and that the necessary insurance is being maintained by the drilling company, the Board of Trustees or such other individual or agency as the Board may designate shall issue a permit to the leaseholder and, if there is no leaseholder, to the owner of the premises.
The terms and conditions of this chapter dealing with the maintenance and operation of drilling facilities shall, where applicable, apply to drilling sites and/or facilities operational prior to the effective date of this chapter. Such terms and conditions shall include but not be limited to the safeguards set forth herein, together with the fencing requirements contained in §
173-7I; provided, however, that the time period for the installation of any such security fence, as required by the above-mentioned section, relative to existing drilling facilities shall be for a period of 30 days after the effective date of this chapter.
In addition to being subject to any other legal or equitable
remedies, the leaseholder of the premises upon which any violation
of the provisions of this chapter has been committed or shall exist
and the general agent, drilling company, owner, contractor or any
other person who knowingly commits, takes part in or assists in any
such violation or who maintains any gas well or structure on the premises
in or upon which any such violation shall exist shall be guilty of
a violation of this chapter and shall be liable, upon conviction thereof,
to a fine or penalty not exceeding $250 or 15 days in jail, or both.
Each operating day of drilling in violation shall be construed to
be a separate offense.
If any other ordinance, local law, code or state law, rule or
regulation now in effect or hereafter enacted is more restrictive
than this chapter or imposes higher standards or requirements than
the provisions of this chapter, then the provisions of the higher
or more restrictive requirement shall govern.