[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 2-12-1979 by L.L. No. 1-1979 (Ch. 88 of the 1976
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.
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:
An uncontrolled, sudden or violent escape of gas, as from
a drilling well, when high-formation pressure is encountered.
A device attached immediately above the casing which can
be closed and which will shut off the hole should a blowout occur.
The person who constructs the well and conducts the drilling
operations.
All natural gas and manufactured, mixed and by-product gas.
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.
The person who has been granted the rights by the owner to
drill into and produce or extract the gas from the premises.
The owner of the legal title to the premises from which the
gas is to be extracted.
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.
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.
A.
No gas well shall be located nearer than 150 feet to any public building
or structure or area which may be used as a place of assembly, resort,
recreation, education, entertainment, lodging, storage, repair, trade,
manufacturing or occupancy by the public. Use by the public shall
not be construed to include use by the employees of an employer engaged
in the foregoing activities.
B.
No gas well shall be located nearer than 100 feet to any inhabited
private dwelling house unless written permission is obtained from
the property owner and a copy of said permission is filed with the
Board of Trustees or such other individual or agency as the Board
may designate.
C.
No gas well shall be located nearer than 75 feet to the traveled
part of any state, county or city road or any public street, road
or highway.
D.
No gas well shall be located nearer than 50 feet to the bank of any
public stream, creek, river or other body of water.
E.
No gas well shall be located nearer than 50 feet to any adjoining
or adjacent property line unless written permission is obtained from
such adjoining owner and a copy of said permission is filed with the
Board of Trustees or such other individual or agency as the Board
may designate.
F.
At every gas well site, there shall be available to the Village of
Lancaster Fire Department, during all drilling operations, at least
one dry-chemical fire extinguisher of at least 150 total pounds'
capacity or five dry-chemical fire extinguishers, each having a total
of 30 pounds' capacity. The extinguisher or extinguishers shall
be maintained in an approved, operable manner to the satisfaction
of the Fire Chief of the Village of Lancaster or his duly designated
assistants and shall be stored at a distance of 50 feet from the drilling
head.
G.
Blowout preventers shall be required for all drilling operations,
shall be activated at least once a day to ensure performance and shall
be activated upon the request of the Fire Chief of the Village of
Lancaster or any duly designated assistant in order to ensure performance.
H.
No blowoffs of any gas well shall be performed unless at least one
responsible person from the drilling company is in attendance at all
times.
A.
The drilling, casing and completion program adopted for any well
shall be such as to prevent pollution. This requirement shall include
the erection or construction and maintenance of adequate slush pits
where necessary.
B.
Except as hereinafter provided, sufficient surface casing shall be
run in all wells to extend below the deepest potable freshwater level.
C.
The drilling, casing and completion program adopted for any well
shall also be such as to prevent the migration of oil, gas or other
fluids from one pool or stratum to another.
A.
On all wells where the subsurface formations and pressures to be encountered have been reasonably well-established by prior drilling experience, the drilling company shall have the option of either running surface casing, as provided in § 173-5B, or of cementing the production casing from below the deepest potable freshwater level to the surface. In areas where the subsurface formations and pressures to be encountered are unknown or uncertain, surface casing shall be run as provided in § 173-5B.
B.
When surface casing is utilized, it shall be cemented by the pump
and plug or displacement method, with sufficient cement to circulate
to the top of the hold. Drilling shall not be resumed until the cement
has been permitted to set in accordance with prudent current industry
practices.
C.
In all locations and for any drilling method, an adequate blowout
preventer shall be used to prevent and/or control blowouts.
D.
If it is elected to complete a well and production casing is run,
it shall be cemented by the pump and plug or displacement method with
sufficient cement to circulate above the top of the completion zone
to a height sufficient to prevent any movement of oil, gas or other
fluids around the exterior of the production casing. In such instance,
operations shall be suspended until the cement has been permitted
to set in accordance with prudent current industry practices.
A.
No gas well shall be drilled in a location that does not have adequate
free access to the well site from a public highway for fire or emergency
vehicles.
B.
Notice shall be given to the Board of Trustees or such other individual
or agency as the Board may designate and the Fire Chief of the Village
of Lancaster at least 24 hours prior to fracturing and prior to any
blowoffs of any well.
C.
The drilling site and gas well location shall be available for inspection
at any time by the Fire Chief of the Village of Lancaster and by the
Building Inspector.
D.
Conduct of the drilling operation shall be in accordance with the
best accepted industry standards so as to limit nuisances inherent
in the drilling operation. Specifically, noise shall be limited, and
disposal of fluids at the well head shall be done in a manner to save
surrounding lands and property from damage.
E.
At least two hours prior to the commencement of the drilling operations,
the Fire Chief of the Village of Lancaster and the Building Inspector
shall be notified by the drilling company of the exact time that drilling
operations are to commence in order that the Fire Chief or his duly
designated assistant and the Building Inspector shall have an opportunity
to make a further inspection to determine compliance with this chapter.
Immediately after the cement of the casing has hardened and the blowout
preventer is installed, the drilling company shall again notify the
Fire Chief and the Building Inspector of such fact in order that the
Fire Chief or his duly designated assistant and the Building Inspector
shall have an opportunity to make a further inspection to determine
compliance with this chapter, and there shall be no further drilling
until such inspection has been made. This inspection shall be made
as soon as practicable but within at least 12 hours of notification
by the drilling company.
F.
In the event that noncompliance is determined after either of the
above inspections, the Building Inspector or, in his absence, the
Fire Chief or his duly designated assistant shall have the authority
to immediately revoke the permit.
G.
This section shall not be deemed to waive the right of the Building
Inspector or the Fire Chief or his duly designated assistant from
making further inspections to ensure compliance with all parts of
this chapter.
H.
The Village Clerk-Treasurer of the Village of Lancaster shall, within
five days after issuance of the permit for gas drilling in the Village
of Lancaster, send notification to the New York State Department of
Environmental Conservation, Bureau of Mineral Resources or its successor
that such permit was issued by the Village of Lancaster, stating the
applicant's name and the location of the proposed drilling site.
I.
Any gas well and appurtenances thereto shall be completely enclosed
by a metal security fence, six feet in height, with posts imbedded
in concrete foundations and with all gates or doors opening through
such enclosure equipped with self-closing and self-latching devices
designed to keep and capable of keeping gates or doors securely locked
and closed at all times when such gas well is not attended by authorized
personnel. All such necessary security fences shall be constructed
and completed within 30 days after the completion of drilling operations.
Such gates or doors shall be securely closed and locked at all times
when the gas well is not attended by authorized personnel. The fence
shall be constructed by the leaseholder and, if there is no leaseholder,
then by the owner or owners of the premises upon which the gas well
is located. If weather conditions impair installation of permanent
fencing, the driller may, with written permission from the Building
Inspector, erect temporary fencing. Any such permit to delay permanent
fencing shall indicate the date that the permanent fencing will be
completed.
J.
No access road to be used in connection with a gas well site shall
be constructed within eight feet of any adjoining property unless
written permission is obtained from the adjoining owner and a copy
of said permission is filed with the Building Inspector.
A.
Following completion of the drilling of any gas well, all land surfaces
shall be graded to the original contour and, where necessary, seeded
with a suitable ground cover, fertilized, mulched and maintained,
all in accordance with acceptable applicable standards, in order that
the property be restored as nearly as possible to the same surface
conditions which existed prior to commencement of the drilling operation.
Such restoration must be accomplished within 30 days after removal
of the drilling rig and apparatus. If weather or further construction
prohibits or impairs restoration within the aforementioned time limit,
the drilling company may submit a request to the Building Inspector
for an extension of time to complete permanent restoration. The Building
Inspector may extend the time for completion up to three months from
the date of the request to so extend.
B.
A sign of a permanent nature no larger than four square feet shall
be displayed and maintained at the driveway to the well, indicating
the drilling company's name, address and telephone number and
the telephone numbers to call at any time of the day or night in case
of emergency.
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.
