Town of Kingston, NY Supplementary Regulations

See Table 6.1 below for the number of required parking spaces for each land use.

For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles V and IV, respectively, of this chapter.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit modification.

Table 6.1 Required Parking Spaces

	Land Use	Required Number of Parking Spaces
	Single-family house	2 spaces
	Duplex	4 spaces
	Multifamily dwelling, 3 units [Added 6-4-2007 by L.L. No. 1-2007]	6 spaces
	Multifamily dwelling, 4 units [Added 6-4-2007 by L.L. No. 1-2007]	8 spaces
	Accessory apartment	1 space
	Bed-and-breakfast	1 space per bedroom plus 2 spaces
	Church	1 space per every 3 seats or 50 square feet of seating area where fixed seating is not provided
	Nursing home	1 space per every 2 beds
	Home occupation	1 space per employee
	School	1 space per 12 classroom seats or 1 space per 3 auditorium seats, whichever is greater
	Government use	1 space per 300 square feet of gross floor area plus 1 space per employee
	Hospital/medical use	5 spaces per professional on duty plus 1 space per employee
	Office	1 space per 300 gross square feet
	Retail store/bank/pharmacy	1 space per 200 gross square feet
	Convenience store	1 space per 150 gross square feet
	Restaurant/tavern/fast food restaurant	1 space per every 3 seats or 50 square feet, whichever is greater
	Hotel/motel	1 space per bedroom plus 3 per 1,000 square feet of non-guest floor area
	Private club	1 space per every 50 square feet of floor area
	Campground[1]	1 space per campsite plus 1 space per employee
	Warehouse	1 space per every 2 employees
	Personal service establishment	1 space per 200 square feet of floor area
	Veterinary hospital	4 spaces per veterinarian on duty plus 1 space per employee
	Laundromat	1 space per every 3 machines
	Day care	1 space per every 5 children
	Gasoline station	1 space per every 200 square feet of floor area
	Theater	1 space every 3 seats
	Grocery	1 space every 200 square feet of floor area
	Shopping center	1 space per every 200 square feet of floor area
	Industrial/manufacturing use/research and development center	1 space per every employee plus 1 space per 5,000 square feet of floor area

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

In any district, the Planning Board may, at its sole discretion, approve the joint use of a parking facility and a reduction in the parking requirement of up to 30% by two or more principal buildings or uses, either on the same, adjacent or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments or by virtue of pedestrian pathways that facilitate walking within 1/4 mile. There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall:

Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof;

[2]

Be enforceable by either of the parties having beneficial use thereof as both; and

[3]

Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns.

Alternative off-street parking standards to those above shall be accepted by the Planning Board if the applicant demonstrates that such standards better reflect local conditions.

Design standards.

Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking;

Parking shall not encroach within 15 feet of any public right-of-way, side or rear property line, except that if abutting a residential district a minimum of 20 feet separation shall be maintained;

In all districts, each parking space provided shall be at least nine feet wide and 18 feet long. Parking spaces for the physically handicapped shall measure 12 feet in width. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces;

The average parking lot per automobile space shall not be less than 300 square feet, including adjacent circulation areas;

All parking areas shall be suitably drained;

(6)

All nonresidential off-street parking areas shall be designed to eliminate the need to back out onto any public street, road, or highway;

(7)

Parking facilities shall be landscaped and screened to the extent necessary to eliminate unsightliness and impacts on adjacent land uses;

(8)

Parking facilities shall be adequately lit.

§ 425-25 Loading.

Standards. See Table 6.2 for the number of required loading spaces or berths for the following uses.

	Table 6.2 Required Loading Spaces
	Office and retail space uses	1 berth per 5,000 to 25,000 square feet of floor area and 1 additional berth for each additional 25,000 square feet
	Hotel/motel	1 berth for floor area in excess of 10,000 square feet
	Industrial/manufacturing/research and development uses	1 berth per 5,000 square feet of floor area and 1 additional berth for each additional 25,000 square feet

Design standards.

Each required loading berth shall be at least 12 feet wide, 35 feet long, and 14 feet high. Alternative design standards to these may be accepted by the Planning Board if the applicant demonstrates that such standards are an appropriate response.

Unobstructed access, at least 12 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as permitted below. Unobstructed access, at least 12 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be permitted below. No entrance or exits for any off-street parking or loading area shall be located within 50 feet of any street intersection, nor shall any off-street loading berth encroach on any required front yard or required side yard, accessway or off-street parking area, except that in a commercial district off-street parking areas may be used for loading and unloading, provided that such areas shall not be so used or restricted for any more than three hours during the daily period that the establishment is open for business.

Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.

§ 425-26 Home occupations.

Purpose and intent. The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to:

Ensure the compatibility of home occupations with other uses permitted in the Town;

Maintain and preserve the rural character of residential neighborhoods and areas;

Assure that facilities and services designed for residential areas are not misused for inappropriate commercial purposes; and

Provide peace, quiet, and domestic tranquility within all residential neighborhoods or areas, and guarantee to all residents freedom from excessive noise and traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.

List of home occupations. Home occupations are divided into two types: Type 1 and Type 2.

The following Type 1 home occupations are permitted by right upon issuance of a permit by the Code Enforcement Officer, provided that they are carried on in a manner which complies with the standards in Subsection A above:

Appliance repair;

Architectural, landscape architectural, planning, engineering, interior design, and financial planning services;

Art restoration;

Baby-sitting;

Data processing;

Dentist, dental technician;

(g)

Drafting and graphic services;

(h)

Dressmaking, sewing, tailoring, contract sewing;

(i)

Flower arranging;

(j)

Gardening, landscape maintenance;

(k)

Home crafts including ceramics with kiln up to six cubic feet, jewelry making, basketry;

(l)

House cleaning service;

(m)

Locksmith;

(n)

Physician;

(o)

Real estate sales or broker;

(p)

Sales or manufacturer representative (office only);

(q)

Studio;

(r)

Swimming pool cleaning;

(s)

Telephone answering, switchboard, and call forwarding;

(t)

Tutoring;

(u)

Typing and word processing;

(v)

Watch repair;

(w)

Writing, computer programming.

Home occupations not listed in above are considered Type 2 home occupations and shall be subject to special use permit review by the Planning Board in accordance with Article V of this chapter.

Criteria and standards.

In all residential districts, home occupations in compliance with the following criteria and standards and listed as allowed home occupations pursuant to Subsection B above are permitted upon issuance of a permit by the Code Enforcement Officer.

A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the residential district. A home occupation may be conducted within the primary dwelling or within an accessory building.

No more than 500 square feet of the floor area of the dwelling unit may be used in connection with a home occupation. Floor area of the dwelling unit is the habitable area.

The home occupation is to be conducted only by members of the family residing in or maintaining the dwelling unit plus no more than two nonresident assistants or employees at any one time.

(d)

There shall be no external alteration of the appearance of the property, the dwelling or accessory building in which the home occupation is conducted, which would reflect the existence of said home occupation.

(e)

Any signs used in conjunction with a home occupation shall be no larger than three square feet.

(f)

A home occupation, including studios or rooms for instruction, shall provide all necessary parking associated with the home occupation off-street, not to exceed four spaces.

(g)

Delivery and pickup of materials or commodities to and from the premises by a commercial vehicle shall not exceed two trips per week, and the deliveries shall not restrict traffic circulation. A "vehicle," for the purpose of this provision, is any motor vehicle having a gross vehicle weight of more than 14,000 pounds.

(h)

There shall be no exterior storage of materials, equipment, or other supplies to be used in conjunction with a home occupation.

(i)

A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. A home occupation, as provided by this chapter, shall be completely contained within the principal or accessory building. No noise, vibration, smoke, electric interference, dust, odors, or heat shall be detectable beyond the walls of the building where the home occupation is located. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site. Processes which are hazardous to public health, safety, morals, or welfare are prohibited.

(j)

The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

Home occupation by special permit. Any home occupation meeting the standards and criteria of Subsection C above but not listed as a permitted occupation under Subsection B above may be allowed by special permit issued by the Planning Board. In issuing such special permits, the Planning Board must find that the proposed home occupation meets the criteria and standards in Subsection B above, as well as the special permit standards in Article V of this chapter.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Permit application procedure. Application for a permit for a home occupation permitted by right shall be made to the Code Enforcement Officer, who shall issue a permit upon finding that the proposed home occupation will satisfy the criteria and standards in Subsection C above. Application for a special permit for a home occupation that is not permitted by right shall be made in accordance with Article V of this chapter.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 425-27 Floodplains.

Development in floodplains in the Town of Kingston is regulated by Local Law No. 1 of 1988.[1]

Editor's Note: This local law was superseded by L.L. No. 1-2009; see now Chapter 186, Flood Damage Prevention.

§ 425-28 Signs.

Intent. It is the intent of the Town of Kingston that signs contribute to the aesthetic character of the Town and do not adversely affect such character.

Standards.

Signs shall be constructed of wood, plastic, metal, glass, or stone.

Strings of lights are prohibited, except from November 1 to January 30, whether or not they are part of any sign. No sign shall contain flashing, intermittent, rotating or moving lights, nor consist of other pennants, banners, ribbons, or streamers; however, pennants, banners, ribbons, or streamers may be employed on an occasional or temporary basis, not more than three times per year, for periods of one week, to call attention to special business or related events such as "grand openings," "special sales," etc.

No sign shall contain or employ day-glowing or other fluorescent paint or pigments.

No building-mounted sign shall be erected or maintained which extends above the highest roof ridge of any building or structure.

Freestanding signs shall not exceed 12 feet in height, measured from the highest level of ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof, except in the MU-1 Zone. Signs in the MU-1 Zone shall not exceed 25 feet in height.

(6)

Freestanding signs shall be appropriately landscaped.

(7)

No single sign shall be erected having a sign area greater than 40 square feet, except for the following:

Signs in the MU-1 Zone.

Signs for more than one business or activity.

Monument-style signs.

(8)

The sign area shall be considered to be the entire area within a single, continuous perimeter enclosing all elements of the sign, which form an integral part of the display. The structure supporting a sign shall not be included unless the structure is designed in a way to form an integral background for the display. Only one face of a double-faced sign shall be included as surface or area of such a sign.

(9)

Freestanding signs shall be placed so as not to obstruct the vision of motorists entering and leaving the premises, and shall otherwise not interfere with pedestrian or any other traffic, nor interfere with the use and enjoyment of the adjoining property(ies).

(10)

Any sign in existence on the first date of this chapter's enactment may be replaced with a sign duplicating size, shape and design.

(11)

The Code Enforcement Officer shall be responsible for issuing permits for signs and determining compliance with these standards. The Code Enforcement Officer shall determine that signs are in conformance with an approved site plan or special use permit, where applicable, before issuing a permit.

(12)

Not more than two signs, including off-premises locations, shall be erected or maintained relating to a single business or activity, except for directional signs that do not exceed four square feet in sign area and which are limited to such texts as "Entrance," "Exit," "No Parking," etc. The total combined sign area of the two permitted signs shall not exceed 40 square feet, except in the MU-1 Zone. For the purposes of this provision, a single business or activity shall include all businesses or activities subordinate to or integrated with that business or activity, located on the same premises as that business or activity.

(13)

The following standards shall apply only to the MU-1 Zone:

If freestanding signs are used to identify two or more uses in a single structure, one freestanding sign shall be required rather than individual freestanding signs for each use. The total square footage of this single sign shall not exceed the allowable use (per business or activity) or 120 square feet, whichever is less. This shall include the name of the structure in which the uses are located and all other information or images included in the sign.

The total combined sign area of all permitted signs shall not exceed 60 square feet per business or activity.

(14)

The following standards shall apply in all zones except the MU-1 Zone:

If freestanding signs are used to identify two or more uses in a single structure, those signs shall be combined into one monument-style sign, rather than individual signs for each use.

The total square footage of a monument sign shall not exceed the allowable sign area per use or 60 square feet in the residential zone or 100 square feet in all other zones, whichever is less. This shall include the name of the structure in which the uses are located and all other information or images included in the sign.

Exceptions. The following signs shall not require a permit:

Signs advertising the sale or rental of the premises upon which the sign is located, which shall be limited to one per realtor and shall not exceed 20 square feet.

Signs denoting the architect, engineer or contractor where construction, repair or renovation is in progress, which shall be limited to one per property and shall not exceed 20 square feet.

Professional and trade nameplates and home business signs. Such signs may be illuminated by external light only and shall be limited to one per person or business.

Signs, which mark property boundaries, give directions for roads or trails; prohibit trespassing, hunting, fishing or off-road vehicles; or warn of hazards.

Signs giving the name of the residents of a dwelling or its address. Such signs may be illuminated by external light and shall be limited to one per dwelling.

(6)

Temporary signs, including banners, or pennants, relating to garage, lawn or other individual, nonrecurring sales, for the sale of produce grown or harvested by the property owner where the subject sign is located, or for a church bazaar, fund drive, parade, fair, firemen's field day or other event or undertaking conducted by a political, civic, religious, charitable or educational organization. Such temporary signs are not limited in size, can be displayed for no more than two months, and shall be removed within seven days after the termination of the activity being advertised. Temporary signs may not be mounted on trees within public rights-of-way and shall not be located so as to interfere with driver vision, pedestrian traffic, or any other traffic.

§ 425-29 Pools.

Any below-ground swimming pools, as defined by this chapter, shall be subject to the following requirements:

The swimming pool shall be enclosed on all sides by a security fence not less than four feet nor more than six feet in height. Such security fences shall be provided with a locking gate to prevent accidental entry.

§ 425-30 Fences and walls.

Fences and walls shall not exceed eight feet in height.

§ 425-31 Street frontage.

Every principal building shall be built upon a lot with a minimum of 20 feet of frontage upon a street improved to the minimum standards of the Town of Kingston. Such frontage shall provide actual physical access to and from the lot for emergency vehicle access.

§ 425-32 Special lot regulations.

Notwithstanding the limitations imposed by any other provision of this chapter, any substandard lot which exists at the first enactment of this chapter can be built upon. The minimum yard requirements shall be reduced in proportion to the size of the lot as compared to the minimum required for the district.

The requirements of Town Law § 265-a, requiring review of lots which are substandard at the time of the first enactment of this chapter within two years of such enactment, are specifically waived by this chapter, and no such review shall be required.

§ 425-33 MU-1 District design guidelines.

In reviewing applications for site plan review and special use permits in the MU-1 District, the Planning Board shall apply the following guidelines.

The number of access points to Route 28 shall be minimized.

Cross-connection of pedestrian and vehicle circulation ways between adjacent parcels shall be encouraged.

A strip of landscaped plantings shall be maintained along the Route 28 street edge.

Parking is encouraged to be located to the side or rear of buildings.

§ 425-34 Adult uses.

The Town of Kingston recognizes that adult uses, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances and in close proximity to one another, thereby having a deleterious effect upon the adjacent areas. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, thereby having a deleterious effect on the health, safety and general welfare of the Town and its inhabitants. The primary control or regulation is for the purpose of preventing a concentration of this use in any one area.

No adult use shall hereafter be located within 2,500 feet from the nearest property line of any residence, or any public, private or parochial school, library, park or playground, church, convent, monastery, synagogue or other place of worship. No adult use shall hereafter be located within 2,500 feet from the nearest property line of another adult use.

§ 425-35 Yard sales.

Household, garage, porch, yard or tag sales are allowed in any district, provided that no household, garage, porch, yard or tag sale be held in which items are displayed for sale for more than four consecutive days, nor for more than a total of eight days per calendar month.

§ 425-36 Kennels.

All kennels shall be located on parcels of at least five acres. All dog runs or other areas in which dogs are kept must be located at least 200 feet from any property line.

§ 425-37 Temporary sawmills.

Temporary sawmills are sawing machines, which may or may not be located within a temporary or permanent building set up for the purpose of sawing and milling lumber. Temporary sawmills must be set up and dismantled within 60 days of the date of issuance of a permit from the Code Enforcement Officer.

§ 425-38 Clear-cutting and grading.

Purpose and intent. It is the purpose of this section to prevent the clear-cutting and grading of lots except in association with an approved site plan.

Within all zoning districts, there shall be no clear-cutting or grading of more than two acres without first obtaining site plan approval. These activities may be subject to additional requirements of other regulating agencies.

§ 425-39 Temporary or transient commercial use.

Within the MU-1 or MU-2 Zoning District, temporary or transient commercial uses shall be allowed upon issuance of a building permit by the Code Enforcement Officer. Such commercial use shall not be approved for more than four consecutive days or for more than eight days in any one calendar month.

[Amended 4-15-2010 by L.L. No. 2-2010]

In determining whether to issue a permit, the Code Enforcement Officer will consider the following criteria:

Whether or not the use will interfere with traffic or pedestrian circulation.

Whether or not the use will adversely impact the public health, welfare or safety by virtue of its location or operational characteristics.

§ 425-40 Abandoned mobile homes.

Within any zoning district, any mobile home that has been abandoned for more than one year must be removed from the site.

§ 425-41 Junk vehicles.

There may not be more than two junk vehicles on any parcel or on any one contiguous ownership, in any district. Junk vehicles may not be stored or disposed of on vacant lands. This regulation does not apply to classic or historic cars as defined herein.

§ 425-42 Temporary accessory residence.

Legislative purpose. The Town Board of the Town of Kingston, as a matter of public policy, realizes that there are times within a family when, for the good of the family, individuals who are within a lineal degree of consanguinity to the occupant of a single-family house or employees or guests of the same, desire to live under the same roof but in independent distinguishable living quarters. It further realizes that the house may have to be structurally altered because of this occupancy. Therefore, it grants to the Code Enforcement Officer the power to grant the right of a homeowner to structurally alter the residence into a temporary two-family residence. It is not the intent of this section to permit applications to be granted where the permitted second living unit will be rented.

The following regulations and criteria must be followed by the Code Enforcement Officer when granting such applications:

The owner of the property, and not an agent of the owner, must apply for any application for a building permit to create a temporary accessory dwelling.

For each temporary accessory dwelling, there must be submitted a notarized statement that the owner is not to take any financial compensation in the form of rent for occupancy of the temporary accessory dwelling.

LAND APPLICATION FACILITY

A temporary accessory dwelling shall only be located in a residence which has more than 1,000 square feet and any temporary accessory dwelling shall not be more than one-third of the square footage of the primary dwelling. In addition, the entrance to the temporary accessory dwelling shall not be a separate and exclusive entrance to the exterior of the building. The entrance to the temporary accessory dwelling must be via a building entrance that serves both the principal dwelling and the temporary accessory dwelling. The entrance to the temporary accessory dwelling must also be from a living area in the primary dwelling. Any second entrance to the temporary accessory dwelling to the exterior shall only be permitted if it accesses a porch or deck that has no access to the ground. A temporary accessory dwelling shall not have separate utility meters or services from the street.

§ 425-42.1 Natural gas exploration and extraction.

[Added 6-1-2015 by L.L. No. 2-2015]

The Town Board of the Town of Kingston finds, declares and determines that 1) the exploration for natural gas, 2) the extraction of natural gas, and 3) the storage, transfer, treatment or disposal of natural gas and exploration and production wastes in the environment of the Town pose a significant threat to its residents' health, safety and welfare. If natural gas exploration and extraction or the storage, transfer, treatment or disposal of natural gas production wastes were to occur within the Town, these activities would endanger the health, safety and welfare of residents through the deposit of toxins into the environment. Clean air and water are essential to most resources and activities in the area. The quality of the air and the water will be degraded by natural gas exploration and extraction activities and/or the storage, transfer, treatment or disposal of natural gas exploration and production wastes. These activities and waste products may presently or, in the future, cause irreparable harm to Town residents' water supplies. This amendment is not directed at the regulatory scheme for the operation of natural gas wells under the Oil, Gas and Solution Mining Law of New York State. It only addresses the land use and nuisance concerns and the protection of the health, safety and welfare of the people of the Town of Kingston and the enhancement of its physical environment.

Definitions, as used in this section, the following terms shall have the meanings indicated:

ALTERNATIVE FUEL VEHICLE

Any vehicle powered by natural gas (NGV), compressed natural gas (CNG), liquefied natural gas (LNG), or propane (LPG).

INJECTION WELL

A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (that may or may not include semisolids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.

A site where any natural gas extraction, exploration or production wastes are applied to the soil surface or injected into the upper layers of soil.

NATURAL GAS

Methane and any gaseous substance, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

NATURAL GAS EXPLORATION ACTIVITIES

Geologic or geophysical activities related to the search for natural gas or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas or other subsurface hydrocarbon deposits.

NATURAL GAS EXTRACTION ACTIVITIES

The digging or boring of a well for the purposes of exploring for, developing or producing natural gas or other subsurface hydrocarbons, including, without limitation, any and all forms of hydraulic fracturing.

NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES

Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:

Below-regulatory-concern radioactive material, or any radioactive material that is not below regulatory concern but which is in fact not being regulated by an agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of natural gas or any related hydrocarbons;

Natural gas drilling fluids, including, but not limited to, hydraulic fracturing fluid;

Natural gas exploration, drilling, production or processing wastes;

(d)

Natural gas drilling treatment wastes (such as oils, fracturing fluids, produced water, brine, flowback, sediment and/or any other liquid or semiliquid material);

(e)

Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas;

(f)

Soil contaminated in the drilling, hydraulic fracturing (including but not limited to high-volume hydraulic fracturing), transportation, processing or refining of natural gas;

(g)

Drill cuttings from hydraulic fracturing and/or horizontal drilling for natural gas wells; or

(h)

Any other wastes associated with the exploration, drilling, production or treatment of natural gas. This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes that are not hazardous wastes" under 40 CFR 261.4(b).

The definition of "natural gas extraction, exploration or production wastes" does not include:

Recognizable and nonrecognizable food wastes; or

NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY

Waste generated by agriculture use.

Any of the following:

Tanks of any construction (metal, fiberglass, concrete, etc.);

Impoundments;

Pits;

Evaporation ponds; or

Other facilities, in any case used for the storage or treatment of natural gas extraction, exploration or production wastes that:

Are being held for initial use;

Have been used and are being held for subsequent reuse or recycling;

NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP

Are being held for treatment; or

(d)

Are being held for storage.

Land upon which natural gas extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.

NATURAL GAS PRODUCTION BY-PRODUCTS

Any refuse, sludge or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semisolid, or contained gaseous material that results from, is associated with or produced as a by-product of natural gas exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids or hydraulic fracturing fluids.

NATURAL GAS SUPPORT ACTIVITIES

The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas storage facility, or a natural gas gathering line, venting station, or compressor associated with the exploration or extraction of natural gas.

PIPELINE

All parts of those physical facilities through which gas, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right-of-way within the Town. This includes, without limitation, gathering lines, production lines, and transmission lines in connection with natural gas exploration activities and natural gas extraction activities.

UNDERGROUND NATURAL GAS STORAGE

Notwithstanding the foregoing definition, those pipelines that are exempt or otherwise excluded from regulation under federal and state laws regarding pipeline construction standards or reporting requirements, and specifically production lines, distribution lines and gathering lines, are not subject to regulation by this Code.

SOIL MINING

The use of land for the purpose of extracting and selling stone, sand, gravel or other minerals, and not including natural gas or oil exploration and extraction.

UNDERGROUND INJECTION

Subsurface emplacement of natural gas extraction, exploration or production wastes, including emplacement by or into an injection well.

Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities and pipelines.

Prohibited uses.

It shall be unlawful in or on any zoning district or any property within the boundaries of the Town to operate, conduct, commission, authorize, or permit, or produce natural gas exploration, exploration or production wastes, natural gas support activities, or storage or disposal of natural gas production by-products, natural gas extraction, exploration or production wastes dump. Nothing herein shall be deemed to prohibit soil mining or excavation as defined in this Code, unless such mining or excavation otherwise qualifies as a prohibited use under this section.