The Town Board has heretofore made certain findings, determinations, and declarations relative to the matters set forth in this Article X, and a copy of the text of such findings, determinations, and declarations is set forth at Section C of Appendix A attached hereto.[1]
[1]
Editor's Note: Appendix A is attached to this chapter.
The purposes and legislative intent underlying the Town Board's passage of this Article X are set forth at Section D of Appendix A attached hereto.[1]
[1]
Editor's Note: Appendix A is attached to this chapter.
The Town Board adopts this Article X pursuant to the authority described at Section E of Appendix A attached hereto.[1]
[1]
Editor's Note: Appendix A is attached to this chapter.
A.
The following uses and activities are expressly and explicitly prohibited
in each and every zoning district within the Town, and no building
or structure shall be created, altered or erected and no body of water,
land or building thereon shall be used for any of such uses or activities:
(1)
High-density industrial cattle, swine, or fowl production.
(2)
Industrial use, except for approved light-impact industrial use.
(3)
Junkyard.
(4)
Land application facility.
(5)
Large-scale water use.
(6)
Mining, except for approved lesser scope mineral extraction.
(7)
Natural gas and/or petroleum exploration activities.
(8)
Natural gas and/or petroleum extraction activities.
(9)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility.
(10)
Natural gas and/or petroleum extraction, exploration or production
wastes dump.
(11)
Natural gas compression facility.
(12)
Natural gas processing facility.
(13)
Nonregulated pipelines.
(14)
Wind energy facilities, except for approved small wind energy
facilities.
(15)
Underground injection.
(16)
Underground natural gas storage.
B.
Any condition caused or permitted to exist in violation of this § 250-74 is a threat to public health, safety and welfare and is hereby declared and deemed to be a nuisance. Collectively, the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses"; any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use"; and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
A.
The Town of Lumberland hereby exercises its authority and right under
New York State Environmental Conservation Law § 27-0711
to adopt a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
chapter complies with "at least the minimum applicable requirements"
set forth in such statute and the rules and regulations promulgated
pursuant to said Article 27.
B.
It shall be unlawful for any person to produce, store, inject, discard,
discharge, dispose, release or maintain, or to suffer, cause or permit
to be produced, stored, injected, discarded, discharged, disposed,
released or maintained, anywhere within the Town, any natural gas
and/or petroleum extraction, exploration or production wastes.
