The lawful use of any land or building existing
at the time of the adoption of this chapter may be continued, although
such use does not conform with the provisions of this chapter, and
any such building may be reconstructed or structurally altered and
the nonconforming use therein changed, subject to the following regulations.
[Added 2-5-2013 by L.L. No. 1-2013]
A. Notwithstanding any provision of this chapter to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Village as of the effective date of this §
293-30.1, shall be subject to the following:
(1)
If, as of the effective date of this §
293-30.1, substantive natural gas and/or petroleum extraction activities are occurring in the Village, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections
B and
C of this §
293-30.1.
(2)
Natural gas and/or petroleum extraction activities that are being conducted in the Village as of the effective date of this Local Law No. 1-2013 and which do not qualify for treatment under the preceding Subsection
A(1) of this §
293-30.1 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
B. Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this Local Law No. 1-2013 by virtue of Subsection
A(1) of this §
293-30.1, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering rights") of or relating to such activity shall terminate.
C. Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection
A(1) of this §
293-30.1 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this Local Law No. 1-2013. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection
A(1) of this §
293-30.1.