[HISTORY: Adopted by the Town Board of the Town of Niles 6-13-2013 by L.L. No.
1-2013. Amendments noted where applicable.]
This chapter shall be known as the "Natural Gas and Petroleum
Law for the Town of Niles."
This chapter is enacted pursuant to the authority and power
granted by the Constitution and laws of the State of New York, including
without limitation the Municipal Home Rule Law of the State of New
York, Articles 2 and 3.
The purpose of this chapter is to promote the protection, order,
conduct, safety, health, and well-being of the residents of Niles
and the lands that lie within the Town's border by prohibiting
any land within the Town of Niles to be used for the purposes of natural
gas and/or petroleum exploration or extraction and the associated
uses of land for outdoor factories and the heavy industrial uses associated
therewith, including treatment, storage, and transportation of natural
gas exploration and/or petroleum production wastes.
As used in this chapter, the following terms shall have the
meanings indicated:
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons.
The construction, use, or maintenance of a staging yard,
a water or fluid injection station, a water or fluid gathering station,
venting station, or compressor associated with natural gas and/or
petroleum exploration or natural gas and/or petroleum extraction,
or a structure or facility of any kind for the processing, transfer,
disposal or storage of any natural gas and/or petroleum exploration
and production materials or natural gas and/or petroleum production
wastes.
Any garbage, refuse, cuttings, sludge, flow-back fluids,
produced waters or other discarded materials, including solid, liquid,
semisolid, or contained gaseous material that results from or is associated
with the exploration, drilling or extraction of natural gas and/or
petroleum.
A.Â
No land in the Town shall be used to:
(1)Â
Conduct any natural gas and/or petroleum exploration or extraction;
(2)Â
Drill any well for natural gas;
(3)Â
Process or treat natural gas;
(4)Â
Engage in any natural gas and/or petroleum support activities;
(5)Â
Erect any derrick, building, or other structure for the purposes
of natural gas and/or petroleum exploration or conducting any natural
gas and/or petroleum support activities; or
(6)Â
Place any machinery or equipment for the purposes of natural gas
and/or petroleum exploration or conducting any natural gas and/or
petroleum support activities.
This chapter may be amended as provided by Town Law.
