[HISTORY: Adopted by the Town Board of the Town of Canandaigua 2-10-2014 by L.L. No.
1-2014.[1] Amendments noted where applicable.]
The purpose of this chapter is to protect the health, safety,
welfare, and property of the residents of the Town of Canandaigua
as well as the Town's public resources by prohibiting land uses
related to the exploration for, extraction of and storage of natural
gas, petroleum and similar hydrocarbon-based resources, which are
inconsistent with the character of the Town and its adopted plans,
and the effects of which would constitute a significant detriment
to public health and safety if not prohibited.
The Town Board of the Town of Canandaigua is vested by the State
of New York to regulate and control land use within the Town and to
protect the health, safety, and welfare of its residents. The Board
hereby finds the following:
A.
Land uses related to the extraction and storage of natural gas, petroleum
and similar hydrocarbon-based resources as defined in this chapter
would be incompatible with existing land uses and the Town's
adopted plans:
(1)
Incompatibility with Comprehensive Plan and supplement.
(a)
The Town of Canandaigua is a rapidly growing but still predominantly
rural community, which takes great pride in its small-town character,
agrarian culture, and history. The Town's 2005 Comprehensive
Plan and 2011 Comprehensive Plan Supplement express the Town's
priority to protect its rural character and beauty by safeguarding
its natural, scenic, historic and cultural resources and promoting
growth that is complementary to existing land use patterns. Specifically,
the plans include the following goals:
[1]
2005 Plan: Ensure the protection of the Town's important
natural resources and, in particular, the water quality and scenic
quality of Canandaigua Lake.
(b)
Furthermore, a goal statement under the category of "Economic
Development" in the 2011 Supplement demonstrates that decisions regarding
future growth must be tempered by the need to protect the Town's
existing resources: "2. Maximize opportunities for large and small-scale
commercial development within the Town without compromising the Town's
natural, scenic, cultural and historic resources."
(2)
Land uses related to the extraction and storage of natural gas, petroleum
and similar hydrocarbon-based resources are heavy industrial uses
and characterized by the following: the production of dust, noxious
fumes, and other air emissions; visible landscape impairment and fragmentation;
glaring nighttime illumination during various phases of production;
persistent heavy truck traffic that can damage and impair the function
of local roads; and loud and unpleasant noises created by establishment
of extraction and storage facilities and related truck traffic.
(3)
Through adopted plans, local law updates and other initiatives, the
Town of Canandaigua has long maintained very high standards for protection
of water quality and the natural environment that forms the foundation
of our much coveted small-town community character. Existing and proposed
New York State regulations will not mitigate the impacts of oil-and-gas-extraction-related
land uses, particularly those related to noise, dust, light, heavy
truck traffic and the increased demand for a wide range of public
services, in a way that meets these standards.
(4)
As such, land uses related to the extraction and storage of natural
gas, petroleum and similar hydrocarbon-based resources threaten the
predominantly rural, agricultural, and residential character of the
Town and are plainly inconsistent with the Town's adopted plans
for land use and development.
B.
Land uses related to the extraction and storage of natural gas, petroleum
and similar hydrocarbon-based resources as defined in this law would
constitute a nuisance and a threat to the Town's natural resources
as well as the health, safety, comfort and general welfare of its
residents:
(1)
The community character effects resulting from land uses related to the extraction and storage of natural gas, petroleum and similar hydrocarbon-based resources described in Subsection A of this section would interfere with the use and enjoyment of private lands within the Town.
(2)
In addition, the effects resulting from this category of land uses
present a significant risk of irreparable damage to the Town, the
property of its residents, and its invaluable public resources, such
as clean air and clean water. Any spills of chemicals and wastewater,
blowouts, leaking wells, and other environmental accidents would be
likely to result in the destruction of public and private property
and the contamination of local water resources. The long-term consequences
and risks of these land uses, such as the possibility of underground
migration of contaminants and well integrity failures, are as yet
unknown and may also present a significant threat to local property
and resources, including Canandaigua Lake, which is the primary source
of drinking water for more than 60,000 people around the region.
(3)
Accordingly, the Town Board determines that oil-and-gas-extraction-related
land uses would constitute a nuisance within the Town's rural
context and an unacceptable threat to public health, safety, and welfare.
