[HISTORY: Adopted by the Town Board of the Town of Forestburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-2012 by L.L. No. 2-2012[1]]
[1]
Editor's Note: The local law also stated "Please take
notice to the extent that this local law may conflict with applicable
portions of the Town Law of the State of New York, it is the stated
intention of the Town to exercise its authority to supersede and amend,
as granted under the Municipal Home Rule Law of the State of New York,
Section 10. The Town hereby provides notice that it is exercising
its authority to supersede and amend pursuant to Municipal Home Rule
Law of the State of New York Section 22."
This article is enacted by the Town Board of the Town of Forestburgh
to:
A.
Protect and preserve the Town's rural and residential character.
B.
Protect the quality of the Town's air, water and other natural
resources.
C.
Promote the health, safety, and welfare of the Town and its residents
by protecting them from the nuisance and negative impacts that could
result if any of the prohibited uses contained herein are permitted
within the Town.
D.
Protect the Town's unique character, the preservation of which
is of significant value to the residents of the Town by protecting
it from the impacts that could result from any of the prohibited uses
contained herein.
E.
Protect the Town's historic, recreational, and tourist attractions
from the impacts that could result from any of the prohibited uses
contained herein.
This article is adopted pursuant to the authority granted to
the Town Board under the New York State Constitution, and the laws
of the State of New York, including, but not limited to, the following
authorities:
As used in this article, 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 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.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum, or other hydrocarbons.
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 or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
A.
The following uses and activities are expressly and explicitly prohibited
in any zoning district within the Town, and no building structure
shall be created, altered, or erected, and no land or building thereon
shall be used, for any of such uses or activities:
(1)
Natural gas and/or petroleum exploration activities.
(2)
Natural gas and/or petroleum extraction activities.
(3)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility.
(4)
Natural gas and or petroleum extraction, exploration or production
wastes dump.
(5)
Natural gas compression facility.
(6)
Natural gas processing facility.
(7)
Nonregulated pipeline.
(8)
Underground injection.
(9)
Underground natural gas storage.
(10)
Injection well.
(11)
Production, storage, injection, discharge, disposal release,
or maintenance any natural gas and/or petroleum extraction, exploration
or production wastes.
(12)
The use of brine and any other byproducts of hydraulic fracturing
for any purpose.
B.
Any condition caused or permitted to exist in violation of this section
is a threat to public health, safety and welfare, and is hereby declared
and deemed to be a nuisance.
