A.
Prohibited uses.
(1)
The following uses and activities are hereby expressly and explicitly
prohibited in each and every zoning district within the Town, and
no building or structure shall be created, altered, erected, and no
body of water, land or building thereon shall be used, for any of
such uses or activities:
(a)
Land application facility;
(b)
Natural gas and/or petroleum exploration activities;
(c)
Natural gas and/or petroleum extraction activities;
(d)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(e)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(f)
Natural gas compression facility;
(g)
Natural gas processing facility;
(h)
Nonregulated pipelines;
(i)
Underground injection; and
(j)
Underground natural gas storage.
(2)
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. 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 "expressly prohibited
uses."
B.
Prohibition against natural gas and/or petroleum extraction, exploration
or production wastes.
(1)
The Town of LaFayette hereby exercises its authority and right under
NYECL § 27-0711 to adopt local legislation that is consistent
with the Environmental Conservation Law Article 27, such consistency
demonstrated by the fact that this section complies "with at least
the minimum applicable requirements" set forth in such statute, and
the rules and regulations promulgated pursuant to said Article 27.
(2)
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.
C.
No application to customary local distribution lines, etc. The prohibitions
set forth above in this section are not intended, and shall not be
construed to:
(1)
Prevent
or prohibit the right to use roadways in commerce or otherwise for
travel;
(2)
Prevent
or prohibit transmission lines or the transmission of natural gas
through utility pipes, lines or similar appurtenances for the limited
purpose of supply natural gas to residents of or buildings located
in the Town; or
(3)
Prevent
or prohibit the incidental or normal sale, storage or use of lubricating
oil, heating oil, gasoline, diesel fuel, kerosene or propane in connection
with legal agricultural, residential, business, commercial and other
uses within the Town.
D.
Preexisting, legal nonconforming natural gas and/or petroleum extraction
activities.
(1)
Notwithstanding any provision of the Town of LaFayette Zoning Code
to the contrary, any natural gas and/or petroleum activities that
are being conducted in the Town as of the effective date of this section
shall be subject to the following:
(a)
If, as of the effective date of this section, substantive natural gas and/or petroleum activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation all valid permits required to be issued by the New York State Department of Environmental Conservation (DEC) and all other regulating agencies for such activities, then and only then shall such activity be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however to the provisions of Subsections B and C of this section.
(b)
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this chapter and which do not qualify for treatment under the preceding clause shall not be grandfathered, and shall in all respects be prohibited as contemplated by Subsection D(1) of this section.
(2)
Upon the depletion of any well which is allowed to remain in operation after the effective date of this chapter by virtue of Subsection D(1) of this section, or upon any other substantive cessation of natural gas and/or petroleum activities (otherwise grandfathered by virtue of Subsection D(1) of this section for a period of more than 12 months, then and in such event the nonconforming use status of such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by Subsection A of this section.
(3)
Notwithstanding any provisions hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection D(1) of this section is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this amendatory chapter. Any expansion or attempted or purported expansion shall not be grandfathered under Subsection D(1) of this section, and instead shall in all respects be prohibited as contemplated by Subsection A of this section.
