[HISTORY: Adopted by the Town Board of the Town of Cato as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 76.
[Adopted 8-5-2014 by L.L.
No. 2-2014]
This article shall be known as the "Moratorium on Horizontal
and Directional Gas Drilling and Hydraulic Fracturing in the Town
of Cato."
A.
It is the purpose of this article to prevent serious detrimental
health and environmental effects posed by the practices of horizontal
or directional gas drilling and hydraulic fracturing, also known as
"hydro-fracking," which could threaten the Town of Cato through potential
contamination of aquifers and fresh water supply, the use of massive
quantities of water, the disposal of the fracking fluids, the release
of chemicals used in the processes and the impact upon local landscapes
which could result in the degradation of the Town's significant
environmental, natural, aesthetic and agricultural resources as well
as to the Town's infrastructure. It is the further purpose of
this article to enable the Town to have sufficient time to draft and
enact a local law regulating the practices of horizontal or directional
gas drilling and hydraulic fracturing within the Town.
B.
The Town Board is aware that a moratorium for an extended period
is not generally advisable; however, not only is the issue of hydro-fracking
unique, the issue as to the manner in which activity should be regulated
in the Town of Cato, in the State of New York and throughout the northeastern
United States is an ongoing matter of great concern and controversy.
C.
The Town Board is desirous of utilizing an extended moratorium period
to continue to monitor and review state legislation, legislation of
other towns and municipalities relating to this subject and gathering
the continuing mass of information that is becoming available on this
subject; including possible legislative language for towns as suggested
by experts in the field. Particularly, not being aware what action
may be taken by the State of New York, the Town Board wants to have
sufficient additional time to put appropriate legislation in place.
D.
It is noted that at this point there are no applications for hydro-fracking
pending in the Town, nor do there appear to be any potential applicants.
Therefore, there does not appear to be any person or party substantially
prejudiced by this moratorium at this time. Nonetheless, the Town
Board determines that while the review and monitoring of and in consideration
of the significant environmental issues surrounding the hydro-fracking
process and its potentially permanent and irreversible consequences,
a moratorium on hydro-fracking is appropriate and necessary in order
to preserve the status quo until the new regulations can be adopted.
As used in this article, the following terms shall have the
meanings indicated:
Town of Cato Code Enforcement Officer.
The practice of digging a well, first, down vertically to
a depth above the target gas-bearing rock formation, then, on a curve
so that the hole is drilled horizontally or at an angle within the
gas-bearing rock.
The practice of pumping a fluid and a propping material,
typically composed of sand or other chemicals, down a well under high
pressure to create fractures in gas-bearing rock.
Town of Cato Planning Board.
Town of Cato, Cayuga County, New York.
Town of Cato Town Board.
A.
The Town Board hereby enacts a moratorium which shall prohibit the
review, approval or creation of any new wells, projects or businesses
involving the practices of horizontal or directional drilling or hydraulic
fracturing (hydro-fracking) anywhere within the Town as well as a
moratorium on any activity associated therewith or intending to support
such process including the establishment, implementation, placement
or construction of such practice in the Town.
B.
This moratorium shall be in effect until the enactment by the Town
Board of a resolution indicating the Town Board is satisfied that
the need for the moratorium no longer exists.
C.
This moratorium shall apply to all real property within the Town.
D.
Pursuant to this moratorium, the Planning Board shall not review
any applications for any new wells, projects or businesses involving
the practices of horizontal or directional drilling or hydraulic fracturing
(hydro-fracking) and shall not grant any preliminary or final site
plan approval to any property on which is intended to have on it any
well, project or business involving the practices of horizontal or
directional drilling or hydraulic fracturing (hydro-fracking) within
the Town.
E.
Pursuant to this moratorium, the Code Enforcement Officer shall not
issue building permits for the construction of any well involving
the practices of horizontal or directional drilling or hydraulic fracturing
(hydro-fracking) anywhere within the Town.
F.
Pursuant to this moratorium, no applications for variances, special
use permits or other approvals involving any new wells, projects or
businesses involving the practices of horizontal or directional drilling
or hydraulic fracturing (hydro-fracking) shall be processed or granted.
Any person, firm, entity or corporation which shall violate
the provisions of this article shall be subject to:
A.
Such penalties as may otherwise be provided for by resolution of
the Town Board from time to time, not to be less than $250 for each
day that such violation exists; and
B.
Injunctive relief in favor of the Town to cease any and all such
actions which conflict with this article and, if necessary, to remove
any construction or improvements which may have been built in violation
of this article.
A.
Should any owner of property affected by this article suffer an unnecessary
hardship in the way of carrying out the strict letter of this article,
then the owner of said property may apply to the Town Board of the
Town in writing for a variation from the strict compliance with this
article upon submission of proof of such unnecessary hardship.
(1)
For the purposes of this article, unnecessary hardship shall not
be mere delay in being permitted to make an application or waiting
for a decision on the application for a variance, special use permit,
site plan or other permit during the period of the moratorium imposed
by this article.
B.
Procedure. Upon submission of a written application to the Town Clerk
by the property owner seeking a variation of this article, the Town
Board shall, within 30 days of receipt of said application, schedule
a public hearing on said application upon five days' written
notice in the official newspaper of the Town. At said public hearing,
the property owner and any other parties wishing to present evidence
with regard to the application shall have an opportunity to be heard,
and the Town Board shall, within 30 days of said public hearing, render
its decision either granting or denying the application for a variation
from the strict requirements of this article. If the Town Board determines
that a property owner will suffer an unnecessary hardship if this
article is strictly applied to a particular property, then the Town
Board shall vary the application of this article to the minimum extent
necessary to provide the property owner relief from strict compliance
with this article.
