Except as otherwise provided herein, general provisions set forth in this Article VI shall apply to land use and development in the Town of Fabius.
A.
Conformance. No land or building shall hereafter be used or occupied,
and no building shall hereafter be altered, or its use changed, unless
such action is in conformance with the regulations specified in this
chapter for the zoning district in which such action occurs.
B.
Lot in two districts. When a lot is divided by a district boundary
line, the regulations and requirements of either district may be extended
for a distance of 50 feet into the other district, at the lot owner's
discretion.
C.
Two uses in one structure. If a residential and a nonresidential
use are to be located in one structure, the applicable lot area, frontage
and yard setback requirements for the ground-floor use that faces
the road frontage of the property shall apply.
D.
Undersized lots. An existing small lot that does not meet the requirements
of this chapter at the time it is enacted may be used for any permitted
use in the district in which it is located if existing Health Department
and other permit requirements can be met.
E.
Drainageways. Natural drainageways shall be preserved and shall be
kept free of debris or other obstructions to water flow. Where relocation
of a natural drainageway cannot be avoided, it must be relocated in
a way that will assure the unobstructed flow of stormwater.
F.
Floodplains. No structure, facility or land fill shall be erected
or placed that would impede or change the direction of the flow of
water in a designated floodplain area, or that could catch or collect
floating debris, or be placed in such a way that the natural force
of floodwater could carry dislodged material downstream to damage
public or private property.
G.
Wetlands. Notwithstanding any other provisions of this chapter, and
particularly Schedule I hereof, to the contrary, construction or any
other development on any land in the Town of Fabius designated as
a wetland pursuant to Article 24 of the State Environmental Conservation
Law, shall be in accordance with provisions of the said Article 24
and other applicable state and federal wetland requirements.
H.
Excavations or deposits. Excavation for basements and foundations
as well as necessary filling and grading, including removal or deposit
of topsoil, gravel or rock, shall be a permitted activity on any lot
as part of a legal building permit for construction. Removal of topsoil,
sand, gravel or rock for other purposes is not permitted, except in
District A-1-2, while mining is permitted under a mining permit issued
by the DEC and is in full compliance of all terms of the permit, then
mining can be carried on in the district in the area permitted by
the DEC.
[Amended 10-15-2015 by L.L. No. 1-2015]
I.
Height limitations. The height limitations of this chapter shall
not apply to buildings used for agricultural purposes, church spires,
chimneys, flag poles; antennas, utility lines and similar structures
unless such structures are specifically controlled by the special
conditions or special use permit provisions of this chapter.
J.
SEQR requirements. No discretionary action required by this chapter
shall be taken until there has been compliance with applicable provisions
of 6 NYCRR Part 617 and an environmental determination of significance
has been made by the lead agency.
A.
Purpose. The purpose of this § 150-21 is to provide for Planning Board review of site plans for certain uses as indicated in Schedule I of this chapter. Such review is aimed at:
(1)
Conserving property values and visual quality as development and
change occurs.
(2)
Assuring that the development of individual parcels of land does
not have a significant adverse impact on adjacent properties or the
surrounding neighborhood.
(3)
Mitigating potentially negative impacts resulting from development
of environmentally sensitive features or areas.
B.
Standards for site plan review. Review of a site plan will be guided
by existing characteristics and conditions of the site and its surroundings
and by particular design objectives, if any, of the applicant. Unless
waived or modified by the Planning Board, each site plan for a proposed
use requiring site plan approval shall conform to the following general
standards:
(1)
Stormwater drainage and erosion control. Natural drainageways shall
be used to the fullest extent practicable and the amount of stormwater
drainage onto, or across, adjacent properties shall not be significantly
changed. Development on soils that may erode shall include a sediment
and erosion control plan.
(2)
Water and sewer facilities. The type and design of any proposed water
supply and sewage disposal system shall be approved by appropriate
jurisdictions.
(3)
Site lighting. Lighting to be used on a site or the exterior of a
building shall be installed so as to minimize glare on adjacent properties
and roads.
(4)
Off-site impacts. Potential off-site impacts such as noise, odor,
vibration or traffic shall be identified, and measures to mitigate
adverse impacts shall be considered.
(5)
Landscaping. Adequacy, type and location of trees, shrubs and other
landscaping proposed as a visual or sound buffer between the proposed
use and adjoining properties or roads shall be assessed and modified
as appropriate.
C.
Requirements for site plan review.
(1)
Each request for site plan review shall be submitted to the Planning
Board on forms provided by the Building and Zoning Officer. The site
plan shall contain the following information, as determined appropriate
by the Zoning Officer:
(a)
An identification map showing the location and orientation of
the proposed development relative to the local road system. A Tax
Map or USGS map is adequate for this purpose.
(b)
Gross acreage of the parcel to be developed.
(c)
Existing property lines, rights-of-way and names of adjacent
property owners, including on the opposite side of existing roads
serving the site. Tax records are suitable for this.
(d)
Indication of existing topography and drainage systems and any
significant changes to be made thereto as part of the proposed development.
(e)
The location of any designated wetlands and floodplains.
(f)
Proposed buildings or land uses, off-street parking areas, access
and egress drives, buffer strips (see definitions) or landscape screening
proposed; the general location and type of proposed site lighting
and any signs to be installed.
(g)
Proposed water source and location of any sewage disposal system.
(h)
A landscape plan, if any.
(2)
Any of the above application requirements may, on the applicant's
request, be waived by the Planning Board if circumstances warrant.
Also, the Board may request the applicant to provide additional information
when this is needed to make an informed judgment about the proposal.
D.
Procedure for site plan review. An applicant for site plan review
shall be processed by the following procedure:
(1)
Decision. The Planning Board shall make a decision on the application
within 62 days after the application has been received by the Building
and Zoning Officer. The time limit for decision may be extended by
mutual consent.
(2)
Referrals. At least 30 days before a decision is made by the Planning
Board, appropriate notice shall be mailed to the Onondaga County Planning
Agency as required by § 239-m of the General Municipal Law.
(3)
SEQR. Applicable requirements of 6 NYCRR Part 617 shall be followed
prior to a decision on application for site plan review.
(4)
Conditions. In approving an application for site plan approval, the
Planning Board may impose reasonable conditions and restrictions as
directly related to the proposed site plan. Any such conditions must
be met before a certificate of occupancy is issued by the Building
and Zoning Officer.
E.
In addition to the uses set forth in this chapter which require site
plan review, all uses permitted in Schedule I which require either
SC, permitted with special conditions, and/or SP, special use permit
needed, shall also require site plan review by the Planning Board
if not already required herein.
[Added 5-16-2011 by L.L.
No. 2-2011]
A.
Purpose. The purpose of imposing one or more conditions on an application
for a building or land use permit is to balance the applicant's
interest in developing the land and the Town's interest on minimizing
foreseeable adverse impacts of development.
B.
Applicability. No building or land use permit shall be issued for
any activity listed in Schedule I of this chapter as having special
conditions applicable thereto ("SC") until the Building and Zoning
Officer is satisfied that applicable conditions, as specified in this
section, have been met.
E.
Mobile home in A-1, A-2, R-1 and R-2 Districts. Permitted when:
(1)
Such mobile home is used as a dwelling by employees of an active
farm operation.
(2)
Such mobile home is being occupied while a permanent home is being
built or restored, for which work a building permit has been issued.
In such case, the mobile home shall be removed within 12 months of
the issuance of a certificate of occupancy for the construction.
[Amended 10-15-2015 by L.L. No. 1-2015]
F.
Roadside stand in A-1, A-2, R-1, R-2 and C-1 Districts. Permitted
when:
H.
Home occupation or business in all districts. Permitted when:
(1)
The use is located in a dwelling inhabited by the dwelling owner.
(2)
All activity related to such home occupation or business is conducted
inside the dwelling.
(3)
The business is operated by its owner and not more than three persons
who do not live in the dwelling.
(4)
The need for off-street parking can be satisfied by no more than
four side-by-side off-street parking spaces in addition to those required
by the residence.
[Amended 10-15-2015 by L.L. No. 1-2015]
(5)
The general appearance of the building and lot is compatible with
the surrounding neighborhood, except that one unlighted sign no larger
than six square feet in area may be provided.
[Amended 10-15-2015 by L.L. No. 1-2015]
(6)
The applicant demonstrates that no offensive noise, odor, smoke,
dust, heat, glare or electrical disturbance will normally be produced
by such business.
I.
J.
Commercial self-storage facility in A-2, C-1 and I-1 Districts. Permitted
when:
K.
Commercial stable in A-1 and A-2 Districts. Permitted when:
(1)
The minimum lot area for such use is five acres.
(2)
Structures used for the stabling of horses are located no closer
than 200 feet from the property line of an existing non-farm dwelling.
(3)
No outdoor storage of manure and bedding material is located less
than 200 feet from the property line of an existing non-farm dwelling.
L.
Kennel: animal boarding in A-1 and R-1 Districts. Permitted when:
(1)
In A-1 Districts, such facility is located on a lot that is at least
five acres in area and designed so that outdoor pens and exercise
runs are located at least 150 feet from the property line of an existing
non-farm residence.
(2)
In R-1 Districts, no outdoor pens or exercise runs are provided.
N.
Wind, solar and similar alternative energy sources in A-1 and A-2
Districts. Permitted when:
(1)
Energy produced by such a source is not generated primarily to be
used for commercial purposes.
(2)
Any structure required by such alternative energy source does not
rise more than 60 feet above the surrounding land.
(3)
No such energy source is located less than 200 feet from any adjacent
residential property.
(4)
Approval from the Town Board has been obtained.
O.
Signs in A-1, A-2, R-1, R-2, C-1 and I-1 Districts (see § 150-3, Definitions). Permitted when:
[Amended 10-15-2015 by L.L. No. 1-2015]
(1)
Such sign shall have a direct relationship to the activity or ownership
of the property on which it is located.
(2)
Such sign, whether freestanding or affixed to a building, does not
exceed an area of 32 square feet and a height of 12 feet unless affixed
to a building, and is located no less than 25 feet from any property
line.
(3)
If illuminated, such lighting shall not use neon illumination, shall
be nonflashing and shall not shine on adjacent property or roadways.
(4)
Also, see home occupation.
A.
Purpose. The purpose of this § 150-23 is to set forth supplemental regulations, procedures and conditions that shall apply to certain land uses specified in Schedule I as permitted only upon approval of a special use permit (SP). No building permit for such land uses shall be issued until the Building and Zoning Officer is satisfied that conditions and requirements set forth in this § 150-23 have been complied with or that such conditions and requirements have been waived by the Planning Board or that a variance has been duly granted by the Board of Appeals in accordance with the provisions of § 274-b, Subdivision 3, of Town Law.
B.
General requirements. Authorization for any special use permit shall be obtained from the Town Planning Board and shall be conditioned on provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate foreseeable detrimental effects on the land value and existing character of property in the surrounding area. To this end, before a special use permit can be authorized, the Planning Board shall determine, after a duly advertised public hearing, whether the following general requirements will be met, as well as any specific requirements that are set forth in § 150-23C. General requirements and findings applicable to all applications for a special use permit are:
(1)
That the land use or activity as proposed is generally compatible
with other property in the surrounding neighborhood and will not cause
substantial injury to the value of such property.
(2)
That the land use or activity as proposed will not result in excessive
uncontrolled erosion and will not increase the volume or velocity
of runoff onto abutting property.
(3)
That adequate off-street parking and loading is provided and ingress
and egress drives are so designed and located as to cause minimal
interference with traffic on abutting roads.
(4)
That glare, noise, vibration or electronic disturbance identified
as emanating from the proposed development can be mitigated.
C.
Specific requirements. In addition to the general requirements set forth in § 150-23B above, the following specific requirements are applicable to certain land uses that require a special use permit:
(1)
Dwelling: two-family or conversion of an of an existing dwelling
into two dwellings in A-1 and A-2 Districts. Requirements:
(a)
Occupancy of such converted dwellings shall be restricted to
farm workers and their families.
(2)
Agricultural, industrial or educational research in A-1 and A-2 Districts.
Requirements:
(4)
Convalescent home in R-1 District. Requirements:
(a)
Such facility must be licensed by the State of New York.
(b)
No principal building shall be located less than 50 feet from
any lot line of an adjacent lot.
(c)
Site lighting will not produce glare on adjacent property or
roads.
(d)
Landscaping is provided in accordance with conditions of site
plan approval.
(5)
Bed-and-breakfast in A-1, A-2, R-1, R-2 and C-1 Districts. Requirements:
(a)
Off-street parking areas are not located in front yards and
are no less than 20 feet from the property lien of an existing residence.
(b)
Access driveways intersect public roads at approximately 90°
and no driveway is located less than 50 feet from the intersection
of two public road right-of-way lines.
(c)
Landscaping is provided in accordance with conditions of site
plan approval.
(6)
Convenience (mini) mart in R-2, C-1 and I-1 Districts. Requirements:
(a)
No buildings or pump islands are located less than 50 feet from
the property line of an existing residence.
(b)
Lighting of buildings and the site is designed and installed
to prevent glare on adjacent lots and roads.
(c)
No paved area is less than five feet from any lot line.
(d)
Landscaping is provided in accordance with conditions of site
plan approval.
[Added 7-15-2013 by L.L.
No. 2-2013]
A.
Purpose; findings.
(1)
Purpose and intent. Pursuant to the statutory powers vested in the
Town of Fabius to regulate and control land use and to protect the
health, safety and welfare of its residents, the Town Board of the
Town of Fabius, after a significant study of the issues relating to
natural gas and oil extraction and/or exploration, adopts legislation
which prohibits within the Town of Fabius such activity and processes,
as well as any activity associated therewith or intending to support
such activity and process or activity in the Town of Fabius.
(2)
Legislative findings.
(a)
The Town Board of the Town of Fabius, Onondaga County, State
of New York is vested by the State of New York to regulate and control
land use within the Town of Fabius and this section is being enacted
pursuant to said powers.
(b)
On May 20, 2013 the Town of Fabius enacted Local Law No. 1 of
the year 2013 imposing a third moratorium, as set forth therein, on
the practice of activities related to the prohibition against natural
gas and/or petroleum extraction, exploration or production wastes.
Said moratorium was enacted for a period of seven months. Prior to
enacting Local Law No. 1 of the year 2013, the Town Board of the Town
of Fabius enacted Local Law No. 2 of the year 2012 and Local Law No.
1 of the year 2011, which also provided for moratoria on the above
practice.
(c)
As set forth in those moratoria, the Town Board was aware of
the controversy and concerns regarding the practice of activities
related to the prohibition against natural gas and/or petroleum extraction,
exploration or production wastes. The Town established a committee
in 2012 to advise the Town as to the possible impact of these practices.
Also, the Town Attorneys and the Town Supervisor and Board members
have attended numerous meetings, conferences and other events to gain
knowledge of this procedure and its possible effects on the Town and
also on the Comprehensive Plan previously enacted by the Board to
guide future development in the Town. Also, representatives of various
parties interested in this practice, both pro and con, have made presentations
to the Town Board, and also the Town has reviewed films on the subject,
visited sites in Pennsylvania where this practice is occurring, and
the Town Attorneys have attended a number of seminars on the subject.
The Town has also been monitoring the actions of New York State in
addressing this issue and the concerns raised on the state level both
by the Governor's office and the Department of Environmental
Conservation.
(d)
Also the Town is aware and concerned that natural gas and/or
petroleum extraction, exploration or production wastes may have a
detrimental and negative impact on the Town's infrastructure,
including, but not limited to, threats to the environment and natural
resources of water and air, threats to human health and safety, threats
to traffic safety and damage to the roadways.
B.
BELOW-REGULATORY CONCERN
GATHERING LINE or PRODUCTION LINE
INJECTION WELL
LAND APPLICATION FACILITY
NATURAL GAS
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DISPOSAL/STORAGE FACILITY
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES DUMP
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
NATURAL GAS COMPRESSION FACILITY
NATURAL GAS PROCESSING FACILITY
NONREGULATED PIPELINES
PERSON
PIPELINE
RADIATION
RADIOACTIVE MATERIAL
SUBSURFACE
TRANSMISSION LINE
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR § 20.1003),
but which is below the regulation threshold established by any regulatory
agency otherwise having jurisdiction over such material in the Town.
Any system of pipelines (and other equipment, such as drip
stations, vent stations, pigging facilities, valve boxes, transfer
pump station, measuring and regulating equipment, yard and station
piping, and cathodic protection equipment), used to move oil, gas,
or liquids from a point of production, treatment facility or storage
area to a transmission line, which is exempt from the Federal Energy
Regulatory Commission's jurisdiction under Section 1(b) of the
Natural Gas Act, and which does not meet the definition of a "major
utility transmission facility" under the Public Service Law of New
York, Article 7, § 120(2)(b).
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension of the hole, through which fluids
(which may or may not include semi-solids) are injected into the subsurface
and less than 90% of such fluids return to the surface within a period
of 90 days.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
Methane and any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth
and which maintains a gaseous or rarefied 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 the search for
natural gas, petroleum or other subsurface hydrocarbons, including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including, without limitation, any and all forms of
shale fracturing.
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Below-regulatory concern radioactive material, or any radioactive
material which is not below-regulatory concern, but which is in fact
not being regulated by the regulatory agency otherwise having jurisdiction
over such material in the Town, whether naturally occurring or otherwise,
in any case relating to, arising in connection with, or produced by
or incidental to the exploration for, the extraction or production
of, or the processing, treatment, or transportation of, natural gas,
petroleum, or any related hydrocarbons;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or
processing wastes;
Natural gas or petroleum drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semi-liquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas or petroleum;
Soil contaminated in the drilling, transportation, processing
or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas or petroleum.
This definition specifically intends to include some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 CFR § 261.4(b). The definition of "natural
gas and/or petroleum extraction, exploration or production wastes"
does not include:
Any of the following:
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes, or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
Any one or more of the following:
Natural gas compression facility;
Natural gas processing facility;
Natural gas and/or petroleum extraction, exploration or production
wastes disposal storage facility;
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
Land application facility;
Nonregulated pipelines;
Underground injection; or
Underground natural gas storage.
Those facilities or combination of facilities that move natural
gas or petroleum from production fields or natural gas processing
facilities in pipelines or into storage; the term shall include equipment
for liquids separation, natural gas dehydration, and tanks for the
storage of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other non-methane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams."
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
Any individual, public or private corporation for profit
or not-for-profit, association, partnership, limited-liability company,
limited-liability partnership, firm, trust, estate, and any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
All parts of those physical facilities through which petroleum,
gas, hazardous liquids, or chemicals move in transportation (including
pipes, valves and other equipment and appurtenances attached to pipes
and other equipment, such as drip stations, vent stations, pigging
facilities, valve boxes, transfer pump stations, measuring and regulating
equipment, yard and station piping and cathodic protection equipment)
whether or not laid in public or private easement or private right-of-way
within the Town. This term includes, without limitation, gathering
lines, production lines, and transmission lines.
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
a mechanical or other man-made process. Such material is "radioactive
material" for purposes hereof, whether or not it is otherwise exempt
from licensing and regulatory control pursuant to the New York State
Department of Labor, the United States Nuclear Regulatory Commission,
the United States Environmental Protection Agency, the United States
Department of Energy, the United States Department of Transportation,
or any other regulatory agency.
Below the surface of the earth, or of a body of water, as
the context may require.
A pipeline that transports petroleum, natural gas, or water
to end users as a public utility and which is subject to regulation
either by:
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
C.
Prohibited uses.
(1)
Explicitly prohibited uses.
(a)
Without limiting the generality of the statements elsewhere
in this chapter that uses not set forth on Schedule I are not allowed
uses in the Town, 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 or
erected, and no body of water, land or building thereon shall be used,
for any of such uses or activities:
[1]
Land application facility;
[2]
Natural gas and/or petroleum exploration activities;
[3]
Natural gas and/or petroleum extraction activities;
[4]
Natural gas and/or petroleum exploration, Extraction or production
wastes disposal/storage facility;
[5]
Natural gas and/or petroleum exploration, extraction or production
wastes dump;
[6]
Natural gas compression facility;
[7]
Natural gas processing facility;
[8]
Underground injection; and
[9]
Underground natural gas storage.
(b)
Any condition caused or permitted to exist in violation of this Article VI, § 150-24, 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 section as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this section as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
(2)
Prohibition against natural gas and/or petroleum exploration, Extraction
or production wastes.
(a)
The Town of Fabius hereby exercises its authority and right
under New York Environmental Conservation Law § 27-0711
to adopt a local law that is consistent with the Environmental Conservation
Law Article 27, such consistency demonstrated by the fact that this
chapter complies with at least the minimum applicable requirements
set forth in such statute, and the rules and regulations promulgated
pursuant to said Article 27.
(b)
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 exploration, extraction or production wastes.
(3)
No application to customary local distribution lines, etc. The prohibitions set forth above in Article VI, § 150-24C(1), are not intended, and shall not be construed to:
(a)
Prevent or prohibit the right to use roadways in commerce or otherwise
for travel;
(b)
Prevent or prohibit the transmission of natural gas through utility
pipes, lines or similar appurtenances for the limited purpose of supplying
natural gas to residents of or buildings located in the Town; or
(c)
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 farm, residential, business, commercial,
and other uses within the Town.
D.
Severability. If any word, phrase, sentence, part, section, subsection,
or other portion of this section, or the application thereof to any
person or to any circumstance, is adjudged or declared invalid or
unenforceable by a court or other tribunal of competent jurisdiction,
then, and in such event, such judgment or declaration shall be confined
in its interpretation and operation only to the provision of this
section that is directly involved in the controversy in which such
judgment or declaration is rendered, and such judgment or declaration
of invalidity or unenforceability shall not affect or impair the validity
or enforceability of the remainder of this section or the application
hereof to any other persons or circumstances. If necessary as to such
person or circumstances, such invalid or unenforceable provision shall
be and be deemed severed herefrom, and the Town Board of the Town
hereby declares that it would have enacted this section, or the remainder
thereof, even if, as to particular provisions and persons or circumstances,
a portion is severed or declared invalid or unenforceable.
E.
Effective date of this section. This section shall be effective upon
filing with the office of the Secretary of State.
