Defined terms applicable to this §
345-38. For purposes of this §
345-38, the following terms shall have the meanings respectively set forth below:
AGRICULTURE USE
Land used for the production of crops and/or livestock and
livestock products (as those terms are defined at § 301
of the New York State Agriculture and Markets Law).
DUMP
The use of real property operated without a permit or other
governmental authorization for the disposal of any type of waste,
including solid waste, garbage, or trash in which such unwanted materials
are deposited, disposed, discharged, injected, placed, buried or discarded
without intention of further use.
GAMBLING
A use devoted to the wagering of money or something of material value on a contest of chance or a future contingent event not under the control or influence of those making wagers, upon an agreement or understanding that those making wagers will receive something of value in the event of a certain outcome. Notwithstanding the forgoing definition, gambling shall not include any lottery operated by the State of New York and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the Legislature or any use as may be authorized in accordance with Chapter
97 of the Code, entitled "Bingo," or Chapter
186 of the Code, entitled "Games of Chance."
GATHERING LINE or PRODUCTION LINE
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve box, 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).
HAZARDOUS WASTE
Shall have the meaning set forth at New York Environmental
Conservation Law § 27-0901(3).
HAZARDOUS WASTE LANDFILL
The use of real property pursuant to a permit issued by the
governmental authority with jurisdiction over its operation as a site
for the disposal of hazardous waste through burial or where such wastes
are applied to the soil surface or injected into the upper layer of
the soil.
HIGH-IMPACT USES
(1)
The following uses and activities are specifically declared
and defined to be high-impact uses:
(a)
Waste-to-energy facilities;
(c)
Industrial or manufacturing processes engaged in the production of any products classified under the following North American Industry Classification (NAIC) 2007 system code numbers: veneer, plywood and engineered wood product manufacturing (3212), except for truss manufacturing (321214), which shall not be included as a high-impact use; pulp, paper and paperboard manufacturing (3221); petroleum and coal manufacturing (3241); basic chemical manufacturing (3251); pesticide, fertilizer and other agricultural chemical manufacturing (3253); other chemical products and preparation manufacturing (3259); clay product and refractory manufacturing (3271); glass and glass product manufacturing (3272); cement and concrete manufacturing (3273); lime and gypsum manufacturing (3274); other nonmetallic mineral product manufacturing (3279); iron steel mills and ferroalloy manufacturing (3311); steel product manufacturing from purchased steel (3312); alumina and aluminum production and processing (3313); nonferrous metal (not alum) production and processing (3314); foundries (3315); resin, synthetic rubber, and artificial synthetic fibers and filaments manufacturing (3252); rubber products manufacturing (3262); and leather and allied product manufacturing (3161); provided, however, that notwithstanding the foregoing, manufacturing or industrial processes classified under NAIC system code numbers pottery, ceramics, and plumbing fixture manufacturing (32711); vitreous china, fine earthenware, and other pottery product manufacturing (327112); other pressed and blown glass and glassware manufacturing (327212); glass product manufacturing made of purchased glass (327215); and leather and hide tanning and finishing (316110) shall not be considered a high-impact use if the total number of full and/or part-time employees does not exceed five persons engaged in the manufacturing or industrial process in question and the use is not otherwise a high-impact use as defined in Subsection
(1)(d) below; and
(d)
Any other use likely to have a significant negative impact upon
the environment; or cause or significantly contribute to an increase
in mortality; or an increase in serious irreversible, or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health due to the nature of its operation, materials used
and/or wastes generated. Any use requiring a permit from a state or
federal governmental agency, which permit would allow for the discharge,
storage, transport, disposal, or release of contamination, shall be
evidence of a high-impact use, as determined by the type and volume
of contamination. High-impact uses include those uses which have associated
therewith any detrimental or obnoxious noise, vibration, smoke, odors,
dust, heavy truck traffic, toxic or hazardous raw materials or hazardous
wastes, and/or contamination.
(2)
For purposes of this chapter, any use, other than a manufacturing use that is defined as a high-impact use by operation of Subsection
(1)(d), above, shall not be deemed a high-impact use if it is any of the following:
(b)
Any use that is specifically articulated in this chapter as
allowed by right (within an appropriate zoning district) as a principal
permitted or accessory use;
(c)
Any use that is specifically articulated in this chapter as
allowed (within an appropriate district) as a principal permitted
or accessory use by special use permit; or
(d)
Any use that is specifically articulated in the Town Code as
a permissible use pursuant to a permit issued by the Town and that
said use is conducted within an appropriate zoning district.
INJECTION WELL
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, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
90% or more of such fluids do not return to the surface within a period
of 90 days. The definition of injection wells does not include:
(1)
Any on-site wastewater treatment system, as that term is defined at §
257-46 of the Town Code;
(2)
Drainage wells, swales, or ditches used to drain surface fluids,
primarily storm runoff, into the ground;
(3)
Geothermal wells associated with the recovery of geothermal
energy for heating or production of electric power;
(5)
Bore holes drilled to produce potable water to be used as such.
LAND APPLICATION FACILITY
A site where any hazardous wastes or natural gas and/or petroleum
extraction, exploration or production wastes are applied to the soil
surface or injected into the subsurface.
NATURAL GAS
Methane or any other 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.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
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, 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.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
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.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTES
(1)
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:
(a)
Radioactive material spoils;
(b)
Crude oil or natural gas drilling fluids;
(c)
Crude oil or natural gas exploration, drilling, production or
processing wastes;
(d)
Crude oil or natural gas drilling treatment wastes (such as
oils, frac fluids, produced water, brine, flowback, sediment and/or
any other liquid or semiliquid material);
(e)
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of crude oil or natural gas;
(f)
Soil contaminated in the drilling, transportation, processing
or refining of crude oil or natural gas;
(g)
Drill cuttings from crude oil or natural gas wells; or
(h)
Any other wastes associated with the exploration, drilling,
production or treatment of crude oil or natural gas.
(2)
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).
(3)
The definition of natural gas and/or petroleum extraction, exploration
or production wastes does not include animal manure and/or recognizable
and nonrecognizable food wastes, waste generated by agriculture use,
or waste generated by a public utility facility.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTE DISPOSAL/STORAGE FACILITY
Any of the following: tanks of any construction (metal, fiberglass,
concrete, etc.); impoundments; pits; evaporation ponds; or other facilities,
in any case used for the storage or treatment of natural gas and/or
petroleum extraction, exploration or production wastes that are being
held for initial use, have been used and are being held for subsequent
reuse or recycling, are being held for treatment, or are being held
for storage.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION
WASTE DUMP
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.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination of facilities that move natural
gas or oil 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.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane 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.
NONREGULATED PIPELINES
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. Notwithstanding the foregoing, nonregulated
pipelines are not intended, and shall not be construed, to 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 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 any legal residential, business, commercial, or other uses within
the Town, including any agriculture use, so long as such uses do not
involve any natural gas and/or petroleum exploration activities, or
natural gas and/or petroleum extraction activities.
PIPELINE
All parts of those physical facilities through which petroleum,
natural gas, other gaseous substances, 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.
PUBLIC UTILITY
An enterprise that provides electric, gas, steam, telephone
service, water or sewerage directly to the general public. For purposes
hereof, a public utility is an entity which operates as a monopoly,
and whose rates charged to customers are established by a utility
commission.
PUBLIC UTILITY FACILITY
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, regulated pipelines,
pumping stations, repeaters, antennas, transmitters and receivers,
valves, owned and operated by a public utility and relating to the
furnishing of utility services to the public by that public utility.
RADIOACTIVE MATERIAL
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process.
RADIOACTIVE MATERIAL SPOILS
Radioactive material consisting of drill spoils or soil produced
through the excavation or drilling of land and related 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.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
SUBSURFACE
Below the surface of the earth, or of a body of water, as
the context may require.
TRANSMISSION LINE
A pipeline that transports oil, gas, or water to end users
as a public utility and which is subject to regulation either by the
Federal Energy Regulatory Commission's jurisdiction under Section
1(b) of the Natural Gas Act, or as a major utility transmission facility
under the Public Service Law of New York, Article 7, § 120(2)(b).
UNDERGROUND INJECTION
Subsurface emplacement of hazardous wastes or natural gas
and/or petroleum extraction, exploration or production wastes by or
into an injection well.
UNDERGROUND NATURAL GAS STORAGE
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.
WASTE-TO-ENERGY FACILITY
A plant or facility that creates energy in the form of electricity
or heat from the incineration of solid waste or recycled material.
WATER or WATER RESOURCES
All streams, ditches, lakes, ponds, reservoirs, marshes,
vernal pools, watercourses, waterways, wells, springs, drainage systems,
and all other bodies or accumulations of water, surface or underground,
intermittent or perennial, which are contained in, flow through or
border upon the Town or any portion thereof.