HomeMy WebLinkAboutLL 1 of 2012 Heavy Industry MoratoriumLOCAL LAW FILING New York State Department of State
41 State Street, Albany, NY 12231
____________________________________________________________________________________
County
City
Town of Lansing
Village
Local Law No. 1 of the year 2012.
A local law to effect a: “Moratorium and Prohibition within the Town of Lansing of
High-Impact Industrial Uses, Including Natural Gas and Petroleum
Exploration and Extraction Activities, the Underground Storage of
Natural Gas, and the Disposal of Natural Gas or Petroleum
Extraction, Exploration, and Production Wastes.”
Be it enacted by the Town Board of the
County
City
Town of Lansing, as follows:
Village
Section 1.TITLE
This Local Law shall be known as the:
“Moratorium and Prohibition within the Town of Lansing of High-Impact Industrial Uses,
Including Natural Gas and Petroleum Exploration and Extraction Activities, the
Underground Storage of Natural Gas, and the Disposal of Natural Gas or Petroleum
Extraction, Exploration, and Production Wastes.”
Section 2.AUTHORITY AND INTENT; FINDINGS; PURPOSE
A. This Local Law is intended and declared to be consistent with, and 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: New
York State Constitution Article IX, Section 2(c)(6), 10; Municipal Home Rule Law § 10(1)(i);
Municipal Home Rule Law § 10(1)(ii)(a)(6), (11), (12), and (14); Municipal Home Rule Law §
10(1)(ii)(d)(3); Municipal Home Rule Law § 10(2); Municipal Home Rule Law § 10(3);
Municipal Home Rule Law § 10(4)(a), and (b); Statute of Local Governments §10(1), (6), and
(7); Town Law § 64 (17-a), (20-b), and (23); Tow n Law § 130(5), (6), (7), (8), (11), (14), (15), and
(23); Town Law § 135; Town Law Article 16 (Zoning & Planning) inclusive; Environmental
Conservation Law § 17-1101, § 23-0303(2), and § 27-0711; and Public Health Law §§ 228(2), (3).
This Local Law is a police power and land use regulation. This Local Law is intended, and is
hereby declared, to address matters of local concern. It is further declared that it is not the
intention of the Town of Lansing (the “Town”) to address matters of statewide concern. This
Local Law is intended to act as, and is hereby declared an exercise of, the permissive
“incidental control” of land uses that zoning and land use laws are concerned with, being
mainly broad areas of land use planning and the physical use of land and property within the
Town, including physical externalities associated with certain herein-defined land uses, such
as negative impacts on roadways and traffic congestion and other deleterious impacts on a
community. This Local Law is a law of general applicability and is intended and declared to
promote the interests of the community as a whole, including by protecting drinking water
supplies and supplementing and enhancing, but not limiting or impinging upon, the Safe
Drinking Water Act and the Underground Injection Control programs administered by the
Environmental Protection Agency. This Local Law is also intended and declared to impose
conditions and restrictions on certain uses of property that are directly related and incidental
to the use of property, with such conditions and restrictions being aimed at minimizing or
precluding adverse impacts in and upon the Town that could result from a certain uses of
property that pose a unique risk of adverse impacts to, and effects upon, the comfort, peace,
enjoyment, health and safety of residents and their property.
B. The Town Board has found, determined, and made the following declarations and
findings:
1.Lansing is a community in the northern part of Tomp kins County that contains a
lakeshore (Cayuga Lake), major creek valleys, gorges, waterfalls, protected and impaired
waterways, native trout streams and tributaries to Cayuga Lake, wetlands, historic
buildings, cemeteries and farmsteads, and other important natural, scenic, archaeological,
and historic resources that contribute to the cultural fabric and quality of life that
residents prize.
2.Whether utilizing public water supplies or private wells, residents of the Town are
dependent upon aquifers and Cayuga Lake for life-sustaining water. Maintaining the
quality of water resources within the Town is critical to protecting the natural
environment of the Town, the general health and welfare of Town residents, and the local
economy. Certain of the activities described in Section 4 of the Local Law have the
potential to damage surface and ground water resources in the event of (by way of
example) human error, discharges and emissions of deleterious substances, power
outages, flooding or other natural disasters, or engineered materials and structures
experiencing stresses beyond those for which they were designed. Further, water
pollution is hazardous to the pubic health. If a domestic water source is contaminated,
remediation is time and cost intensive and may not restore the water resource to a quality
acceptable for domestic use. The Town Board believes it is appropriate to evaluate the
effectiveness of aquifer protection legislation as one tool to fortify the Town’s water
resources and protect them from potential damage; and, if appropriate, to draft and enact
such legislation.
3.Preservation of the Town’s irreplaceable significant ecological, historic, and scenic sites,
its air and water quality, its priceless and unique character, and its inventory of unique
natural areas and communities, is of significant value to the inhabitants of the Town and
to the tourists who visit. In order to protect such Tow n assets in the face of significant
development pressures, the Town Board believes it is appropriate to consider the
identification and designation of Critical Environmental Areas within the To wn and to
consider Comprehensive Planning and updated zoning regulations that seek to protect
these, and other, areas of the Town.
4.The Town’s rich natural environment is a valuable asset that creates a sense of identity
and well-being for residents of the area. Preserving and protecting the agricultural, scenic,
recreational, and other natural resources of the To wn is important for both a healthy
environment and a vibrant economy. Aesthetic issues are real and evoke strong reactions
from people, and they deeply affect the way people feel about a place, whether businesses
will want to locate in a place, and whether people will want to live in and visit a place.
5.Allowing the activities described in Section 4 of this Local Law could impair the existing
character of the Tow n because, by their very nature, such activities have the potential to
produce a combination of negative impacts upon the environment and people living in or
in proximity to the communities and areas where such activities occur. Such negative
impacts may include, without limitation, traffic, noise, vibrations, fumes, damage to
roadways, degradation of water quality, degradation of air quality, decreased availability
of affordable housing, damage to and loss of agricultural lands and soils, damage to and
loss of open space, natural areas, and scenic views, the fragmentation of natural
communities an d v alu able wi ldl ife and flora corrid ors, decreased recreational
opportunities, and damage to the tourism industries. Thus, the Town believes that
comprehensive planning and updated zoning regulations may mitigate these potential
impacts, and thus the Town believes that legislative and planning solutions may achieve
the proper balance between development and the preservation of important assets and
features of the Town and the public health.
6.If one or more of the activities described in Section 4 of the Local Law are conducted
within the Town, traffic generated thereby could be hazardous or inconvenient to the
inhabitants of the Town and pedestrians (especially children), cyclists, and motorists.
Such traffic could result in traffic congestion that could delay emergency response times
for medical emergencies, fires, and accidents. Certain of the activities described in Section
4 of this Local Law also typically involve a large volume of heavy vehicles, and accidents
involving such vehicles have a greater potential for causing damages, severe injury, and
death than those involving smaller vehicles. These incidents are more likely to occur on
roads (such as many roads in the Town) that have sharp corners, narrow lanes, short sight
lines, and/or limited roadway geometries. Thus, an increased volume of heavy vehicle
and truck traffic may cause, contribute to, or create unsafe conditions for the traveling
public and thus place a strain upon emergency responders. Increased heavy vehicular
and truck traffic also tends to increase air pollution and noise levels, and decrease the
quality of life and property values for those living nearby. Further, roads are a critical
public resource and constitute a major investment of the public’s money, and many
roadways in the Town are “highways by use” (New Yor k Highway Law § 189), which
have never been engineered, built, maintained, or designed to handle or carry repeated
heavy loads or vehicles, even when within legal limits. The Town is not in a position to
bear the high costs associated with the road use impacts that typically accompany many
of the activities described in Section 4 of the Local Law . The Town Board thus believes it
is appropriate to evaluate the effectiveness of road use and/or roadway classification
legislation as tools to protect the Town’s resources and roadways from such costs and
damage, and, if appropriate, to develop a road use policy and enact legislation to protect
Town taxpayers from having to shoulder the burden of repairing or rebuilding roads
damaged by activities described in Section 4 of this Local Law.
7.If one or more of the activities described in Section 4 of this Local Law are conducted
within the Town, the air pollution, noise, vibrations, dust, and odors generated thereby
(whether onsite or by truck traffic to and from the proposed site of such activities) could
be hazardous to the inhabitants of the Town. Air pollution is a known hazard to the
public health, and unchecked pollution, noise, vibrations, dust and odors are known air
contaminants that can cause public nuisances. The Town thus believes it is appropriate to
understand the scope of municipal authority to regulate such air pollution and
contaminants to prevent nuisances and air quality and, if appropriate, to enact legislation
to so protect the Town and the public health of citizens of, and visitors to, the Town.
8.If one or more of the activities described in Section 4 of this Local Law are conducted
within the Town, noise, vibrations, seismic, subterranean, lateral and subjacent support
impacts, and light pollution typically caused by such activities could be hazardous or
inconvenient to the inhabitants of the Town. Noise, traffic congestion, nighttime lighting,
vibrations, and seismic and other impacts to subterranean surface support can have
negative effects on human health and wildlife. Also being potential nuisances, the Town
desires to examine the extent to which the Town may mitigate or prohibit certain of these
impacts and, if appropriate, enact legislation to protect the Town and its citizens from the
effects of such potential nuisances.
9.The creation, generation, keeping, storage or disposal of Natural Gas And/Or
Petroleum Extraction, Exploration Or Production Wastes (as that term is defined in
Section 3 of this Local Law) within the Town could have a negative impact on the public
health, safety, and welfare of the inhabitants of the Town. As well, there are substantial
fiscal risks arising from such activities in terms of the need for the clean up, removal,
and/or remediation of such wastes and lands upon which the same are generated,
deposited, or emitted, whether purposefully or accidentally, including potential liability
for such deposits or emissions. As well, the high costs associated with the disposal of
Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes (as that
term is defined at Section 3 of this Local Law) have in other localities resulted, and could
in our Town result, in persons seeking to avoid such costs by depositing such material
along roadways, in vacant lots, on business sites, in the private dumpsters of others, or in
other unauthorized places. Such activities could pose a hazard to the public health, safety,
and welfare of the inhabitants of the Town, and thus the Town desires to have time to
study legislative options and to consider whether to effect a ban upon extractive or
solution mining, a partial ban, or to otherwise respond with a legislative solution aimed
at mitigating impacts from allowed mining operations. These solutions will each and all
require comprehensive planning, coordination with county and regional planning offices,
and the implementation of zoning or other regulations to place such solution(s) into
effect.
10.Pipelines under 125 psi and less than 6” diameter are presently not regulated by
the federal or New York state governments, yet may pose many the same dangers as
larger, regulated lines when ruptured or impaired. In any event, such pipelines also
require a clear zone for inspections, maintenance, and access. The Town Board believes it
is appropriate to evaluate whether it is advisable to develop a policy to address such
otherwise unregulated pipelines, and if so, to enact such a policy.
11.The Town Board believes it is appropriate to evaluate development and
enactment of legislative standards to ensure that any industrial activity contemplated for
the Tow n take place only if compatible with present land uses and the Town’s
Comprehensive Plan. The evaluation and determination of whether the activities
described in Section 4 of this Local Law are appropriate for the Town and are a legitimate
goal of land use policies and laws. There is no question that exclusion of specified
industrial uses is a legitimate goal of such laws. As the United States Supreme Court
stated in Town of Belle Terre v. Borass, 416 U.S. 1 (1974):
…the concept of public welfare is broad and inclusive…. The values that it represents
are spiritual as well as physical, aesthetic as well as monetary. It is within the power of
the [local] legislature to determine that the community should be beautiful as well as
healthy, spacious as well as clean, well-balanced as well as carefully patrolled.
416 U.S. at 6.
Further, in Matter of Gernatt Asphalt Products, Inc. v. Town of Sardinia, 87 N.Y. 2d 668 (1996),
the Court of Appeals, New York State’s highest court, evaluated a claim that a town’s
prohibition of mining throughout the town was in effect unconstitutional ‘exclusionary
zoning.’ The Court of Appeals held as follows:
We have never held, however, that the … [‘exclusionary zoning’] test, which is
intended to prevent a municipality from improperly using the zoning power to keep
people out, also applies to prevent the exclusion of industrial uses. A municipality is
not obliged to permit the exploitation of any and all natural resources within
the town as a permitted use if limiting that use is a reasonable exercise of its
police power to prevent damage to the rights of others and to promote the
interests of the community as a whole.
87 N.Y. 2d at 683, 684 (emphasis added).
C. The purpose of the Local Law is therefore to provide the Town with a period of time to
consider and, if appropriate, to draft and to enact one or more local laws, ordinances, or other
legislation, to identify and designate wetlands and critical environmental areas, develop
aquifer protection legislation, develop road use classification laws or other road use policies, to
update Town’s Comprehensive Plan, to examine nuisance controls and the Town’s authority to
mitigate or abate nuisances, including by regulating or prohibiting air and water pollution,
and to update or amend, as indicated or needed, the Town’s zoning laws, and/or to consider a
ban or prohibition of the activities described in Section 4 of the Local Law. At this time, it
appears to the Town Board that a moratorium of one (1) year in duration, coupled with a
mechanism for a variance procedure, will achieve an appropriate balancing of interests
between (on the one hand) the public need to safeguard the character and other resources of
the Tow n and the health, safety and general welfare of its residents, and (on the other) the
rights of individual property owners or businesses desiring to conduct such activities during
such period.
Section 3.DEFINITIONS
For purposes of this Local Law, 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 Section § 301 of the New York State Agriculture and
Markets Law).
Below-Regulatory Concern - Radioactive material in a quantity or of a level that is
distinguishable from background levels (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.
Board of Appeals - The Zoning Board of Appeals of the Town.
Explosive Materials - Substances capable of undergoing decomposition or combustion with
great rapidity, involving much heat and producing a large volume of gas. The reaction
products fill a much greater volume than that occupied by the original material and exert an
enormous pressure, which can be used for blasting and for propelling. Examples include TNT,
dynamite, nitroglycerin, and ammonium nitrate.
Gathering Line, Or Production Line - Any system of pipelines (and other equipment such as,
but not limited to, 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 or transport oil, gas, or liquids from a point of production, a
treatment facility, or a storage area to a transmission line which is (i) exempt from the Federal
Energy Regulatory Commission’s jurisdiction under section 1(b) of the Natural Gas Act, and
(ii) 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).
High-Impact Industrial Uses - For purposes of this Law, “High-Impact Industrial Uses” does
not include Agriculture Use(s), but do include those uses and industries that are traditionally
considered to be “heavy industrial uses” or “heavy industry,” and by way of illustration (and
not limitation) include:
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 Extraction, Exploration Or Production Wastes
Disposal/Storage Facility;
5.Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes
Dump;
6.Natural Gas Compression Facility; (e) Natural Gas Processing Facility; (f) Non-
regulated Pipelines;
7.Underground Injection;
8.Underground Natural Gas Storage;
9.Iron, steel, copper, brass, aluminum and similar smelting operations, foundries,
forming and processing plants, and large-scale automotive and vehicular assembly
plants;
10.Emery cloth and sandpaper manufacturing;
11.Smelting of ores and metallurgical products;
12.Petroleum or petroleum products refining;
13.Glue and adhesives manufacturing;
14.Explosive materials fabrication or manufacturing;
15.Wood or pulp, paper, and paperboard processing or manufacturing;
16.Petroleum and coal manufacturing;
17.Pesticide, fertilizer, and chemical manufacturing;
18.Rubber, resin, and synthetic fiber and plastics manufacturing or processing;
19.Commercial glass, clay, ceramics, china, and porcelain manufacturing or
processing facilities;
20.Commercial leather and hide tanning and processing facilities;
21.Large-scale commercial meat or fish processing, storage, or canning facilities; and
22.Large scale commercial or industrial power generation by solar farming, water
flows, wind flows, the burning of fossil or other fuels, including wastes, or the fission or
fusion of any atoms, compounds, or materials.
23.Any other commercial or industrial business, land use, facility, or application (but
not including Agricultural Uses or other uses that are exempt from this Local Law) that
the Tow n determines is likely to: (i) have any one of the following characteristics
identified as sub-Sections (a) through (d) (mainly or generally, characteristics which
potentially create negative impacts upon the Town or its residents); plus (ii) as to which
sub-section (e) also applies:
a.A significant negative or deleterious impact upon the environment; or
b.A significant contribution to any increase in illnesses or mortality in the Tow n;
or
c.Involves the use, storage, or creation of any Hazardous Wastes or Radioactive
Materials, or which poses a risk of environmental harm by the release, emission, or
transmission of any deleterious organic or non-organic wastes or hydrocarbons; or
d.Involves any significant volume of detrimental or obnoxious noise, smoke,
vibration, odor, traffic, dust, or other impacts, conditions, or characteristics that may
or will constitute a public nuisance; plus
e.Any use, operation(s), process, application, business, or industry that involves
any three of the following impacts:
(i)The employment of 20 or more persons, including all persons acting as an
independent contractors and/or as a joint-venturer (and the like), whether upon a
temporary, intermittent, seasonal, or permanent basis;
(ii) Has or uses any facility or improvement(s) that exceed 200,000 combined
square feet of enclosed or partially enclosed space, or which creates more than
200,000 square feet of impervious or semi-impervious surfaces;
(iii) Will utilize or disturb, when fully constructed, more than 3 acres of land;
(iv) Involves the delivery or transportation of more than 10,000 tons of materials
or equipment in any one month;
(v) Utilizes more than 100 commercially classed vehicle trips to or from the site
in any month where any 20 or more of such vehicles qualify as overweight or
oversized vehicles such that special permits, divisible load permits, or heavy
hauling perm its are required from the New Yo r k Sta te Depa r tme nt of
Transportation for such vehicles;
(vi) Requires roadway or intersection upgrades, whether to the load bearing
capacity of any roadway, the surface quality of any roadway, or the roadway or
intersection geometry of any roadway;
(vii) Proposes, uses, or needs any outdoor storage of any supplies, materials,
machinery, or equipment, wherever stored and whether within or without the
Town, that, due to volume, size, or otherwise, would result in a lack of compliance
with any outdoor storage requirements of the Town or would, if covered, exceed,
or contribute to the exceeding of, the 200,000 square foot limitations set forth in
sub-Section (ii) above;
(viii) Would produce graywater or other waste that, if delivered to a sewage
treatment plant, would require removal, pre-treatment, or tertiary treatment;
(ix) Would produce graywater or other waste that, if discharged under a SPDES
Permit or otherwise, would cause excess sedimentation, excess turbidity of any
surface waters, or that would result in the emission or transmission of any
substance that is considered a Hazardous Material, that is a Radioactive Material,
or that otherwise would either trigger an investigation or remediation under the
New York State Navigation Law or would require the implementation and/or
construction of any temporary or permanent stormwater practices;
(x)Would use, store, remove, deliver or sequester 500,000 gallons or more of
water from any source, supply, or location;
(xi)Would require the construction of one or more staging areas and/or would
require the building, improvement, or construction or replacement of any public
facilities, including waterlines or roadways; and/or
(xii)Would require the installation of any internal or external 3 phase or greater
power supply or station, with or without transformers or cooling devices or
towers; or high power or high tension power lines; and/or
(xiii)Would use more than 250 kilowatts of power or electricity per day (or its
equivalent in therms or other energy consumption equivalencies), whether so
generated, used, or stored for future use; or which uses an equivalent amount of
energy, electricity, or power through or by the use of generators, vehicles, or other
machines and devices that utilize any substance or compound to generate
electricity or power, or which convert any substance or compound to electricity or
power, through the application or use of heat, conversion, pressure, or fossil fuels.
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 semi-solids) are injected into the
subsurface and less than ninety (90) percent of such fluids return to the surface within a period
of ninety (90) days.
Land Application Facility - A site where any Natural Gas Exploration And/Or Petroleum
Production Wastes are applied to the soil surface or injected into the upper layer(s) of the soil.
Natural Gas - Methane and any gaseous substance, either combustible or non-combustible,
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 and 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 involve the making of 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 - 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
any statutory or regulatory definitions of “industrial waste,” or ”hazardous” or “toxic”
substances, materials, or wastes, and whether or not such substances are generally
characterized as waste: (a) 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, and 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; (b) natural gas or petroleum drilling fluids; (c) natural gas or petroleum
exploration, drilling, production, or processing wastes; (d) 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); (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 natural gas or petroleum; (f) soil contaminated in the drilling,
transportation, processing, or refining of natural gas or petroleum; (g) drill cuttings from
natural gas or petroleum wells; or (h) 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 C.F.R. § 261.4(b). The definition of Natural Gas And/Or
Petroleum Extraction, Exploration Or Production Wastes does not include (i) recognizable and
non-recognizable food wastes, or (ii) waste generated by Agriculture Use.
N a t u r a l G a s A n d /O r P e t r o l e u m E x t r a c t i o n , E x p l o r a t i o n O r P r o d u c t i o n W a s t e s
Disposal/Storage Facility - Any of the following: (a) tanks of any construction (metal,
fiberglass, concrete, etc.); (b) impoundments; (c) pits; (d) evaporation ponds; or (e) other
facilities, in any case used for the storage or treatment of Natural Gas And/Or Petroleum
Extraction, Exploration Or Production Wastes that: (i) are being held for initial use, (ii) have
been used and are being held for subsequent reuse or recycling, (iii) are being held for
treatment, and/or (iv) are being held for storage.
Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes Dump - Land
upon which Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes, or
their residue or constituents, whether before or after treatment, are deposited, disposed,
discharged, injected, placed, buried, or discarded, without any intention of further use.
Natural Gas And/Or Petroleum Support Activities - Shall mean and be any one or more of
the following: (a) a Natural Gas Compression Facility; (b) a Natural Gas Processing Facility; (c)
a N atur a l G as A n d /O r P e t ro l e um Ex t ra c t i o n, E x p lor a t i o n O r P ro d u c t i o n Wa s t es
Disposal/Storage Facility; (d) a Natural Gas And/Or Petroleum Extraction, Exploration Or
Production Wastes Dump; (e) a Land Application Facility; (f) Non-Regulated Pipelines; (g)
Underground Injection; or (h) Underground Natural Gas Storage.
Natural Gas Compression Facility - Those facilities, or combinations of facilities, that move or
transport 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.
Natural Gas Processing Facility - 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; and/or the capture of CO2
separated from natural gas streams.
Non-Regulated Pipelines - Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction standards or reporting
requirements, and specifically including production lines and gathering lines.
Person - 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.
Pipeline - 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, together with other appurtenant or related 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 easements or a private right of way within
the Town. This includes, without limitation, gathering lines, production lines, and
transmission lines.
Radioactive Material - Material in any form that emits radiation. This definition specifically
includes NORM (naturally occurring radioactive material), but only if such naturally occurring
material has been moved from its naturally occurring location through an industrial process.
All such material is “radioactive material” for purposes hereof, whether or not it is otherwise
exempt from licensing and regulatory control pursuant to the NYS Department of Labor, the
US Nuclear Regulatory Commission, the US Environmental Protection Agency, the US
Department of Energy, the US Department of Transportation, or any other regulatory agency.
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.
Town - The Town of Lansing, Tompkins County, New York.
Town Board - The Town Board of the Town.
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: (a) the Federal Energy Regulatory Commission’s
jurisdiction under section 1(b) of the Natural Gas Act; or (b) as a “Major utility transmission
facility” under the Public Service Law of New York, Article 7, §120(2)(b).
Underground Injection - Subsurface emplacement of Natural Gas And/Or Petroleum
Extraction, Exploration Or Production Wastes, including emplacement 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,
whether for the purpose of load balancing the production of natural gas or for any other
reason, including, without limitation, short-term, long-term, or intermittent storage for
product quality, processing, or transportation purposes, or because of market conditions.
Without limitation, this term includes compression and dehydration facilities, and associated
pipelines.
Section 4.MORATORIUM AND PROHIBITION.
4
A. From and after the date of this Local Law, no application for a permit, building permit,
special use permit, zoning variance (except as contemplated by Section 8 of this Local Law),
site plan approval, subdivision approval, certificate of occupancy, or other Town-level
approval shall be accepted, processed, approved, approved conditionally, or issued for the
construction, establishment, or use or operation of any land, body of water, building, or other
structure located within the Town for any High-Impact Industrial Use, including without
limitation any of the following: (i) any Natural Gas And/Or Petroleum Exploration Activities;
(ii) any Natural Gas And/Or Petroleum Extraction Activities; or (iii) any Natural Gas And/Or
Petroleum Support Activities.
B.From and after the effective date of this Local Law, no person shall use, cause, or permit
to be used, any land (including all surface and subsurface lands), body of water, waterway
(whether above or below ground), building, or other structure located within the Town for any
High-Impact Industrial Use, including without limitation any of the following: (i) any Natural
Gas And/Or Petroleum Exploration Activities; (ii) any Natural Gas And/Or Petroleum
Extraction Activities; or (iii) any Natural Gas And/Or Petroleum Support Activities.
C. The moratorium and prohibition set forth above in sub-Sections A and B of this Section
4 are not intended, and shall not be construed, to: (i) prevent or prohibit the right to use
roadways in lawful commerce or otherwise for lawful travel; (ii) 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
(iii) 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 Agriculture, residential,
business, commercial, and other uses within the Town.
D. The term of this moratorium and prohibition shall beginning on the effective date of
this Local Law and shall expire upon the earlier of (i) that date which is one year after said
effective date, or (ii) the effective date of a duly enacted repeal of this Local Law.
Section 5.PENALTIES & ENFORCEMENT.
A. Failure to comply with any of the provisions or requirements of this Local Law shall be
an unclassified misdemeanor as contemplated by Article 10 and Section 80.05 of the New York
State Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than
Five Thousand Dollars ($5,000) or imprisonment for not more than 10 days, or both, for the
first offense. Any subsequent offense within a one (1) year period shall be punishable by a fine
of not more than Ten Thousand Dollars ($10,000) or imprisonment for a period of not more
than 30 days, or both. For purposes of this sub-Clause A, each day that a violation of this Local
Law exists shall constitute a separate and distinct offense.
B. In addition, an action or proceeding may be instituted in the name of the Town in any
court of competent jurisdiction to prevent, restrain, enjoin, correct, enforce, and/or abate any
violation of, or non-conformance with, any provision or requirement of this Local Law.
Additionally, any action may be so commenced to declare the rights of the Town and of any
other Persons relative to any justiciable controversy arising from, under, or in relation to this
Local Law, whether pertaining to its interpretation, application, legality, or enforceability, or
otherwise. No such action or proceeding shall be commenced by the Town without
appropriate authorization from the Town Board. If equitable relief is requested by the Town in
the form of a temporary restraining order, a temporary injunction, or an injunction, or by any
other form of prohibition or similar relief, the Town shall not be required to post any bond or
undertaking as a condition or requirement for or of such relief, and the Town shall not be
required to prove or show a lack of an adequate remedy at law. No right, remedy, or penalty
specified in this Section 5 shall be the or an exclusive remedy of the Tow n, and each remedy or
penalty specified in this Section 5 shall be in addition to, and not in substitution for or in
limitation of, any other remedies or penalties specified in this Local Law or permitted by any
applicable law, rule, order, regulation, or right in law or equity. Any remedy or penalty
specified in this Local Law may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified in this Section 5.
C. In addition, any Enforcement Officer may issue stop work orders or compliance notices
relative to any violation of this Local Law. The failure of any Person to comply with any such
notice or order shall be and be deemed a violation of any other applicable law or ordinance,
including, without limitation, the Town’s Code Enforcement Local Law, and its related rules
and regulations, and New York State Executive Law § 382; and, in each case, such non-
compliance or violation may also be enforced as such.
D. In the event the Town is required to take legal action to enforce this Local Law, the
violator will be responsible for any and all necessary costs incurred by the Town relative
thereto, including attorneys’, engineering, consulting, and experts’ fees; provided, however,
that any responsibility or liability therefor, and the amount thereof, shall be determined by a
Court or other tribunal of competent jurisdiction and this clause shall be interpreted,
construed, and applied only to the maximum extent permitted by applicable law.
Section 6. ‘GRANDFATHERING’ OF LEGAL, PRE-EXISTING NON-CONFORMING USE(S).
A. Natural Gas And/Or Petroleum Extraction Activities - Notwithstanding any provision
hereof the contrary, any Natural Gas And/Or Petroleum Extraction Activities that are being
conducted in the Town as of the effective date of this Local Law shall be subject to the
following:
1. If, as of the effective date of this Local Law, substantive Natural Gas And/Or
Petroleum Extraction 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, the possession of valid non-revoked permits for all matters
for which permits are required, and including compliance with each, any, and any listed
permit conditions as are or may be required by the New York State Department of
Environmental Conservation (“DEC”) and all other regulating local, state, and/or federal
governments, bureaus, or agencies, then and only then such Activity shall be considered a
pre-existing, non-conforming use and shall be allowed to continue, subject, however, to
the provisions set forth below.
2. Natural Gas And/Or Petroleum Extraction Activities that are being conducted in
the To wn as of the effective date of this Local Law which do not qualify for treatment
under the preceding sub-Clause A(1) of this Section 6 shall not be grandfathered (or be
permitted to continue or deemed lawful pre-existing uses) and shall in all respects be
prohibited as contemplated by Section 4 hereof.
3. Upon the depletion, closing, or reclamation of any well which is allowed to remain
in operation after the effective date of this Local Law by virtue of sub-Clause A(1) of this
Section 6, or upon any other substantive cessation of Natural Gas And/Or Petroleum
Extraction Activities (otherwise grandfathered by virtue of sub-Clause A(1) of this Section
6, or otherwise) for a period of more than twelve (12) months, then and in either or any
such event the pre-existing and/or non-conforming use status (and any related
“grandfathering rights”) of or relating to such Activity shall terminate, and thereafter
such Natural Gas And/Or Petroleum Extraction Activities shall in all respects be
prohibited as contemplated by Section 4 hereof.
4. Notwithstanding any provision hereof to the contrary, the pre-existing, non-
conforming status conferred and recognized by sub-Clause A(1) of this Section 6 is not
intended, and shall not be construed, to authorize or grandfather any Natural Gas
And/Or Petroleum Extraction Activities extending beyond whatever well bore is
authorized in any DEC permit in existence as of the effective date of this Local Law. Any
expansion, or attempted or purported expansion, of such well, whether as to its
production, depth, horizon(s), or otherwise, shall not be grandfathered under sub-Clause
A(1) of this Section 6, and instead shall in all respects be prohibited as contemplated by
Section 4 hereof. ‘Grandfathered’ and allowed lawful pre-existing uses neither have nor
possess any right to expand such non-conforming use, whether above or below ground,
and no such right shall be deemed, so construed, or implied.
B. Existing Commercial or Industrial Uses – existing lawful uses within business and
related parks and zones, such as the AES Cayuga Plant, Cargill Deicing Technologies, and Borg
Warner, and other existing business uses now located within the Town, be and hereby are
permitted to exist, and to continue to exist and expand as their business plans and operations
may indicate, but only so long as:
1. No such expansion or proposed use constitutes a change of use as compared to the
business as currently conducted by such Person, or as to the existing uses of land,
waterbodies, waterways, structures, and facilities within the Town; and
2. No such expansion or proposed use involves the introduction into the Town, or the
use of any land, waterbody, waterway, structure, or facility in the Town, of any High-
Impact Industrial Use that had not been lawfully conducted in accord with all laws,
permits, requirements, regulations, and permit conditions as of the date of adoption of
this Local Law.
Section 7. INVALIDITY OF ANY CONFLICTING APPROVALS OR PERMITS.
Except as contemplated by Section 8 of this Local Law, no permit or approval issued by the
Town shall be deemed valid when or to the extent that such permit or approval purports to
allow or permit any activity that would violate the moratorium and prohibition set forth at
Section 4 of this Local Law.
Section 8.HARDSHIP USE VARIANCE.
A. The Board of Appeals is hereby authorized to accept and review (after public notice and
hearing and in accordance with the requirements of law and of this Local Law) requests for a
Hardship Use Variance from the application of the provisions of this Local Law by persons
aggrieved hereby.
B. No such Hardship Use Variance shall be granted by the Board of Appeals without a
showing by the applicant that the application or enforcement of Section 4 of this Law, or any
other provision or requirement of this Local Law, as applied to such applicant has caused
“unnecessary hardship.” For purposes hereof, and in order to prove the existence of an
unnecessary hardship, the applicant must prove each and all of the following four conditions
to the Board of Appeals’ satisfaction: (i) that, unless the applicant is granted a Hardship Use
Variance from the provisions of Section 4 of this Law, the applicant cannot realize a reasonable
rate of return on the entire parcel of property, and such lack of return is substantial as
demonstrated by competent financial evidence; (ii) that the alleged hardship relating to the
property in question is unique, and does not apply to a substantial portion of the
neighborhood or other area in the vicinity of the applicant’s property; (iii) that the alleged
hardship has not been self-created; and (iv) that the requested Hardship Use Variance, if
granted, will not alter the essential character of the neighborhood or other area in the vicinity
of the applicant’s property in an adverse manner. For the purposes of interpreting and
applying the above four standards, the following shall apply:
1. Reasonable Rate of Return. I n evaluating whether the applicant can realize a
reasonable rate of return for purposes hereof, the Board of Appeals shall examine
whether the entire original or expanded property holdings of the applicant (as opposed to
only the site of the proposed project) are incapable of producing a reasonable rate of
return. No Hardship Use Variance shall be granted unless, in addition to satisfying all
other applicable provisions of this Local Law, the Board of Appeals finds that the
applicant has clearly demonstrated, by detailed written “dollar and cents” proof, the
inability to obtain a reasonable return for the entire parcel (and not just the site of the
proposed project) unless the applicant is granted a Hardship Use Variance from the
provisions of Section 4 of this Law.
2. Unique Hardship. No Hardship Use Variance shall be granted unless, in addition to
satisfying all other applicable provisions of this Local Law, the Board of Appeals finds
that the entire parcel of which the project is a part possesses unique characteristics that
distinguish it from other properties in the neighborhood, or from other areas in the
vicinity of the applicant’s property. The applicant must demonstrate the unique nature of
the parcel as a whole. The fact that the improvements already existing at the time of the
application are old, obsolete, outmoded, or in disrepair, or the fact that the property is
then unimproved, shall not be deemed sufficient to make the plight of the property
unique or to contribute thereto. Exceptional topography is an example of a factor
demonstrating the unique nature of the property.
3. Self-Created Hardship. The Board of Appeals may find that the applicant suffers
from a self-created hardship in the event that the Board of Appeals finds, inter alia, that: (i)
the applicant’s inability to obtain a reasonable return on the property as a whole results
from having paid too much for the property, or that such inability arises from a poor
investment decision; (ii) the applicant previously divided the property and is left with
only a portion which suffers from some unique condition for which relief is sought,
which condition did not either previously exist or previously apply to the parcel as a
whole; or (iii) when the applicant purchased the property, the applicant knew or should
have known that the property was subject to this Local Law.
4. Adverse Alteration of Essential Character of the Neighborhood or Other Area in Vicinity.
In making its determination of whether the proposed project will adversely affect the
essential character of the neighborhood or other area in the vicinity of the applicant’s
property, the Board of Appeals shall take into account factors that are of vital importance
to the citizens of the Town including, without limitation: (i) the rural, residential,
agricultural, and historic character and resources of the area and the Town; (ii) the
impacts to the Town’s irreplaceable ecological, historic, recreational, scenic, and tourism
sites; (iii) the extent and likelihood of the creation or exacerbation of any hazard to life,
limb, or property that may result from the proposed project; (iv) public health impacts; (v)
the social and economic impacts of traffic congestion, noise, dust, odors, emissions, solid
waste generation, and other nuisances; (vi) impacts upon property values; and (viii)
whether the applicant will use a type or style of development that will result in
degradation to the air quality, water quality, or to the historic, scenic, and natural
resources of the Town. In order to find that the proposed project does not alter the
essential character of the neighborhood or other area in the vicinity of the applicant’s
property, the Board of Appeals shall interpret the public interest in said essential
character of the neighborhood or other area to require, at a minimum, that the project will
not do any of the following: (x) pose a threat to the public safety, including public health,
water quality, or air quality, (y) cause an extraordinary public expense, or (z) create a
nuisance.
C. In addition to any other application requirements from time to time established
pursuant to, or made applicable to, this Local Law, an application for any Hardship Use
Variance shall contain a typewritten narrative explaining what the application is for and how
the project meets or exceeds all of the required criteria for a Hardship Use Variance. In
addition, such application shall also provide documentary evidence or a typewritten narrative
addressing and/or explaining each and all of the following:
1. With respect to a claim that the applicant cannot realize a reasonable rate of return,
the applicant shall provide written financial evidence containing reasonable specification
of the nature and factual particulars of such claim, including, at a minimum (as to the
entire parcel of which the proposed project is a part) and as applicable: (a) the date(s) of
acquisition of the property; (b) the purchase price; (c) present value of the property; (d)
the amount of real estate taxes; (e) the amount of mortgages or liens and other expenses;
(f) the asking price for the property when it had been offered for sale; (g) the costs of
demolishing any existing structures on the property; (h) efforts to market the property; (i)
a schedule of all other property in common ownership at either the date of the enactment
of this Law or thereafter; and (j) “dollars and cents proof” such as appraisals, economic
studies, and any other such evidence supporting the applicant’s contention that the grant
of a Hardship Use Variance is appropriate. For purposes hereof, “common ownership”
means all other interests in property either located within the Town or contiguous to the
Town that are held by any of the applicants (if more than one), whether such ownership is
of a legal or equitable nature or interest, in whole or in part, contiguous or not, and
whether such property or interest is held by any of the applicants through a legal or
equitable interest in a(nother) corporation, partnership, trust, business, entity, association,
fund, joint venture, or individually.
2. With respect to a claim that, if granted, the requested Hardship Use Variance will
not adversely alter the essential character of the neighborhood or other area in the vicinity
of the applicant’s property, the applicant must demonstrate that the proposed project will
not adversely affect such essential character with regard to the physical, economic, social,
or environmental elements or characteristics of the applicable neighborhood or other
area. Examples of adverse impacts to the essential character of the neighborhood or other
area include (without limitation) decreased quality or increased quantity of stormwater
runoff, increased soil erosion, increased traffic congestion, decreased road quality,
impairment of the scenic or rural character of roads, increased noise, dust, odor and/or
glare, reduced wildlife habitat, decreased air quality, decreased water quality, impairment
of the viewshed, creation of solid wastes, negative impacts on sustainability efforts,
increased social costs, increased emergency response times, negative impacts to public
infrastructure, decreased property values, and negative impacts on the health of area
residents.
D. In addition to all other application requirements from time-to-time established pursuant
to this Local Law, each application for a Hardship Use Variance may or shall also include one
or more of the following enumerated reports, analyses, or supporting proofs or documents and
the like, whenever not prohibited by applicable law and required by the Board of Appeals,
whether in relation to this Local Law, any environmental review of such proposed action (such
action being, as allowed or applicable, the proposed review and/or granting or denial of a
Hardship Use Variance application), or otherwise, so as to assist the Board of Appeals in
determining whether a grant of the requested Hardship Use Variance will adversely alter the
essential character of the neighborhood or other area in the vicinity of the applicant’s property
and/or so as to assist the Board of Appeals in its determination of whether to deny, grant, or
grant with conditions such application:
1.E nv ironmental Assessment Form. A comp l e te d draft of a Lo ng Fo r m
Environmental Assessment Form, Part I, regarding the proposed project. Any action in
consideration of whether to deny, grant, or grant with conditions such application shall
be and be deemed a Type I Action under SEQRA, including, without limitation, 6 NYCRR
Part 617, § 617.4.
2.Description of Surrounding Uses. The approximate location of all neighboring
residential, hamlet, park/recreational, and/or agricultural areas, all county-designated
Unique Natural Areas and locally designated Critical Environmental Areas (if any), all
wetlands, any intermittent, seasonal and other streams, rivers, and waterways, any
significant natural communities, any mapped or existing endangered and threatened
species and species of concern, and any historical or archeologically sensitive or mapped
areas within a two (2) mile radius of the perimeter of the site of the proposed use.
3.Traffic Impact Report. A traffic impact report containing: (a) the proposed traffic
circulation plan and the projected number of motor vehicle trips to enter or leave the site,
as estimated for daily and peak hour traffic levels, if the Hardship Use Variance is
granted; (b) existing and proposed daily and peak traffic hour levels as road capacity
levels; (c) a determination of the areas of impact of traffic going to and departing from the
proposed project site; (d) the proposed traffic routes to the nearest intersection with an
arterial highway, including the gross weights and dimensions of vehicles; (e) the
projected traffic flow pattern, including vehicular movements at all major intersections
likely to be affected by the proposed project if the Hardship Use Variance is granted; (f)
the impact of this traffic upon existing abutting public and private ways in relation to
existing road capacities; (g) a traffic impact analysis of the effects of the proposed project
on the transportation network in the Town using passenger car equivalents if the
Hardship Use Variance is granted; (h) an articulation of the effects and impacts of the
proposed project on traffic based on existing conditions and projected future background
traffic on the state, county, and Town road system if the Hardship Use Variance is
granted; (i) an evaluation of whether the resulting traffic conditions are likely to hinder
the passage of police, fire and emergency response vehicles, or degrade the quality of life,
and/or otherwise contribute to hazardous traffic conditions if the Hardship Use Variance
is granted; and (j) a determination of whether there is sufficient road geometry and
frontage to allow vehicles to enter and depart from the site by only entering the lane of
desired travel, and remaining solely in such lane of travel to the nearest intersection
(along the proposed route of travel) with a County or State public highway.
4. Road Impact Report. An evaluation of: (a) appropriate roadway geometry,
including required road widths, bridge widths, starting and stopping sight distances,
intersection sight distances, and horizontal and vertical curves along the proposed traffic
routes; (b) the adequacy of existing pavement and structures along the proposed traffic
routes to accommodate the full weight load of any trucks and construction vehicles likely
to be used in connection with the proposed project if the Hardship Use Variance is
granted; and (c) impacts to the rural or scenic character of any roads along the proposed
traffic route if the Hardship Use Variance is granted.
5.Transportation Plan. A description of ingress and egress to and through the
proposed project site by which vehicles, equipment, and supplies will be delivered,
including: (a) any temporary or permanent access routes or points provided, or to be
provided, during and after construction if the Hardship Use Variance is granted; (b) an
identification of any roads, streets, intersections, bridges, and other facilities along the
proposed traffic route, including those that do not meet New Yor k State Department of
Transportation standards, and such plan shall describe any anticipated improvements to
existing roads, bridges, or other infrastructure, any new road or access construction
measures which will be taken to avoid damaging any public or private roads, highways,
culverts, or other ways or appurtenances, and the measures that will be taken to restore
damaged public or private roads, highways, culverts, or other ways or appurtenances
following construction and during operations should the Hardship Use Variance be
granted; and (c) all together with any measures proposed to be taken to maintain the
scenic and/or rural characteristics of such roads or ways.
6.Noise Impact Report. A report that shall measure, project, factor, cover, and
provide conclusions about, without limitation, low frequency, A-weighted, infrasound,
pure tone, and repetitive/impulse noises containing the following information, studies,
or descriptions and conclusions: (a) a description of the existing audible conditions at the
project site to identify a baseline sound presence and pre-existing ambient noise,
including seasonal variation; (b) a description and map of sound producing features of
the proposed project from any noise generating equipment and noise generating
operations that will be conducted in connection with the proposed project site if the
Hardship Use Variance is granted, including noise impacts from vehicular traffic
travelling within the Town to and from, or in support of, the use or proposed project site;
(c) with respect to the noise to be generated by construction and uses of the proposed
project site, the range of noise levels and the tonal and frequency characteristics expected,
together with a written explanation for the bases for any such expectations or
conclusions; (d) a description and map of the existing land uses and structures, including
any sensitive area sound receptors (e.g., residences, hospitals, libraries, schools, places of
worship, parks, and areas with outdoor workers, etc.) within one mile of the project
parcel boundaries, which description shall include the location of the structure/land use,
the distances from the proposed project, and the expected decibel readings for each such
receptor; and (e) a description of the project’s proposed noise-control features, including
specific measures proposed to protect off-site workers and mitigate noise impacts for
sensitive area receptors.
7.Visual Assessment. A visual presentation of how the site of the proposed project
will relate to and be compatible with the adjacent and neighboring areas, within a two
mile radius of the perimeter of the site of the proposed project, if the Hardship Use
Variance is granted. This presentation shall include computerized photographic
simulation showing the site during construction and fully developed which shows
and/or demonstrates any visual impacts from at least four strategic vantage points
within the said two mile radius. Color photographs of the proposed site from at least two
locations accurately depicting the existing conditions shall be included. The study shall
also indicate the color treatment of the facility’s components and any visual screening
incorporated into the project that is intended to lessen visual prominence.
8. Report of Natural Gas and/or Petroleum Extraction, Exploration or Production
Wastes and Other Wastes. A report containing a description of Natural Gas and/or
Petroleum Extraction, Exploration or Production Wastes and other solid wastes, industrial
wastes, hazardous wastes, toxic and/or poisonous substances and pollutants (whether or
not any such substances enjoy exemption or definitional exceptions from state or federal
laws otherwise intended to protect the public with respect to hazardous, toxic, or
poisonous substances) expected to be produced, stored, injected, discarded, discharged,
disposed, released, or maintained on the project site if the Hardship Use Variance is
granted in relation to any natural gas or mining operations.
9. Compatible Uses Report. A discussion of characteristics of the proposed project
that may decrease the Town’s and/or the neighborhood’s (or other area’s) suitability for
other uses such as residential, commercial, historical, cultural, tourism, recreational,
environmental, or scenic uses if the Hardship Use Variance is granted.
10.Fiscal Impact Assessment. An assessment describing the adverse effects and
impacts on Town revenue and costs necessitated by additional public facilities and service
costs likely to be generated by the proposed project if the Hardship Use Variance is
granted.
11.Fire Prevention, Equipment Failure and Emergency Response Report. A report
containing: (a) description of the potential fire, equipment failures, and emergency
scenarios associated with the proposed project that may require a response from fire,
emergency medical services, police, or other emergency responders, if the Hardship Use
Variance is granted; (b) an analysis of the worst case disaster associated with the
proposed project if the Hardship Use Variance is granted, together with an impact
analysis of such a disaster upon the health, safety, and welfare of the inhabitants of the
Town and their property; (c) an identification and designation of the specific agencies that
would respond to potential fires, equipment failures, accidents, or other emergencies if
the Hardship Use Variance is granted; (d) a description of all emergency response
training and equipment needed to respond to a fire, accident, equipment failures, or other
emergencies, including an assessment of the training and equipment resources available
to local and potential responding agencies; and (e) the approximate or exact location of all
fire, police, and emergency response service facilities within a five mile radius of the
perimeter of the site of the proposed use.
12.Public Facilities and Services Assessment. An assessment describing: (a) whether
current Tow n public facilities and services, including water supplies, fire protection,
school services, recreation facilities, police protection, roads, and stormwater facilities are
adequate for the proposed project (taking into account all other uses that have been
permitted or are currently operating in the Town) if the Hardship Use Variance is granted;
(b) a comparison of the capacity of the public services and facilities to the maximum
projected demand that may result from the proposed project if the Hardship Use Variance
is granted (in determining the effect and impact of the proposed project on fire, police,
and emergency services, the review shall take into consideration response times, and the
number and location of available apparatus and fire, police, and emergency service
stations that are manned by full time professional service personnel; and where
applicable, calculation of response times shall also include the time it takes volunteer
emergency personnel to get to their stations); and (c) if the Hardship Use Variance is
granted, a review of the impacts of the proposed project upon the safety of all children
going to and from school by car, bus, bicycle, and walking during and outside of school
zone hours, including an analysis of whether existing or proposed safety measures, such
as signaled cross walks, elevated sidewalks, signage, traffic controls, traffic management
or calming plans, and green space buffers for pedestrians or bicyclists, are adequate or
sufficient to mitigate or help prevent accidents, together with an analysis of whether any
walking or bicycle trails or routes overlap, cross, or run alongside intended traffic routes;
each and all so as to mitigate or help prevent accidents.
13.Property Value Assessment. A property value analysis showing the impact upon
adjoining property values, prepared by a licensed appraiser in accordance with industry
standards, if the Hardship Use Variance is granted.
14.Health Impact Assessment. A human health impact assessment identifying ways
in which the proposed project could adversely affect the health of Town residents if the
Hardship Use Variance is granted; including a priority list of recommendations to
minimize the potential health impacts of the proposed project. The health impact
assessment shall, at a minimum, include: (a) a risk assessment of the possible impacts of
chemical exposure on the health of residents, including the Chemical Abstract Service
number of all chemicals proposed to be transported to, used, generated, or stored at the
project site; (b) an assessment of possible health effects due to industrial operations in
non-industrial areas or zones; and (c) an assessment of possible health effects due to
community changes, including the presence of an industrial activity in a previously non-
heavy industrial area, declining property values, impacts to the education system, and
the impacts and effects of any sudden changes in population numbers, demographics,
and customs (if any).
E. To the extent any of the information, data, studies, reports, and the like, referenced
above in this Section 10 have been prepared or submitted to the State of New York (or other
government or governmental department, agency, or authority), whether in relation to any
permit application, unit or spacing authorization, or any related environmental review or
otherwise, the Board of Appeals may accept such previously prepared materials in lieu of
any of the above items which may be so requested or mandated. However, nothing shall
prevent the Board of Appeals from requiring updates, supplemental information, or site-
specific analyses relative to such proposed use within the Town or such application for a
Hardship Use Variance.
Section 9.SEVERABILITY.
If any word, phrase, sentence, part, section, subsection, or other portion of this Local Law, 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 Local Law 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 Local Law 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 here
from, and the Tow n Board hereby declares that it would have enacted this Local Law, or the
remainder hereof, even if, as to particular provisions and persons or circumstances a portion
hereof is severed or declared invalid or unenforceable.
Section 10.SUPERSEDING INTENT AND EFFECT.
During the time this Local Law is in effect, it is the specific intent of the Town Board, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3) and §22, to supersede: (a) any inconsistent
provisions set forth in Town Law § 265-a; § 267; § 267-a, § 267-b, § 268; §274-a, §274-b; § 276, §
277, § 278, and § 279, but only to the extent expressly set forth herein; (b) any other inconsistent
provisions set forth in Article 16 of the Town Law; (c) any inconsistent provisions of the Land
Use Ordinance of the Town; and (d) to supersede any inconsistent provisions of any and all
other local ordinances, local laws, or local resolutions or other legislation or policies of the
Town.
Section 11.GENERAL PROVISIONS & CONSTRUCTION.
A. The Code Enforcement Officer of the Town is hereby designated as the enforcement
officer for purposes of interpreting and enforcing this Local Law. The Town Board reserves the
right to change or designate additional enforcement officers by resolution.
B. The section and other headings and titles to clauses and phrases in this Local Law are
for convenience only and shall not be used or construed to limit or define the scope or
application of the clauses and phrases so following such headings or titles. Each section of this
Local Law, whether in the nature of a preamble or otherwise, is a material part of this Local
Law.
C. In interpreting what is, or is not, a “High-Impact Industrial Use” the Code Enforcement
Officer shall be guided by the following rules of construction:
1.Words used in definitions shall be given their ordinary meaning, unless expressly
otherwise defined in or by this Local Law.
2.Where a use or application is not specifically listed, the Code Enforcement shall, in
making his or her determination as to whether such use is allowed, whether such use is a
High-Impact Industrial Use, or whether such use is prohibited or allowed only subject to
the issuance of a Hardship Use Variance by the Board of Appeals, either: (i) make his or
her determination based upon the general language of what is traditionally deemed or
considered a heavy industry or heavy industrial use; and/or (ii) compare the proposed
use or application to the lists of specifically listed and illustrative prohibited High-Impact
Industrial Uses (see Section 3 Definitions of “High-Impact Industrial Use, ” sub-sections 1
through 22, inclusive) and, where reasonable, select the closest applicable category and
then make his or her determination; and/or (iii) utilize the factorial determination
procedure set forth in the definition of “High-Impact Industrial Use, ” at Section 3, sub-
section 23.
3.Each such determination of the Code Enforcement Officer shall be detailed in
writing and be reasonably and rationally supported by facts, findings, or observations. In
taking into account potential impacts in classifying any proposed use or application, the
Code Enforcement Officer may and should consider that land uses which, though
conceivably operable (in the event of a perfect-world scenario where human error never
occurs, where power outages, flooding and other natural disasters never occur, and
where engineered materials and structures never experience stresses beyond those for
which they were designed and in any event never fail) without polluting the environment
or otherwise posing a risk to human health and safety or disturbing or interfering with
reasonable community expectations regarding odors, noise, and traffic, nonetheless, by
virtue of their nature or by virtue of the manner in which (or the conditions under which)
they are typically conducted (and because in the real world human error does occur,
power outages, flooding and other natural disasters do occur, and engineered materials
and structures do experience stresses beyond those for which they were designed and in
any event do fail at times), such uses have the potential to pollute the environment, to
otherwise pose a risk to human health and safety, and/or to disturb or interfere with
reasonable community expectations regarding odors, noise, and traffic.
4.Any person aggrieved by any determination of the Code Enforcement Officer, or
who alleges error in the making of a determination under the above-classification rules,
shall be required to timely appeal such determination, classification, or other ruling to the
Board of Appeals in accord with Town Law § 267-a.
Section 12.EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the New York Department of
State.
Local Law #1 of 2012 was approved, carried, and duly adopted on May 16, 2012