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New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany,NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
['County ❑City IM Town ['Village SPATE OF NEW
YORK
pERAR7MENT OF STATE
(Select one:) FILED
of Newfield
,JUL 17 2013
t✓iiSCEI-�NEOUS
Local Law No. 2 of the year 2013 STATE RECORDS
A local law To Extend The Moratorium Effected By Local Law Number 1 Of 2012 For An Additional
(Insert Title)
One-Year Period
Be it enacted by the Newfield Town Board of the
(Name of Legislative Body)
❑County ❑City pTown ❑Village
(Select one:)
of Newfield as follows:
A LOCAL LAW TO EXTEND THE MORATORIUM EFFECTED BY LOCAL LAW NUMBER 1 OF 2012
(ENTITLED"MORATORUIM ON AND PROHIBITION OF GAS AND PETROLEUM EXPLORATION AND
EXTRACTION ACTIVITIES, UNDERGROUND STORAGE OF NATRUAL GAS,AND DISPOSAL OF NATURAL
GAS OR PETROLEUM EXTRACTION, EXPLORATION,AND PRODUCTION WASTES)FOR AN ADDITIONAL
ONE-YERA PERIOD."
•
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-I (Rev.06/12) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
41. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 2 of 2013 of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Town Board of Newfield on July 11 2013 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 I , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
0 (Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
0
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-1 (Rev.06/12) Page 3 of 4
6. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20,.— of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
hereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph , above. y/n ,
Cle o the county le•islative body,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: 7 /2 • /3
•
DOS-0239-f-1 (Rev.06/12) Page 4 of 4
TOWN OF NEWFIELD,TOMPKINS COUNTY,NEW YORK
LOCAL LAW NUMBER 2 OF 2013
TO EXTEND THE MORATORIUM EFFECTED BY LOCAL LAW
NUMBER 1 OF 2012 FOR AN ADDITIONAL ONE-YEAR PERIOD
Be it enacted by the Town of Newfield as follows:
A LOCAL LAW TO EXTEND THE MORATORIUM EFFECTED BY LOCAL LAW NUMBER 1 OF 2012
(ENTITLED "MORATORIUM ON AND PROHIBITION OF GAS AND PETROLEUM EXPLORATION AND
EXTRACTION ACTIVITIES, UNDERGROUND STORAGE OF NATURAL GAS, AND DISPOSAL OF NATURAL
GAS OR PETROLEUM EXTRACTION, EXPLORATION, AND PRODUCTION WASTES) FOR AN ADDITIONAL
ONE-YEAR PERIOD."
ARTICLE I. TITLE.
This Local Law shall be referred to as the"Local Law No. 2of 2013."
ARTICLE II. PURPOSE AND INTENT.
By the enactment of Local Law No. 1 of 2012,the Town Board of the Town of Newfield legislatively found
that certain enumerated land uses (specifically, the therein-defined Natural Gas And/Or Petroleum
Exploration Activities, Natural Gas And/Or Petroleum Extraction Activities, and Natural Gas And/Or
Petroleum Support Activities), if conducted within the Town, had the potential to pose and create certain
risks and undesirable impacts to the character of the Town, to certain Town assets including air quality,
water quality, and roadways, and that it would be in the best interests of the Town to inventory Town
assets,and study the impacts and effects of such land uses.
More specifically, the Town Board wished to address the feasibility and specifics of protecting roadways
and regulating traffic impacts, protecting aquifers, wellheads, drinking water, and surface air and waters,
and protecting other aspects of the public health and welfare, from the impacts that sometimes
accompany Natural Gas And/Or Petroleum Exploration Activities, Natural Gas And/Or Petroleum
Extraction Activities, and Natural Gas And/Or Petroleum Support Activities. Without limiting the
generality of the foregoing, the Town desired and desires to continue developing, conducting, and
evaluating: (i) the preparation and adoption of a Town comprehensive plan, to include the identification
and consideration of scenic areas and viewscapes, areas of significant ecological value, and to designate
qualified critical environmental areas; (ii) the development of additional mechanisms to protect
wetlands, aquifers, water quality, air quality, abate noise, and protect agriculture; and (iii) the
implementation of road use regulations. The Town Board has determined, in attempting to undertake
such development and studies, that several of the same involve lengthy and complex tasks, such as the
processes of receiving a final draft of a Comprehensive Plan for Town Board's consideration, the study
and designation of critical environmental areas, the study and mapping of aquifers and subsurface
waters, and the study of existing roadways and adoption of reasonable road use regulations; some of
which studies, by definition,take more than one year and require the allocation of resources over a multi-
year budget. Thus, in order to more effectively protect the health, safety and welfare of the community,
the Town Board has legislatively determined that the term of the moratorium effected by Local Law No. 1
of 2012 should be extended.
Page 1 of 17
The Town Board has determined that allowing one or more of the activities prohibited by Article III, § 4
of this Local Law (being the same activities as prohibited by § 4 of Local Law No. 1 of 2012) to be
GI'conducted within the Town without reasonable and proper regulations in place could result in serious
and use and public health impacts, and thus it is of the utmost importance that the Town Board take
steps to abate, mitigation, and, where appropriate, prevent the occurrence of such impacts. Thus, the
purpose of the Local Law is to enable the Town of Newfield to prevent the occurrence of such serious
situations, among others, by staying the construction, operation, and establishment of such prohibited
activities, as well as the submission and processing of applications for building permits, certificates of
occupancy, and similar Town-level approvals respecting the activities prohibited by Article III, §4 of this
Local Law, for a reasonable time, and so as to allow the Town additional time to continue developing,
conducting, and evaluating the preparation and adoption of a Town comprehensive plan, the adoption of
road use regulations, the designation of critical environmental areas, and the development of additional
mechanisms to protect wetlands, water quality, and air quality, and to promote the abatement of noise
and promotion of traditional agriculture.
The Town Board believes that, based upon progress to date, extending the term of the existing
moratorium (Local Law No. 1 of 2012) for an additional year is reasonable and necessary.Accordingly, it
is the intention of the Town Board to extend the moratorium on Natural Gas And/Or Petroleum
Exploration Activities, Natural Gas And/Or Petroleum Extraction Activities, Natural Gas And/Or
Petroleum Support Activities, effected by Local Law No. 1 of 2012, for an additional one year period,
subject to and upon the provisions set forth herein.
Therefore, in furtherance of the purposes, intent, and authority respectively set forth in this Article II and
win Article III, § 2 below,the Town Board does hereby make and enact this Local Law:
ARTICLE III. SCOPE OF CONTROLS.
Section 1. DEFINITION OF THIS `LAW,"THIS `LOCAL LAW'.
As used in this Article III,the term"this Law," "this Local Law," and"herein" shall mean,be,and refer to
Town of Newfield Local Law No. 2 of 2013.
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, § 2(c)(6),
10; Municipal Home Rule Law§ 10; Statute of Local Governments §10, Environmental Conservation Law
§ 17-1101, § 23-0303(2), and§ 27-0711,and Public Health Law§§228(2), (3).
B. 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, and it is declared that it is not the intention of the Town to
address matters of statewide concern. This Local Law is intended to act as and is hereby declared to
exercise the permissive "incidental control" of a land use law that is concerned with the broad area of
land use planning and the physical use of land and property within the Town, including the physical
• externalities associated with certain herein-defined land uses, such as negative impacts on roadways and
impacts on a
community.
traffic congestion and other deleterious Y
g p
C. The Town Board has found,determined, and made the following declarations of findings:
Page 2 of 17
1. Newfield is a community in the southwest part of Tompkins County that takes great pride in and
assigns great value to its rural residential character, small-town atmosphere, high-quality agricultural
and forestry land, and scenic and other natural resources. Newfield is located at the divide of two
major northeastern watersheds: rain that falls in the Town flows north to feed the St. Lawrence
Seaway and south to the Chesapeake Bay.
2. Town residents are dependent upon aquifers and wells 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 § 4 of this Local Law have the potential to damage surface and ground water
resources, in the event of(by way of example) human error, power outages, flooding or other natural
disasters, or engineered materials and structures experiencing stresses beyond those for which they
were designed. 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 from
such potential damage,and if appropriate to draft and enact such legislation.
3. Preservation of the Town's irreplaceable scenic sites, air quality and water quality, and priceless and
unique character, is of significant value to the inhabitants of the Town and to the tourists who visit
here. Preserving and protecting the agricultural, scenic, recreational, and other natural resources of
the Town is important for both a healthy environment and vibrant economy. Aesthetic issues deeply
affect the way people feel about a place. They are the issues that determine people want to live in a
town or if not businesses want to locate there. In order to protect such Town assets in the face of
significant development pressures, the Town Board believes it is appropriate to identify and
designate Critical Environmental Areas within the Town.
4. Allowing the activities described in § 4 of this Local Law would impair the existing character of the
Town, because by their very nature such activities have the potential to produce a combination of
impacts upon the environment and people living in or in proximity to the communities in which they
are located. Such impacts may include, without limitation, traffic, noise, vibrations, fumes, damage to
roadways, light pollution, degradation of water quality, degradation of air quality, decreased
availability of affordable housing, damage to and loss of open space, natural areas, and scenic views,
adverse effects on wildlife, decreased recreational opportunities, and damage to the tourism
industries.
S. If one or more of the activities described in § 4 of this Local Law are conducted within the Town,
traffic generated thereby could be hazardous or inconvenient to the inhabitants of the Town. Roads
are a critical public resource and constitute a major investment of the public's money.All Town roads,
with the exception of roads in approved subdivisions, are "highways by use" (New York Highway Law
§ 189), which have never been engineered, built, maintained, or designed to handle or to 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 § 4 of this Local Law. The Town Board believes it is appropriate to evaluate the
• effectiveness of road use legislation as a tool to protect the Town's resources from such costs and
damage, and if appropriate to develop a road use policy and enact such legislation to protect Town
taxpayers from having to shoulder the burden of repairing or rebuilding roads damaged by activities
described in §4 of this Local Law.
Page 3 of 17
6. The creation, generation, keeping, storage or disposal of Natural Gas And/Or Petroleum Extraction,
Exploration Or Production Wastes (as that term is defined at § 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.
7. The high costs associated with the disposal of Natural Gas And/Or Petroleum Extraction, Exploration
Or Production Wastes (as that term is defined at § 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.
8. 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, and in any event require a clear zone for reasons of inspection, 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.
9. The Town has not been the home of heavy industrial activity in the past.The Town Board believes it is
appropriate to evaluate the advisability of developing and enacting legislative standards to ensure
that any industrial activity contemplated for the Town take place only if compatible with present land
uses and with the Town's soon to be proposed Comprehensive Plan.
10.Evaluation and determination of whether the activities described in § 4 of this Local Law are
40 appropriate for the Town is a legitimate goal of land use policy 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. at6.
And see also Matter of Gernatt Asphalt Products, Inc. v. Town of Sardinia, 87 N.Y. 2d 668 (1996),
where 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,'
and 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).
Page 4 of 17
C. The purpose of this Local Law is to provide the Town of Newfield with a period of time to consider, and
if appropriate to draft and to enact, a comprehensive plan, and/or one or more local laws to establish
industrial site plan review, identify and designate critical environmental areas, develop aquifer
protection legislation, develop a road use policy, and/or prohibit the activities described in § 4 of this
Local Law. At this time, it appears to the Town Board that a moratorium of the term specified in Article
III, § 4(C) hereof, coupled with a mechanism for a `hardship exemption' 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 Town 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§ 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 (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.
Gathering Line, Or Production Line - Any system of pipelines (and other equipment such as drip
adstations, 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 § 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).
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 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,
iogeophysical 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.
Page 5 of 17
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
•ydrocarbons, 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 statutory or regulatory
definitions of "industrial waste," "hazardous," or "toxic," 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, 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, fracking 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.
Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes 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, 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 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) Natural Gas Compression Facility; (b) Natural Gas Processing Facility; (c) Natural Gas
And/Or Petroleum Extraction, Exploration Or Production Wastes Disposal/Storage Facility; (d) Natural
Gas And/Or Petroleum Extraction, Exploration Or Production Wastes Dump; (e) Land Application
Facility; (f) Non-Regulated Pipelines; (g) Underground Injection; or(h) Underground Natural Gas Storage.
Natural Gas Compression Facility - 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.
Page 6 of 17
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, 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.
Specifically includes 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 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 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 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 Newfield,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 § 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, by or into an Injection Well.
Underground Natural G as Storage - Subsurface storage, including in dep leted 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
Page 7 of 17
because of market conditions. Without limitation, this term includes compression and dehydration
facilities,and associated pipelines.
section 4. MORATORIUM AND PROHIBITION.
A. 1. From and after the date of this Local Law,no application for a building permit, 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 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.
2. From and after the effective date of this Local Law, no person shall use, cause, or permit to be used,
any land body of water, building, or other structure located within the Town for 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. The moratorium and prohibition set forth above in § 4(A) is not intended, and shall not be construed,
to: (i) prevent or prohibit the right to use roadways in commerce or otherwise for 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
muses within the Town.
C. This initial term of this moratorium and prohibition shall beginning on the effective date of this Local
Law and shall expire upon the earlier of(i) July 10, 2014, or (ii) the effective date of a duly enacted repeal
of this Local Law.
Section 5. PENALTIES.
A. Failure to comply with any of the provisions of this Local Law shall be an unclassified misdemeanor as
contemplated by Article 10 and § 80.05 of the New York State Penal Law and, upon conviction thereof,
shall be punishable by a fine of not more than One Thousand Five Hundred Dollars ($1,500) or
imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a
three month period shall be punishable by a fine of not more than Two Thousand Five Hundred Dollars
($2,500) or imprisonment for a period of not more than 30 days, or both. For purposes of this § 5(A),
each day that a violation of this Local Law exists shall constitute a separate and distinct offense.
B. Compliance with this Local Law may also be compelled and violations restrained by order or by
injunction of a court of competent jurisdiction, in an action brought on behalf of the Town by the Town
Board.
C. 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 attorney's
•fees,and such amount shall be determined and assessed by the court.
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Section 6. `GRANDFATHERING' OF LEGAL, PRE-EXISTING NON-CONFORMING USES.
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:
A.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 all valid permits
required by the New York State Department of Environmental Conservation ("DEC") and all other
regulating 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 of§§ 6(B) and (C) below.
2. Natural Gas And/Or Petroleum Extraction Activities that are being conducted in the Town as of the
effective date of this Local Law and which do not qualify for treatment under the preceding§ 6(A)(1)
shall not be grandfathered,and shall in all respects be prohibited as contemplated by§4 hereof.
B. Upon the depletion of any well that is allowed to remain in operation after the effective date of this
Local Law by virtue of § 6(A)(1), or upon any other substantive cessation of Natural Gas And/Or
Petroleum Extraction Activities (otherwise grandfathered by virtue of said § 6(A)(1)) for a period of
more than twelve (12) months, then and in such event the non-conforming use status of such Activity
shall terminate, and thereafter such Natural Gas And/Or Petroleum Extraction Activities shall in all
respects be prohibited as contemplated by§4 hereof.
C. Notwithstanding any provision hereof to the contrary, the pre-existing, non-conforming status
conferred and recognized by § 6(A)(1) 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 shall not be grandfathered under§ 6(A)(1), and instead shall in all
respects be prohibited as contemplated by§ 4 hereof.
Section 7. CONFLICTING APPROVALS OR PERMITS WITHOUT FORCE OR EFFECT WITHIN THE TOWN.
Except as contemplated by § 8 of this Local Law, no permit or approval issued by the Town shall be
deemed valid when or to the extent that such activity or activities would violate the moratorium and
prohibition set forth at§ 4 of this Local Law.
Section 8. HARDSHIP EXEMPTION.
A. There is hereby established a mechanism by which persons aggrieved by a decision or determination
of the Town's Code Enforcement Officer (or other administrative official or body charged with the
enforcement of this Local Law) regarding§ 4 of this Local Law may make appeal to the Town Board for a
Hardship Exemption from the provisions of said § 4. The Town Board shall have the power, upon an
appeal from a decision or determination of the Code Enforcement Officer or other administrative official
or body charged with the enforcement of this Local Law, after public notice and hearing and in
•accordance with the requirements of law and this Local Law, to consider applications for a Hardship
Exemption from the provisions of § 4 of this Local Law. Applicants for a Hardship Exemption should
consult the provisions of§§ 8 and 9 of this Local Law for application requirements and the procedural
mechanisms involved in the consideration by the Town Board of an application for a Hardship
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Exemption.
Ir. No such Hardship Exemption shall be granted by the Town Board without a showing by the applicant
hat enforcement of § 4 of this Local Law as to such applicant has caused "unnecessary hardship" for
purposes hereof. In order to prove unnecessary hardship for purposes hereof, the applicant must
demonstrate to the Town Board satisfaction of each of the following four conditions: (i) that, unless the
applicant is granted a Hardship Exemption from the provisions of § 4 of this Local 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 Exemption, 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.
1. Reasonable Rate of Return. In evaluating whether the applicant can realize a reasonable rate of return
for purposes hereof, the Town Board 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 Exemption shall be granted unless, in addition to
satisfying all other applicable provisions of this Local Law, the Town Board 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 Exemption from the provisions of§ 4 of this Local Law.
S2. Unique Hardship. No Hardship Exemption shall be granted unless, in addition to satisfying all other
applicable provisions of this Local Law, the Town Board 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 other area 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 Town Board may find that the applicant suffers from a self-created
hardship in the event that the Board finds that (i) the applicant's inability to obtain a reasonable
return on the property as a whole results from having paid too much or 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 and which did not apply to the parcel as
a whole; or (iii) when the applicant purchased the property, he or she 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 Town Board 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 of the Town, (ii) the Town's irreplaceable
recreation, scenic, and tourism sites, (iii) the extent of hazard to life, limb or property that may result
from the proposed project, (iv) health impacts, (v) the social and economic impacts of traffic
congestion, noise, dust, odors, emissions, solid waste generation and other nuisances, (vi) the impact
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on property values, and (viii) whether the applicant will use a style of development that will result in
degradation to the air quality, water quality or 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 Town Board 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 this Local
Law, an application for any Hardship Exemption shall contain a typewritten narrative explaining what
the application is for, how the project meets or exceeds all of the criteria for a Hardship Exemption, and
inclusion 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) specification of the following: (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 Local Law or thereafter; and (j) "dollars and cents proof' such as appraisals,
fi) economic studies, and any other such evidence supporting the applicant's contention that the grant of
a Hardship Exemption is appropriate.
(For purposes hereof, common ownership means all other interests in property either located within
the Town or contiguous to the Town that is held by the any of the applicants (if more than one),
whether such ownership is of a legal or equitable interest, in whole or in part, contiguous or not, and
whether such property interest is held by any of the applicants through a legal or equitable interest in
another corporation, partnership, trust, business, entity, association, fund, joint venture, or
individually.)
2. With respect to a claim that, if granted, the requested Hardship Exemption 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 essential character
with regard to physical, economic, social or environmental elements. 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 view shed, 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 Exemption shall include the following reports in writing as deemed
and specified by the Town Board, so as to assist the Town Board in determining whether a grant of the
requested Hardship Exemption will adversely alter the essential character of the neighborhood or other
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area in the vicinity of the applicant's property:
$1. Environmental Assessment Form. A completed draft of a Long Form Environmental Assessment
Form, Part I, regarding the proposed project.
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, intermittent, seasonal and other
streams, rivers, and waterways, significant natural communities, endangered and threatened species
and species of concern, and 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,the
projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour
traffic levels, if the Hardship Exemption is granted; (b) existing and proposed daily and peak traffic
hour levels as road capacity levels; (c) a determination of the area of impact of traffic to and from the
proposed project; (d) the proposed traffic routes to the nearest intersection with an arterial highway,
including gross weights and heights 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 Exemption 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
Exemption is granted; (h) 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 Exemption is granted; (i) 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
Exemption is granted; and (j) determination of whether there is sufficient road frontage so that any
vehicle leaving the site may turn into the lane of traffic moving in the desired direction and be
channeled within such lane before crossing the nearest intersection or proceeding along the road and
any vehicle entering the property may turn out of the nearest lane of traffic without interfering with
other traffic if the Hardship Exemption is granted.
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, horizontal
and vertical curves along the proposed traffic routes; (b) the adequacy of existing pavement
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
Exemption is granted; and (c) impacts to the rural or scenic character of any roads along the proposed
traffic route if the Hardship Exemption is granted.
5. Transportation Plan. A description of ingress and egress through the proposed project site through
which equipment and supplies will be delivered and which will provide access during and after
construction if the Hardship Exemption is granted, and identification of any roads, streets,
intersections, bridges, and other facilities along the proposed traffic route that do not meet New York
• State Department of Transportation standards. 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 access/traffic routes and measures that will be taken
to restore damaged routes following construction, and measures to maintain the scenic and/or rural
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characteristics of such roads.
•6. Noise Impact Report. A report containing the following: (a) a description of the existing audible
conditions at the project site to identify a baseline sound presence and preexisting 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 Exemption is granted, including noise
impacts from truck traffic travelling within the Town to and from the proposed project; (c) with
respect to the noise to be generated by construction and use of the proposed project, the range of
noise levels and the tonal and frequency characteristics expected, and the basis for such expectation.
(Such report shall cover, without limitation, low frequency, A-weighted, infrasound, pure tone, and
repetitive/impulse noise); (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, areas with outdoor workers, etc.) within one mile of the project parcel boundaries.
(Said description shall include the location of the structure/land use,and distances from the proposed
project, and expected decibel readings for each 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 Exemption is granted. This presentation shall include
computerized photographic simulation showing the site during construction and fully developed and
• demonstrating any visual impacts from strategic vantage points. 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 Exemption
is granted.
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
Exemption is granted.
10. Fiscal Impact Assessment. An assessment describing the adverse effects and impacts on Town
revenue and costs necessitated by additional public facility and service costs likely to be generated by
the proposed project if the Hardship Exemption 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 medial services, police or other
emergency responders if the Hardship Exemption is granted; (b) an analysis of the worst case
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disaster associated with the proposed project if the Hardship Exemption is granted and the impact of
such a disaster upon the health, safety and welfare of the inhabitants of the Town and their property;
4 (c) designation of the specific agencies that would respond to potential fires, equipment failures,
accidents or other emergencies if the Hardship Exemption is granted; (d) description of all emergency
response training and equipment needed to respond to a fire, accident, equipment failure or other
emergency, including an assessment of the training and equipment available to local 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 Town
public facilities and services, including water supply, fire protection, school services, recreation
facilities, police protection, roads and storm-water 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 Exemption 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 Exemption 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
time shall also include the time it takes volunteer emergency personnel to get to their stations); and
(c) a review of the impact of the proposed project on the safety if the Hardship Exemption is granted
of all children going to and from school by car, bus, bicycle, and walking during and outside of school
zone hours and whether safety measures such as signaled cross walks or elevated sidewalks, green
0 space buffers for pedestrians/bikes where established walking/biking route overlap/run along
intended truck routes so as to aid in the prevention of accidents.
13. Property Value Assessment. A property value analysis, prepared by a licensed appraiser in
accordance with industry standards, regarding the potential impact of the project if the Hardship
Exemption is granted on the value of properties adjoining the project site.
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 Exemption is
granted and a priority list of recommendations to minimize the potential health impacts of the
proposed project. The health impact assessment shall include (a) a risk assessment of possible
impact of chemical exposure on the health of residents, including the Chemical Abstract Service
number of all chemicals proposed to be used or generated at the project site; (b) an assessment of
possible health effects due to industrial operations in non-heavy industrial zoned areas; 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 sudden changes in population numbers, demographics and customs.
Section 9. HARDSHIP EXEMPTION APPLICATION PROCEDURES; TOWN BOARD CONSIDERATION
PROCEDURE.
A. Every application for a Hardship Exemption shall be in writing on forms from time to time prescribed
•by the Town Board, and shall be signed by the applicant. If the applicant is not the owner of the property
involved, the owner of the property shall nonetheless attest to the accuracy of the statements and
representations made in the application, and both the applicant and the owner shall certify that he (or
she or it) has undertaken due diligence with respect to the accuracy of the matters contained in the
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application. Ten copies of the application and supporting documentation shall be filed with the Town
Board, accompanied by a fee in the amount set from time to time by resolution of the Town Board. The
Town Board is hereby authorized to adopt rules and regulations for the conduct of hearings on
pplications for Hardship Exemptions,consistent with this Local Law and State statutes.
B. In evaluating an application for a Hardship Exemption, the Town Board shall comply with any
applicable provisions of the state environmental quality review act (SEQRA) under Article 9 of the
Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the
New York Codes Rules and Regulations,as the same may from time to time be amended.
C. The Town Board shall schedule a hearing on all applications for a Hardship Exemption within 62 days
of the filing of a complete application therefor. Said 62 day period may be extended by mutual agreement
of the Town Board and the applicant, or whenever required by law, including but not limited to the
completion of any required SEQRA procedures. Public notice of the hearing shall be given at least five
days prior to the date thereof by publication in the Town's official newspaper. The Town Board may
adjourn or continue such public hearing from time-to-time. The cost of sending or publishing any notices
relating to any application shall be borne by the applicant, and shall be paid to the Town Board prior to
the hearing. At least five days before any hearing on an application for, the Town Board shall mail all
notices that the Attorney for the Town may advise are necessary or advisable (such as, for example,
notices to abutters and notices that maybe required by§§ 239-1, -m, and -n of the NYS General Municipal
Law).
D. In addition to such other procedures as may be required by applicable law, the following shall apply
with respect to the conduct of hearings regarding applications for Hardship Exemptions: (a) the burden
Wof proof shall remain with the applicant to show that he (or she or it) has satisfied the conditions
necessary to qualify for a Hardship Exemption, and the burden shall never shift to the Town; (b) any
party may appear in person or by agent or by attorney; (c) no decision or determination shall be made
except upon consideration of the record as a whole and as supported by and in accordance with
substantial evidence; (d) all evidence shall be made a part of the record; and (e) official notice may be
taken of all facts of which judicial notice could be taken and of other facts within the specialized
knowledge of the Town Board. When official notice is taken of a material fact not appearing in the
evidence in the record and of which judicial notice could be taken, every party shall be given notice
thereof and shall on a timely request be afforded an opportunity prior to decision to dispute the fact or its
materiality.
E. Decisions by the Town Board on applications for a Hardship Exemption shall be made within 62 days
from the close of the public hearing on such matter. The time within which the Town Board must render
its decision may, however, be extended by mutual consent of the applicant and the Town Board.The final
decision on such matter shall be made by written order signed by the Town Supervisor. Such decision
shall state the findings of fact that were the basis for the Town Board's determination. The Town Board's
decision as to each application for a Hardship Exemption shall be filed in the office of the Town Clerk no
later than five business days after the day such decision is rendered,and shall be made a public record.
F. The Town Board, in the granting of Hardship Exemptions, shall grant only the minimum Exemption
that it shall deem necessary and adequate to allow an economically beneficial use of the property, and at
the same time preserve and protect the essential character of the neighborhood and the health, safety
Aft welfare of the community.
G. The Town Board, in the granting of Hardship Exemptions, shall have the authority to impose such
reasonable conditions and restrictions as are directly related to and incidental to the proposed project.
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Such conditions shall be consistent with the spirit and intent of this Local Law, and shall be imposed for
the purpose of minimizing any adverse impact such Hardship Exemption may have on the neighborhood
or other area in the vicinity of the applicant's property. Such conditions may include, but are not limited
o, landscaping, lighting, access and egress, signs, screening, location and layout of buildings, and
limitations upon the use or characteristics of the use which are reasonably related to the public health,
safety and general welfare and as may be necessary to carry out the intent of this Local Law. If the
applicant refuses to accept such requirements and conditions,the Hardship Exemption shall be denied.
H. Any person aggrieved by a decision of the Town Board with respect to an application for a Hardship
Exemption may apply to the Supreme Court for review by proceedings under Article 78 of the Civil
Practice Law and Rules. Such proceedings must be instituted no later than thirty (30) days after the filing
of the Town Board's decision in the Town Clerk's office.
I. Any grant by the Town Board of a Hardship Exemption shall expire if a building permit for the
proposed project is not obtained by the applicant within one hundred twenty(120) days from the date of
the decision granting such Exemption.
J. Whenever the Town Board denies an application for a Hardship Exemption, the Town Board shall
refuse to hold further hearings on such or a substantially similar application by the same property owner
or his successor or assign for a period of one year following such denial, unless the Town Board shall find
and determine from the information supplied that changed conditions have occurred relating to the
promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a
reconsideration is justified.
*K. The purpose of this sub-section is to set forth those conditions and circumstances under which the
Hardship Exemption application and submission requirements of this § 10 maybe modified or waived by
the Town Board. Where the Town Board finds that, due to the special circumstances of a particular case,
a waiver or modification of certain requirements or procedures is justified, a waiver or modification may
be granted. In all cases, no waiver or modification shall be granted unless the Town Board finds and
records in its minutes that: (1) granting the waiver or modification would be keeping with the intent and
spirit of this Local Law, the information is not relevant to the application or the purposes of this Local
Law, and a waiver or modification is in the best interests of the community; (2) there is or is expected to
be no adverse effect upon the character,appearance, or welfare of any neighborhood or the environment
due to the granting of any such waiver or modification; (3) there are special circumstances involved in
the particular case; (4) denying the modification or waiver would result in undue hardship,provided that
such hardship has not been self-imposed; and (5) the modification or waiver, if granted, is the minimum
necessary degree of variation from the requirements of this Local Law. All applications for any
modification or waiver of the requirements of this § 10 shall be submitted in writing.
Section 10. 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 Town Board of the Town hereby declares that it
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would have enacted this Local Law, or the remainder thereof, even if, as to particular provisions and
persons or circumstances,a portion hereof is severed or declared invalid or unenforceable.
Section 11. SUPERSEDING INTENT AND EFFECT.
During the time this Local Law is in effect, it is the specific intent of the Town Board, to supersede any
inconsistent provisions of any and all other local ordinances,local laws or local resolutions of the Town of
Newfield.
Section 12. GENERAL PROVISIONS.
A. The Code Enforcement Officer is hereby designated as the enforcement officer for purposes of
interpreting and enforcing this Local Law. The Town Board reserves the right, by resolution to change or
designate additional enforcement officers.
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.
Section 13. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the New York Department of State.
I hereby certify that the local law annexed hereto, designated as Local Law No. _ of 2013 of the Town of
Newfield, was duly passed by the Town Board on July 11, 2013 in accordance with the applicable
provisions of law.
I further certify that I have compared the preceding local law with the original on file in this office and
that the same is a correct transcript there from and of the whole of such original local law, and was finally
adopted in the manner indicated abov irtal&L- o
Town Clerk
(Seal) Date: July 12,2013
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for • - actment of the local law annexed hereto.
Gu ogh, Esq.,
Thaler&Thaler
Special Counsel for the Town of Newfield
Date:
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