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HomeMy WebLinkAboutTompkins County High-Volume Hydraulic Fracturing letter 10-31-11.pdfffiS,l$.**:ffi *;i tr :$* is Edward C. Marx' AICP Commissioner of Planning and Community SustainabilitY October 31,,20Lt Hon. Kate SuPron Village of Cayuga Heights 125 Cayuga Park Rd. Ithaca, NY 14850 Telephone (607) 27 4-5560 Fax (607) 274-5578 Dear Mayor Supron, The New york State Department of Environmental Conservation (DEC) recently released the Revised Draft Supplemental Generic Environmental lmpact Statement (SGEIS) and once finalized will begin issuing permits for high-volume hydraulic fracturing operations (HVHF), i.e. drilling for and extracting natural gas from shale that underlies our region. Even if very little drilling occurs in Tompkins County or your village, we are likely to experience secondary impacts because of gas extraction in adjacent counties. The impacts include increased traffic, increased demand for housing, and new or expanded businesses. Regardless of how this new development is viewed it is likely to occur at a pace that has not been experienced in this part of New york State, and unprepared municipalities run the risk of being overwhelmed by proposals that they do not have the tools to adequately address. lt is in your municipality's best interest to consider the impacts and plan for them before a proposal is submitted or before your community's character is changed without any involvement of your local government. The information presented below is the result of a yearlong collaboration between the Tompkins County Council of Governments (TCCOG) and Tompkins County Planning Department. The TCCoG Gas Drilling Task Force has met regularly since May 2010 and has been discussing how municipalities can address issues related to gas drilling. An additional planner position, supported by park Foundation funding, was added to the Planning Department staff to assist with this effort. There is much debate about the role that local municipalities will play in the future of gas development, though the debate could be put to rest shortly by the State Legislature or by the courts. o The New York State Legislature is considering an amendment to the Environmental Conservation Law to clarify a municipality's jurisdiction on enacting and enforcing zoning ordinances for permissible uses. The bill, sponsored by Assemblywoman Barbara Lifton, passed the Assembly in June 2011 and awaits a vote in the Senate. o A lawsuit was recently brought against the Town of Dryden to challenge their zoning amendment prohibiting gas drilling in the town. A court decision could clarify the authority of local municipalities absent action by the State Legislature. Moreover, even though NYSDEC regulates the well pads and drilling processes, there are a number of other uses that could only be regulated by municipalities including such uses as truck terminals that may cause traffic congestion, dust, and so on. Municipalities can require such uses to be located only in industrially zoned areas and can use a zoning or site plan review process to require a traffic assessment, provision of necessary transportation improvements to mitigate adverse traffic impacts, and mitigating measures to address other adverse impacts on neighboring properties and the community. This type of development is not hypothetical. lt is currently being experienced just over the State line in Pennsylvania and is certain to come here if drilling activity occurs. ln order to begin to understand the potential impacts that natural gas extraction and ancillary uses might have on your community, the following steps should be taken: o Educate your village board and the public on the HVHF process and potential land use impacts. A number of resources are available, and public information sessions have been held to share those resources. o Determine how and where the DEC will permit gas drilling based on the Supplemental Generic Environmental lmpact Statement. o Assess where gas drilling could take place in your community based on lease patterns, although this could change over time. o Utilize the Municipal Tools list and prioritize a review of current plans, laws and regulations or the adoption of new plans, laws and regulations, as applicabte to your community The enclosed document, Municipal Tools for Addressing potential Gas Drilling lmpacts, highlights the Whot, Why, ond How of each tooi: o What provides a definition of the tool; . Why explains the purpose or rationale for considering the tool based on the assumption that shale gas drilling and extraction may soon begin in and around Tompkins County;o How details the steps for the Village Board to consider for implementation. Local law adoption associated.with a majority of the tools will require an environmental review and public participation. o Resources or DEC references are provided where applicable. This document with additional resources will soon be available on the Tompkins county Planning DePartment ins under "Planning DePartment News") and Tompkins County Council of GovernmentsNewsr,) and Tompkins county Louncll oT \foverllrrrsrrLJ \rrr!v't, vr"r'!'!v!!'F""-- websites. Accessing the Toors via one of these websites wiil ailow for easier use of the links included throughout the document' The MunicipalTools list may seem overwhelming, but we believe that most communities still havetimetobecomebetterpreparedforpotentialimpactsofHVHFshoulditcometotheir community or adjacent municipalities. lt will be very difficult to play catch-up once the permitting process at the State level begins' The County Planning Department can provide advice and assistance as to how to apply these tools to your community. Sincerely, il-1. -*V Edward C. Marx, AICP Commissioner of Planning and Community Sustainability Enc. cc:Chairs, Planning Board and Zoning Board of Appeals Tompkins CountY Legislators