HomeMy WebLinkAboutLocal Law 1 2013 Prohibition-of-Natural-Gas-and-Petroleum-Exploration..and-Production-Wastes.pdf
Page 1 of 19
LOCAL LAW FILING New York State Department of State
41 State Street, Albany, NY 12231
_________________________________________________________________________________________________________________________________________
(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
Town of Enfield
Village
Local Law No. 1 of the year 2013. A local law “to effect a Prohibition Within The
Town of Natural Gas And Petroleum Exploration And Extraction Activities,
Underground Storage Of Natural Gas, And Disposal Of Natural Gas Or Petroleum
Extraction, Exploration, And Production Wastes.”
Be it enacted by the Town Board of the
County
City
Town of Enfield, as follows:
Village
Section 1. TITLE
This Local Law shall be known as the: “Prohibition Within the Town 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.”
Section 2. AUTHORITY AND INTENT; FINDINGS; PURPOSE
A. This Local Law is intended 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; Statute of Local Governments §10, Environmental
Conservation Law § 17-1101 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, 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 land uses, such as ne gative impacts on roadways and
traffic congestion and other deleterious impacts on a community. This Law is not intended to
regulate the operational processes of any business. This Local Law is a law of general applicability
and is intended to promote the interests of the community as a whole.
Page 2 of 19
This Local Law intends to regulate, in a manner consistent with law, including without limitation, NY
ECL § 27-0711, and conducive to the health and welfare of the citizens of the Town, the dumping,
discharging, injection and disposal of materials herein defined as “Natural Gas And/Or Petroleum
Extraction, Exploration Or Production Wastes” on lands and in bodies of water within the Town.
This Local Law is intended to protect drinking water supplies and is intended to supplement and
enhance and is not intended to impinge upon the Safe Drinking Water Act or the Underground
Injection Control programs administered by the Environmental Protection Agency.
This Local Law is intended and is hereby declared to impose conditions and restrictions on the use of
property that are directly related to and incidental to the use of that property, and such conditions
and restrictions are aimed at minimizing or precluding the adverse impact on the Town that could
result from an inappropriate use of the property that could otherwise adversely affect the comfort,
peace, enjoyment, health and safety of the residents of the Town of Enfield and the use and
enjoyment of surrounding land(s).
B. The Town Board has found, determined, and made the following declarations of findings:
1. Enfield is a community on the western border 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.
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 Subsection 6. A. 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. 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.
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.
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 Town is important for both a healthy environment and vibrant
economy. Aesthetic issues are real and evoke strong reactions from people. They deeply affect the
way people feel about a place – whether or not businesses will want to locate in a place, or people
will want to live in and visit a place.
5. Allowing the activities described in Subsection 6. A. 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 negative impacts upon the environment and people living in or in proximity to
the communities in which they are located. Such negative impacts may include, without
Page 3 of 19
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,
decreased recreational opportunities, and damage to the tourism industries.
6. If one or more of the activities described in Subsection 6. A. of this Local Law are conducted
within the Town, traffic generated thereby could be hazardous or inconvenient to the inhabitants
of the Town and could be dangerous to pedestrians (especially children), cyclists, and motorists,
and could result in traffic congestion that could delay emergency response times for medical
emergencies, fires and accidents. Certain of the activities described in Section 6 of this Local Law
typically involve a large volume of heavy trucks, and accidents involving heavy trucks have
greater potential for death than those involving smaller vehicles, and are more likely to occur on
roads (such as many roads in the Town) that have sharp corners, narrow lanes, or short sight
lines; thus increased volume of heavy truck traffic may create unsafe conditions for the traveling
public and a strain on emergency responders. Increased truck traffic increases air pollution and
noise levels, and decreases 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. Many
Town roads are “highways by use” (as contemplated by Section 189 of the NY Highway Law) and
so are not necessarily engineered or able to carry repeated legal limit loads. 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 Subsection 6. A. of this Local Law.
7. If one or more of the activities described in Subsection 6. A. of this Local Law are conducted
within the Town, the air pollution, 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.
8. If one or more of the activities described in Subsection 6. A. of this Local Law are conducted
within the Town, noise, vibrations, and light pollution typically caused by such Activities could be
hazardous or inconvenient to the inhabitants of the Town. Noise, traffic congestion, nighttime
lighting, and vibrations can have negative effects on human health and wildlife.
9. The creation, generation, keeping, storage or disposal of Natural Gas And/Or Petroleum
Extraction, Exploration Or Production Wastes (as that term is defined at Section 5 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.
10. 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 5 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.
Page 4 of 19
11. 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.
12. The Town has not been the home of heavy industrial activity in the past. The Town Board
believes it is appropriate to ensure that any industrial activity contemplated for the Town takes
place only if compatible with present land uses and with the Town’s Comprehensive Plan.
13. The explicit proscription of activities such as those prohibited by Subsection 6. A. of this Local
Law is a legitimate use of police power-based laws. See 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, held as follows:
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.
C. The Purposes respecting this Local law are as follows:
1. Purposes. This Local Law is enacted so as to take proactive steps to protect and preserve the
quality of the Town’s air and water and historic resources, and other assets, and to protect and
promote the health, safety, and welfare of the Town and its present and future residents. Without
limiting the generality of the foregoing, this Local Law is intended and is declared by the Town Board
to:
a. promote the purposes of planning and land use regulation by, among other things, preserving the
roads, and fire, police, and other emergency response services in the Town;
b. promote the health, safety and welfare of the Town, its present and future inhabitants, by
protecting them from the adverse public nuisance and/or land use impacts and effects that could
result if the activities prohibited by Subsection 6. A. of this Local Law were allowed to be conducted
within the Town;
c. protect the Town’s priceless and unique character, the preservation of which is of significant value
to the inhabitants of the Town and the tourists who visit here, by protecting it from the adverse
public nuisance and/or land use impacts and effects that could result if the acti vities prohibited by
Subsection 6. A. of this Local Law were allowed to be conducted within the Town; and
d. protect the Town’s irreplaceable historic, water quality, air quality, scenic and other natural
resources, by protecting them from the adverse public nuisance and/or land use impacts and effects
that could result if the activities prohibited by Subsection 6. A. of this Local Law were allowed to be
conducted within the Town.
Page 5 of 19
Section 3. DEFINITION OF THIS “LOCAL LAW,” “THIS “LAW,” ETC.
As used herein, the term this “Local Law” shall mean and be this Local Law No. 1 of 2013.
As used in Article II of this Local Law, the term “this Law,” “this chapter,” and “herein” shall mean, be,
and refer to the “Prohibition Within the Town 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,” as the same may be amended from time to time.
Section 4. INTERPRETATION
The statements of authority, intent, findings, and purpose are legislatively adopted along with the
formal text of this Local Law. They are intended as a legal guide to the administration and
interpretation of this Local Law and shall be treated as legislative history.
Section 5. 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 (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
stations, vent stations, pigging facilities, valve box, transfer pump station, measuring and regulating
equipment, yard and station piping, and cathodic protectio n equipment), used to move oil, gas, or
liquids from a point of production, treatment facility or storage area to a transmission line, which is
exempt from the Federal Energy Regulatory Commission’s jurisdiction under section 1(b) of the
Natural Gas Act, and which does not meet the definition of a “Major utility transmission facility”
under the Public Service Law of New York, Article 7, §120(2)(b).
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
Page 6 of 19
standard temperature and pressure conditions, and/or gaseous components or vapors occurring in
or derived from petroleum or other hydrocarbons.
Natural Gas And/Or Petroleum Exploration Activities --- Geologic or geophysical activities related to
the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such
activities involve or employ core, rotary, or any other type of drilling or otherwise making any
penetration or excavation of any land or water surface in the search for and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
Natural Gas And/Or Petroleum Extraction Activities --- The digging or drilling of a well for the
purposes of exploring for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons, including without limitation any and all forms of shale fracturing.
Natural Gas And/Or Petroleum Extraction, Exploration Or Production Wastes --- 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, 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.
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 an y 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
Page 7 of 19
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 --- A facility constructed or operated to compress natural gas that
originates from a gas well or collection of such wells, operating as a midstream facility for delivery of
gas from a gas field for entry into the transmission pipeline system; the term shall not include the
transmission pipeline itself; 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, 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 statio ns, 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, but only if such material has been
moved from its naturally occurring location through an industrial process. 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.
Page 8 of 19
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 Enfield, 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 by or into an Injection Well.
Underground Natural Gas Storage --- Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its original location for the primary
purpose of load balancing the production of natural gas. Includes compressi on and dehydration
facilities.
Section 6. PROHIBITION WITHIN THE TOWN OF NATURAL GAS AND/OR PETROLEUM
EXPLORATION ACTIVITIES, NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES, AND
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
A. Subject to the provisions of Subsection 6. B. below, it shall be unlawful for any person to 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 prohibitions set forth above in Subsection 6. A. are not intended, and shall not be construed,
to: (x) prevent or prohibit the right to use roadways in commerce or otherwise for travel; (y) 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 (z)
prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil,
gasoline, diesel fuel, kerosene, or propane in connection wit h legal Agriculture, residential, business,
commercial, and other non-prohibited lawful and/or permitted uses within the Town.
Section 7. 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 Section 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
Page 9 of 19
Thousand Five Hundred Dollars ($2,500) or imprisonment for a period of not more than 30 days, or
both. For purposes of this Subsection 7. 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 in the name of the Town without appropriate authorization from the Town
Board. If equitable relief is requested by the Town in the form of an 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 7 shall be the exclusive remedy of the Town, and
each remedy or penalty specified in this Section 7 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, or regulation. 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 7.
C. In addition, any enforcement officer (Building Inspector, or Code 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 an y other
applicable law or ordinance, including, without limitation, the New York 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 8. ‘GRANDFATHERING’ OF LEGAL, PRE-EXISTING NON-CONFORMING USE.
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 to be issued 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 Subsections B. and C. of this Section 8.
Page 10 of 19
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
Clause A. 1. of this Section 8 shall not be grandfathered, and shall in all respects be prohibited as
contemplated by Subsection 6. A. hereof.
B. Upon the depletion of any well which is allowed to remain in operation after the effective date of
this Local Law by virtue of Clause A. 1. of this Section 8, or upon any other substantive cessation of
Natural Gas And/Or Petroleum Extraction Activities (otherwise grandfathered by virtue of Clause A.
1. of this Section 8) 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 Subsection 6. A.
hereof.
C. Notwithstanding any provision hereof to the contrary, the pre-existing, non-conforming status
conferred and recognized by Clause A. 1. of this Section 8 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 Clause A. 1. of this Section 8, and instead shall in all respects be prohibited as contemplated by
Subsection 6. A. hereof. Any such ‘grandfathered’ and allowed lawful pre-existing uses shall not
possess any right to expand such non-conforming use, whether above or below ground, and no such
right shall be deemed, construed, or implied to exist.
Section 9. CONFLICTING LOCAL APPROVALS OR PERMITS WITHOUT FORCE OR EFFECT WITHIN
THE TOWN.
Except as contemplated by Section 10 of this Local Law, no permit or approval issued by any local
agency, department, commission or board shall be deemed to grant any rights, permission or
approval to undertake activities within the Town of Enfield when or to the extent that such activity
or activities would violate the prohibition set forth at Subsection 6. A. of this Local Law.
Section 10. 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 Section 6 of this Local Law may make
appeal to the Town Board for a Hardship Exemption from the provisions of said Section 6. 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 Section 6 of this
Local Law. Applicants for a Hardship Exemption should consult the succeeding provisions of this
Section 10, as well as Section 11 of this Local Law, for specification of application requirements and
the procedural mechanism involved in consideration by the Town Board of an application for a
Hardship Exemption.
Page 11 of 19
B. No such Hardship Exemption shall be granted by the Town Board without a showing by the
applicant that enforcement of Section 6 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 t he following four
conditions: (i) that, unless the applicant is granted a Hardship Exemption from the provisions of
Section 6 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 “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 Section 6 of this Local Law.
2. 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 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
Page 12 of 19
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 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 pursu ant 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, including the following:
1. With respect to a claim that the applicant cannot realize a reasonable rate of return, the
applicant shall provide 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, 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 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 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 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.
Page 13 of 19
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 (without limitation) the following
reports, 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 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.
Page 14 of 19
5. Transportation Plan. A description of ingress and egress through the proposed project site
through 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 Exemption is granted; and (b) an 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 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 Exemption be granted; 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 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 conn ection 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; (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, which description shall
include the location of the structure/land use, and distances from the proposed p roject, 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 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 a nd
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
Page 15 of 19
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 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 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; (c) designation of the specific agencies that would response 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 response 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, elevated sidewalks, green space buffers
for pedestrians/bikes where established walking/biking route overlap/run along intended truck
routes so as to 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,
Page 16 of 19
regarding the potential impact of the project if the Hardship Exemption 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
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 ge nerated 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 (if any).
Section 11. 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 non etheless 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 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 applications 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 may be required by Section 239 -
m 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 applicat ions for Hardship Exemptions: (a)
Page 17 of 19
the burden of 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 suppor ted 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, or whenever required by law, including but not limited to the completion of any
required SEQRA procedures. 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 and 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. 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 to, 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. No action in violation of the requirements of Section 6 of this
Local Law shall be conducted under or pursuant to any Hardship Exemption unless in strict
compliance with any conditions and/or restrictions stated in such decision or order granting such
Hardship Exemption.
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.
Page 18 of 19
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 Sections 10 or 11 may be 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 Section 10 shall be submitted in writing.
Section 12. 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 herefrom, and the Town Board of the Town
hereby declares that it 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 13. 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 Enfield.
Page 19 of 19
Section 14. GENERAL PROVISIONS
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, 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 15. 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. 1 of 2013 of the Town
of Enfield, was duly passed by the Town Board on June 12, 2013 in accordance with the applicable
provisions of law.
I further certify that I have compared the preceding local law with the original o n 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 Section 2 above.
Alice Linton, Town Clerk
(Seal) Date:
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 the enactment of the local law annexed hereto.
________________________________________________
Guy K. Krogh, Esq.,
Thaler & Thaler
Attorney for the Town of Enfield
Date: