meeting avon january 8 2015 page 8 - food & water … · the regular meeting town of avon...

THE REGULAR MEETING TOWN OF AVON JANUARY 8 2015 PAGE 8

RESOLUTION 20 LOCAL LAW 1 2015

On motion of Supervisor LeFeber seconded by Councilman Blye the following resolution wasADOPTED AYES 5 NAYS 0

RESOLVE to adopt Local Law 1 2015 as follows

TOWN OF AVON LOCAL LAW NO 1 2015

A local law to extend a Moratorium and Prohibition within the Town of Avon LivingstonCounty New York hereinafter Town of Natural Gas and Petroleum Exploration andExtraction Activities Underground Storage ofNatural Gas and Disposal or Treatment ofNatural Gas or Petroleum Extraction Exploration and Production Wastes

BE IT ENACTED by the Town Board of the Town of Avon Livingston County NewYork as follows

Section 1 Title

This Local Law shall be known as the Moratorium on and Prohibition of Gas and

Petroleum Exploration and Extraction Activities Underground Storage ofNatural Gas andDisposal or Treatment ofNatural Gas or Petroleum Extraction Exploration and ProductionWastes

Section 2 Authority and Intent Findings Purpose

A Authority and Intent This Local Law is intended to be consistent with and is

adopted pursuant to the authority granted to the Town Board of the Town ofAvon under the New York State Constitution and the Laws of the State ofNewYork including but not limited to the following authorities New York StateConstitution Article IX Section 2cii610Municipal Home Rule Law101iMunicipal Home Rule Law 101iia61112 and 14Municipal Home Rule Law 101iid3Municipal Home Rule Law102Municipal Home Rule Law 103Municipal Home Rule Law104aand b Statute of Local Governments 1016 and 7 Town Law64 17a 20b and 23 Town Law 1305678 11 14 15

and 23 Town Law 135 Town Law Article 16 Zoning Planninginclusive Environmental Conservation Law 171101 270711 and NewYork State Law Public Health Law 228 2 and 3

This Law is a land use regulation This Law is intended and is hereby declaredto address matters of local concern and it is declared that it is not the intentionof the Town to address matters of statewide concern This Local Law is

intended to act as and is hereby declared to exercise the permissive incidentalcontrol of a zoning law and land use law that is concerned with the broad area


of land use planning and the physical use of land and property within the Townincluding the physical externalities associated with certain land uses such asnegative impacts on roadways and traffic congestion and other deleteriousimpacts on a community

B Findings of Fact The Town makes the following Findings of Fact relating tothis Local Law

Avon is a community in the northern part of Livingston County thattakes great pride in and assigns great value to its rural residentialcharacter smalltown atmosphere fine agricultural lands and culturalrecreational scenic and other natural resources Avon attracts asignificant number of yearly visitors Avon seeks to attract even morevisitors and that strategy has the potential to be a significant economicdevelopment driver provided that Avon protects its scenic and othernatural resources

2 Many residents are dependent upon aquifers and wells for lifesustainingwater maintaining the quality of water resources within the Town iscritical to protecting the natural environment of the Town the generalhealth and welfare of Town residents and the local economy

Preservation of the Towns irreplaceable recreational and scenic siteshighquality agricultural land air quality and water quality andpriceless and unique character is of significant value to the inhabitantsof the Town and to the people who visit here

4 The Townsrich natural environment is a valuable asset that creates a

sense of identity and wellbeing for residents of the area Preservingand protecting the scenic recreational and other natural resources of theTown is important for both a healthy environment and vibrant economyAesthetic issues are real and evoke strong reactions from people Theydeeply affect the way people feel about a place whether or not

businesses will want to locate or people will want to live in and visit aplace

5 On or about January 9 2014 the Avon Town Board duly adopted aprevious one year Moratorium on and Prohibition of Gas andPetroleum Exploration and Extraction Activities Underground StorageofNatural Gas and Disposal or Treatment of Natural Gas or PetroleumExtraction Exploration and Production Wastes hereafter PreviousMoratorium Said Previous Moratorium shall expire on or aboutJanuary 15 2015 one year after being filed with the New YorkSecretary of State


6 During the term of the Previous Moratorium the Town Board evaluatedthe research on the natural gas industry and technologies provided bythe previously constituted committee

7 The Town of Avon subsequently constituted a committee to review andrevise the TownsComprehensive Master Plan hereafterComprehensive Plan Committee which said Comprehensive PlanCommittee actively sought proposals from professional consultants toassist with the review and revision process

8 The Town initially engaged the services of a particular professionalconsultant to assist with the review of and revisions to the

Comprehensive Master Plan The Townsrelationship with suchconsultant did not succeed and the Town had to request theComprehensive Plan Committee to interview and recommend additionalprofessional consultants

9 The Comprehensive Plan Committee recommended a new professionalconsultant and the Town approved entering into a professional servicesagreement with said consultant to assist the Comprehensive PlanCommittee and the Town with review of and revisions to the

Comprehensive Master Plan

10 The Comprehensive Plan Committee has begun the review process andwith the assistance of the consultant is scheduling community inputforums as well as a potential survey to ascertain the values of thecommunity with regard to various issues including but not limited to theissues relating to natural gas and petroleum development within theTown

11 The review and revision of the TownsComprehensive Master Plan is asignificant undertaking for Town and community resources

12 As a result of the complexity and time intensive effort associated withthe process of reviewing and revising the TownsComprehensiveMaster Plan and the making of any subsequent necessary changes oramendments to the Town of Avon Zoning Code or other legislationdeemed necessary to carry out the intent of the revised ComprehensiveMaster Plan the Town Board hereby finds and determines that itrequires additional time during which to have an opportunity for suchprocesses to be further advanced so that appropriate changes can bemade to the Comprehensive Master Plan and Avon Zoning Code toadequately address the potential issues and impacts associated with thenatural gas industry as identified by the initial research committeeduring the period of the initial Moratorium


13 Allowing the activities prohibited by Section 4 of the Local Lawwithout first reviewing and revising the TownsComprehensive MasterPlan and creating and adopting appropriate legislation and amendmentsor revisions to the Town of Avon Zoning Code may impair the existingcharacter of the Town because by their nature such activities may havethe potential to produce a combination of negative impacts upon theenvironment and people living in or in proximity to the communities inwhich they are located Such negative impacts may include withoutlimitation traffic noise vibrations fumes damage to roadwaysdegradation of water quality degradation of air quality decreasedavailability of affordable housing damage to and loss of agriculturallands and soils damage to and loss of open space natural areas andscenic views decreased recreational opportunities and damage to thetourism industries

14 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town without appropriate legislation to createmandatory road use agreements traffic generated thereby may behazardous or inconvenient to the inhabitants of the Town and may bedangerous to pedestrians especially children cyclists and motoristsand could result in traffic congestion that could delay emergencyresponse times for medical emergencies fires and accidents Roads area critical public resource and constitute a major investment of thepublicsmoney The Town is not in a position to bear the potential highcosts associated with the possible road use impacts includingdegradation of road infrastructure that accompany many of the activitiesprohibited by Section 4 of the Local Law Accidents involving heavytrucks have greater potential for death than those involving smallervehicles Increased truck traffic increases air pollution and noise levelsand decreases the quality of life and property values for those livingnearby

15 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town without proper legislation and ZoningCode revisions after review and revision to the TownsComprehensiveMaster Plan air pollution dust and odors generated thereby whetheronsite or by truck traffic to and from the proposed site of such activitiesmay create hazards or inconvenience the inhabitants of the Town Airpollution is a known hazard to the public health

16 Allowing one or more of the activities prohibited by Section 4 of theLocal Law to be conducted within the Town without proper legislationand Zoning Code revisions after review and revision to the TownsComprehensive Master Plan may negatively impact the quality ofwaterresources within the Town Water pollution is hazardous to the public


health If a domestic water source is contaminated remediation may betime and cost intensive and may not restore the water resource to aquality acceptable for domestic use

17 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town without proper legislation and ZoningCode revisions after review and revision to the TownsComprehensiveMaster Plan noise vibrations and light pollution typically caused bysuch Activities may cause hazard or inconvenience to the inhabitants ofthe Town Noise traffic congestion nighttime lighting and vibrationmay have negative effects on human health and negatively impactwildlife

18 The creation generation keeping storage treatment or disposal ofNatural Gas andor Petroleum Extraction Exploration or ProductionWastes as that term is defined at Section 3 of the Local Law withinthe Town without proper legislation and Zoning Code revisions afterreview and revision to the TownsComprehensive Master Plan mayhave a negative impact on the public health safety and welfare of theinhabitants of the Town

19 The high costs associated with the treatment andor disposal ofNaturalGas andor Petroleum Extraction Exploration or Production Wastes asthat term is defined at Section 3 of the Local Law in our Townwithout proper legislation and Zoning Code revisions after review andrevision to the TownsComprehensive Master Plan could result inpersons seeking to avoid such costs by depositing such material alongroadways in vacant lots on business sites in the private dumpsters ofothers or in other unauthorized places Such activities could pose ahazard to the public health safety and welfare of the inhabitants of theTown

The explicit proscription of the activities prohibited by Section 4 of theLocal Law is a legitimate goal of land use laws

C Purpose The purpose of the Local Law is to enable the Town of Avon totemporarily stay the construction operation and establishment of and thesubmission and processing of applications for permits zoning permits specialuse permits zoning variances building permits operating permits site planapprovals subdivision approvals certificates of occupancy certificates ofcompliance temporary certificates and other Townlevel approvals relating tothe activities prohibited by Section 4 of the Local Law for a reasonable timeso as to allow the Town time to review and revise the TownsComprehensiveMaster Plan and to determine and effectuate appropriate legislative actionincluding revisions or amendments to the Townszoning laws to appropriately


address the same within the proper confines ofNew York State law The TownBoard finds that a extended moratorium of twelve 12 months durationcoupled with a mechanism for an unnecessary hardship variance procedurewill achieve an appropriate balancing of interests between on the one hand thepublic need to safeguard the character and other resources of the Town of Avonand the health safety and general welfare of its residents and the rights ofindividual property owners or businesses desiring to conduct such activities onthe other during such period

Section 3 Definitions

For purposes of this Local Law the following terms shall have the meaningsrespectively

set forth below

Agriculture Use Land used for the production of crops andor livestock and livestockproducts as those terms are defined at Section 301 of the New York State Agriculture andMarkets Law

Below Regulatory Concern Radioactive material in a quantity or of a level that isdistinguishable from background as that phrase is defined at 10 CFR201003 but which isbelow the regulation threshold established by any regulatory agency otherwise havingjurisdiction over such material in the Town

Gathering Line Or Production Line Any system of pipelines and other equipmentsuch as drip stations vent stations pigging facilities valve box transfer pump stationmeasuring and regulating equipment yard and station piping and cathodic protectionequipment used to move oil gas or liquids from a point of production treatment facility orstorage area to a transmission line which is exempt from the Federal Energy RegulatoryCommissionsjurisdiction under section 1b of the Natural Gas Act and which does not meetthe definition of a Major utility transmission facility under the Public Service Law ofNewYork Article 7 1202b

High Volume Hydraulic Fracturing The stimulation of a vertical or horizontal well

using 300000 gallons or more of water as the primary carrier fluid in the Hydraulic FracturingFluid used in the process ofHydraulic Fracturing

Horizontal Drilling The process of drilling a well from the surface to a subsurfacelocation just above the target gas or oil reservoir then deviating the well bore from the verticalplane around a curve to intersect the reservoir at the an entry point with a near horizontalinclination and remaining within the reservoir until the desired bottom hole location isreached


Hydraulic Fracturing The process of pumping Hydraulic Fracturing Fluid down awellbore either vertical or horizontal under high pressure causing fractures in the gas bearingrock formation Components of the Hydraulic Fracturing Fluid prop or hold open the fracturesnewly created allowing the gas or oil to be extracted

Hydraulic Fracturing Fluid The fluid used to perform hydraulic fracturing andincludes the primary carrier fluid and any applicable additives

Injection Well A bored drilled or driven shaft whose depth is greater than the largestsurface dimension or a dug hole whose depth is greater than the largest surface dimensionthrough which fluids which may or may not include semi solids are injected into thesubsurface and ninety 90 percent or more of such fluids do not return to the surface within aperiod of ninety 90 days The definition of Injection Well does not include a single familyseptic systems that receive solely residential waste b drainage wells used to drain surfacefluids primarily storm runoff into the ground c geothermal wells associated with therecovery of geothermal energy for heating or production of electric power or d bore holesdrilled to produce water to be used as such

Land Application Facility A site where any Natural Gas Exploration andorPetroleum Production Wastes are applied to the soil surface or injected into the upper layer ofthe soil

Natural Gas Methane and any gaseous substance either combustible or noncombustible which is produced in a natural state from the earth and which maintains a gaseousor rarefied state at standard temperature and pressure conditions andor gaseous componentsor vapors occurring in or derived from petroleum or other hydrocarbons

Natural Gas andor Petroleum Exploration Activities Geologic or geophysicalactivities related to the search for natural gas petroleum or other subsurface hydrocarbonsincluding prospecting geophysical and geologic seismic surveying and sampling techniquesbut only to the extent that such activities involve or employ core rotary or any other type ofdrilling or otherwise making any penetration or excavation of any land or water surfaceincluding but not limited to the use ofHigh Volume Hydraulic Fracturing andor HorizontalDrilling in the search for and evaluation of natural gas petroleum or other subsurfacehydrocarbon deposits

Natural Gas andor Petroleum Extraction Activities The digging or drilling of awell including but not limited to the use of High Volume Hydraulic Fracturing andorHorizontal Drilling for the purposes of exploring for developing or producing natural gaspetroleum or other subsurface hydrocarbons

Natural Gas andor Petroleum Extraction Exploration or Production WastesAny of the following in any form and whether or not such items have been excepted orexempted from the coverage of any federal or state environmental protection laws or havebeen excepted from statutory or regulatory definitions of industrial waste hazardous ortoxic and whether or not such substances are generally characterized as waste a below


regulatory concern radioactive material or any radioactive material which is not belowregulatory concern but which is in fact not being regulated by the regulatory agency otherwisehaving jurisdiction over such material in the Town whether naturally occurring or otherwisein any case relating to arising in connection with or produced by or incidental to theexploration for the extraction or production of or the processing treatment or transportationof natural gas petroleum or any related hydrocarbons b natural gas or petroleum drillingfluids including but not limited to Hydraulic Fracturing Fluid c natural gas or petroleumexploration drilling production or processing wastes d natural gas or petroleum drillingtreatment wastes such as oils fracturing fluids produced water brine flowback sedimentandor any other liquid or semi liquid material e any chemical waste oil waste emulsifiedoil mud or sediment that was used or produced in the drilling development transportationprocessing or refining of natural gas or petroleum f soil contaminated in the drillingHydraulic Fracturing including but not limited to High Volume Hydraulic Fracturingtransportation processing or refining of natural gas or petroleum g drill cuttings fromHydraulic Fracturing High Volume Hydraulic Fracturing andor Horizontal Drilling fornatural gas or petroleum wells or h any other wastes associated with the exploration drillingproductions or treatment of natural gas or petroleum This definition specifically intends toinclude some wastes that may otherwise be classified as solid wastes which are not hazardouswastes under 40CFR 2614b The definition ofNatural Gas andor PetroleumExtraction Exploration or Production Wastes does not include i recognizable and nonrecognizable food wastes or ii waste generated by Agriculture Use

Natural Gas andor Petroleum Extraction Exploration or Production WastesTreatment Disposal or Storage Facility Any of the following a tanks of anyconstruction metal fiberglass concrete etc b impoundments c pits d evaporationponds or e other facilities in any case used for the storage or treatment ofNatural Gasandor Petroleum Extraction Exploration or Production Wastes that i are being held forinitial use ii have been used and are being held for subsequent treatment purifyingneutralizing reuse or recycling iii are being held for treatment purifying or neutralizing oriv are being held for storage

Natural Gas andor Petroleum Extraction Exploration or Production WastesDump Land upon which Natural Gas andor Petroleum Extraction Exploration orProduction Wastes or their residue or constituents before or after treatment are depositeddisposed discharged injected placed buried or discarded without any intention of furtheruse

Natural Gas andor Petroleum Support Activities Shall mean and be any one ormore of the following a Natural Gas Compression Facility b Natural Gas ProcessingFacility c Natural Gas andor Petroleum Extraction Exploration or Production WastesTreatment Disposal or Storage Facility d Natural Gas andor Petroleum ExtractionExploration or Production Wastes Dump e Land Application Facility f Non RegulatedPipelines g Underground Injection or h Underground Natural Gas Storage

Natural Gas Compression Facility Those facilities or combination of facilities thatmove 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 gasdehydration and tanks for the storage of waste liquids and hydrocarbon liquids

Natural Gas Processing Facility Those facilities that separate and recover naturalgas liquids NGLs andor other non methane gases and liquids from a stream of producednatural gas using equipment for any of the following cleaning or stripping gas cooking anddehydration residual refinement treating or removing oil or condensate removing waterseparating NGLs removing sulfur or carbon dioxide fractionation ofNGLs or the capture ofCOa separated from natural gas streams

Non Regulated Pipelines Those pipelines that are exempt or otherwise excludedfrom regulation under federal and state laws regarding pipeline construction standards orreporting requirements Specifically includes production lines and gathering lines

Person Any individual public or private corporation for profit or not for profitassociation partnership limited liability company limited liability partnership firm trustestate and any other legal entity whatsoever which is recognized by law as the subject ofrights and duties

Pipeline All parts of those physical facilities through which petroleum gashazardous liquids or chemicals move in transportation including pipes valves and otherequipment and appurtenances attached to pipes and other equipment such as drip stations ventstations pigging facilities valve boxes transfer pump stations measuring and regulatingequipment yard and station piping and cathodic protection equipment whether or not laid inpublic or private easement or private right ofway within the Town This includes withoutlimitation gathering lines production lines and transmission lines

Radioactive Material Material in any form that emits radiation but only if suchmaterial has been moved from its naturally occurring location through an industrial processSuch material is radioactive material for purposes hereof whether or not it is otherwiseexempt from licensing and regulatory control pursuant to the NYS Department of Labor theUS Nuclear Regulatory Commission the US Environmental Protection Agency the USDepartment of Energy the US Department of Transportation or any other regulatory agency

Radiation The spontaneous emission of particles alpha beta neutrons or photonsgamma from the nucleus of unstable atoms as a result of radioactive decay

Subsurface Below the surface of the earth or of a body ofwater as the context mayrequire

Town The Town of Avon Livingston County New York

Transmission Line A pipeline that transports oil gas or water to end users as apublic utility and which is subject to regulation either by a the Federal Energy RegulatoryCommissionsjurisdiction under section 1b of the Natural Gas Act or b as a Major utilitytransmission facility under the Public Service Law ofNew York Article 7 1202b


Treatment The cleaning neutralization purification or other form of alteration ofany wastes or byproduct resulting from Natural Gas andor Petroleum Exploration ActivitiesNatural Gas andor Petroleum Extraction Activities or Natural Gas andor Petroleum SupportActivities whether or not such wastes or byproduct originate in the Town of Avon orelsewhere

Underground Injection Subsurface emplacement ofNatural Gas andor PetroleumExtraction Exploration or Production Wastes by or into an Injection Well

Underground Natural Gas and Storage Subsurface storage including in depletedgas or oil reservoirs and salt caverns of natural gas that has been transferred from its originallocation for the primary purpose of load balancing the production of natural gas Includescompression and dehydration facilities and pipelines

Section 4 Moratorium and Prohibition

A Unless permitted pursuant to Section 6 or Section 8 hereafter from and after thedate of this Local Law no application for a permit zoning permit specialpermit zoning variance building permit operating permit site plan approvalsubdivision approval certificate of occupancy certificate of compliancetemporary certificate or other Townlevel approval of any nature shall beaccepted processed entertained approved approved conditionally or issuedby any board employee official or agent of the Town of Avon for theconstruction establishment or use or operation of any land body of waterbuilding or other structure located within the Town of Avon for any of thefollowing activities i any Natural Gas andor Petroleum ExplorationActivities ii any Natural Gas andor Petroleum Extraction Activities iii anyNatural Gas andor Petroleum Support Activities or iv any Treatment of anywastes or byproduct resulting from Natural Gas andor Petroleum ExplorationActivities Natural Gas andor Petroleum Extraction Activities or Natural Gasandor Petroleum Support Activities whether or not such wastes or byproductoriginate in the Town of Avon or elsewhere

B 1 Unless permitted pursuant to Section 6 or Section 8 hereafter from andafter the date of this Local Law no Person shall use cause or

permit to be used any land body ofwater building or other structurelocated within the Town of Avon for any of the following activitiesi any Natural Gas andor Petroleum Exploration Activities ii anyNatural Gas andor Petroleum Extraction Activities or iii any NaturalGas andor Petroleum Support Activities or iv any Treatment of anywastes or byproduct resulting from Natural Gas andor PetroleumExploration Activities Natural Gas andor Petroleum ExtractionActivities or Natural Gas andor Petroleum Support Activities whether


or not such wastes or byproduct originate in the Town of Avon orelsewhere

2 The prohibitions set forth above in Clause 1 of this Section 4B are notintended and shall not be construed to a prevent or prohibit thetransmission of natural gas through utility pipes lines or relatedappurtenances for the purpose of supplying natural gas utility services toresidents of or buildings located in the Town or b prevent or prohibit

the

Activities

incidental or normal sale storage or use of lubricating oil heating oilgasoline diesel fuel kerosene or propane in connection with legalAgriculture residential business commercial and other uses within theTown so long as such uses do not involve any Natural Gas andorPetroleum Exploration Activities Natural Gas andor PetroleumExtraction Activities or Natural Gas andor Petroleum Support

C This moratorium and prohibition shall be in effect beginning on the effectivedate

for

of this Local Law and shall expire on the earlier of i that date which is twelve12 months after said effective date or ii the effective date of a Town Boardresolution affirmatively stating the Town Board has determined that the need

this moratorium and prohibition no longer exists

D This moratorium and prohibition shall apply to all real property within theTown

ofAvon

E Under no circumstances shall the failure of the Town Board of the Town of

Avon the Zoning Board of Appeals of the Town of Avon the PlanningBoard of the Town of Avon or the Code Enforcement Officer for the Town ofAvon to take any action upon any application for a permit zoning permitspecial permit zoning variance building permit operating permit site planapproval subdivision approval certificate of occupancy certificate ofcompliance temporary certificate or other Townlevel approval constitute anapproval by default or an approval by virtue of expiration of time to respond tosuch application

Section 5 Penalties

A Failure to comply with any of the provisions of this Local Law shall be anunclassified misdemeanor as contemplated by Article 10 and Section 8005 ofthe New York State Penal Law and upon conviction thereof shall bepunishable by a fine of not more than One Thousand Five Hundred Dollars


1500 or imprisonment for not more than 10 days or both for the firstoffense Any subsequent offense within a threemonth period shall bepunishable by a fine of not more than Two Thousand Five Hundred Dollars2500 or imprisonment for a period of not more than 30 days or both Forpurposes of this Clause A each day that a violation of this Local Law existsshall constitute a separate and distinct offense

B Compliance with this Local Law may also be compelled and violationsrestrained by order or by injunction of a court of competent jurisdiction in anaction 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 Lawthe violator will be responsible for any and all costs incurred by the Townrelative thereto including attorneysfees and such amount shall be determinedand assessed by the court If such expense is not paid in full within 30 daysfrom the date it is determined and assessed by the Court such expense shall becharged to the propertieswithin the Town on which the violation occurred byincluding such expense in the next annual Town tax levy against such propertyand such expense shall be a lien upon such property until paid

Section 6 Grandfathering of Legal Pre existing Non Conforming Use

A 1 The prohibitions set forth above in Clause 1 of Section 4B above arenot intended and shall not be construed to prevent or prohibit aproduction or extraction of natural gas andor petroleum from anyexisting vertical well in production and existing within the Town ofAvon prior to the adoption of this Local Law so long as such activitiesare in all respects being conducted in accordance with all applicablelaws and regulations including without limitation all permits required tobe issued by the New York State Department of EnvironmentalConservation DEC and all other regulating agencies and bexploration activities for natural gas andor petroleum typically used forvertical wells as of the date of adoption of this Local Law and necessaryto continue the production from such wells as described immediatelyabove so long as such exploration activities are in all respects beingconducted in accordance with all applicable laws and regulationsincluding without limitation all permits required to be issued by the NewYork State Department of Environmental Conservation DEC and all

other regulating agencies All such natural gas or petroleum extractionand exploration activities as identified immediately above shall beconsidered to be grandfathered as preexisting non conforming usesand shall be allowed to continue subject however to the provisions ofClauses B and C of this Section 6


2 Natural gas andor petroleum extraction that is being conducted fromvertical wells within the Town as of the effective date of this Local Law

and which do not qualify for treatment under the preceding Clause A1of this Section 6 shall not be grandfathered and shall in all respects beprohibited as contemplated by Section 4 hereof

B Upon the depletion of any well which is allowed to remain in operation after theeffective date of this Local Law by virtue of Clause A1 of this Section 6 orupon any other substantive cessation of natural gas andor petroleum extractionactivities otherwise grandfathered by virtue of Clause A1 of this Section 6for a period of more than twelve 12 months then and in such event the nonconforming use status and grandfathering of such activity shall terminate andthereafter such natural gas andor petroleum extraction activities shall in allrespects be prohibited as contemplated by Section 4 hereof

C Notwithstanding any provision hereof to the contrary the preexisting nonconforming status conferred and recognized by Clause A1 of this Section 6 isnot intended and shall not be construed to authorize or grandfather any naturalgas andor petroleum extraction activities extending beyond whatever well boreis authorized in any DEC permit in existence as of the effective date of thisLocal Law Any expansion or attempted or purported expansion other thanwhat is contemplated in Clause A1 of this Section 6 shall not be grandfatheredand instead shall in all respects be prohibited as contemplated by Section 4hereof

Section 7 Invalidity of any Conflicting Approvals or Permits

No permit or approval issued by any local or state agency department commission orboard shall be deemed valid within the Town of Avon when or to the extent that such permit orapproval purports to allow or permit any activity that would violate the prohibitions set forth atSection 4 of this Local Law

Section 8 Hardship Use Variance

The Zoning Board of Appeals of the Town of Avon is hereby authorized to accept andreview after public notice and hearing and in accordance with the requirements of law and ofthis Local Law requests for a hardship use variance from application of the provisions of thisLocal Law by Persons aggrieved hereby

No such use variance shall be granted by the Zoning Board of Appeals without ashowing by the applicant that applicable zoning regulations and restrictions have causedunnecessary hardship


A Unnecessary Hardship In order to prove such unnecessary hardship theapplicant is required to demonstrate to the Zoning Board of Appeals that withrespect to every permitted use under the zoning regulations for the particulardistrict where the property is located each of the following four criteria issatisfied i the applicant cannot realize a reasonable return on the entire parcelof property and such lack of return is substantial as demonstrated by competentfinancial evidence ii the alleged hardship relating to the property in questionis unique and does not apply to a substantial portion of the district orneighborhood iii the requested use variance if granted will not alter theessential character of the rural area hamlet or other neighborhood and iv thealleged hardship has not been self created

B Reasonable Rate of Return In evaluating whether the applicant can realize areasonable rate of return the Zoning Board of Appeals must examine whetherthe entire original or expanded property holdings of the applicant are incapableof producing a reasonable rate of return and not just the site of the proposeddevelopment project No use variance shall be granted unless in addition tosatisfying all other applicable provisions of law and this Law the Zoning Boardof Appeals finds that the applicant has clearly demonstrated by detaileddollars and cents proof the inability to obtain a reasonable return for theentire parcel and not just the site of the proposed project and for each andevery permitted use in the district including those uses permitted by special usepermit

C Unique Hardship No use variance shall be granted unless in addition tosatisfying all other applicable provisions of law and this Law the Zoning Boardof Appeals finds that the entire parcel ofwhich the project is a part possessesunique characteristics that distinguish it from other properties in the area

D Essential Character of the Neighborhood In making the determination ofwhether the proposed development project will alter the essential character ofthe neighborhood the Zoning Board of Appeals shall take into account factorsthat are of vital importance to the citizens of the Town including withoutlimitation i the rural residential and agricultural character of the Town ii itsirreplaceable recreation and tourism sites iii the extent of hazard to life limbor property if any may result from the proposed development project ivhealth impacts v the social and economic impacts of traffic congestion noisedust odors emissions solid waste generation and other nuisances vi theimpact on property values and vii whether the applicant will engage in a typeof development that will result in degradation to the air quality water qualityand environment of the Town In order to find that the proposed developmentproject does not alter the essential character of the neighborhood the ZoningBoard of Appeals shall interpret the public interest in said essential character ofthe neighborhood to require at a minimum that the project will not do any ofthe following a pose a threat to the public safety including public health


water quality or air quality b cause an extraordinary public expense or ccreate a nuisance

E SelfCreated Hardship The Zoning Board of Appeals may find that theapplicant suffers from a self created hardship in the event that the Board findsthat i the applicantsinability to obtain a reasonable return on the property as awhole results from having paid too much or from a poor investment decisionii the applicant previously divided the property and is left with only a portionwhich suffers from some unique condition for which relief is sought and whichdid not apply to the parcel as a whole or iii when the applicant purchased theproperty he or she knew or should have known the property was subject to thezoning restrictions

In the event the Zoning Board of Appeals grants a hardship use variance from theprovisions of this Local Law to the applicant the applicant shall be required to comply with allprovisions of the Townsthen applicable zoning laws and other laws and regulations togetherwith any amendments to such law or regulations which may be enacted during the term of thisLocal Law Any hardship use variance that is granted shall grant only the minimum variancethat the Board of Appeals deems necessary and adequate to address the unnecessary hardshipproven by the applicant and at the same time preserve and protect the character of theneighborhood and the health safety and welfare of the community

Section 9 Severability

If any word phrase sentence part section subsection or other portion of this LocalLaw or the application thereof to any person or to any circumstance is adjudged or declaredinvalid or unenforceable by a court or other tribunal of competent jurisdiction then and insuch event such judgment or declaration shall be confined in its interpretation and operationonly to the provision of this Local Law that is directly involved in the controversy in whichsuch judgment or declaration is rendered and such judgment or declaration of invalidity orunenforceability shall not affect or impair the validity or enforceability of the remainder of thisLocal Law or the application hereof to any other persons or circumstances If necessary as tosuch person or circumstances such invalid or unenforceable provision shall be and be deemedsevered herefrom and the Town Board of the Town hereby declares that it would have enactedthis Local Law or the remainder thereof even if as to particular provisions and persons orcircumstances a portion hereof is severed or declared invalid or unenforceable

Section 10 Superseding Intent and Effect

During the time this Local Law is in effect it is the specific intent of the Town Boardpursuant to Municipal Home Rule Law 10liid3and 22 to supercede a anyinconsistent provisions set forth in Town Law 265a 267 267a 267b 268 274a274b 276 277 278 and 279 b any other inconsistent provisions set forth in

Article 16 of the Town Law c any inconsistent provisions of the Zoning Code of the TownofAvon and d any inconsistent provisions of any and all other local ordinances local lawsor local resolutions of the Town of Avon


Section 11 Effective Date

This Local Law shall take effect immediately upon filing with the New YorkDepartment of State

Vote of the Board Councilman Ayers Aye Councilman Steen Aye Councilman BlyeAye Deputy Supervisor Mairs Aye Supervisor LeFeber Aye

RESOLUTION 21 AUTHORIZE SUPERVISOR TO SIGN THE INTERMUNICIPALAGREEMENT FOR MACHINERY TOOLS EQUIPMENT AND SERVICESSHARING WITH LIVINGSTON COUNTY

On motion of Councilman Blye seconded by Councilman Steen following resolution wasADOPTED AYES 5 NAYS 0

RESOLVE to authorize the Supervisor to sign the following intermunicipal agreement

January 28 2015

To Town ClerksFrom Elaine D Szoczei Brehm

Re Intermunicipal Agreement

Enclosed please find an agreement between the County and allTowns in Livingston County covering the use of County owned

machinery tools or equipment by other municipalitiesResolution 2010381

The County Board of Supervisors is asking that before the County can execute thisagreement we need the following completed

Please confirm this at your next board meeting by passing a resolution attach toagreement sign the agreement on page 4 notarize that signature on page 5 andreturn to the Livingston County Highway department no later than January 31 2015

Thank you for your prompt attention to this matter

CONTRACT EXTENSION

INTERMUNICPAL AGREEMENT FOR MACHINERYTOOLS EQUIPMENT AND SERVICE SHARING

Resolution 2010381


RESOLUTION 21 AUTHORIZE SUPERVISOR TO SIGN THE INTERMUNICIPALAGREEMENT FOR MACHINERY TOOLS EQUIPMENT AND SERVICESSHARING WITH LIVINGSTON COUNTY continued

The parties hereto agree to extend the terms of the above referenced contract for an additionalterm of one 1 year to terminate on December312015 The current equipment and wageschedule is attached hereto

Town of AvonBy David LeFeberTown Supervisor

County of LivingstonBy Eric GottChairman of the Board of Supervisors


RESOLUTION 22 PAYMENT OF BILLS

On motion of Councilman Steen seconded by Councilman Mairs following resolution wasADOPTED AYES 5 NAYS 0

RESOLVE to accept for payment Abstract 20151 in the following amounts

Concerning ABSTRACT of Claims Number 2015 01 including claims as follows

General Fund Voucher 1 through 19 in amounts totaling 789187Highway Fund Voucher 1 through 4 in amounts totaling 222492Water Fund Voucher 1 through 6 in amounts totaling 281052Cemetery Fund Voucher 1 through 1 in amounts totaling 90000

Opera Block Capital Improvement No Voucher

Royal Springs Lighting Voucher 1 through 1 in amounts totaling 105205Cross Roads Drainage District No VoucherBruckel Drainage District No Voucher

Royal Springs Drainage No VoucherTown OfAvon Fire Protection No VoucherRte 39 Water SW2 No Voucher


5ppIa RECEIVED

rihti 2 2 201211KNIGHT

TOWN OFAVON LOCAL LAWNO OF 2012 TOWN CLERK TAX COLLECTOR

A local law to institute a Moratorium and Prohibition within the Town of Avon LivingstonCounty New York hereinafter Town of Natural Gas and Petroleum Exploration andExtraction Activities Underground Storage of Natural Gas and Disposal of Natural Gas orPetroleum Extraction Exploration and Production Wastes

BE IT ENACTED by the Town Board of the Town of Avon Livingston County NewYork as follows

Section 1 Title

This Local Law shall be known as the Moratorium on and Prohibition of Gas and

Petroleum Exploration and Extraction Activities Underground Storage of Natural Gas andDisposal of Natural Gas or Petroleum Extraction Exploration and Production Wastes

Section 2 Authority and Intent Findings Purpose

A Authority and Intent This Local Law is intended to be consistent with and isadopted pursuant to the authority granted to the Town Board of the Town of Avonunder the New York State Constitution and the Laws of the State of New Yorkincluding but not limited to the following authorities New York StateConstitution Article IX Section 2cii610Municipal Home Rule Law101iMunicipal Home Rule Law 101iia61112 and 14Municipal Home Rule Law 101iid3Municipal Home Rule Law 102Municipal Home Rule Law 103Municipal Home Rule Law 104aandb Statute of Local Governments 1016and7Town Law 64 17a20b and 23 Town Law 130567811 14 15 and 23Town Law 135 Town Law Article 16 Zoning Planning inclusiveEnvironmental Conservation Law 17 1101 270711 and New York StateLaw Public Health Law 228 2 and3

This Law is a police power and land use regulation This Law is intended and ishereby declared to address matters of local concem and it is declared that it is notthe intention of the Town to address matters of statewide concern This LocalLaw is intended to act as and is hereby declared to exercise the permissiveincidental control of a zoning law and land use law that is concerned with thebroad area of land use planning and the physical use of land and property withinthe Town including the physical externalities associated with certain land usessuch as negative impacts on roadways and traffic congestion and other deleteriousimpacts on a community

B Findings of Fact The Town makes the following Findings of Fact relating tothis Local Law

1 Avon is a community in the northern part of Livingston County that takesgreat pride in and assigns great value to its rural residential charactersmall town atmosphere fine agricultural lands and cultural recreationalscenic and other natural resources Avon attracts a significant number ofyearly visitors Avon seeks to attract even more visitors and that strategyhas the potential to be a significant economic development driverprovided that Avon protects its scenic and other natural resources and doesnot instead devote its open space to industrial scale gas extraction drillingand associated large scale industrial activities

2 Many residents are dependent upon aquifers and wells for life sustainingwater maintaining the quality of water resources within the Town iscritical to protecting the natural environment of the Town the generalhealth and welfare of Town residents and the local economy

3 Preservation of the Towns irreplaceable recreational and scenic siteshigh quality agricultural land air quality and water quality and pricelessand unique character is of significant value to the inhabitants of the Townand to the people who visit here

4 The Townsrich natural environment is a valuable asset that creates a

sense of identity and wellbeing for residents of the area Preserving andprotecting the scenic recreational and other natural resources of the Townis important for both a healthy environment and vibrant economyAesthetic issues are real and evoke strong reactions from people Theydeeply affect the way people feel about a place whether or not

businesses will want to locate or people will want to live in and visit aplace

5 Allowing the activities prohibited by Section 4 of the Local Law withoutfirst obtaining more education and information may impair the existingcharacter of the Town because by their nature such activities may havethe potential to produce a combination of negative impacts upon theenvironment and people living in or in proximity to the communities inwhich they are located Such negative impacts may include withoutlimitation traffic noise vibrations fumes damage to roadwaysdegradation of water quality degradation of air quality decreasedavailability of affordable housing damage to and loss of agricultural landsand soils damage to and loss of open space natural areas and scenicviews decreased recreational opportunities and damage to the tourismindustries

6 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town traffic generated thereby may behazardous or inconvenient to the inhabitants of the Town and may bedangerous to pedestrians especially children cyclists and motorists andcould result in traffic congestion that could delay emergency responsetimes for medical emergencies fires and accidents Roads are a criticalpublic resource and constitute a major investment of the publicsmoneyThe Town is not in a position to bear the potential high costs associatedwith the possible road use impacts that accompany many of the activitiesprohibited by Section 4 of the Local Law Accidents involving heavytrucks have greater potential for death than those involving smallervehicles Increased truck traffic increases air pollution and noise levelsand decreases the quality of life and property values for those livingnearby

7 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town the air pollution dust and odors generatedthereby whether onsite or by truck traffic to and from the proposed site ofsuch activities may be hazardous or inconvenient to the inhabitants of theTown Air pollution is a known hazard to the public health

8 Allowing one or more of the activities prohibited by Section 4 of theLocal Law to be conducted within the Town may negatively impact thequality of water resources within the Town Water pollution is hazardousto the public health If a domestic water source is contaminatedremediation may be time and cost intensive and may not restore the waterresource to a quality acceptable for domestic use

9 If one or more of the activities prohibited by Section 4 of the Local Laware conducted within the Town noise vibrations and light pollutiontypically caused by such Activities may be hazardous or inconvenient tothe inhabitants of the Town Noise traffic congestion nighttime lightingand vibration may have negative effects on human health and negativelyimpact wildlife

10 The creation generation keeping storage or disposal of Natural GasandorPetroleum Extraction Exploration or Production Wastes as thatterm is defined at Section 3 of the Local Law within the Town may havea negative impact on the public health safety and welfare of theinhabitants of the Town

11 The high costs associated with the disposal of Natural Gas andorPetroleum Extraction Exploration or Production Wastes as that term isdefined at Section 3 of the Local Law in our Town could result inpersons seeking to avoid such costs by depositing such material along

roadways in vacant lots on business sites in the private dumpsters ofothers or in other unauthorized places Such activities could pose ahazard to the publichealth safety and welfare of the inhabitants of theTown

12 The explicit proscription of the activities prohibited by Section 4 of theLocal Law is a legitimate goal of land use laws There is no question thatexclusion of specified industrial activities is a legitimate goal of suchlaws

As the United States Supreme Court stated inTown of Belle Terre vBorass 416US 1 1974

the concept ofpublic welfare is broad and inclusive The values that itrepresents are spiritual as well as physical aesthetic as well as monetaryIt is within the power of the local legislature to determine that thecommunity should be beautiful as well as healthy spacious as well asclean well balanced as well as carefullypatrolled 416 US at 6

And see also Matter of GernattAsphalt Products Inc v Town ofSardinia 87NY2d 668 1996 where the Court ofAppeals New YorkStates highest court evaluated a claimthat a towns prohibition of miningthroughout the town was in effect unconstitutional exclusionary zoningand held as follows

We have never held however that the exclusionary zoning testwhich is intended to prevent a municipality from improperly using thezoning power to keep people out also applies to prevent the exclusion ofindustrial uses A municipality is not obliged to permit theexploitation ofany and all natural resources within the town as apermitted use if limiting that use is a reasonable exercise of its policepower to prevent damage to the rights of others and to promote theinterests of the community as a whole 87NY2d at 683 684emphasis added

C Purpose The purpose of the Local Law is to enable the Town of Avon to staythe construction operation and establishment of and the submission andprocessing of applications for permits zoning permits special use permits zoningvariances building permits operating permits site plan approvals subdivisionapprovals certificates ofoccupancy certificates of compliance temporary

certificates and other Townlevel approvals relating to the activities prohibited bySection 4 of the Local Law for a reasonable time so as to allow the Town timeto study the impacts effects and possible controls over such activities and toconsider amendments to the Townszoning laws to appropriately address thesame within the proper confines of New York State law The Town Board findsthat a moratorium of twelve 12 months duration coupled with a mechanism foran unnecessary hardship variance procedure will achieve an appropriatebalancing of interests between on the one hand the public need to safeguard thecharacter and other resources of the Town of Avon and the health safety andgeneral welfare of its residents and the rights of individual property owners orbusinesses desiring to conduct such activities on the other during such period

Section 3 Definitions

For purposes of this Local Law the following terms shall have the meanings respectivelyset forth below

Agriculture Use Land used for the production of crops andorlivestock and livestockproducts as those terms are defined at Section 301 of the New York State Agriculture andMarkets Law

BelowRegulatory Concern Radioactive material in a quantity or of a level that isdistinguishable from background as that phrase is defined at 10 CFR201003 but which isbelow the regulation threshold established by any regulatory agency otherwise havingjurisdiction over such material in the Town

Gathering Line Or Production Line Any system of pipelines and other equipmentsuch as drip stations vent stations pigging facilities valve box transfer pump station measuringand regulating equipment yard and station piping and cathodic protection equipment used tomove oil gas or liquids from a point of production treatment facility or storage area to atransmission line which is exempt from the Federal Energy Regulatory Commissionsjurisdiction under section 1b of the Natural Gas Act and which does not meet the definition ofa Major utility transmission facility under the Public Service Law of New York Article 71202b

High Volume Hydraulic Fracturing The stimulation of a vertical or horizontal well

using 3000000 gallons or more of water as the primary carrier fluid in the Hydraulic FracturingFluid used in the process of Hydraulic Fracturing

Horizontal Drilling The process of drilling a well from the surface to a subsurfacelocation just above the target gas or oil reservoir then deviating the well bore from the verticalplane around a curve to intersect the reservoir at the an entry point with a near horizontalinclination and remaining within the reservoir until the desired bottom hole location is reached

Hydraulic Fracturing The process of pumping Hydraulic Fracturing Fluid down awellbore either vertical or horizontal under high pressure causing fractures in the gas bearingrock formation Components of the Hydraulic Fracturing Fluid prop or hold open the fracturesnewly created allowing the gas or oil to be extracted

Hydraulic Fracturing Fluid The fluid used to perform hydraulic fracturing andincludes the primary carrier fluid and any applicable additives

Injection Well A bored drilled or driven shaft whose depth is greater than the largestsurface dimension or a dug hole whose depth is greater than the largest surface dimensionthrough which fluids which may or may not include semi solids are injected into the subsurfaceand ninety 90 percent or more of such fluids do not return to the surface within a period ofninety 90 days The definition of Injection Well does not include a single family septicsystems that receive solely residential waste b drainage wells used to drain surface fluidsprimarily storm runoff into the ground c geothermal wells associated with the recovery ofgeothermal energy for heating or production of electric power or d bore holes drilled toproduce water to be used as such

Land Application Facility A site where any Natural Gas Exploration andorPetroleumProduction 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 noncombustible which is produced in a natural state from the earth and which maintains a gaseousor rarefied state at standard temperature and pressure conditions andorgaseous components orvapors occurring in or derived from petroleum or other hydrocarbons

Natural Gas andorPetroleum Exploration Activities Geologic or geophysicalactivities related to the search for natural gas petroleum or other subsurface hydrocarbonsincluding prospecting geophysical and geologic seismic surveying and sampling techniques butonly to the extent that such activities involve or employ core rotary or any other type of drillingor otherwise making any penetration or excavation of any land or water surface including butnot limited to the use of High Volume Hydraulic Fracturing andorHorizontal Drilling in thesearch for and evaluation of natural gas petroleum or other subsurface hydrocarbon deposits

Natural Gas andorPetroleum Extraction Activities The digging or drilling of a wellincluding but not limited to the use of High Volume Hydraulic Fracturing andorHorizontalDrilling for the purposes of exploring for developing or producing natural gas petroleum orother subsurface hydrocarbons

Natural Gas andor Petroleum Extraction Exploration or Production Wastes Anyof the following in any form and whether or not such items have been excepted or exemptedfrom the coverage of any federal or state environmental protection laws or have been exceptedfrom statutory or regulatory definitions of industrial waste hazardous or toxic andwhether or not such substances are generally characterized as waste a below regulatory

concern radioactive material or any radioactive material which is not below regulatory concernbut which is in fact not being regulated by the regulatory agency otherwise having jurisdictionover such material in the Town whether naturally occurring or otherwise in any case relating toarising in connection with or produced by or incidental to the exploration for the extraction orproduction of or the processing treatment or transportation of natural gas petroleum or anyrelated hydrocarbons b natural gas or petroleum drilling fluids including but not limited toHydraulic Fracturing Fluid c natural gas or petroleum exploration drilling production orprocessing wastes d natural gas or petroleum drilling treatment wastes such as oils fracturingfluids produced water brine flowback sediment andorany other liquid or semi liquidmaterial e any chemical waste oil waste emulsified oil mud or sediment that was used orproduced in the drilling development transportation processing or refining of natural gas orpetroleum f soil contaminated in the drilling Hydraulic Fracturing including but not limitedto High Volume Hydraulic Fracturing transportation processing or refining of natural gas orpetroleum g drill cuttings fromHydraulic Fracturing High Volume Hydraulic FracturingandorHorizontal Drilling for natural gas or petroleum wells or h any other wastes associatedwith the exploration drilling productions or treatmentof natural gas or petroleum Thisdefinition specifically intends to include some wastes that may otherwise be classified as solidwastes which are not hazardous wastes under 40CFR 2614bThe definition of NaturalGas andorPetroleum Extraction Exploration or Production Wastes does not include irecognizable and non recognizable food wastes or iiwaste generated by Agriculture Use

Natural Gas andorPetroleum Extraction Exploration or Production WastesDisposalStorageFacility Any of the following a tanks of any construction metalfiberglass concrete etc b impoundments cpits d evaporation ponds or e otherfacilities in any case used for the storage or treatment of Natural Gas andorPetroleumExtraction Exploration or Production Wastes that iare being held for initial use ii havebeen used and are being held for subsequent reuse or recycling iii are being held for treatmentor iv are being held for storage

Natural Gas andorPetroleum Extraction Exploration or Production Wastes DumpLand upon which Natural Gas andorPetroleum Extraction Exploration or Production Wastesor their residue or constituents before or after treatment are deposited disposed dischargedinjected placed buried or discarded without any intention of further use

Natural Gas andorPetroleum Support Activities Shall mean and be any one ormore of the following a Natural Gas Compression Facility b Natural Gas ProcessingFacility c Natural Gas andorPetroleum Extraction Exploration or Production WastesDisposalStorage Facility d Natural Gas andorPetroleum Extraction Exploration orProduction Wastes Dump e Land Application Facility f Non Regulated Pipelines gUnderground 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 inpipelines or into storage the term shall include equipment for liquids separation natural gasdehydration and tanks for the storage of waste liquids and hydrocarbon liquids

Natural Gas Processing Facility Those facilities that separate and recover natural gasliquids NGLs andorother non methane gases and liquids from a stream of produced naturalgas using equipment for any of the following cleaning or stripping gas cooking anddehydration residual refinement treating or removing oil or condensate removing waterseparating NGLs removing sulfur or carbon dioxide fractionation of NGLs or the capture ofCO2 separated from natural gas streams

NonRegulated Pipelines Those pipelines that are exempt or otherwise excluded fromregulation under federal and state laws regarding pipeline construction standards or reportingrequirements Specifically includes production lines and gathering lines

Person Any individual public or private corporation for profit or not for profitassociation partnership limited liability company limited liability partnership firm trustestate and any other legal entity whatsoever which is recognized by law as the subject of rightsand duties

Pipeline All parts of those physical facilities through which petroleum gas hazardousliquids or chemicals move in transportation including pipes valves and other equipment andappurtenances attached to pipes and other equipment such as drip stations vent stations piggingfacilities valve boxes transfer pump stations measuring and regulating equipment yard andstation piping and cathodic protection equipment whether or not laid in public or privateeasement or private right of way within the Town This includes without limitation gatheringlines production lines and transmission lines

Radioactive Material Material in any form that emits radiation but only if suchmaterial has been moved from its naturally occurring location through an industrial processSuch material is radioactive material for purposes hereof whether or not it is otherwiseexempt from licensing and regulatory control pursuant to the NYS Department of Labor the USNuclear Regulatory Commission the US Environmental Protection Agency the US Departmentof Energy the US Department of Transportation or any other regulatory agency

Radiation The spontaneous emission of particles alpha beta neutrons or photonsgamma 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 mayrequire

Town The Town of Avon Livingston County New York

Transmission Line A pipeline that transports oil gas or water to end users as a publicutility and which is subject to regulation either by a the Federal Energy RegulatoryCommissionsjurisdiction under section 1b of the Natural Gas Act or b as a Major utilitytransmission facility under the Public Service Law of New York Article 7 1202b

Underground Injection Subsurface emplacement of Natural Gas andorPetroleumExtraction Exploration or Production Wastes by or into an Injection Well

Underground Natural Gas and Storage Subsurface storage including in depleted gasor oil reservoirs and salt caverns of natural gas that has been transferred from its originallocation for the primary purpose of load balancing the production of natural gas Includescompression and dehydration facilities and pipelines

Section 4 Moratorium and Prohibition

A Unless permitted pursuant to Section 6 or Section 8 hereafter from and after thedate of this Local Law no application for a permit zoning permit special permitzoning variance building permit operating permit site plan approval subdivisionapproval certificate of occupancy certificate of compliance temporarycertificate or other Townlevel approval of any nature shall be acceptedprocessed entertained approved approved conditionally or issued by any boardemployee official or agent of the Town ofAvon for the constructionestablishment or use or operation of any land body of water building or otherstructure located within the Town of Avon for any of the following activities iany Natural Gas andorPetroleum Exploration Activities ii any Natural GasandorPetroleum Extraction Activities or iii any Natural Gas andorPetroleumSupport Activities

B 1 Unless permitted pursuant to Section 6 or Section 8 hereafter from andafter the date of this Local Law no Person shall use cause orpermit to be used any land body of water building or other structurelocated within the Town of Avon for any of the following activities iany Natural Gas andorPetroleum Exploration Activities ii any NaturalGas andorPetroleum Extraction Activities or iii any Natural Gas andorPetroleum Support Activities

2 The prohibitions set forth above in Clause 1 of this Section 4B are notintended and shall not be construed to a prevent or prohibit thetransmission of natural gas through utility pipes lines or relatedappurtenances for the purpose of supplying natural gas utility services toresidents of or buildings located in the Town or b prevent or prohibit theincidental or normal sale storage or use of lubricating oil heating oilgasoline diesel fuel kerosene or propane in connection with legalAgriculture residential business commercial and other uses within theTown so lone as such uses do not involve any Natural Gas andorPetroleum Exploration Activities Natural Gas andorPetroleumExtraction Activities or Natural Gas andor Petroleum Support Activities

C This moratorium and prohibition shall be in effect beginning on the effective dateof this Local Law and shall expire on the earlier of ithat date which is twelve12 months after said effective date or ii the effective date of a Town Boardresolution affirmatively stating the Town Board has determined that the need forthis moratorium and prohibition no longer exists

D This moratorium and prohibition shall apply to all real property within the Townof Avon

E Under no circumstances shall the failure of the Town Board of the Town of Avonthe Zoning Board of Appeals of the Town of Avon the Planning Board of theTown of Avon or the Code Enforcement Officer for the Town of Avon to takeany action upon any application for a permit zoning permit special permitzoning variance building permit operatingpermit site plan approval subdivisionapproval certificate of occupancy certificate of compliance temporarycertificate or other Townlevel approval constitute an approval by default or anapproval by virtue of expiration of time to respond to such application

Section 5 Penalties

A Failure to comply with any of the provisions of this Local Law shall be anunclassified misdemeanor as contemplated by Article 10 and Section 8005 of theNew York State Penal Law and upon conviction thereof shall be punishable bya fine of not more than One Thousand Five Hundred Dollars1500 orimprisonment for not more than 10 days or both for the first offense Anysubsequent offense within a threemonth period shall be punishable by a fine ofnot more than Two Thousand Five Hundred Dollars2500 or imprisonment fora period of not more than 30 days or both For purposes of this Clause A eachday that a violation of this Local Law exists shall constitute a separate and distinctoffense

B Compliance with this Local Law may also be compelled and violations restrainedby order or by injunction of a court of competent jurisdiction in an action broughton behalf of the Town by the Town Board

C In the event the Town is required to take legal action to enforce this Local Lawthe violator will be responsible for any and all necessary costs incurred by theTown relative thereto including attorneysfees and such amount shall bedetermined and assessed by the court If such expense is not paid in full within 30days from the date it is determined and assessed by the Court such expense shallbe charged to the propertieswithin the Town on which the violation occurredby including such expense in the next annual Town tax levy against suchproperty and such expense shall be a lien upon such property until paid

Section 6 Grandfathering of Legal Pre existing NonConforming Use

A 1 The prohibitions set forth above in Clause 1 of Section 4B above are notintended and shall not be construed to prevent or prohibit a productionor extraction of natural gas andorpetroleum from any existing verticalwell in production and existing within the Town of Avon prior to theadoption of this Local Law so long as such activities are in all respectsbeing conducted in accordance with all applicable laws and regulationsincluding without limitation all permits required to be issued by the NewYork State Department of Environmental Conservation DEC and all

other regulating agencies and b exploration activities for natural gasandorpetroleum necessary to continue the production from such wells asdescribed immediately above so long as such exploration activities do notutilize High Volume Hydraulic Fracturing andorHorizontal Drilling andthose activities are in all respects being conducted in accordance with allapplicable laws and regulations including without limitation all permitsrequired to be issued by the New York State Department of EnvironmentalConservation DEC and all other regulating agencies All such naturalgas or petroleum extraction and exploration activities as identifiedimmediately above shall be considered to be grandfathered as preexisting non conforming uses and shall be allowed to continue subjecthowever to the provisions of Clauses B and C of this Section 6

2 Natural gas andorpetroleum extraction that is being conducted fromvertical wells within the Town as of the effective date of this Local Lawand which do not qualify for treatment under the preceding Clause A1ofthis Section 6 shall not be grandfathered and shall in all respects beprohibited as contemplated by Section 4 hereof

B Upon the depletion of anywell which is allowed to remain in operation after theeffective date of this Local Law by virtue of Clause A1of this Section 6 or uponany other substantive cessation of natural gas andorpetroleum extractionactivities otherwise grandfathered by virtue of Clause A1 of this Section 6 for aperiod of more than twelve 12 months then and m such event the nonconforming use status and grandfathering of such activity shall terminate andthereafter such natural gas andorpetroleum extraction activities shall in allrespects be prohibited as contemplated by Section 4 hereof

C Notwithstanding any provision hereof to the contrary the pre existing nonconforming status conferred and recognized by Clause A1 of this Section 6 isnot intended and shall not be construed to authorize or grandfather any naturalgas andor petroleum extraction activities extending beyond whatever well bore is

authorized in any DEC permit in existence as of the effective date of this LocalLaw Any expansion or attempted or purported expansion other than what iscontemplated in Clause A1of this Section 6 shall not be grandfathered andinstead shall in all respects be prohibited as contemplated by Section 4 hereof

Section 7 Invalidity of any Conflicting Approvals or Permits

No permit or approval issued by any local or state agency department commission orboard shall be deemed valid within the Town ofAvon when or to the extent that such permit orapproval purports to allow or permit any activity that would violate the prohibitions set forth atSection 4 of this Local Law

Section 8 Hardship Use Variance

The Zoning Board ofAppeals of the Town of Avon is hereby authorized to accept andreview after public notice and hearing and in accordance with the requirements of law and ofthis Local Law requests for a hardship use variance from application of the provisions of thisLocal Law by Persons aggrieved hereby

No such use variance shall be granted by the Zoning Board of Appeals without a showingby the applicant that applicable zoning regulations and restrictions have caused unnecessaryhardship

A Unnecessary Hardship In order to prove such unnecessary hardship theapplicant is required to demonstrate to the Zoning Board of Appeals that withrespect to every permitted use under the zoning regulations for the particulardistrict where the property is located each of the following four criteria issatisfied ithe applicant cannot realize a reasonable return on the entire parcelofproperty and such lack ofreturn is substantial as demonstrated by competentfinancial evidence iithe alleged hardship relating to the property in question isunique and does not apply to a substantial portion of the district or neighborhoodiii the requested use variance if granted will not alter the essential character ofthe rural area hamlet or other neighborhood and iv the alleged hardship hasnot been self created

B Reasonable Rate ofReturn In evaluating whether the applicant can realize areasonable rate of return the Zoning Board of Appeals must examine whether theentire original or expanded property holdings of the applicant are incapable ofproducing a reasonable rate of return and not just the site of the proposeddevelopment project No use variance shall be granted unless in addition tosatisfying all other applicable provisions of law and this Law the Zoning Boardof Appeals finds that the applicant has clearly demonstrated by detailed dollarsand cents proof the inability to obtain a reasonable return for the entire parceland not just the site of the proposed project and for each and every permitted usein the district including those uses permitted by special use permit

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C Unique Hardship No use variance shall be granted unless in addition tosatisfying all other applicable provisions of law and this Law the Zoning Boardof Appeals finds that the entire parcel of which the project is a part possessesunique characteristics that distinguish it from other properties in the area

D Essential Character of the Neighborhood In making the determination of whetherthe proposed development project will alter the essential character of theneighborhood the Zoning Board of Appeals shall take into account factors thatare of vital importance to the citizens of the Town including without limitationi the rural residential and agricultural character of the Town iiits irreplaceablerecreation and tourism sites iii the extent of hazard to life limb or property ifany may result from the proposed development project ivhealth impacts vthe social and economic impacts of traffic congestion noise dust odorsemissions solid waste generation and other nuisances vi the impact on propertyvalues and vii whether the applicant will engage in a type of development thatwill result in degradation to the air quality water quality and environment of theTown In order to find that the proposed development project does not alter theessential character of the neighborhood the Zoning Board of Appeals shallinterpret the public interest in said essential character of the neighborhood torequire at a minimum that the project will not do anyof the following a pose athreat to the public safety including public health water quality or air quality bcause an extraordinary public expense or c create a nuisance

E Self Created Hardship The Zoning Board ofAppeals may find that the applicantsuffers from a self created hardship in the event that the Board finds that itheapplicantsinability to obtain a reasonable return on the property as a wholeresults from having paid too much or from a poor investment decision ii theapplicant previously divided the property and is left with only a portion whichsuffers from some unique condition for which relief is sought and which did notapply to the parcel as a whole or iiiwhen the applicant purchased the propertyhe or she knew or should have known the property was subject to the zoningrestrictions

In the event the Zoning Board of Appeals grants a hardship use variance from theprovisions of this Local Law to the applicant the applicant shall be required to comply with allprovisions of the Towns then applicable zoning laws and other laws and regulations togetherwith any amendments to such law or regulations which may be enacted during the term of thisLocal Law Any hardship use variance that is granted shall grant only the minimum variancethat the Board of Appeals deems necessary and adequate to address the unnecessary hardshipproven by the applicant and at the same time preserve and protect the character of theneighborhood and the health safety and welfare of the community

Section 9 Severability

If any word phrase sentence part section subsection or other portion of this LocalLaw or the application thereof to any person or to any circumstance is adjudged or declaredinvalid or unenforceable by a court or other tribunal of competent jurisdiction then and in suchevent such judgment or declaration shall be confined in its interpretation and operation only tothe provision of this Local Law that is directly involved in the controversy in which suchjudgment or declaration is rendered and such judgment or declaration of invalidity orunenforceability shall not affect or impair the validity or enforceability of the remainder of thisLocal Law or the application hereof to any other persons or circumstances If necessary as tosuch person or circumstances such invalid or unenforceable provision shall be and be deemedsevered herefrom and the Town Board of the Town hereby declares that it would have enactedthis Local Law or the remainder thereof even if as to particular provisions and persons orcircumstances a portion hereof is severed or declared invalid or unenforceable

Section 10 Superseding Intent and Effect

During the time this Local Law is in effect it is the specific intent of the TownBoardpursuant to Municipal Home Rule Law 101iid3and 22 to supercede a anyinconsistent provisions set forth in Town Law 265a 267 267a 267b 268 274a274b 276 277 278 and 279 b any other inconsistent provisions set forth in Article16 of the Town Law c any inconsistent provisions of the Zoning Code of the Town of Avonand d any inconsistent provisions of any and all other local ordinances local laws or localresolutions of the Town ofAvon

Section 11 Effective Date

This Local Law shall take effect immediately upon filing with the New York Departmentof State

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