WHEREAS it is inhabited by smart & brave people who live close to the land,
THEREFORE, BE IT RESOLVED that I want to live there!!!!
Link to this article:
http://williamahuston.blogspot.com/2011/09/found-here-is-dryden-ordinance.html
Check this out! This law is freaking BEAUTIFUL!
Found it here: http://drydensec.org/node/27 (huh... notice the WHEREAS clauses, damning of the industry, are removed!)
and here: http://documents.foodandwaterwatch.org/Frack_Actions_DrydenNY.pdf
and here: http://dryden.ny.us/Board_Meeting_Minutes/TB/2011/TB2011-08-02.pdf
As reported by Jon Campbell, this law now has a legal challenge.
RESOLUTION NO. 126 (2011) -RESOLUTION IN SUPPORT OF ADOPTING AMENDMENTS TO THE
TOWN OF DRYDEN ZONING ORDINANCE CLARIFYING THE TOWN'S PROHIBITION OF
NATURAL GAS EXPLORATION AND EXTRACTION
Cl Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden Zoning Ordinance provides "No land or building shall hereafter be used
or occupied and no building or part thereof shall hereafter be enlarged or its use altered unless such action is in
conformance with all the regulations specified for the zone in which said action occurs and any special regulations
pertinent thereto"; and
WHEREAS, no Town of Dryden zoning district regulations permit, as an allowed use or use allowed by
special permit, an outdoor factory or outdoor heavy industrial use such as are associated with natural gas
exploration, extraction, treatment, storage, and the transportation of natural gas and natural gas exploration and
production wastes; and
WHEREAS, it is the intent of the Town Board by this amendment to the Town of Dryden Zoning
Ordinance to clarify that natural gas exploration and extraction and the associated uses of land for outdoor factories
and the heavy industrial uses associated therewith, including treatment, storage and transportation of natural gas
exploration and production wastes, have not been, and are not permitted uses of land under the Town of Dryden
Zoning Ordinance; and
WHEREAS, it is the further intent of the Town Board by this amendment of the Zoning Ordinance to
clarify for the public, landowners and town officials that the use of land in the Town of Dryden for outdoor factories
and for the exploration and extraction of natural gas and the storage, transfer, treatment or disposal of natural gas
exploration and production wastes is prohibited within the Town;
WHEREAS, in 2003 the Town of Dryden Conservation Advisory Council completed an Open Space
Inventory and reported that "all but a few residents in the western part of the Town depend on groundwater as their
primary water source, and the Village of Dryden uses groundwater for its municipal water supply"; and
WHEREAS, two hundred eighty-one (281) households in the western part of the Town rely on water from
Cayuga Lake; and
WHEREAS, Virgil Creek, Fall Creek, Cascadilla Creek, Six Mile Creek and their tributaries are part of the
Cayuga Lake watershed; and
WHEREAS, four drilled water wells are the Village of Dryden's water source, which wells exist in the
Virgil Creek confined aquifer and the overlying soils do not provide adequate protection from potential
contamination as reported in the preliminary results of the USGS Virgil Creek Aquifer Study commissioned by the
Town and Tompkins County; and
WHEREAS, the recharge area for the Virgil Creek aquifer is in the Town of Dryden; and
WHEREAS, the Town is in, or partially within, the headwaters of Owasco Lake, Cayuga Lake,
Susquehanna River, Six Mile Creek and Fall Creek, all of which are public drinking water sources for various
municipalities and Cornell University; and
WHEREAS, the New York State Department of Health completed a source water assessment of the Village
of Dryden water system which assessment rated the susceptibility of the village water system for the potential for
contamination and found, with respect to three of four wells, that the susceptibility of contamination was medium to
high; and
WHEREAS, protection of the Village of Dryden water source from potential contamination is an important
goal for not only the Village of Dryden but also the Town; and
WHEREAS, the Town has consistently been proactive in protecting its water resources and has adopted
Local Law No. 4 of the year 2007 (the Town of Dryden Stormwater Management, Erosion and Sediment Control
Law) and Local Law No. 1 of the year 2008 [a local law to prohibit illicit discharges and connections to the
Municipal Separate Storm Sewer System (MS4)], both of which local laws exceed the requirements of the New
York State Department of Environmental Conservation's regulations in SPDES General Permit No. GP-0-10-002;
and
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has mapped 35
Freshwater Wetlands either wholly or substantially situate in the Town; and
WHEREAS, such maps do not show all wetland areas and unmapped wetlands not subject to NYSDEC
jurisdiction continue to be at risk; and
WHEREAS, there also are upwards of 3,727 acres of wetlands in the Town under the jurisdiction of the
U.S. Army Corps of Engineers; and
WHEREAS, substantial areas along Fall Creek, Virgil Creek, Six Mile Creek, Cascadilla Creek and
Owasco Inlet within the Town are located within 100-year floodplains containing hydric soils and wetlands under
the jurisdiction of the Army Corps of Engineers; and
WHEREAS, there are substantial areas (approximately 13% of the land area) in the Town of Dryden where
there are slopes greater than 15 percent; and
WHEREAS, in its 1990 inventory and 2000 revision of the same, the Tompkins County Environmental
Management Council identified 57 areas in the Town that are designated Unique Natural Areas (UNA) that harbor
rare or endangered flora and fauna, unique geologic features or contain excellent examples of ecosystems or biotic
communities; and
WHEREAS, the Town's 2005 Comprehensive Plan recognizes that mere designation of a UNA does not
afford any tangible protections; and
WHEREAS, the regulations promulgated under the State Environmental Quality Review Act (SEQR)
permit a town to designate specific geographic areas as a critical environmental area (CEA) if it is found that such
area has "an exceptional or unique character covering one or more of the following:
(i.) a benefit or threat to human health;
(ii.) a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of
important aesthetic or scenic quality);
(iii.) agricultural, social, cultural, historic, archaeological, recreational, or educational values; or
(iv.) an inherent ecological, geological or hydrological sensitivity to change that may be adversely
affected by any change."; and
WHEREAS, in 2011 the Town of Dryden Conservation Board completed its review of all lands in the
Town to determine those geographic areas having exceptional or unique environmental characteristics, and compiled
an inventory of Critical Environmental Areas (CEA) pursuant to the criteria found in 6 NYCRR 617.14(g), which
inventory included not only the UNAs and Freshwater Wetlands, but other lands meeting such criteria such that
approximately 52% of the Town may be situate within a CEA; and
WHEREAS, thirty-five (35) potential CEAs have been identified, thirty-three (33) of which contain State
or Federal wetlands; and
WHEREAS, the quality of life in the Town of Dryden depends on open space, conservation, UNAs, CEAs,
town and community association parks and trails, and abundant and relatively good quality drinking water available
from aquifers underlying the town including the Fall Creek aquifer and Virgil Creek aquifer; and
WHEREAS, a public hearing will be held on the CEA inventory prior to formal adoption by the Town
Board; and
WHEREAS, there is a continuing open debate among experts concerning the environmental, health and
economic effects of natural gas exploration and extraction and the Town Board has reviewed scientific papers,
reports and articles discussing such effects, all as more fully detailed in Appendix I to this resolution; and
WHEREAS, it has not yet been conclusively determined that natural gas exploration and extraction is in the
overall best interests of the residents of the Town of Dryden due to the presence of many UNAs, CEAs, Freshwater
Wetlands (both mapped and unmapped), a significant number of slopes greater than 15 percent, and dependence on
groundwater as a source of public and private drinking water; and
WHEREAS, impacts associated with natural gas exploration, extraction, treatment, storage and
transportation include: concentrated traffic, extra-heavy truck traffic on town highways not designed for such traffic;
disturbance of land for clearing, grading, surface preparation and well pads; erosion and sediment deposition in local
waterways; noise, dust; potential spillage of flowback water from drilling processes; construction of new compressor
stations, potential fragmentation of agricultural lands and forests; pollution of local surface waters and aquifers; and
WHEREAS, the New York Court of Appeals has held that a town "is not obligated 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 powers to prevent damage to the rights of others and to promote the interests of the community
as a whole;" and
WHEREAS, the potential adverse impacts associated with natural gas exploration, extraction, treatment,
storage, processing and transportation threaten the economic future of town residents and taxpayers and their quality
of life; and
WHEREAS, after review of available scientific research from both opponents of natural gas extraction and
natural gas extraction industry advocates, the Town Board now seeks to reaffirm the protection of the residents of
Dryden from the dangers associated with natural gas exploration, and extraction; and the treatment, storage and
transportation of natural gas exploration and production wastes; and
WHEREAS, to the extent that natural gas exploration has heretofore taken place in the Town of Dryden,
the Town Board recognizes that due to the lack of sufficient notice of the issuance of permits and/or the lack of such
notice and insufficient local administrative oversight and the misinterpretation of local zoning authority, natural gas
exploration may have taken place, and notwithstanding such previous exploration activities, the Town Board
recognizes that the legal concept of estoppel cannot be applied to the Town of Dryden and enforcement of its local
laws and ordinances; and
WHEREAS, the NYSDEC Preliminary Revised Draft SGEIS 2011 (Section 8.1.1.5) proposes that
applicants for well permits will be required to identify whether the well pad is located in an area where the affected
community has adopted a comprehensive plan or other local land use plan and whether the issuance of a well permit
is inconsistent with such plan(s); and,
WHEREAS, the Town has adopted a Comprehensive Plan (2005) and a Zoning Ordinance (1969) and is
the process of revising the zoning regulations of the Town, and deems it critical to clarify that under the Town's
Comprehensive Plan, existing Zoning Ordinance and proposed Zoning Law that natural gas exploration and
extraction are not permitted uses of any property in the Town; and
WHEREAS, under existing regulations NYSDEC would not provide notice to the Town of the issuance of
a well permit (unless the proposed well pad was in an agricultural district), and well permits were thereby issued
without an opportunity for the Town to timely object and after a Negative Declaration (Notice of Determination of
Non-Significance) had been issued by NYSDEC; and
WHEREAS, the proposed amendments to the Zoning Ordinance will clarify for NYSDEC and potential
applicants for well permits for property in the Town, that such activities are not a permitted use of property in the
Town; and
WHEREAS, the Town Board has received and reviewed the public comments received before, during and
following a public hearing on the proposed amendments held on July 20, 2011, including from those individuals
commenting on the issues as more fully detailed in Appendix II to this resolution; and
WHEREAS, a vast majority of the comments received by the Town Board before, during and following the
public hearing were in favor of the proposed amendments; and
NOW, THEREFORE, the Town Board of the Town of Dryden finds, declares, determines and ordains as
follows:
1. the exploration for natural gas, the extraction of natural gas and the storage, transfer,
treatment or disposal of natural gas exploration and and/or petroleum wastes
production wastes and the accompanying use of land for an outdoor factory and heavy
industrial use in the rural environment of Dryden poses a significant threat to its
residents' health, safety, and general welfare;
2. widespread environmental and human health impacts have resulted from natural gas
exploration and extraction in other areas;
3. natural gas exploration, and the extraction or the storage, transfer, treatment or disposal
of natural gas exploration and production wastes within the Town, would endanger the
health, safety and general welfare of the community through the deposit of toxins into
the air, soil, water, environment, and in the bodies of residents;
4. the protection of residents, neighborhoods, and the natural environment through its
power to regulate and restrict the use of land for trade, industry or other purposes
constitutes the highest and best use of such land use powers that the Town possesses;
5. clean air and water are essential to most resources and activities in the Dryden area and
the quality of the air and the water will be degraded by natural gas exploration and
extraction activities and/or the storage, transfer, treatment or disposal of natural gas
exploration and production wastes;
6. natural gas exploration and extraction activities and the storage, transfer, treatment or
disposal of natural gas exploration and production wastes may cause irreparable harm
to public and private water supplies, pollution of the surface and ground water, soil,
and air, and may cause cancer, lung disease, and respiratory diseases;
7. air, soil, and water contamination may occur during the different stages of natural gas
exploration and extraction operations and the storage, transfer, treatment or disposal of
natural gas exploration and production wastes, and such contamination could have
adverse human health impacts;
8. spills of liquid and solid wastes that originate from the exploration, drilling for and
extraction of natural gas (whether onsite or during the transportation of these products
to treatment and/or disposal facilities) is not uncommon, and such products may come
into contact with and contaminate and pollute surface waters, groundwater and/or soil;
9. a large number of the chemicals used in natural gas exploration and extraction and
many of the constituents of natural gas exploration and production wastes are likely
causes of adverse human health impacts;
10. natural gas exploration and production waste products are hazardous wastes;
11. the Town of Dryden through its land use powers under Town Law §§ 261 and 262 has
the power to prohibit the exploration and extraction of natural gas and the storage,
treatment or disposal of natural gas exploration and production wastes within the
Town;
12. this amendment to the Town of Dryden Zoning Ordinance clarifies that the Town of
Dryden has, since the adoption of the original Zoning Ordinance, regulated and
restricted the use of land for outdoor factories and heavy industrial uses such as are
associated with the exploration and extraction of natural gas and the storage, treatment
or disposal of natural gas exploration and/or petroleum production wastes;
13. this amendment further reinforces the Town of Dryden 2005 Comprehensive Plan,
which Comprehensive Plan notes that:
(a) the Town of Dryden should continue and expand its efforts to protect and
enhance environmental quality through direct actions, and steps to better
protect the water resources of the Town, in order to protect them for future
generations,
(b) the Town of Dryden comprises a large portion of the Cayuga Lake
watershed and water quality therein is affected by discharges and runoff
from a wide spectrum of local use activities in the Town,
(c) the Town of Dryden is an active participant in the Cayuga Lake Watershed
Intermunicipal Organization which furthers watershed studies and
protection activities,
14. the Town's 2005 Comprehensive Plan contemplates light industrial and warehousing
enterprises, characterized by manufacturing processes that include fabrication,
assembly, treatment, packaging and distribution of finished products or parts
predominantly from previously processed or prepared materials with the absence of the
processing of raw materials such as natural gas or natural gas exploration and
production wastes.
15. the protection of the health, safety and general welfare of residents, neighborhoods, and
the natural environment is also an appropriate use of the town's police powers.
16. this amendment supports the policies of the State of New York "to conserve, improve
and protect its natural resources and environment and to prevent, abate, and control
water, land and air pollution in order to enhance the health, safety and welfare of the
people of the State and their overall economic and social well-being; and "to reduce or
eliminate the use of hazardous substances and the generation of such substances,
pollution or waste at the source in order to conserve, improve and protect New York's
environment and natural resources; enhance the health, safety and welfare of its
citizens…"
17. the Zoning Ordinance is not directed at the regulatory scheme for the operation of
natural gas wells under ECL Article 23, it addresses land use and nuisance concerns
and the protection of the health, safety and general welfare of the people of the Town
of Dryden and the enhancement of its physical environment.
18. this amendment is enacted to protect and promote the health, safety and general welfare
of present and future residents of the Town, and is an exercise of the Town's power to
adopt land use regulations to protect the health, safety and general welfare of the
current and future residents of the Town from adverse effects and impacts that would
result if the Zoning Ordinance were to be interpreted as permitting land in the Town to
be used for natural gas exploration and extraction and/or the storage, transfer, treatment
or disposal of natural gas exploration and production wastes, and its police power and
power to prohibit public nuisances.
19. this amendment is enacted pursuant to the authority set forth in Town Law §§ 261, 262,
264 and 265.
20. the Town of Dryden Zoning Ordinance is hereby amended as follows:
1. Appendix A (Definitions) is amended by adding new definitions to read as follows:
"Natural Gas" shall mean any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth and which
maintains a gaseous or rarified state at standard temperature and pressure
conditions, and/or gaseous components or vapors occurring in or derived from
petroleum or other hydrocarbons.
"Natural Gas and/or Petroleum Exploration" shall mean 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, which include but are not limited to
core or rotary drilling or making an excavation in the search and evaluation of
natural gas, petroleum, or other subsurface hydrocarbon deposits.
"Natural Gas and/or Petroleum Exploration and Production Materials" shall
mean any solid, semi-solid, liquid, semi-liquid or gaseous material used in the
exploration or extraction of natural gas.
"Natural Gas Exploration and/or Petroleum Production Wastes" shall mean any
garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other
discarded materials, including solid, liquid, semi-solid, or contained gaseous
material that results from or is associated with the exploration, drilling or
extraction of natural gas and/or petroleum.
"Natural Gas and/or Petroleum Extraction" shall mean the digging or drilling of
a well for the purposes of exploring for, developing or producing natural gas,
petroleum or other subsurface hydrocarbons.
"Natural Gas and/or Petroleum Support Activities" shall mean the construction,
use, or maintenance of a storage or staging yard, a water or fluid injection
station, a water or fluid gathering station, a natural gas or petroleum storage
facility, or a natural gas or petroleum gathering line, venting station, or
compressor associated with the exploration or extraction of natural gas or
petroleum.
2. Article XXI (Miscellaneous) is amended by adding a new Section 2104 to read as follows:
"Section 2104. Prohibited Uses.
(1) Prohibition against the Exploration for or Extraction of Natural Gas and/or
Petroleum.
No land in the Town shall be used: to conduct any exploration for natural gas
and/or petroleum; to drill any well for natural gas and/or petroleum; to transfer,
store, process or treat natural gas and/or petroleum; or to dispose of natural gas
and/or petroleum exploration or production wastes; or to erect any derrick,
building, or other structure; or to place any machinery or equipment for any such
purposes.
(2) Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or
Petroleum Exploration and Production Materials.
No land in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production materials.
(3) Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or
Petroleum Exploration and Production Wastes.
No land in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production wastes.
(4) Prohibition against Natural Gas and/or Petroleum Support Activities.
No land in the Town shall be used for natural gas and/or petroleum support
activities.
(5) Invalidity of Permits.
No permit issued by any local, state or federal agency, commission or board for
a use which would violate the prohibitions of this section or of this Ordinance
shall be deemed valid within the Town."
3. The introductory paragraph of Subsection 1 of Section 806 (Quarries and Excavation, Topsoil Removal) of
Article XIII (DISTRICT REGULATION: R-C ZONES) is amended to read as follows:
"1. The Town Board may authorize the issuance of a special permit for the
excavation and sale of topsoil, sand, gravel, clay or other natural solid mineral or
vegetable deposit, or the quarrying of any kind of rock formation in the R-C and
R-D Zones only. No sand or gravel or other excavation operation, except a
topsoil removal operation, shall be conducted on land of less than 20 acres in
area. The Town Board must be guided by the public health, safety and general
welfare, not only of the citizens of the Town of Dryden, but of any other
municipality, and must give particular consideration to certain factors as follows:"
4. These amendments shall take effect upon adoption and publication as provided by law.
--
William Huston WilliamAHuston@gmail.com
Binghamton NY Phone: 607-321-7846
SocialNet: http://facebook.com/billhuston
Videos: http://youtube.com/billhuston http://vimeo.com/billhuston
Bio/blog: http://binghamtonpmc.org/bio.html http://WilliamAHuston.blogspot.com
Binghamton-area discussion; spirituality topics: http://tinyurl.com/STNYlightworkers
Binghamton Public Access TV is Open-To-Everyone! http://www.O2ETV.org
and here: http://dryden.ny.us/Board_Meeting_Minutes/TB/2011/TB2011-08-02.pdf
As reported by Jon Campbell, this law now has a legal challenge.
RESOLUTION NO. 126 (2011) -RESOLUTION IN SUPPORT OF ADOPTING AMENDMENTS TO THE
TOWN OF DRYDEN ZONING ORDINANCE CLARIFYING THE TOWN'S PROHIBITION OF
NATURAL GAS EXPLORATION AND EXTRACTION
Cl Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden Zoning Ordinance provides "No land or building shall hereafter be used
or occupied and no building or part thereof shall hereafter be enlarged or its use altered unless such action is in
conformance with all the regulations specified for the zone in which said action occurs and any special regulations
pertinent thereto"; and
WHEREAS, no Town of Dryden zoning district regulations permit, as an allowed use or use allowed by
special permit, an outdoor factory or outdoor heavy industrial use such as are associated with natural gas
exploration, extraction, treatment, storage, and the transportation of natural gas and natural gas exploration and
production wastes; and
WHEREAS, it is the intent of the Town Board by this amendment to the Town of Dryden Zoning
Ordinance to clarify that natural gas exploration and extraction and the associated uses of land for outdoor factories
and the heavy industrial uses associated therewith, including treatment, storage and transportation of natural gas
exploration and production wastes, have not been, and are not permitted uses of land under the Town of Dryden
Zoning Ordinance; and
WHEREAS, it is the further intent of the Town Board by this amendment of the Zoning Ordinance to
clarify for the public, landowners and town officials that the use of land in the Town of Dryden for outdoor factories
and for the exploration and extraction of natural gas and the storage, transfer, treatment or disposal of natural gas
exploration and production wastes is prohibited within the Town;
WHEREAS, in 2003 the Town of Dryden Conservation Advisory Council completed an Open Space
Inventory and reported that "all but a few residents in the western part of the Town depend on groundwater as their
primary water source, and the Village of Dryden uses groundwater for its municipal water supply"; and
WHEREAS, two hundred eighty-one (281) households in the western part of the Town rely on water from
Cayuga Lake; and
WHEREAS, Virgil Creek, Fall Creek, Cascadilla Creek, Six Mile Creek and their tributaries are part of the
Cayuga Lake watershed; and
WHEREAS, four drilled water wells are the Village of Dryden's water source, which wells exist in the
Virgil Creek confined aquifer and the overlying soils do not provide adequate protection from potential
contamination as reported in the preliminary results of the USGS Virgil Creek Aquifer Study commissioned by the
Town and Tompkins County; and
WHEREAS, the recharge area for the Virgil Creek aquifer is in the Town of Dryden; and
WHEREAS, the Town is in, or partially within, the headwaters of Owasco Lake, Cayuga Lake,
Susquehanna River, Six Mile Creek and Fall Creek, all of which are public drinking water sources for various
municipalities and Cornell University; and
WHEREAS, the New York State Department of Health completed a source water assessment of the Village
of Dryden water system which assessment rated the susceptibility of the village water system for the potential for
contamination and found, with respect to three of four wells, that the susceptibility of contamination was medium to
high; and
WHEREAS, protection of the Village of Dryden water source from potential contamination is an important
goal for not only the Village of Dryden but also the Town; and
WHEREAS, the Town has consistently been proactive in protecting its water resources and has adopted
Local Law No. 4 of the year 2007 (the Town of Dryden Stormwater Management, Erosion and Sediment Control
Law) and Local Law No. 1 of the year 2008 [a local law to prohibit illicit discharges and connections to the
Municipal Separate Storm Sewer System (MS4)], both of which local laws exceed the requirements of the New
York State Department of Environmental Conservation's regulations in SPDES General Permit No. GP-0-10-002;
and
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has mapped 35
Freshwater Wetlands either wholly or substantially situate in the Town; and
WHEREAS, such maps do not show all wetland areas and unmapped wetlands not subject to NYSDEC
jurisdiction continue to be at risk; and
WHEREAS, there also are upwards of 3,727 acres of wetlands in the Town under the jurisdiction of the
U.S. Army Corps of Engineers; and
WHEREAS, substantial areas along Fall Creek, Virgil Creek, Six Mile Creek, Cascadilla Creek and
Owasco Inlet within the Town are located within 100-year floodplains containing hydric soils and wetlands under
the jurisdiction of the Army Corps of Engineers; and
WHEREAS, there are substantial areas (approximately 13% of the land area) in the Town of Dryden where
there are slopes greater than 15 percent; and
WHEREAS, in its 1990 inventory and 2000 revision of the same, the Tompkins County Environmental
Management Council identified 57 areas in the Town that are designated Unique Natural Areas (UNA) that harbor
rare or endangered flora and fauna, unique geologic features or contain excellent examples of ecosystems or biotic
communities; and
WHEREAS, the Town's 2005 Comprehensive Plan recognizes that mere designation of a UNA does not
afford any tangible protections; and
WHEREAS, the regulations promulgated under the State Environmental Quality Review Act (SEQR)
permit a town to designate specific geographic areas as a critical environmental area (CEA) if it is found that such
area has "an exceptional or unique character covering one or more of the following:
(i.) a benefit or threat to human health;
(ii.) a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of
important aesthetic or scenic quality);
(iii.) agricultural, social, cultural, historic, archaeological, recreational, or educational values; or
(iv.) an inherent ecological, geological or hydrological sensitivity to change that may be adversely
affected by any change."; and
WHEREAS, in 2011 the Town of Dryden Conservation Board completed its review of all lands in the
Town to determine those geographic areas having exceptional or unique environmental characteristics, and compiled
an inventory of Critical Environmental Areas (CEA) pursuant to the criteria found in 6 NYCRR 617.14(g), which
inventory included not only the UNAs and Freshwater Wetlands, but other lands meeting such criteria such that
approximately 52% of the Town may be situate within a CEA; and
WHEREAS, thirty-five (35) potential CEAs have been identified, thirty-three (33) of which contain State
or Federal wetlands; and
WHEREAS, the quality of life in the Town of Dryden depends on open space, conservation, UNAs, CEAs,
town and community association parks and trails, and abundant and relatively good quality drinking water available
from aquifers underlying the town including the Fall Creek aquifer and Virgil Creek aquifer; and
WHEREAS, a public hearing will be held on the CEA inventory prior to formal adoption by the Town
Board; and
WHEREAS, there is a continuing open debate among experts concerning the environmental, health and
economic effects of natural gas exploration and extraction and the Town Board has reviewed scientific papers,
reports and articles discussing such effects, all as more fully detailed in Appendix I to this resolution; and
WHEREAS, it has not yet been conclusively determined that natural gas exploration and extraction is in the
overall best interests of the residents of the Town of Dryden due to the presence of many UNAs, CEAs, Freshwater
Wetlands (both mapped and unmapped), a significant number of slopes greater than 15 percent, and dependence on
groundwater as a source of public and private drinking water; and
WHEREAS, impacts associated with natural gas exploration, extraction, treatment, storage and
transportation include: concentrated traffic, extra-heavy truck traffic on town highways not designed for such traffic;
disturbance of land for clearing, grading, surface preparation and well pads; erosion and sediment deposition in local
waterways; noise, dust; potential spillage of flowback water from drilling processes; construction of new compressor
stations, potential fragmentation of agricultural lands and forests; pollution of local surface waters and aquifers; and
WHEREAS, the New York Court of Appeals has held that a town "is not obligated 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 powers to prevent damage to the rights of others and to promote the interests of the community
as a whole;" and
WHEREAS, the potential adverse impacts associated with natural gas exploration, extraction, treatment,
storage, processing and transportation threaten the economic future of town residents and taxpayers and their quality
of life; and
WHEREAS, after review of available scientific research from both opponents of natural gas extraction and
natural gas extraction industry advocates, the Town Board now seeks to reaffirm the protection of the residents of
Dryden from the dangers associated with natural gas exploration, and extraction; and the treatment, storage and
transportation of natural gas exploration and production wastes; and
WHEREAS, to the extent that natural gas exploration has heretofore taken place in the Town of Dryden,
the Town Board recognizes that due to the lack of sufficient notice of the issuance of permits and/or the lack of such
notice and insufficient local administrative oversight and the misinterpretation of local zoning authority, natural gas
exploration may have taken place, and notwithstanding such previous exploration activities, the Town Board
recognizes that the legal concept of estoppel cannot be applied to the Town of Dryden and enforcement of its local
laws and ordinances; and
WHEREAS, the NYSDEC Preliminary Revised Draft SGEIS 2011 (Section 8.1.1.5) proposes that
applicants for well permits will be required to identify whether the well pad is located in an area where the affected
community has adopted a comprehensive plan or other local land use plan and whether the issuance of a well permit
is inconsistent with such plan(s); and,
WHEREAS, the Town has adopted a Comprehensive Plan (2005) and a Zoning Ordinance (1969) and is
the process of revising the zoning regulations of the Town, and deems it critical to clarify that under the Town's
Comprehensive Plan, existing Zoning Ordinance and proposed Zoning Law that natural gas exploration and
extraction are not permitted uses of any property in the Town; and
WHEREAS, under existing regulations NYSDEC would not provide notice to the Town of the issuance of
a well permit (unless the proposed well pad was in an agricultural district), and well permits were thereby issued
without an opportunity for the Town to timely object and after a Negative Declaration (Notice of Determination of
Non-Significance) had been issued by NYSDEC; and
WHEREAS, the proposed amendments to the Zoning Ordinance will clarify for NYSDEC and potential
applicants for well permits for property in the Town, that such activities are not a permitted use of property in the
Town; and
WHEREAS, the Town Board has received and reviewed the public comments received before, during and
following a public hearing on the proposed amendments held on July 20, 2011, including from those individuals
commenting on the issues as more fully detailed in Appendix II to this resolution; and
WHEREAS, a vast majority of the comments received by the Town Board before, during and following the
public hearing were in favor of the proposed amendments; and
NOW, THEREFORE, the Town Board of the Town of Dryden finds, declares, determines and ordains as
follows:
1. the exploration for natural gas, the extraction of natural gas and the storage, transfer,
treatment or disposal of natural gas exploration and and/or petroleum wastes
production wastes and the accompanying use of land for an outdoor factory and heavy
industrial use in the rural environment of Dryden poses a significant threat to its
residents' health, safety, and general welfare;
2. widespread environmental and human health impacts have resulted from natural gas
exploration and extraction in other areas;
3. natural gas exploration, and the extraction or the storage, transfer, treatment or disposal
of natural gas exploration and production wastes within the Town, would endanger the
health, safety and general welfare of the community through the deposit of toxins into
the air, soil, water, environment, and in the bodies of residents;
4. the protection of residents, neighborhoods, and the natural environment through its
power to regulate and restrict the use of land for trade, industry or other purposes
constitutes the highest and best use of such land use powers that the Town possesses;
5. clean air and water are essential to most resources and activities in the Dryden area and
the quality of the air and the water will be degraded by natural gas exploration and
extraction activities and/or the storage, transfer, treatment or disposal of natural gas
exploration and production wastes;
6. natural gas exploration and extraction activities and the storage, transfer, treatment or
disposal of natural gas exploration and production wastes may cause irreparable harm
to public and private water supplies, pollution of the surface and ground water, soil,
and air, and may cause cancer, lung disease, and respiratory diseases;
7. air, soil, and water contamination may occur during the different stages of natural gas
exploration and extraction operations and the storage, transfer, treatment or disposal of
natural gas exploration and production wastes, and such contamination could have
adverse human health impacts;
8. spills of liquid and solid wastes that originate from the exploration, drilling for and
extraction of natural gas (whether onsite or during the transportation of these products
to treatment and/or disposal facilities) is not uncommon, and such products may come
into contact with and contaminate and pollute surface waters, groundwater and/or soil;
9. a large number of the chemicals used in natural gas exploration and extraction and
many of the constituents of natural gas exploration and production wastes are likely
causes of adverse human health impacts;
10. natural gas exploration and production waste products are hazardous wastes;
11. the Town of Dryden through its land use powers under Town Law §§ 261 and 262 has
the power to prohibit the exploration and extraction of natural gas and the storage,
treatment or disposal of natural gas exploration and production wastes within the
Town;
12. this amendment to the Town of Dryden Zoning Ordinance clarifies that the Town of
Dryden has, since the adoption of the original Zoning Ordinance, regulated and
restricted the use of land for outdoor factories and heavy industrial uses such as are
associated with the exploration and extraction of natural gas and the storage, treatment
or disposal of natural gas exploration and/or petroleum production wastes;
13. this amendment further reinforces the Town of Dryden 2005 Comprehensive Plan,
which Comprehensive Plan notes that:
(a) the Town of Dryden should continue and expand its efforts to protect and
enhance environmental quality through direct actions, and steps to better
protect the water resources of the Town, in order to protect them for future
generations,
(b) the Town of Dryden comprises a large portion of the Cayuga Lake
watershed and water quality therein is affected by discharges and runoff
from a wide spectrum of local use activities in the Town,
(c) the Town of Dryden is an active participant in the Cayuga Lake Watershed
Intermunicipal Organization which furthers watershed studies and
protection activities,
14. the Town's 2005 Comprehensive Plan contemplates light industrial and warehousing
enterprises, characterized by manufacturing processes that include fabrication,
assembly, treatment, packaging and distribution of finished products or parts
predominantly from previously processed or prepared materials with the absence of the
processing of raw materials such as natural gas or natural gas exploration and
production wastes.
15. the protection of the health, safety and general welfare of residents, neighborhoods, and
the natural environment is also an appropriate use of the town's police powers.
16. this amendment supports the policies of the State of New York "to conserve, improve
and protect its natural resources and environment and to prevent, abate, and control
water, land and air pollution in order to enhance the health, safety and welfare of the
people of the State and their overall economic and social well-being; and "to reduce or
eliminate the use of hazardous substances and the generation of such substances,
pollution or waste at the source in order to conserve, improve and protect New York's
environment and natural resources; enhance the health, safety and welfare of its
citizens…"
17. the Zoning Ordinance is not directed at the regulatory scheme for the operation of
natural gas wells under ECL Article 23, it addresses land use and nuisance concerns
and the protection of the health, safety and general welfare of the people of the Town
of Dryden and the enhancement of its physical environment.
18. this amendment is enacted to protect and promote the health, safety and general welfare
of present and future residents of the Town, and is an exercise of the Town's power to
adopt land use regulations to protect the health, safety and general welfare of the
current and future residents of the Town from adverse effects and impacts that would
result if the Zoning Ordinance were to be interpreted as permitting land in the Town to
be used for natural gas exploration and extraction and/or the storage, transfer, treatment
or disposal of natural gas exploration and production wastes, and its police power and
power to prohibit public nuisances.
19. this amendment is enacted pursuant to the authority set forth in Town Law §§ 261, 262,
264 and 265.
20. the Town of Dryden Zoning Ordinance is hereby amended as follows:
1. Appendix A (Definitions) is amended by adding new definitions to read as follows:
"Natural Gas" shall mean any gaseous substance, either combustible or
noncombustible, which is produced in a natural state from the earth and which
maintains a gaseous or rarified state at standard temperature and pressure
conditions, and/or gaseous components or vapors occurring in or derived from
petroleum or other hydrocarbons.
"Natural Gas and/or Petroleum Exploration" shall mean 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, which include but are not limited to
core or rotary drilling or making an excavation in the search and evaluation of
natural gas, petroleum, or other subsurface hydrocarbon deposits.
"Natural Gas and/or Petroleum Exploration and Production Materials" shall
mean any solid, semi-solid, liquid, semi-liquid or gaseous material used in the
exploration or extraction of natural gas.
"Natural Gas Exploration and/or Petroleum Production Wastes" shall mean any
garbage, refuse, cuttings, sludge, flow-back fluids, produced waters or other
discarded materials, including solid, liquid, semi-solid, or contained gaseous
material that results from or is associated with the exploration, drilling or
extraction of natural gas and/or petroleum.
"Natural Gas and/or Petroleum Extraction" shall mean the digging or drilling of
a well for the purposes of exploring for, developing or producing natural gas,
petroleum or other subsurface hydrocarbons.
"Natural Gas and/or Petroleum Support Activities" shall mean the construction,
use, or maintenance of a storage or staging yard, a water or fluid injection
station, a water or fluid gathering station, a natural gas or petroleum storage
facility, or a natural gas or petroleum gathering line, venting station, or
compressor associated with the exploration or extraction of natural gas or
petroleum.
2. Article XXI (Miscellaneous) is amended by adding a new Section 2104 to read as follows:
"Section 2104. Prohibited Uses.
(1) Prohibition against the Exploration for or Extraction of Natural Gas and/or
Petroleum.
No land in the Town shall be used: to conduct any exploration for natural gas
and/or petroleum; to drill any well for natural gas and/or petroleum; to transfer,
store, process or treat natural gas and/or petroleum; or to dispose of natural gas
and/or petroleum exploration or production wastes; or to erect any derrick,
building, or other structure; or to place any machinery or equipment for any such
purposes.
(2) Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or
Petroleum Exploration and Production Materials.
No land in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production materials.
(3) Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or
Petroleum Exploration and Production Wastes.
No land in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production wastes.
(4) Prohibition against Natural Gas and/or Petroleum Support Activities.
No land in the Town shall be used for natural gas and/or petroleum support
activities.
(5) Invalidity of Permits.
No permit issued by any local, state or federal agency, commission or board for
a use which would violate the prohibitions of this section or of this Ordinance
shall be deemed valid within the Town."
3. The introductory paragraph of Subsection 1 of Section 806 (Quarries and Excavation, Topsoil Removal) of
Article XIII (DISTRICT REGULATION: R-C ZONES) is amended to read as follows:
"1. The Town Board may authorize the issuance of a special permit for the
excavation and sale of topsoil, sand, gravel, clay or other natural solid mineral or
vegetable deposit, or the quarrying of any kind of rock formation in the R-C and
R-D Zones only. No sand or gravel or other excavation operation, except a
topsoil removal operation, shall be conducted on land of less than 20 acres in
area. The Town Board must be guided by the public health, safety and general
welfare, not only of the citizens of the Town of Dryden, but of any other
municipality, and must give particular consideration to certain factors as follows:"
4. These amendments shall take effect upon adoption and publication as provided by law.
--
William Huston WilliamAHuston@gmail.com
Binghamton NY Phone: 607-321-7846
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1 comment:
It is beautiful, isn't it. Thanks Bill.
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