Local Law Imposing a Twelve Month Moratorium on Activity Known as Hydraulic Fracturing or Hydrofracking in the Town of Annsville

Town of Annsville

Local Law #1 of 2012

A Local Law Imposing a Twelve Month Moratorium on Activity Known as Hydraulic Fracturing or Hyrdrofracking in the Town of Annsville

Section 1. Title

This Local Law shall be referred to as "Town of Annsville Local Law #1 of 2012, A Local Law Imposing a Twelve Month Moratorium on the Activity Known as Hydraulic Fracturing and/or Hydrofracking in the Town of Annsville"

Section 2. Purpose and Intent

The Town of Annsville has legitimate goals and aims to protect the community as well as the Town's cultural, historical, recreational, and environmental resources. Therefore, the Town Board believes that an extended period study of hydrofracking is necessary. The period of study will allow the Town Board to consider hydrofracking regulations meant to protect the environment as well as the town's residential and agricultural land uses.

Pursuant to the statutory powers vested in the Town of Annsville to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Annsville declares a twelve month moratorium on the process known as hydraulic fracturing and/or hydrofracking, as well as a moratorium on any activity associated therewith or intending to support such process including the establishment, implementation, placement, or construction of such process or activity in the Town of Annsville.

Section 3. Legislative Findings

A.   Pursuant to its legislative powers the Town Board of the Town of Annsville proposes to
enact "A Local Law Imposing a Twelve Month Moratorium on the Activity Known as
Hydraulic Fracturing and/or Hydrofracking in the Town of Annsville."

B.   The issues which led to the decision have not abated, and the issues have also not ripened
to the point that the Town has been able to address or enact appropriate and
comprehensive legislation to address this highly controversial issue. The board is mindful
that a moratorium of an extended period is not generally advisable, however, not only is

the issue of hydraulic fracturing and/or hydrofracking unique, the issue as to the manner in which activity should be regulated in the Town of Annsville and also in the State of New York is an ongoing matter of great concern and controversy throughout the state.

C.   It is not yet clear as to what safeguards are anticipated to be put in place by the NYDEC
and/or NY Legislature to protect New York waters, air, soil, flora, fauna, properties and
people, nor exactly how long such regulations may take to enact. Accordingly, it is
difficult for the Town to determine the type of legislation that would be necessary,
required or permitted, until well after the State clarifies its position.

D.   This Board is desirous of utilizing this extended moratorium period to continue to
monitor and review state legislation, legislations of other towns and unicipalitiesrelating
to this subject and gathering the continuing mass of information that is becoming
available on this subject; and including possible legislative language for the town as
suggested by experts in the field. Particularly, when and if the permit prohibition by the
state is lifted, this Board wants to have sufficient additional time to put appropriate
legislation in place.

E.   However, the Town is also concerned with the potential for damage to groundwater
quality and quantity, the potential for sedimentation and erosion and the method of
disposal of naturally occurring radioactive materials. Hydrofracking requires the use of
large amounts of water, including the use of surface water (streams, wetlands), private
ponds, groundwater, municipal water, waste water and produced water. Further, the use
of hydrofracking will create more demand for commercial waste water treatment
facilities to dispose of produced water. The Town Board is concerned with the potential
for groundwater pollution which would affect many water wells throughout Annsville.
There may also be further impact to local roads during the construction and use of any
potential well. Lastly, the Town is concerned with the potentially negative impacts on
water quality, agricultural land uses and wetlands.

F.   At this point it is important to note that there are no hydrofracking activities pending in
the Town. Therefore, there does not appear to be any person or party substantially
prejudiced by this moratorium at this time. Nonetheless, the Town Board determines that
while the review and monitoring of and in consideration of the significant environmental
issues surrounding the hydrofracking process and its potentially permanent and
irreversible consequences, a moratorium on hydrofracking is appropriate and necessary in
order to preserve the status quo until new regulations can be adopted.

Section 4. Definitions

A.   The terms "Hydraulic Fracturing" and/or "Hydrofracking" shall mean the process of
recovering and/or developing natural gas trapped behind shale or rock and which
generally is accomplished by a gas well that is drilled vertically into the ground and then
horizontally from the well head, after which water, sand and/or chemicals are injected
into the well the breaking and/or fracturing of shale and/or natural structures under the
ground intending to release natural gas from the ground.

B.   The term "Town" when used in this Local Law shall mean the Town of Annsville.

C.   The terms "Town Board" and "Planning Board" when used in this Local Law shall refer
to the appropriate boards established in the Town of Annsville.

D.   The term "Person" when used in this Local Law shall include an individual, society, club, firm,
partnership, joint venture, corporation, or the association of persons, and the singular shall
includes the plural number.

Section 5. Scope of Controls

A.   During the effective period of this Local Law:

1.  The Town Board of the Town of Annsville shall not grant any approvals that would have as the results the establishment, implementation, placement, or construction of the process known as hydraulic fracturing and/or hydrofiacking, including any activity associated therewith or intending to support such process including the establishment or implementation of such process or activity in the Town of Annsville.

2.     The Town Planning Board shall not grant any preliminary or final approval to a site plan, special use permit, specific use permit or other permit that would have as a result the establishment, implementation, placement, or construction of the process known as hydraulic fracturing and/or hydrofiacking, including any activity associated therewith or intending to support such process including the establishment or implementation of such process or activity in the Town of Annsville.

3.           The Codes Enforcement Officer shall not issue any permit that would have as a result the establishment, implementation, placement, or construction of the process known as hydraulic fracturing and/or hydrofiacking, including any activity associated therewith or intending to support such process including the establishment or implementation of such process or activity in the Town of Annsville.

B.   The Town Board of the Town of Annsville reserves the right to direct the Codes
Enforcement Officer to revoke or rescind any building permits, certificates of occupancy or
other permits or certificates issued in violation of this Local Law.

Section 6. No Consideration of New Applications

No applications for construction affected by this Local Law or for approvals for a site plan, variance, specific use permit, special use permit or other permits shall be considered by any board, officer or agency of the Town while the moratorium imposed by this Local Law is in effect.

Section 7. Term

The moratorium imposed by this Local Law shall be in effect for a period of 365 days from the date of this Local Law. This moratorium may be extended for an additional period of not more than 180 days by the Town Board.

Section 8. Violations

Any person violating any of the provisions of this Local Law shall be guilty of an offense and upon a conviction thereof, be given a civil penalty of no less than $500.00 and no more than $1000.00 per day for this violation. Each day's violation shall constitute a separate and additional violation. An action may be commenced in a court of competent jurisdiction to recover such penalty. In addition thereto, violations of this Local Law shall be subject to being restrained by injunctive relief. Any