A.
The following
uses and activities are hereby expressly and explicitly prohibited
in each and every zoning district within the Town, and no building
or structure shall be created, altered or erected, and no body of
water, land or building thereon shall be used, for any of such uses
or activities:
(1)
Land
application facility;
(2)
Natural
gas and/or petroleum exploration activities;
(3)
Natural
gas and/or petroleum extraction activities;
(4)
Natural
gas and/or petroleum extraction, exploration or production wastes
disposal/storage facility;
(5)
Natural
gas and/or petroleum extraction, exploration or production wastes
dump;
(6)
Natural
gas compression facility;
(7)
Natural
gas processing facility;
(8)
Underground
injection; and
(9)
Underground
natural gas storage.
B.
Any condition caused or permitted to exist in violation of this § 250-4.1 is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively, the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
The Town of Penfield hereby exercises its authority and right
under Environmental Conservation Law § 27-0711 to adopt
provisions that are consistent with Environmental Conservation Law
Article 27, such consistency demonstrated by the fact that this article
complies "with at least the minimum applicable requirements" set forth
in such statute and the rules and regulations promulgated pursuant
to said Article 27. It shall be unlawful for any person to produce,
store, inject, discard, discharge, dispose, release, or maintain,
or to suffer, cause or permit to be produced, stored, injected, discarded,
discharged, disposed, released, or maintained, anywhere within the
Town, any natural gas and/or petroleum extraction, exploration or
production wastes.
No application to customary local distribution lines, etc. The prohibitions set forth above in this Article IV are not intended and shall not be construed to:
A.
Prevent
or prohibit the right to use roadways in commerce or otherwise for
travel;
B.
Prevent
or prohibit the transmission of natural gas through utility pipes,
lines, or similar appurtenances for the limited purpose of supplying
natural gas to residents of or buildings located in the Town; or
C.
Prevent
or prohibit the incidental or normal sale, storage, or use of lubricating
oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection
with legal agriculture, residential, business, commercial, and other
uses within the Town.
