[HISTORY: Adopted by the Town Board of the Town of Warwick 12-10-1980 by Ord. No. 80-3 (Ch. 77 of the 1973 Municipal Code). Amendments noted where applicable.]
Zoning — See Ch. 164.
Editor's Note: A historical note which followed this chapter as included in the 1973 Municipal Code stated that Sections 2, 3, 4, 5 of Ord. No. 80-3 were not included since not properly part of the Code, but that Section 4 contained special provisions in case of preemption by federal or state government.
The purpose of this chapter is to prohibit the exploration for fissionable material, including the active reconnaissance phase and the extraction or processing of fissionable source material.
As used in this chapter, the following terms shall have the meanings indicated:
- ACTIVE RECONNAISSANCE
- Remote sensing techniques; introduction of explosives or chemicals to a land or water area; surface mapping or surveying; or sample collections, both those which involve and those which do not involve excavation or drilling equipment, test borings, the use of explosives or the introduction of chemicals to the land or water area.
- EXTRACTION or PROCESSING
- The extraction or processing of fissionable source material, including mining, milling or any other procedure connected with the extraction of such material from the earth and the processing of such material for fuel for nuclear fission reactors or weapons.
- FISSIONABLE SOURCE MATERIAL
- Mineral ore which is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons or which contains uranium in concentrations which might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear reactors or weapons.
The Town Board of the Town of Warwick finds, after hearing from experts regarding the extraction and processing of fissionable source materials and from the public, that to allow such extraction and processing to proceed in the Town of Warwick would create a potential danger to the health and welfare of the residents of the Town, and that the potential dangers include possible radioactive contamination of the water supply and the lowering of the water table and possible contamination of property and persons from "tailings" and other waste products.
Active reconnaissance, extraction and processing of fissionable source materials are hereby prohibited in the Town of Warwick.
The Town of Warwick will seek injunctions to prevent the activities prohibited by this chapter if such activities are undertaken by any party. A violation of any provision of this chapter is punishable by a fine of not more than $1,000 for each day of the violation or imprisonment for not more than one year, or both.