The following supplementary regulations are
applicable to all zoning districts within the Town of Kingston.
In all districts, at the time any new building
or structure is erected, any existing building or structure enlarged,
new or changed use of land or structure established, or subdivision
completed, off-street parking and loading space shall be provided
in accordance with the minimum standards set forth below. These parking
spaces shall be satisfactorily maintained by the owner of the property
for each building, which after the date this chapter becomes effective,
is erected, enlarged, or altered for any use for any of the following
purposes. All parking spaces provided pursuant to this section shall
be on the same lot with the building. The Planning Board may require
additional off-street parking and loading spaces for any use if the
Planning Board finds that the minimum standards are not sufficient.
A.
Required spaces.
(1)
See Table 6.1 below for the number of required parking
spaces for each land use.
(b)
In the case of a combination of uses on a single
parcel, the requirement for off-street parking spaces shall be the
sum of the requirements for the various individual uses, unless it
can be established by the applicant to the satisfaction of the Planning
Board that staggered hours of use would permit modification.
Table 6.1 Required Parking Spaces
|
Land Use
|
Required Number of Parking Spaces
| |
---|---|---|
Single-family house
|
2 spaces
| |
Duplex
|
4 spaces
| |
Multifamily dwelling, 3 units
[Added 6-4-2007 by L.L. No. 1-2007] |
6 spaces
| |
Multifamily dwelling, 4 units
[Added 6-4-2007 by L.L. No. 1-2007] |
8 spaces
| |
Accessory apartment
|
1 space
| |
Bed-and-breakfast
|
1 space per bedroom plus 2 spaces
| |
Church
|
1 space per every 3 seats or 50 square feet
of seating area where fixed seating is not provided
| |
Nursing home
|
1 space per every 2 beds
| |
Home occupation
|
1 space per employee
| |
School
|
1 space per 12 classroom seats or 1 space per
3 auditorium seats, whichever is greater
| |
Government use
|
1 space per 300 square feet of gross floor area
plus 1 space per employee
| |
Hospital/medical use
|
5 spaces per professional on duty plus 1 space
per employee
| |
Office
|
1 space per 300 gross square feet
| |
Retail store/bank/pharmacy
|
1 space per 200 gross square feet
| |
Convenience store
|
1 space per 150 gross square feet
| |
Restaurant/tavern/fast food restaurant
|
1 space per every 3 seats or 50 square feet,
whichever is greater
| |
Hotel/motel
|
1 space per bedroom plus 3 per 1,000 square
feet of non-guest floor area
| |
Private club
|
1 space per every 50 square feet of floor area
| |
Campground[1]
|
1 space per campsite plus 1 space per employee
| |
Warehouse
|
1 space per every 2 employees
| |
Personal service establishment
|
1 space per 200 square feet of floor area
| |
Veterinary hospital
|
4 spaces per veterinarian on duty plus 1 space
per employee
| |
Laundromat
|
1 space per every 3 machines
| |
Day care
|
1 space per every 5 children
| |
Gasoline station
|
1 space per every 200 square feet of floor area
| |
Theater
|
1 space every 3 seats
| |
Grocery
|
1 space every 200 square feet of floor area
| |
Shopping center
|
1 space per every 200 square feet of floor area
| |
Industrial/manufacturing use/research and development
center
|
1 space per every employee plus 1 space per
5,000 square feet of floor area
|
(c)
In any district, the Planning Board may, at
its sole discretion, approve the joint use of a parking facility and
a reduction in the parking requirement of up to 30% by two or more
principal buildings or uses, either on the same, adjacent or nearby
parcels, where it is clearly demonstrated that the reduction in spaces
and shared use of the parking facility will substantially meet the
intent of the parking requirements by reason of variation in time
of use by patrons or employees among such establishments or by virtue
of pedestrian pathways that facilitate walking within 1/4 mile. There
shall be a covenant on the separate parcel or lot guaranteeing the
maintenance of the required off-street parking facilities during the
existence of the principal use. Such covenant shall:
[1]
Be executed by the owner of said lot or parcel
of land and the parties having beneficial use thereof;
[2]
Be enforceable by either of the parties having
beneficial use thereof as both; and
[3]
Be enforceable against the owner, the parties
having beneficial use, and their heirs, successors and assigns.
(2)
Alternative off-street parking standards to those
above shall be accepted by the Planning Board if the applicant demonstrates
that such standards better reflect local conditions.
B.
Design standards.
(1)
Areas which may be considered as meeting off-street
parking space requirements may include a garage, carport or other
properly developed area available for parking;
(2)
Parking shall not encroach within 15 feet of any public
right-of-way, side or rear property line, except that if abutting
a residential district a minimum of 20 feet separation shall be maintained;
(3)
In all districts, each parking space provided shall
be at least nine feet wide and 18 feet long. Parking spaces for the
physically handicapped shall measure 12 feet in width. Each space
shall have direct and usable driveway access to a street and adequate
maneuvering area between spaces;
(4)
The average parking lot per automobile space shall
not be less than 300 square feet, including adjacent circulation areas;
(5)
All parking areas shall be suitably drained;
(6)
All nonresidential off-street parking areas shall
be designed to eliminate the need to back out onto any public street,
road, or highway;
(7)
Parking facilities shall be landscaped and screened
to the extent necessary to eliminate unsightliness and impacts on
adjacent land uses;
(8)
Parking facilities shall be adequately lit.
A.
Standards. See Table 6.2 for the number of required
loading spaces or berths for the following uses.
Table 6.2 Required Loading Spaces
| ||
---|---|---|
Office and retail space uses
|
1 berth per 5,000 to 25,000 square feet of floor
area and 1 additional berth for each additional 25,000 square feet
| |
Hotel/motel
|
1 berth for floor area in excess of 10,000 square
feet
| |
Industrial/manufacturing/research and development
uses
|
1 berth per 5,000 square feet of floor area
and 1 additional berth for each additional 25,000 square feet
|
B.
Design standards.
(1)
Each required loading berth shall be at least 12 feet
wide, 35 feet long, and 14 feet high. Alternative design standards
to these may be accepted by the Planning Board if the applicant demonstrates
that such standards are an appropriate response.
(2)
Unobstructed access, at least 12 feet wide, to and
from a street shall be provided. Such access may be combined with
access to a parking lot. All permitted or required loading berths
shall be on the same lot as the use to which they are accessory, except
as permitted below. Unobstructed access, at least 12 feet wide, to
and from a street shall be provided. Such access may be combined with
access to a parking lot. All permitted or required loading berths
shall be permitted below. No entrance or exits for any off-street
parking or loading area shall be located within 50 feet of any street
intersection, nor shall any off-street loading berth encroach on any
required front yard or required side yard, accessway or off-street
parking area, except that in a commercial district off-street parking
areas may be used for loading and unloading, provided that such areas
shall not be so used or restricted for any more than three hours during
the daily period that the establishment is open for business.
(3)
Permitted or required loading berths, open or enclosed,
may be provided in spaces designed to serve jointly two or more adjacent
establishments.
A.
Purpose and intent. The conduct of business in residential
units may be permitted under the provisions of this section. It is
the intent of this section to:
(1)
Ensure the compatibility of home occupations with
other uses permitted in the Town;
(2)
Maintain and preserve the rural character of residential
neighborhoods and areas;
(3)
Assure that facilities and services designed for residential
areas are not misused for inappropriate commercial purposes; and
(4)
Provide peace, quiet, and domestic tranquility within
all residential neighborhoods or areas, and guarantee to all residents
freedom from excessive noise and traffic, nuisance, fire hazard, and
other possible effects of commercial uses being conducted in residential
areas.
B.
List of home occupations. Home occupations are divided
into two types: Type 1 and Type 2.
(1)
The following Type 1 home occupations are permitted by right upon issuance of a permit by the Code Enforcement Officer, provided that they are carried on in a manner which complies with the standards in Subsection A above:
(a)
Appliance repair;
(b)
Architectural, landscape architectural, planning,
engineering, interior design, and financial planning services;
(c)
Art restoration;
(d)
Baby-sitting;
(e)
Data processing;
(f)
Dentist, dental technician;
(g)
Drafting and graphic services;
(h)
Dressmaking, sewing, tailoring, contract sewing;
(i)
Flower arranging;
(j)
Gardening, landscape maintenance;
(k)
Home crafts including ceramics with kiln up
to six cubic feet, jewelry making, basketry;
(l)
House cleaning service;
(m)
Locksmith;
(n)
Physician;
(o)
Real estate sales or broker;
(p)
Sales or manufacturer representative (office
only);
(q)
Studio;
(r)
Swimming pool cleaning;
(s)
Telephone answering, switchboard, and call forwarding;
(t)
Tutoring;
(u)
Typing and word processing;
(v)
Watch repair;
(w)
Writing, computer programming.
C.
Criteria and standards.
(1)
In all residential districts, home occupations in compliance with the following criteria and standards and listed as allowed home occupations pursuant to Subsection B above are permitted upon issuance of a permit by the Code Enforcement Officer.
(a)
A home occupation shall be incidental and secondary
to the use of a dwelling unit for residential purposes. It shall be
conducted in a manner which does not give the outward appearance of
a business, does not infringe on the right of neighboring residents
to enjoy the peaceful occupancy of their dwelling units, and does
not alter the character of the residential district. A home occupation
may be conducted within the primary dwelling or within an accessory
building.
(b)
No more than 500 square feet of the floor area
of the dwelling unit may be used in connection with a home occupation.
Floor area of the dwelling unit is the habitable area.
(c)
The home occupation is to be conducted only
by members of the family residing in or maintaining the dwelling unit
plus no more than two nonresident assistants or employees at any one
time.
(d)
There shall be no external alteration of the
appearance of the property, the dwelling or accessory building in
which the home occupation is conducted, which would reflect the existence
of said home occupation.
(e)
Any signs used in conjunction with a home occupation
shall be no larger than three square feet.
(f)
A home occupation, including studios or rooms
for instruction, shall provide all necessary parking associated with
the home occupation off-street, not to exceed four spaces.
(g)
Delivery and pickup of materials or commodities
to and from the premises by a commercial vehicle shall not exceed
two trips per week, and the deliveries shall not restrict traffic
circulation. A "vehicle," for the purpose of this provision, is any
motor vehicle having a gross vehicle weight of more than 14,000 pounds.
(h)
There shall be no exterior storage of materials,
equipment, or other supplies to be used in conjunction with a home
occupation.
(i)
A home occupation shall produce no offensive
noise, vibration, smoke, electrical interference, dust, odors, or
heat. A home occupation, as provided by this chapter, shall be completely
contained within the principal or accessory building. No noise, vibration,
smoke, electric interference, dust, odors, or heat shall be detectable
beyond the walls of the building where the home occupation is located.
No toxic, explosive, flammable, combustible, corrosive, etiologic,
radioactive, or other restricted materials shall be used or stored
on the site. Processes which are hazardous to public health, safety,
morals, or welfare are prohibited.
(j)
The total number of home occupations conducted
within a dwelling unit is not limited, except that the cumulative
impact of all home occupations conducted within the dwelling unit
or on the premises thereof shall not be greater than the impact of
one home occupation.
D.
Home occupation by special permit. Any home occupation meeting the standards and criteria of Subsection C above but not listed as a permitted occupation under Subsection B above may be allowed by special permit issued by the Planning Board. In issuing such special permits, the Planning Board must find that the proposed home occupation meets the criteria and standards in Subsection B above, as well as the special permit standards in Article V of this chapter.[1]
E.
Permit application procedure. Application for a permit for a home occupation permitted by right shall be made to the Code Enforcement Officer, who shall issue a permit upon finding that the proposed home occupation will satisfy the criteria and standards in Subsection C above. Application for a special permit for a home occupation that is not permitted by right shall be made in accordance with Article V of this chapter.[2]
Development in floodplains in the Town of Kingston
is regulated by Local Law No. 1 of 1988.[1]
A.
Intent. It is the intent of the Town of Kingston that
signs contribute to the aesthetic character of the Town and do not
adversely affect such character.
B.
Standards.
(1)
Signs shall be constructed of wood, plastic, metal,
glass, or stone.
(2)
Strings of lights are prohibited, except from November
1 to January 30, whether or not they are part of any sign. No sign
shall contain flashing, intermittent, rotating or moving lights, nor
consist of other pennants, banners, ribbons, or streamers; however,
pennants, banners, ribbons, or streamers may be employed on an occasional
or temporary basis, not more than three times per year, for periods
of one week, to call attention to special business or related events
such as "grand openings," "special sales," etc.
(3)
No sign shall contain or employ day-glowing or other
fluorescent paint or pigments.
(4)
No building-mounted sign shall be erected or maintained
which extends above the highest roof ridge of any building or structure.
(5)
Freestanding signs shall not exceed 12 feet in height,
measured from the highest level of ground immediately beneath the
sign to the highest point of the sign or the supporting structure
thereof, except in the MU-1 Zone. Signs in the MU-1 Zone shall not
exceed 25 feet in height.
(6)
Freestanding signs shall be appropriately landscaped.
(8)
The sign area shall be considered to be the entire
area within a single, continuous perimeter enclosing all elements
of the sign, which form an integral part of the display. The structure
supporting a sign shall not be included unless the structure is designed
in a way to form an integral background for the display. Only one
face of a double-faced sign shall be included as surface or area of
such a sign.
(9)
Freestanding signs shall be placed so as not to obstruct
the vision of motorists entering and leaving the premises, and shall
otherwise not interfere with pedestrian or any other traffic, nor
interfere with the use and enjoyment of the adjoining property(ies).
(10)
Any sign in existence on the first date of this
chapter's enactment may be replaced with a sign duplicating size,
shape and design.
(11)
The Code Enforcement Officer shall be responsible
for issuing permits for signs and determining compliance with these
standards. The Code Enforcement Officer shall determine that signs
are in conformance with an approved site plan or special use permit,
where applicable, before issuing a permit.
(12)
Not more than two signs, including off-premises
locations, shall be erected or maintained relating to a single business
or activity, except for directional signs that do not exceed four
square feet in sign area and which are limited to such texts as "Entrance,"
"Exit," "No Parking," etc. The total combined sign area of the two
permitted signs shall not exceed 40 square feet, except in the MU-1
Zone. For the purposes of this provision, a single business or activity
shall include all businesses or activities subordinate to or integrated
with that business or activity, located on the same premises as that
business or activity.
(13)
The following standards shall apply only to
the MU-1 Zone:
(a)
If freestanding signs are used to identify two
or more uses in a single structure, one freestanding sign shall be
required rather than individual freestanding signs for each use. The
total square footage of this single sign shall not exceed the allowable
use (per business or activity) or 120 square feet, whichever is less.
This shall include the name of the structure in which the uses are
located and all other information or images included in the sign.
(b)
The total combined sign area of all permitted
signs shall not exceed 60 square feet per business or activity.
(14)
The following standards shall apply in all zones
except the MU-1 Zone:
(a)
If freestanding signs are used to identify two
or more uses in a single structure, those signs shall be combined
into one monument-style sign, rather than individual signs for each
use.
(b)
The total square footage of a monument sign
shall not exceed the allowable sign area per use or 60 square feet
in the residential zone or 100 square feet in all other zones, whichever
is less. This shall include the name of the structure in which the
uses are located and all other information or images included in the
sign.
C.
Exceptions. The following signs shall not require
a permit:
(1)
Signs advertising the sale or rental of the premises
upon which the sign is located, which shall be limited to one per
realtor and shall not exceed 20 square feet.
(2)
Signs denoting the architect, engineer or contractor
where construction, repair or renovation is in progress, which shall
be limited to one per property and shall not exceed 20 square feet.
(3)
Professional and trade nameplates and home business
signs. Such signs may be illuminated by external light only and shall
be limited to one per person or business.
(4)
Signs, which mark property boundaries, give directions
for roads or trails; prohibit trespassing, hunting, fishing or off-road
vehicles; or warn of hazards.
(5)
Signs giving the name of the residents of a dwelling
or its address. Such signs may be illuminated by external light and
shall be limited to one per dwelling.
(6)
Temporary signs, including banners, or pennants, relating
to garage, lawn or other individual, nonrecurring sales, for the sale
of produce grown or harvested by the property owner where the subject
sign is located, or for a church bazaar, fund drive, parade, fair,
firemen's field day or other event or undertaking conducted by a political,
civic, religious, charitable or educational organization. Such temporary
signs are not limited in size, can be displayed for no more than two
months, and shall be removed within seven days after the termination
of the activity being advertised. Temporary signs may not be mounted
on trees within public rights-of-way and shall not be located so as
to interfere with driver vision, pedestrian traffic, or any other
traffic.
Any below-ground swimming pools, as defined
by this chapter, shall be subject to the following requirements:
A.
The swimming pool shall be enclosed on all sides by
a security fence not less than four feet nor more than six feet in
height. Such security fences shall be provided with a locking gate
to prevent accidental entry.
Fences and walls shall not exceed eight feet
in height.
Every principal building shall be built upon
a lot with a minimum of 20 feet of frontage upon a street improved
to the minimum standards of the Town of Kingston. Such frontage shall
provide actual physical access to and from the lot for emergency vehicle
access.
A.
Notwithstanding the limitations imposed by any other
provision of this chapter, any substandard lot which exists at the
first enactment of this chapter can be built upon. The minimum yard
requirements shall be reduced in proportion to the size of the lot
as compared to the minimum required for the district.
B.
The requirements of Town Law § 265-a, requiring
review of lots which are substandard at the time of the first enactment
of this chapter within two years of such enactment, are specifically
waived by this chapter, and no such review shall be required.
In reviewing applications for site plan review
and special use permits in the MU-1 District, the Planning Board shall
apply the following guidelines.
A.
The number of access points to Route 28 shall be minimized.
B.
Cross-connection of pedestrian and vehicle circulation
ways between adjacent parcels shall be encouraged.
C.
A strip of landscaped plantings shall be maintained
along the Route 28 street edge.
D.
Parking is encouraged to be located to the side or
rear of buildings.
A.
The Town of Kingston recognizes that adult uses, because
of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when several of them are
concentrated under certain circumstances and in close proximity to
one another, thereby having a deleterious effect upon the adjacent
areas. Special regulation of such uses is necessary to ensure that
these adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood, thereby having a deleterious effect
on the health, safety and general welfare of the Town and its inhabitants.
The primary control or regulation is for the purpose of preventing
a concentration of this use in any one area.
B.
No adult use shall hereafter be located within 2,500
feet from the nearest property line of any residence, or any public,
private or parochial school, library, park or playground, church,
convent, monastery, synagogue or other place of worship. No adult
use shall hereafter be located within 2,500 feet from the nearest
property line of another adult use.
Household, garage, porch, yard or tag sales
are allowed in any district, provided that no household, garage, porch,
yard or tag sale be held in which items are displayed for sale for
more than four consecutive days, nor for more than a total of eight
days per calendar month.
All kennels shall be located on parcels of at
least five acres. All dog runs or other areas in which dogs are kept
must be located at least 200 feet from any property line.
Temporary sawmills are sawing machines, which
may or may not be located within a temporary or permanent building
set up for the purpose of sawing and milling lumber. Temporary sawmills
must be set up and dismantled within 60 days of the date of issuance
of a permit from the Code Enforcement Officer.
A.
Purpose and intent. It is the purpose of this section
to prevent the clear-cutting and grading of lots except in association
with an approved site plan.
B.
Within all zoning districts, there shall be no clear-cutting
or grading of more than two acres without first obtaining site plan
approval. These activities may be subject to additional requirements
of other regulating agencies.
A.
Within the MU-1 or MU-2 Zoning District, temporary
or transient commercial uses shall be allowed upon issuance of a building
permit by the Code Enforcement Officer. Such commercial use shall
not be approved for more than four consecutive days or for more than
eight days in any one calendar month.
[Amended 4-15-2010 by L.L. No. 2-2010]
B.
In determining whether to issue a permit, the Code
Enforcement Officer will consider the following criteria:
Within any zoning district, any mobile home
that has been abandoned for more than one year must be removed from
the site.
There may not be more than two junk vehicles
on any parcel or on any one contiguous ownership, in any district.
Junk vehicles may not be stored or disposed of on vacant lands. This
regulation does not apply to classic or historic cars as defined herein.
A.
Legislative purpose. The Town Board of the Town of
Kingston, as a matter of public policy, realizes that there are times
within a family when, for the good of the family, individuals who
are within a lineal degree of consanguinity to the occupant of a single-family
house or employees or guests of the same, desire to live under the
same roof but in independent distinguishable living quarters. It further
realizes that the house may have to be structurally altered because
of this occupancy. Therefore, it grants to the Code Enforcement Officer
the power to grant the right of a homeowner to structurally alter
the residence into a temporary two-family residence. It is not the
intent of this section to permit applications to be granted where
the permitted second living unit will be rented.
B.
The following regulations and criteria must be followed
by the Code Enforcement Officer when granting such applications:
(1)
The owner of the property, and not an agent of the
owner, must apply for any application for a building permit to create
a temporary accessory dwelling.
(2)
For each temporary accessory dwelling, there must
be submitted a notarized statement that the owner is not to take any
financial compensation in the form of rent for occupancy of the temporary
accessory dwelling.
(3)
A temporary accessory dwelling shall only be located
in a residence which has more than 1,000 square feet and any temporary
accessory dwelling shall not be more than one-third of the square
footage of the primary dwelling. In addition, the entrance to the
temporary accessory dwelling shall not be a separate and exclusive
entrance to the exterior of the building. The entrance to the temporary
accessory dwelling must be via a building entrance that serves both
the principal dwelling and the temporary accessory dwelling. The entrance
to the temporary accessory dwelling must also be from a living area
in the primary dwelling. Any second entrance to the temporary accessory
dwelling to the exterior shall only be permitted if it accesses a
porch or deck that has no access to the ground. A temporary accessory
dwelling shall not have separate utility meters or services from the
street.
[Added 6-1-2015 by L.L.
No. 2-2015]
A.
The Town Board of the Town of Kingston finds, declares and determines
that 1) the exploration for natural gas, 2) the extraction of natural
gas, and 3) the storage, transfer, treatment or disposal of natural
gas and exploration and production wastes in the environment of the
Town pose a significant threat to its residents' health, safety and
welfare. If natural gas exploration and extraction or the storage,
transfer, treatment or disposal of natural gas production wastes were
to occur within the Town, these activities would endanger the health,
safety and welfare of residents through the deposit of toxins into
the environment. Clean air and water are essential to most resources
and activities in the area. 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. These activities and waste products may presently
or, in the future, cause irreparable harm to Town residents' water
supplies. This amendment is not directed at the regulatory scheme
for the operation of natural gas wells under the Oil, Gas and Solution
Mining Law of New York State. It only addresses the land use and nuisance
concerns and the protection of the health, safety and welfare of the
people of the Town of Kingston and the enhancement of its physical
environment.
B.
ALTERNATIVE FUEL VEHICLE
INJECTION WELL
LAND APPLICATION FACILITY
NATURAL GAS
NATURAL GAS EXPLORATION ACTIVITIES
NATURAL GAS EXTRACTION ACTIVITIES
NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE
FACILITY
NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
NATURAL GAS PRODUCTION BY-PRODUCTS
NATURAL GAS SUPPORT ACTIVITIES
PIPELINE
(1)
(2)
SOIL MINING
UNDERGROUND INJECTION
UNDERGROUND NATURAL GAS STORAGE
Definitions, as used in this section, the following terms shall have
the meanings indicated:
Any vehicle powered by natural gas (NGV), compressed natural
gas (CNG), liquefied natural gas (LNG), or propane (LPG).
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (that may
or may not include semisolids) are injected into the subsurface and
less than 90% of such fluids return to the surface within a period
of 90 days.
A site where any natural gas extraction, exploration or production
wastes are applied to the soil surface or injected into the upper
layers of soil.
Methane and any gaseous substance, either combustible or
noncombustible, that is produced in a natural state from the earth
and that maintains a gaseous or rarefied state at standard temperature
and pressure conditions, and/or gaseous components or vapors occurring
in or derived from petroleum or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons, including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
but only to the extent that such activities involve or employ core,
rotary, or any other type of drilling or otherwise making any penetration
or excavation of any land or water surface in the search for and evaluation
of natural gas or other subsurface hydrocarbon deposits.
The digging or boring of a well for the purposes of exploring
for, developing or producing natural gas or other subsurface hydrocarbons,
including, without limitation, any and all forms of hydraulic fracturing.
Any of the following in any form, and whether or not such items
have been excepted or exempted from the coverage of any federal or
state environmental protection laws, or have been excepted from statutory
or regulatory definitions of "industrial waste," "hazardous," or "toxic,"
and whether or not such substances are generally characterized as
waste:
Below-regulatory-concern radioactive material, or any radioactive
material that is not below regulatory concern but which is in fact
not being regulated by an agency otherwise having jurisdiction over
such material in the Town, whether naturally occurring or otherwise,
relating to, arising in connection with, or produced by or incidental
to the exploration for, the extraction or production of, or the processing,
treatment, or transportation of natural gas or any related hydrocarbons;
Natural gas drilling fluids, including, but not limited to,
hydraulic fracturing fluid;
Natural gas exploration, drilling, production or processing
wastes;
Natural gas drilling treatment wastes (such as oils, fracturing
fluids, produced water, brine, flowback, sediment and/or any other
liquid or semiliquid material);
Any chemical, waste oil, waste emulsified oil, mud, or sediment
that was used or produced in the drilling, development, transportation,
processing or refining of natural gas;
Soil contaminated in the drilling, hydraulic fracturing (including
but not limited to high-volume hydraulic fracturing), transportation,
processing or refining of natural gas;
Drill cuttings from hydraulic fracturing and/or horizontal drilling
for natural gas wells; or
Any other wastes associated with the exploration, drilling,
production or treatment of natural gas. This definition specifically
intends to include some wastes that may otherwise be classified as
"solid wastes that are not hazardous wastes" under 40 CFR 261.4(b).
Any of the following:
Land upon which natural gas extraction, exploration or production
wastes, or their residue or constituents before or after treatment,
are deposited, disposed, discharged, injected, placed, buried or discarded,
without any intention of further use.
Any refuse, sludge or other waste materials, whether or not
recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or produced as a by-product of natural gas
exploration or extraction, including, without limitation, production
brine, produced waters, flowback, flowback fluids or hydraulic fracturing
fluids.
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 storage facility, or a natural gas gathering
line, venting station, or compressor associated with the exploration
or extraction of natural gas.
All parts of those physical facilities through which gas, hazardous
liquids, or chemicals move in transportation (including pipes, valves
and other equipment and appurtenances attached to pipes and other
equipment such as drip stations, vent stations, pigging facilities,
valve boxes, transfer pump stations, measuring and regulating equipment,
yard and station piping, and cathodic protection equipment), whether
or not laid in public or private easement or private right-of-way
within the Town. This includes, without limitation, gathering lines,
production lines, and transmission lines in connection with natural
gas exploration activities and natural gas extraction activities.
Notwithstanding the foregoing definition, those pipelines that
are exempt or otherwise excluded from regulation under federal and
state laws regarding pipeline construction standards or reporting
requirements, and specifically production lines, distribution lines
and gathering lines, are not subject to regulation by this Code.
The use of land for the purpose of extracting and selling
stone, sand, gravel or other minerals, and not including natural gas
or oil exploration and extraction.
Subsurface emplacement of natural gas extraction, exploration
or production wastes, including emplacement by or into an injection
well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities and
pipelines.
C.
Prohibited uses.
(1)
It shall be unlawful in or on any zoning district or any property
within the boundaries of the Town to operate, conduct, commission,
authorize, or permit, or produce natural gas exploration, exploration
or production wastes, natural gas support activities, or storage or
disposal of natural gas production by-products, natural gas extraction,
exploration or production wastes dump. Nothing herein shall be deemed
to prohibit soil mining or excavation as defined in this Code, unless
such mining or excavation otherwise qualifies as a prohibited use
under this section.
(2)
Furthermore, nothing herein shall be deemed to prohibit the
use of alternative fuel vehicles.