Penfield City Zoning Code
ARTICLE IV
Explicitly Prohibited Uses; Natural Gas and/or Petroleum Extractions, Exploration or Production Wastes
§ 250-4.1 Explicitly prohibited uses.
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."
§ 250-4.2 Prohibition against natural gas and/or petroleum extraction, exploration or production wastes.
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.
§ 250-4.3 Exceptions.
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.