Dralt VILLAGE OF NAPLES VILLAGE BOARD OF TRUSTEES PUBLIC HEARING HYDROFRACKING MORATORIUM, VILLAGE ANNEX October 19, 2011 PRESENT: Mayor Braun; Trustees Frappier, Williams, Nichols-Scott and Donadio; Attorney Miller; DPW Supervisor Schwartz; Fire Chief Elwell; Shirley Piccarreto; Bob Trischler; Emily McFaul. 7:02 PM Call to order. Mayor Braun noted that the hearing has been advertised and the proposed legislation available for review. Attorney Miller reviewed that the draft has been changed slightly to address concems raised at the last hearing. The minimum civil penalty has been increased from $100 per incident to $5000 per incident and pumping stations have been added to the prohibited activities. Trustee Williams noted that he feels itis on the right track. Trustee Donadio noted that he and Attomey Miller have been discussing the topic and has a concem. The Court of Appeals has said in the past that municipalities cannot regulate mining, which has very similar statutes to gas drilling, but that they are allowed in their zoning law to completely ban an activity. It is his concer that the ‘moratorium will be read as an attempt to regulate the process of gas drilling. He suggested a provision be added to ban gas drilling entirely and have a clause that says if one provision (banning hydrofracking specifically) is found to be invalid, and then another (banning all gas drilling) takes over so that the whole thing isn’t overridden, Attorney Miller said that if we want an all-out ban on gas drilling, then that should be the sole provision. He feels comfortable with the way it is currently worded because it is an outright ban on a use of land for a particular process. The case that was overridden involved adoption of permit fees and certain requirements on permitting of gravel mine. The court deemed this to be regulation. He noted that the current text doesn’t regulate, but bans the process, Trustee Donadio explained that the Court of Appeals had a case named Burnett Asphalt in which a town near Buffalo banned surface mining. There’s a provision in the Environmental Conservation Law almost exactly like the language for hydrofracking. Since the DEC has the exclusive right to regulate surface mining, the ban was overturned. His concern is that the moratorium ‘bans hydrofracking rather than gas drilling. Attorney Miller noted that we do want to be sure that the moratorium will stick so that a plaintiff doesn’t come in prior to the ban being in place and ultimately get a permit. He added that hydrofracking and vertical gas drilling are different uses of land with different impacts and he feels comfortable with the current wording of the proposed law. He added that the moratorium is very similar to those adopted in Gorham, Jerusalem and to the ban adopted by Geneva. Shirley Piccarreto asked what happened in Dryden that resulted in a lawsuit. Attomey Miller said it is his understanding that they instituted an outright ban but doesn’t know the specifics. Trustee Donadio noted that he believes that they banned gas drilling. He noted that the Planning Board has been reviewing the Village’s zoning for the C-3 winery district change for about a year and we can easily say that gas drilling does not fit within the land use plan for the Village. no further comment, the hearing closed at 7:24 PM. / Hicks a>— Clerk MIN10-19-11 hydrofracking moratorium hearing 1As of - /0-Il-I usZ A LOCAL LAW IMPOSING A ONE YEAR MORATORIUM ON HORIZONTAL AND DIRECTIONAL GAS DRILLING AND HYDRAULIC FRACTURING Section1. TITLE “This Local Law shallbe know as the “Moratorium on Horizontal and Dreclonal Gas Diiling and Hydraulic Fracturing” Section 2. STATEMENT OF LEGISLATIVE INTENT ttis the of this local law to prevent to prever serious detrimental healt and envformertal aflecis posed bythe practices cf eeatal econa ging an nya recog (hy = Patich could threaten the igo of contami n of aquters pi fresh water Suppyy the massive Garites of water ‘the disposal of fracking fluids, the release of chemicals used in the ‘ao which Could result n the degradation ofthe Vilage of Naples! eyrincart enveonmental, natural, and aesthetic resources. ‘The Board of Trustees ofthe Vilage desires to address ina careful Magner oe possible environmental, economic, and social implications are ‘the question of whether 7) ‘any activities in relation to hyd ‘hbuld be allowed at all within the if so, under what circumstances. “The Board of Trustees therefore finds that itn order to protect and promote the general heath, cat, andwlre fio resent te aga his adveio mera One year moratorium on the hydrofracking process and all related activities within the limits of the Village of Naples. Section3. DEFINITIONS A. HORIZONTAL OR DIRECTIONAL DRILLING - The practice of digging well, ist, down vertically to a depth above the target gas-bearing rock formation, then on ee ee oe ic iid Fezontally or et ervangle within te gas-bearing rock. B.__ HYDRAULIC FRACTURING OR HYDRO-FRACKING - The practice of pumping a fluid and a propping material, typcaly composed of sand or oer cals Flown a well under high pressure to create fractures in gas bearing rock. VILLAGE - The Village of Naples, New York VILLAGE BOARD - The Board of Trustees of the Village of Naples PLANNING BOARD - The Planning Board of the Village of Naples ZONING BOARD OF APPEALS - The Zoning Board of Appeals of the Village of Naples G. CODE ENFORCEMENT OFFICER - The Code Enforcement Officer of the Village of Naples Section 4. MORATORIUM mmooA. __ The Village Board hereby enacts a ome eee which shail prohibit the reviow, isle or creation of any’ , projects, gas storage facilities, transmission lines, the practices of horizontal ‘oralrectional drilling or hydro-fracking, Prange fectitios for storage, eres or processing of waste materials generated by hhydro-fracking anywhere within the This moratorium shall be in effect for a lod of one (1 ‘from efciv at otis el Law an ial eva one (1) year from recive dete unless Vases Be dF upon the tion by the Village Board of a resolution indicating that the ¥ilage satshcd iat the need for a moratorium no longer exists, whichever shall /O00ur, C. This moratorium shall apply to alll real property within the Village. D. _Thatwhile the moratorium hereby enacted shall be in effect, the Plannir Board shall not review wc pt diareeha or businesses es icing the practices of horizontal or ing or hydrofacking, including but not limited noe, storage facies, pumping stations, ancestor lines, ‘oF faites forthe storage, di or processing of waste materials generated by hydro-fracking, and shall not grant any preliminary oF final site plan approval to any property which intended to have on it any ‘involving horizontal or directional drill well, project or business ing or pling ut not te Sorage factves, rensraseion ines, o feces {or the storage, disposal, or processing of waste materials generated by hydro-fracking. E. That while the moratorium: oT re eticatse of is oe tee pecceneataclon of Officer shail not issue any | building per of or certificates of ‘well involving the ntal or directional di racking, nor for any other stuctr joined ase oder sarge Flug but not limited fo gas storage facies, pumping slatione, transmission lease faites forthe storage, disposal, o processing of waste maeras generated by hydro- F._ Thatwhille the moratorium hereby enacted is in effect, the Zoning Board of Appeals sal not rev ary apptatons or vafiances ot ions of the Code of the Vilage of Naples in conn fon with the construction of any’ invoking he pracon of horzonta or crectonal ling or ro racking, nor for any oer aucte Telated to the of horizontal or drectonal ling or hycro‘rackng, Including but not ited fo gas storage facies, pumping Gators, renchiesion nes, of for the storage, disposal, or processing of waste materials generated by hydro-fracking. G. _Thatwhille the moratorium hereby enacted is in effect, no persor shall ogi conetrucion of of use any pat of any B Wine age x any wal o projector business Invohing the of or directional dri any other struct fo fe practices of horizontal orci Gta or hyd tracking, lung but net ined to gas storage facies, pumping cations, tenaniaon res or facilis forthe storage, csposal, or processing of ma generated by hydro tracking Section 5. PENALTIES. ‘Any person, firm, or corporation which shall violate the provisions of this Local Law 2