(the following is partial text of the newly adopted law)
Town of Andes – County of Delaware
A Local Law to regulate heavy industry in the Town of Andes
Be it Enacted by the Town Board of the Town of Andes, Delaware County, New York, as follows:
SECTION 1. PURPOSE AND INTENT
It is the purpose of this Local Law to promote the protection, order, conduct, safety, health, and wellbeing of the residents of Andes and the lands which lie within the Town’s borders.
It is the purpose of this Local Law is to protect and enhance the Town’s physical, residential and visual environment.
It is the purpose of this law to respond to the legitimate concerns of the citizens of the Town about the potential for heavy industrial use which is inconsistent with the rural character, topography and the water sources in the Town.
It is the purpose of this Local Law to uphold and implement the Town of Andes Comprehensive Plan. The Town Board of the Town of Andes, in adopting a comprehensive plan in September 2003, established town policy guiding future growth and development.
Further, the Town Board, in adopting its comprehensive plan specifically established the following key principles:
- Maintain the character of rural roads
- Protect aquifers from being polluted
- Protect public water supplies
- Protect streams and streamside vegetation
- Reduce traffic impacts
- Assess and protect historic resources and landscapes.
- Ensure that economic development programs and new development efforts are not at cross-purposes with agriculture and farmland protection efforts, and to protect critical farming areas within the Town.
- Ensure that new development is consistent in maintaining rural character
- Ensure that the environmental resources of Andes are protected
Further, it is the purpose of this Local Law to control those activities related to heavy industry, as defined herein, which may impact wetlands, lakes, streams, groundwater resources, public drinking supplies, public roads, scenic landscapes, agriculture, small town character, and the area’s tourism and recreational-based economy. Impacts related to heavy industry that Andes seeks to avoid include, but are not limited to contaminated water supplies, air pollution, traffic congestion, deterioration of roads and bridges, noise, introduction of industrial uses into non-industrial areas, human and animal illness, and incompatible changes to the rural character of Town.
SECTION 2. AMENDMENTS
The Town of Andes Zoning Law as adopted by Town of Andes in 1993 is hereby amended by the addition of the following:
Section 2.1.3 Prohibited Uses
- C) New “Heavy Industry” uses, as defined elsewhere in this law, shall be prohibited in the Town of Andes beginning on the effective date of this Local Law. The definition of “Heavy Industry” in this law (Section IV) includes the exploration of natural gas; extraction of natural gas; natural gas processing facilities; exploration for crude oil; extraction of crude oil; oil refineries; coal mining; and coal processing. ~