§ 23-3. Requirements for drilling.

Gas well shall be permitted in the Town of Lancaster, whether owned by a public utility or otherwise; provided, however, that it shall be unlawful to commence drilling operations or to carry on drilling operations for gas in any manner unless there has been compliance with the provisions of this local law, as follows:

A. 

Permit required. No gas well drilling operations or construction or excavation for a gas well site nor the erection of drilling equipment or the placing or moving of equipment to be used for construction of a gas well site on any land shall be commenced without a permit being first issued by the Town Board of the Town of Lancaster, after review by the Building Inspector or such other individual or agency as the Town Board may designate.

B. 

Application for permit. An application for a permit from the Town of Lancaster shall be made to the Town Board of the Town of Lancaster or such other individual or agency as the Board may designate from time to time. Said application form shall require the name and address of the leaseholder, the name and address of drilling company and, if any of the foregoing is a corporation or partnership, the names and addresses of the partners, president and treasurer thereof and the name and address of the agent or person in charge of the drilling operations. Submitted with, attached to and made a part of the application shall be a survey made by a surveyor or engineer licensed by the State of New York, showing by metes and bounds the premises to be drilled on, the proposed location of the well hole and any appurtenances to the gas well, including ponds, and the distance, in feet, of the said proposed location to adjoining property owners and to all buildings, structures, places of assembly, public recreational facilities, storage or repair areas, places of public travel or occupancy, rights-of-way of any public road or highway, rights-of-way of any public utility and streams, creeks, rivers or other bodies of water which are within three hundred (300) feet of the gas well site. The survey shall also show the names of all adjacent property owners and the zoning classification of these properties. If there are no buildings, roads and so forth within 300 feet of the gas well site or appurtenances, including ponds, then the surveyor or engineer shall indicate that fact on the survey.

C. 

Drilling permit. A copy of the drilling permit issued by the Bureau of Mineral Resources of the New York State Department of Environmental Conservation or its successor shall be submitted to the Town Board of the Town of Lancaster, together with the application for a permit.

D. 

Permit fee. The application also must be accompanied by a fee of $150 in the form of a check or money order made payable to the Town of Lancaster.

E. 

The application for the permit shall be made and signed by the leaseholder and the drilling company, with the written understanding that they have read this local law and understand that any violation of this local law is unlawful and shall constitute reason for immediate revocation of the permit and, further, shall be cause for immediately enjoining and ceasing all drilling operations.

F. 

The Town Board of the Town of Lancaster, or such other individual or agency as the Board may designate, may require such other information as shall be deemed necessary for the proper enforcement of this local law.

G. 

Bond required.

(1) 

The leaseholder of the natural gas rights of the premises upon which the gas well is to be drilled and, if there is no leaseholder, the owner of the premises shall obtain and deliver to the Town Board of the Town of Lancaster a license and permit bond in the amount of $10,000 as principal in favor of the Town of Lancaster as obligee, which bond shall insure compliance with all parts and sections of this local law.

(2) 

The license and permit bond shall be issued by a bonding company licensed to do business in the State of New York and shall be submitted to the Town Board of the Town of Lancaster with the application for the drilling permit. Such bond shall be conditioned upon compliance with all provisions of this local law, and the bond shall be made for a period of not less than one year. A new bond or an extension or renewal of the original shall be furnished at the expiration of any existing bond and shall remain in effect as long thereafter as the derrick, derrick foundations, tanks, machinery, pipe or other equipment or improvements placed on the premises to drill or operate the well, including slush pots, sump pumps and ponds, are permitted to remain on the premises.

(3) 

If any bond required herein lapses or becomes void for any reason, the permit issued under this local law shall immediately become inoperative and void until a new bond is provided or the existing bond is reinstated in full force. All bonds shall be subject to the approval of the Town Attorney as to form and sufficiency.

H. 

The applicant shall also submit to the Town Board of the Town of Lancaster or such other individual or agency as the Board may designate evidence in the form of certificates of insurance that the drilling company maintains and is carrying public liability and property damage insurance covering all drilling operations conducted by the drilling company in an amount of not less than $200,000.

I. 

Upon determination that the application is in order, that the proposed location of the gas well site complies with the restrictions set forth in § 23-4, that a state permit has been issued, that a permit and license bond have been submitted and the fee has been paid and that the necessary insurance is being maintained by the drilling company, the Town Board or such other individual or agency as the Board may designate shall issue a permit to the leaseholder and, if there is no leaseholder, to the owner of the premises.

J. 

Expiration of permit. Any permit issued upon an application for same shall expire one year from the date of issuance.

K. 

Renewal of permit.

(1) 

Any permit holder shall apply for renewal of same at the Town Clerk's office of the Town of Lancaster, by filing a renewal application as provided. Any substantial or material changes in the ownership or operation of the well(s) or the premises shall be set out in the renewal application.

(2) 

The application for renewal shall be made at least 60 days prior to the expiration date of the existing permit.

(3) 

The Town Clerk of the Town of Lancaster, upon receipt of any said renewal application, shall forward same to the Town Board of the Town of Lancaster for approval thereof before the renewal permit shall be issued by said Clerk.