Municipal Planning & Regulatory Tools: examples from southern Finger Lakes counties
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1 Municipal Planning & Regulatory Tools: examples from southern Finger Lakes counties Proactive Approaches to Managing Impacts of Marcellus Shale Development Conference, 2011 Darby Kiley, Planner, Tompkins County Meghan Thoreau, Planner, STC Planning Photo:
2 Our priorities Assist municipalities as they prepare for the advancing natural gas industry Coordinate projects & information concerning Marcellus Shale natural gas exploration Provide ongoing support for the county task forces and municipalities Photo:
3 Natural Gas Task Forces Community level Many different organization styles Help plan and prepare for gas development Gather and share information Work in different political climates Regional task forces: skforces.aspx In the news, What s the task of Marcellus Shale task force? (21 June 2011) Marcellus-Shale-task-force Photo:
4 Planning TOOLS for Energy Development Photo:
5 1. Preparing your organization Integrate NGTF with government Assign municipal staff roles and consider new responsibilities Photo:
6 2. Baseline profiles Identify historical and current data Track and project gas activity Map, track, and project impacts Resources: ysis-greenplan.pdf Photo:
7 3. Planning documents Identify the: CEAs, future economic development areas, sensitive tourism destinations, underutilized commercial industrial properties, school districts/ bus routes Adopt/ update comp plan Identify vacant/ occupied housing stock Identify major stakeholders (including gas industry reps.) Identify local government costs & services Photo:
8 Planning resources New York State Energy Plan Garfield County Comprehensive Plan Zoning & the Comprehensive Plan Centre Township Comprehensive Plan 2010, Phase 2 Centre County Inventory of Underutilized Commercial/ Industrial Properties Photo:
9 Planning resources Site Development Plan Review Law w.pdf Local Government Technical Series Critical Environmental Areas (CEAs) Model Critical Environmental Overlay Zone model_cea_overlay_zoning.pdf Zoning language to prohibit or allow gas extraction in specified districts
10 Planning resources Educational Resources Cornell Cooperative Extension: natural gas development es/default.aspx Penn State University: natural gas Green Choices: how to benefit the climate and your community Educational Webinars (related to natural gas development): es/cornellsponsoredwebinars.aspx
11 Planning resources Additional Educational Resources State resources New York State Legislative activity Land of the Law blog
12 4. Municipal regulations Update/ adopt: Erosion, sedimentation, & stormwater regulations Floodplain protection laws Illicit discharge laws Wellhead protection laws Aquifer protection ordinance Brine/ waste disposal regulations Road use agreement (RUA) Viewshed regulations Site plan review law LEED certification, green building designs, & renewable energy initiatives Photo:
13 Municipal regulations Review commercial/ industrial water & sewer rates Review room tax, local taxes, and definitions Review/ adopt regulations on short-term temporary employee housing regulations Review/ adopt camping regulations Review mobile home court/ RV ordinance Consider life cycle analysis for proposed subdivisions Create/ partner with a housing trust for renter/ owner controls Photo:
14 Municipal resources Update/ adopt erosion, sedimentation, and stormwater regulations Update/ adopt floodplain regulations (Word download) Adopt aquifer protection regulations (Word download) Adopt wellhead protection regulations (Word download) Management your private water supply %20Testing%20Guidance.pdf Adopt LEED certification and green building design regulations Photo:
15 Municipal resources Adopt renewable energy initiatives Adopt/ update road use agreement (RUA) regulations Review room tax, taxes system, and definitions (following three links will take a few moments to open) Review/ adopt regulations on short-term temporary employee housing regulations (see Article 4-106, & or our land use code for more details) Photo:
16 Municipal resources Review/ adopt camping regulations (see temporary Shelter and associated definitions, search tip: Ctrl+f and search for camp/ camping related references for more information) %20Adopted% %20Amended% %20Effective% pdf#search='incentive' Adopt viewshield regulations, inventory & map Create/ partner with a housing trust for rent/ owner controls Review/ adopt site plan review law %20Adopted% %20Amended% %20Effective% pdf#search='incentive (search tip: Ctrl+f and search for site plan related references for more information) Photo:
17 5. Zoning codes Review/ adopt: light ordinance & noise ordinance Industry terminology/ zoning definitions & uses incentive overlay zoning agricultural zoning ordinance plan unit development (PUD) zoning zoning districts in urban/ business center to permit dense mixed-use Consider amending zoning language to prohibit or allow gas extraction in specified districts Photo:
18 Zoning resources Adopt light ordinance & noise ordinance (Word download) Industry terminology & municipal definitions nt%20navigation%20guide%20.pdf Adopt incentive overlay zoning Amend zoning district in urban business center to permit dense mixed-use Amend zoning language to prohibit or allow gas extraction in specified districts (see towns of Dryden, Ithaca, & Ulysses regulations under development) Photo:
19 Different approaches Tompkins County prohibit or limit gas extraction to specified districts Chemung, Schuyler, & Steuben Counties regulate the secondary effects of energy development Photo:
20 Leased Land in Tompkins County 39% of the land in Tompkins County is leased, by 6% of the adult, non-student residents of the County Image:
21 What s in the pipeline Finger Lakes Region: Tompkins County Established website Meet monthly with 4 active work groups Report back to COG Developed land use guides: Air quality; Steps for CEAs; High Impact Industrial Use Developing Road Protection Strategy (RUA and RUR) Developed build-out maps & analysis; public presentations Analyzing assessment & land values issues Drafted zoning amendment in Danby Aquifer Protection Overlay Proposed zoning amendments in towns of Dryden, Ithaca, and Ulysses Photo:
22
23 What s in the pipeline Southern Tier Central Region: Steuben County Established a website Hold multiple monthly public meetings Completed memorandum reviewing the Thirty Day Limit on Occupancy Tax or room tax Completed road maintenance agreement (RUA) Completed radioactive study, Marcellus Shale Evaluation, on drill cuttings risk to county landfill Passed a housing resolution Amended site plan review law Held educational forums for town supervisors, public safety officers, & planning boards officials Proposed meeting with owners of camping/ RV parks on possible impacts by natural gas workforce Photo:
24 What s in the pipeline Southern Tier Central Region: Schuyler County Established a website Released informational guidance sheet, Managing your Private Water Supply Related to Natural Gas Development in Schuyler County (July 2011) Hosting a task force intern for the summer 2011 Surveying task force members & municipal officials to create a focused, concise resource binder/ resource suite Proposed work with the Schuyler County EMC on providing comments on the revised Supplemental Generic Environmental Impact Statement (SGEIS) for high-volume hydraulic fracturing Most towns have either signed on with Delta Engineers for assistance with road assessment and RUAs or are working with other engineering firms to accomplish similar services Photo:
25 What s in the pipeline Southern Tier Central Region: Chemung County Established a website Pass official recommendation advising towns to enter a road analysis study (w/ Delta Engineering) Trained a deputy to enforce truck/ vehicle regulations Firefighters have been receiving training specific to gas well emergencies Task force members attended workshops, panel discussions, & information sessions for the past couple year EMC in conjunction w/ Elmira College has conducted a water quality baseline study for methane & a few other related elements Met with Casella for information on the safety of the drill cuttings & related topics Photo:
26 What s in the pipeline Regional efforts Drafting Municipal Guide for Energy Development (contains resources for planning boards, comprehensive plans, site plan review, subdivision, and zoning regulations joint effort between STC Planning and Chemung, Steuben, and Schuyler s Planning Departments) Completed a tourism study, Natural Gas Drilling in the Marcellus Shale: potential impacts on the tourism economy of the Southern Tier Participated in a regional study, Economic Implications of Marcellus Shale Natural Gas Development Understanding Potential Impacts on Tourism, Agriculture and Housing Drafted Planning Tools for Energy Development checklist (joint efforts between Tompkins County Planning Department & STC Planning) Photo:
27 Thank you Darby Kiley, Planner, Tompkins County Planning Dept tompkins-co.org/planning/ Meghan Thoreau, Planner, Southern Tier Central Planning stcplanning.org Photo:
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