OXFORD – The Oxford Village Board of Trustees is now considering three separate options in dealing with the issue of shale gas drilling within the boundaries of the village; a tabled nine-month moratorium, an amendment to zoning ordinances, or a proposal being drafted by Norse Energy.
“The moratorium is still under review and is not dead,” said Mayor Terry Stark. Last week, the village board decided to table the moratorium, allowing time to consider the possible ramifications of a lawsuit, after representatives from the Central New York Landowner’s Coalition (CNYLC) threatened to take legal action against the municipality and trustees, should they pass the measure. The coalition claims a moratorium is unnecessary as the existing village zoning ordinances already prohibit gas drilling.
Mayor Stark said he conferred with village attorney Roger Monaco and pro-bono consulting attorney David Slottje in regards to the possibility of a lawsuit should the town enact a moratorium.
“I believe we would prevail in a lawsuit,” said Stark, citing his confidence in the moratorium’s firm legal standing, as well as a written promise from a lawyer and an unnamed international company to defend the municipality in the advent of legal action. Two other law firms have also given verbal indications of support. Nevertheless, the moratorium will remain tabled for further review.
The second viable option proposed was a clarifying augmentation to the existing zoning ordinances. “The landowners coalition claims their is no public purpose for a moratorium because the zoning ordinances already cover the issue of gas drilling,” said Mayor Stark. “A confirming/clarifying amendment would just confirm what’s already in the zoning ordinance and make it crystal clear.” As it exists, by not mentioning a particular business in the zoning ordinances, it is zoned out. Concern over the vague nature of the village’s zoning ordinances, which theoretically prohibits high-volume hydraulic gas drilling, have arisen from examples of proficient lawyers’ ability to exploit the vague and unspecific wording of legal documents.
The third option in consideration is a proposal being drafted by CNYLC and Norse Energy. Norse Energy, along with CNYLC, and attorneys are drafting a possible operating agreement for the village to work with gas drilling companies, said CNYLC member Bryant LaTourette. According to LaTourette, the CNYLC proposal intends to serve as a guideline which addresses the opportunity of gas drilling, instead of zoning it out. “We, the landowners, have been working on these issues with lawyers for five years now,” said LaTourette.
“I recommend keeping all options on the table,” said Stark during Wednesday’s board of trustees meeting.
With the moratorium tabled and the drilling proponent’s proposal still pending, the board addressed the possible amendment to the zoning ordinance. After deliberations the village board of trustees voted unanimously to hand the proposed zoning ordinance amendment over to the Village of Oxford Planning Board for review. The planning board now has 30 days to evaluate the amendment and obtain legal advice. If the village planning board decides to approve the amendment, it will go be to the board of trustees who will have to hand it over to the Chenango County Planning Board for review, as well as hold a public hearing, in order for it to be passed.