An unacceptable precedent
We have a compromise to suggest, however, if Cochecton declines to consider the CEDC approach and the UDC nevertheless calls its ordinance “substantially conforming.” The UDC could issue two qualifying resolutions at the same time. One would say that Cochecton is only being deemed as conforming in deference to the unsettled state of New York law, and that Pennsylvania towns are still expected to ban heavy industrial uses, including gas drilling, in the corridor. The second would say that, at such time that New York law is clarified to confirm municipalities’ rights to restrict drilling, New York member towns would be expected to amend their ordinances accordingly.
The one thing that cannot be allowed is for any member town to pass an ordinance that makes no effort to keep unconventional drilling out of the corridor, and for the UDC to let it pass, without comment, as an acceptable precedent.