The purpose of this article is to provide for the health, safety
and welfare of the residents of Ambridge Borough, through zoning and
floodplain management provisions for the reasonable development of
land for oil and gas drilling while providing adequate health, safety
and general welfare protections of the Borough's residents. Oil
and gas exploration, drilling and extraction operations involve activities
that are economically important and will impact the Borough. Accordingly,
it is necessary and appropriate to adopt reasonable requirements for
oil and gas resource development so that these resources can be obtained
in a manner that is economically remunerative, and that minimizes
the potential impact on the residents of the Borough.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, owner, operator, partnership, company, corporation
and its subcontractors and agents who has an interest in real estate
for the purpose of exploring or drilling for, producing or transporting
oil or gas.
BUILDING
An occupied structure with walls and roof within which persons
live or customarily work. The term shall not include a barn, shed
or other storage building.
COLLECTOR STREET
A public street or road which, in addition to providing access
to abutting lots, intersects local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
DERRICK
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
DRILLING PAD
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
FRACKING
The process of injecting water, customized fluids, sand,
steam or gas into a gas well under pressure to improve gas recovery.
LOCAL STREET
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration, reclamation and other
activities associated with an oil or gas well of any depth; water
and other fluid storage, impoundment and transportation used for such
activities; the installation and use of all associated equipment,
including tanks, meters and other equipment and structures. whether
permanent or temporary; the site preparation, construction, installation,
maintenance and repair of oil and gas pipelines and associated equipment;
and other equipment and activities associated with the exploration
for, production and transportation of oil and gas. This definition
does not include natural gas compressor stations and natural gas processing
plants or facilities performing the equivalent functions.
OIL OR GAS WELL
A pierced or bored hole drilled or being drilled in the ground
for the purpose of or to be used for producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
OIL OR GAS WELL SITE
The location where facilities, structures, materials and
equipment, whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, production or operation
of an oil or gas well. This definition also includes exploratory wells.
OPERATOR
The person designated as the well operator on the permit
application or well registration.
OWNER
A person who owns, manages, leases, controls or possesses
an oil or gas well.
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such
as ethane, propane, butane and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that are designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
STORAGE WELL
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir for monitoring or observation of reservoir pressure.
Subject to the provisions of this article, an oil or gas well
site or a natural gas compressor station or a natural gas processing
plant or any similar facilities performing the equivalent functions
shall be considered conditional uses within all Zoning Districts in
the Borough.
The Borough may from time to time employ a professional consultant
or consultants.
A. The function of the consultant(s) shall be to advise, counsel, represent
and/or aid the Borough in ensuring compliance with this article and
any other applicable Borough codes on such matters relating to the
oil and gas development within the Borough.
B. During well site development, drilling/fracking operations, and completion/reclamation
activities, the Borough may require the services of an on-site inspector
with proven background and experience in oil and gas development,
whose role will include and not be limited to the following:
(1)
Review of all applications for oil and gas developments.
(2)
Inspection of site during key phases of development.
(3)
Inspection of site upon receipt of a complaint.
(4)
Communication with appropriate Borough personnel if the inspector
believes operator is violating a Borough code not addressed in this
article.
(5)
Authority to request and receive any records, logs, reports
relating to the status or condition of the approved development necessary
to establish and determine compliance with this article and the permit
approval.
(6)
In the event a professional consultant is employed for the purpose
of advising, counseling or representing the Borough relative to ensuring
compliance with this article and the terms of the permit, or relative
to an operator's or owner's particular set of circumstances,
case or request relating to this article, then the cost for such services
of the professional consultant shall be assessed against and paid
for by such operation in addition to any fees or charges assessed
pursuant to this article.
Prior to drilling an oil and gas well or multiple oil and gas
wells at a location, but no later that two weeks prior, the operator
shall provide the following information to each resident within 1,000
feet of the planned surface location of the well(s):
A. A copy of the well survey plat showing the location(s) of the planned
well(s).
B. A general description of the planned operations at the planned well(s)
and associated equipment used in the development of the well(s).
C. The contact information for the operator.
D. The availability of the operator to hold a meeting with such resident
to present operator's plans for the well(s) and to allow for
questions and answer. The meeting(s) shall be held prior to well site
construction.
Any owner, operator or other person who violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Borough a fine of not more than $500 plus all court
costs, including, but not limited to, reasonable attorney's fees,
incurred by the Borough on account of such violation. No penalty or
cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as a judgment by the Borough without
further judicial proceedings. Further, the appropriate officers or
agents of the Borough are hereby authorized to issue a cease and desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond shall be required of the Borough if the
Borough seeks injunctive relief.