[Added 7-26-2011 by Ord. No. 1240]
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:
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.
The Borough of Ambridge.
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.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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.
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.
The process of injecting water, customized fluids, sand,
steam or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
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.
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.
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.
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.
The person designated as the well operator on the permit
application or well registration.
A person who owns, manages, leases, controls or possesses
an oil or gas well.
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.
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.
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.
A.
This article applies to all oil and gas well sites, natural gas compressor
stations, and natural gas processing plants that will be permitted
or constructed after the effective date of the article.
B.
Oil and gas well sites, natural gas compressor stations, and natural
gas processing plants that were permitted or constructed prior to
the adoption of this article shall not be required to meet the requirements
of this article, provided that any modification to an existing or
permitted oil or gas well site that occurs after the effective date
of this article and materially alters the size, type, location, number
of wells and other accessory equipment or structures or any physical
modifications to an existing natural gas compressor station or natural
gas processing plant shall require compliance with and a permit under
this article.
C.
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statute or regulation. The Borough
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
A.
No oil or gas well site, natural gas compressor station, or natural
gas processing plant or an addition to an existing oil or gas well
site, natural gas compressor station, or natural gas processing plant
shall be constructed or located within Ambridge Borough unless a permit
has been issued by the Borough to the owner or operator approving
the construction or preparation of the site for oil or gas development
or construction of natural gas compressor stations or natural gas
processing plants.
B.
The permit application, or amended permit application, shall be accompanied
by a fee as established by resolution.
C.
Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, number of wells or accessory
equipment or structures or any modification to an existing natural
gas compressor station or natural gas processing plant shall require
a modification of the permit under this article. Like-kind replacements
shall not require a permit modification.
D.
If development and/or drilling have not been commenced within one
year after the approval of the permit application, the permit is automatically
rescinded. An extension may be granted by the members of Borough Council
for a maximum of one year upon written request by the applicant, prior
to the expiration of the original one-year period and subject to the
finding that the plan is still in compliance with all standards.
A.
Purpose. Before submitting an application, the applicant is strongly
encouraged to meet with the Borough staff to determine the requirements
of and the procedural steps and timing of the application. The intent
of this process is for the applicant to obtain necessary information
and guidance from the Borough staff before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
B.
Process. A preapplication conference shall not be deemed the beginning
of the time period for review as prescribed by law. The preapplication
conferences are intended for the benefit of the applicant in order
to address the required permit submittals and are advisory only and
shall not bind the Borough to approve any application for a permit
or to act within any time limit relative to the date of such conference.
A.
The applicant shall provide to the Borough at the time of permit
application:
(1)
A narrative describing an overview of the project, including
the number of acres to be involved, the number of wells to be drilled,
and the location and number and description of equipment and structures,
to the extent known.
(2)
A narrative describing an overview of the project as it relates
to natural gas compressor stations or natural gas processing plants.
(3)
The address of the oil or gas well site, natural gas compressor
station or natural gas processing plant, as determined by the Borough
or county for the purpose of informing emergency responders.
(4)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site shall
be provided to the Borough and all emergency responders. Such information
shall include a phone number where such individual or individuals
can be contacted 24 hours per day, 365 days a year. Annually, or upon
any change of relevant circumstances, the applicant shall update such
information and provide it to the Borough and all emergency providers.
(5)
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and any post-construction surface
disturbance in relation to natural and other surroundings. Included
in this map shall be an area within the development site for the location
and parking of vehicles and equipment used in the transportation of
personnel and/or development and use of the site. Such location shall
be configured to allow the normal flow of traffic on public streets
to be undisturbed.
(6)
A location map of the natural gas compressor station or natural
gas processing plant, including any equipment and structures and all
permanent improvements to the site.
(7)
A certification or evidence satisfactory to the municipality
that, prior to the commencement of any activity at the oil or gas
well site, the applicant shall have accepted and complied with any
applicable bonding and permitting requirements.
(8)
A description of and commitment to maintain safeguards that shall be taken by the applicant to ensure that Borough streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage, with guaranties that meet the requirements of § 310-133 of this article.
(9)
Verification that a copy of the operation's preparedness,
prevention and contingency plan has been provided to the Borough and
all emergency responders.
(10)
A statement that the applicant, upon changes occurring to the
operation's preparedness, prevention and contingency plan, as
defined in the Department's "Guidelines for the Development and
Implementation of Environmental Emergency Response Plan," or the most
recent applicable guideline, will provide to the Borough and all emergency
responders a revised copy marked with the revision date of the preparedness,
prevention and contingency plan while drilling activities are taking
place at the oil or gas well site.
(11)
Assurance that, at least 30 days prior to drilling, the applicant
shall provide an appropriate site orientation and training course
of the preparedness, prevention and contingency plan for all emergency
responders. The cost and expense of the orientation and training shall
be the sole responsibility of the applicant. The applicant shall not
be required to hold more than one site orientation and training course
annually under this section.
(12)
A copy of the documents submitted to the DEP and a community and environmental impact analysis meeting the requirements set forth in § 310-127 of this article.
(13)
A copy of all permits and plans from appropriate regulatory
agencies or authorities issued in accordance to environmental requirements.
(14)
A copy of all permits and plans from the appropriate regulatory
agencies or authorities issued in accordance with applicable laws
and regulations for the proposed use.
(15)
A traffic impact study and roadway maintenance and repair agreement meeting the requirements set forth in § 310-130 of this article.
(16)
Assurance that, before drilling, information shall be provided to residents per the requirements in § 310-129 of this article.
(17)
Certification that a private freshwater well testing will be completed in compliance with § 310-131 of this article.
(18)
A water withdrawal plan identifying the source of the water,
how many gallons will be used and withdrawn each day, the origination
of the water, proposed truck routes, and all permits issued by the
commonwealth or any other governmental body. The site for the treatment
and disposal of the water shall also be identified.
B.
Within 15 business days after receipt of a permit application and
the required fee, the Borough will determine whether the application
is complete and adequate and advise the applicant accordingly.
C.
If the application is complete and fulfills the requirements of this
article, the Borough shall issue or deny a permit within 60 days following
the date the complete application was submitted.
D.
If the application is incomplete and/or inadequate, the Borough will
notify the applicant of the missing or inadequate material and, upon
receiving said material, issue or deny the permit within 60 days following
receipt.
A.
An environmental impact analysis statement shall be submitted to
the Borough prior to approval of any application and shall be drafted
by an independent environmental engineering consultant whose credentials
are acceptable to the Borough and whose fee is paid by the applicant.
The purpose of the statement is to determine the impact of the project
on the environment of the existing site and the resultant changes
the proposal will have on the immediate site and surrounding area.
This information will allow the Borough to make more informed decisions
relating to the proposed action. At a minimum, the statement shall
provide the following information:
(1)
A description of the proposed development, its purpose, a schedule
of construction and length of operation and its interrelationship
with other oil and gas developments within the Borough. This information
and technical data must be sufficient to allow a thorough assessment
of the proposed development or related operation's environmental
impact.
(2)
A comprehensive description of baseline environmental conditions
identified before any activities associated with the development.
(3)
A description of the environmental impacts of the proposed development
both during and after complete build out of the proposed development.
This description should focus both on the environmental details most
likely to be affected by the development proposal and on the broader
regional aspects of the environment impacts, including ecological
interrelationships. These impacts shall be defined as direct or indirect
changes in the existing environment and as either beneficial or detrimental.
Whenever possible, these impacts should be quantified. This discussion
should include the impact not only upon the natural environment but
upon land use as well.
(4)
Provide separate discussion for such potential impacts as man-caused
accidents and natural catastrophes and their probabilities and risks,
with supporting statistics developed by an analysis of similar development
or related operations in similar locations.
(5)
A discussion of measures which are required to or may enhance,
protect or mitigate impacts upon the environment, including any associated
research or monitoring. Include sufficient documentation and supporting
material to demonstrate that the proposed measures will function as
expected.
(6)
A discussion of the unavoidable adverse impacts described in Subsection A(3) and (4) — both the short-term impacts (i.e., those occurring during build out of the development and the oil or gas well site) and the long-term impacts, and the cumulative impacts to the environment. Particular attention should be paid to the development's relationship to trends of similar developments (i.e., cumulative noise degradation posed by similar developments).
(7)
Hydrologic analysis and information, including, but not limited
to, a description, inventory, analysis and evaluation of the existing
groundwater conditions. This analysis must be focused in terms of
both surface water and groundwater quality and quantity; a discussion
of likely and possible changes to these resources; and a discussion
of measures to reduce or mitigate the identified impacts. Included
here should be a mention of those Borough residents located within
2,000 feet of the proposed development who depend on well water.
B.
The express standards and conditions referenced herein shall also be addressed and submitted with the applicant's application. An escrow account for the review by professional consultants shall be established by the applicant in the amount of $25,000. The escrow account shall be immediately replenished in full by the applicant if the balance of the account reaches $10,000. The escrow account shall be maintained following final approval of the application to provide for inspections in accordance with § 310-128 herein.
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.
A.
The operator shall provide a traffic impact study or description
of the plan for transportation and delivery of equipment, machinery,
water, chemicals, products, materials, water products and other items
that may be utilized or produced in the siting, drilling, stimulating,
completion, alteration and operation of the development. Such description
shall include the following.
(1)
A map showing the planned vehicular access route to the development,
indicating all private access roads, all state, county and local roads,
bridges and other transportation infrastructure that may be used,
and the type, weight, number of trucks, and delivery schedule necessary
to support each phase of the development.
(2)
A list of all trucking contractors or employees of the operator
who will travel to and from the development site with evidence of
required registrations, licenses and insurance coverage.
(3)
The proposed routes must be designed to ensure adequate capacity
for existing and projected traffic volumes, allow for efficient movement
of traffic, including appropriate turning radii and transition grade,
and minimize hazards to users of public roads as well as adjacent
property and human activity.
(4)
Whenever possible, a development site should have vehicle access
from a collector street.
(5)
Use of streets serving exclusively residential neighborhoods
is prohibited.
(6)
The Borough reserves the right to designate alternate routes
in the event the applicant's proposed routes are deemed inadequate,
unsafe or overly disruptive to normal vehicular traffic by the Borough
Engineer.
(7)
The Borough also reserves the right to reduce speed limits on
areas of roads especially dangerous for trucks hauling hazardous materials.
B.
The operator of the development shall execute a roadway maintenance
and repair agreement with the Borough and post a bond at the paved
highway rate in favor of the Borough and in a form acceptable to the
Borough prior to beginning any work on a drill site.
C.
The roadway maintenance and repair agreement shall require the owner
or operator to conduct an inventory, analysis and evaluation of existing
conditions on Borough roads along the proposed transportation route,
including photography, video and core boring as determined to be necessary
by the Borough Engineer. The roadway maintenance and repair agreement
will identify the responsibilities of the operator to prepare, maintain
and repair Borough roads before, during and immediately after drilling
operations associated with the oil and gas development. The operator
shall take all necessary corrective action and measures as directed
by the Borough pursuant to the agreement.
D.
Beginning with its intersection with a public street, any access
road for the development site shall be improved with limestone or
other material for 200 feet and be provided with french drains or
other necessary improvements, such that no water, sediment or debris
will be carried onto any public street. If any substantial amount
of mud, dirt or other debris is carried onto public or private rights-of-way
from the development site, the operator shall immediately clean the
roads and implement a remedial plan as directed by the Borough to
keep the roads continuously clean.
E.
All-weather access roads suitable to handle emergency equipment shall
be provided to within 50 feet of any structure, improvement or activity
area.
F.
Operator shall take necessary safeguards to ensure appropriate dust
control measures are in place.
G.
All applicable permits or approvals must be obtained, including access
or driveway permits to commonwealth, county or Borough roads, construction
permits within state, county or township roads, and permits for overweight
or oversize loads. Access directly to state roads shall require PennDOT
highway occupancy permit for overweight vehicles. The Borough shall
be provided a copy of this and all other applicable permits or approvals.
H.
Any off-street area within the development site for vehicles to stand
while gaining access to and from the development site shall be provided
so that the normal flow of traffic on the public street is undisturbed.
Ingress and egress points for all public and private driveways or
roadways shall be located and improved in order to meet Title 67 Pennsylvania
Code Chapter 441, "Access to and Occupancy of Highways by Driveway
and Local Roads," and PennDOT Design Manual 2.
I.
The operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with the development, the operator
will provide flagmen to ensure the public safety and include adequate
signs and/or other warning measures for truck traffic and vehicular
traffic.
A.
The operator of a well shall provide the Borough with the results
of a predrilling and post-drilling water analysis and flow rate for
each existing freshwater well within 2,000 feet of the well site.
The tests shall conform to the following requirements:
(1)
Water samples must be collected and analyzed utilizing proper
sampling and laboratory protocol from an independent DEP certified
water testing laboratory.
(2)
Well samples shall be analyzed prior to any drilling activity
to document baseline water quality data of the well.
(3)
A post-drilling sample analysis shall be submitted for water
quality testing by the operator within three months after drilling
is completed.
(4)
Parameters to be tested for include, but are not limited to,
methane, chloride, sodium, TDS, pH, arsenic, barium and strontium,
and a subgroup of the volatile organic chemicals (VOCs) called BTEX
(benzene, toluene, etc.).
B.
If it is found that a freshwater well is no longer in use and without
possibility of future use or if the freshwater well owner objects
to having the well water tested, the owner of the freshwater well
may waive the right to have the operator test the water. In such instance,
the owner must execute an agreement releasing and holding harmless
the Borough, its officers and its employees from any damages.
C.
If the results of the predrilling and post-drilling sample analyses
indicate well water contamination, the owner of the well should file
a complaint with the regional DEP Bureau of Oil and Gas office.
B.
Structure height.
(1)
Permanent structures associated with an oil and gas site, both
principal and accessory, shall comply with the height regulations
for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor
stations or natural gas processing plants shall comply with the height
regulations for the zoning district in which the natural gas compressor
station or natural gas processing plant is located.
(3)
There shall be an exemption to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well.
(a)
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
(b)
The time period of such drilling and exemption shall not exceed
six months.
(c)
The operator shall give the Borough prior written notice of
the beginning date for its exercise of the exemption.
C.
Setbacks.
(1)
Drilling rigs shall be located a minimum setback distance of
1.5 times their height from any property line, public or private street,
or building not related to the drilling operations on either the same
lot or an adjacent lot.
(2)
The drilling pad for the oil or gas well site shall comply with
all setback and buffer requirements of the zoning district in which
the oil or gas well site is located.
(3)
Natural gas compressor stations or natural gas processing plants
shall comply with all setback and buffer requirements of the zoning
district in which the natural gas compressor station or natural gas
processing plant is located.
(4)
Exemption from the standards established in this subsection
may be granted by the Borough upon a showing by the operator that
it is not feasible to meet the setback requirements from surface tract
property lines and that adequate safeguards have or will be provided
to justify the exemption.
(5)
Drilling pads, natural gas compressor stations or natural gas
processing plants shall be set back 200 feet from buildings or sites
registered or eligible for registration on the National Register of
Historic Places or the Pennsylvania Register of Historic Places.
D.
Screening and fencing.
(1)
Security fencing shall not be required at oil or gas well sites
during the initial drilling or redrilling operations as long as manned
twenty-four-hour on-site supervision and security are provided.
(2)
Upon completion of drilling or redrilling, security fencing
consisting of a permanent chain link fence shall be promptly installed
at the oil or gas well site to secure wellheads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the oil or gas well site.
(3)
Security fencing shall be at least six feet in height, equipped
with lockable gates at every access point, and have openings no less
than 12 feet wide.
(4)
Emergency responders shall be given means to access all oil
or gas well sites in case of an emergency.
(5)
Warning signs shall be placed on the fencing surrounding the
oil or gas well site, providing notice of the potential dangers and
the contact information in case of an emergency.
(6)
In construction of oil or gas well sites the natural surroundings
should be considered and attempts made to preserve existing trees
and other native vegetation.
E.
Lighting.
(1)
Lighting at the oil or gas well site or other facilities associated
with oil and gas drilling development, either temporary or permanent,
shall be directed downward and inward toward the activity, to the
extent practicable, so as to minimize the glare on public roads and
nearby buildings within 100 feet of the oil or gas well development.
(2)
Lighting at the oil or gas well site or other facilities associated
with oil and gas drilling shall at no time exceed 0.1 footcandle,
measured at any property line.
(3)
Lighting at a natural gas compressor station or a natural gas
processing plant shall, when practicable, be limited to security lighting.
F.
Noise. The applicant shall take the following steps to minimize,
to the extent possible, noise resulting from the oil or gas well development:
(1)
Prior to drilling of an oil or gas well or the operation of
a natural gas compressor station or a natural gas processing plant,
the applicant shall establish by generally accepted testing procedures
the continuous seventy-two-hour ambient noise level at the nearest
property line of a residence or public building, school, medical,
emergency or other public facility, or 100 feet from the nearest residence
or public building, medical, emergency or other public facilities,
whichever point is closer to the affected residence or public building,
school, medical, emergency or other public facility. In lieu of the
establishment of the ambient noise level by a continuous seventy-two-hour
test, the applicant may assume and use, for the purpose of compliance
with this article, a default ambient noise level of 55 dBA. The sound
level meter used in conducting any evaluation shall meet the American
National Standard Institute's standard for sound meters or an
instrument and associated recording and analyzing equipment which
will provide equivalent data.
(2)
The applicant shall provide the Borough documentation of the
established ambient noise level prior to starting oil or gas drilling
and/or production operations.
(3)
The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in Subsection F(1) by more than:
(a)
Five decibels during drilling activities;
(b)
Ten decibels during hydraulic fracturing operations;
(c)
Five decibels for a gas compressor station or a natural gas
processing plant. (The allowable increase in this subsection shall
not exceed the average ambient noise level for more than 10 minutes
within any one-hour period.)
(4)
Effective sound mitigation devices shall be installed in permanent
facilities to address sound levels that would otherwise exceed the
noise level standards when located near a residence, public building,
school, medical, emergency or other public facilities.
(5)
Exemption from the standards established in this subsection
may be granted by the Borough during the drilling stage or at the
oil or gas well site, or the gas compressor station, or at the natural
gas processing plant for good cause shown and upon written agreement
between the applicant and the Borough.
(6)
Complaints received by the Borough shall be addressed by the
applicant within 24 hours following receipt of notification by continuously
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet
from the complainant's residential or public building, school,
medical, emergency or other public facilities, whichever is closer.
The applicant shall report the findings to the Borough and shall mitigate
the problem to the allowable level if the noise level exceed the allowable
rate.
(7)
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels or have installed mitigation devices
to mitigate sound levels that would otherwise exceed the ambient noise
level standards at residential or public buildings, medical, emergency
or other public facilities.
G.
Hours of operation. Except for emergency operations or initial drilling
and hydraulic fracturing operations, hours of operation at a oil or
gas well site, or other facilities associated with oil and gas drilling
development, are limited to Monday through Friday, 7:00 a.m. to 7:00
p.m. and not permitted on weekends or legal holidays.
H.
Reclamation/restoration of all disturbed areas.
(1)
Reclamation shall be initiated as soon as weather and ground
conditions permit after abandonment of the well or installation of
production equipment, and reclamation shall be completed no more than
nine months after this point.
(2)
Reclamation shall be carried out on all disturbed areas and
achieve the following objectives:
(a)
Final soil profiles shall be designed to equal or reduce soil
erosion potentials over stable pre-operation conditions, and final
land forms shall be stable.
(b)
Preexisting visual character of site shall be restored or enhanced
through planting of local or adaptive vegetation. Invasive species
shall not be considered acceptable.
(c)
Disturbance of soil cover shall be minimized.
I.
Prohibitions.
(1)
No drilling shall be allowed in the floodway designated as such
in the Flood Insurance Study (FIS) and shown on the Federal Emergency
Management Agency (FEMA) maps.
(2)
Oil and gas drilling in the one-hundred-year floodplain is discouraged
but may be permitted by the Borough in its discretion if the following
provisions are met.
(a)
If no other area provides access to the oil or gas deposit,
then oil and gas drilling may be permitted in the floodplain. The
applicant must provide conclusive documentation that no other location
allows access to the oil or gas deposit other then a location within
the floodplain.
(b)
An adequate emergency evacuation plan shall have been produced
by the applicant and filed with the Borough.
(c)
No storage of chemicals shall be permitted within the floodplain.
An exemption from this requirement may be granted by the Borough if
the applicant can show that such storage will not potentially cause
any harm to property, persons or the environment in the case of a
one-hundred-year flood, and further provides security to the Borough
assuring the applicant's ability to remedy any damage or injury
that may occur.
(d)
Only necessary and needed structures will be permitted within
the floodplain.
(e)
All structures within the flood zone shall be designed to withstand
a one-hundred-year storm event.
(f)
An engineer registered in Pennsylvania and qualified to present
such documentation that structures will not cause additional flooding
on adjacent, upstream and/or downstream properties shall provide such
documentation to the Borough.
A.
The applicant shall submit to the Borough a performance bond in the
amount of $250,000 from a surety authorized to do business in the
state. The performance bond shall be valid for a period of two years
from the date that the permit is issued. The bond shall provide, but
not be limited to, the following condition: there shall be recoverable
by the Borough, jointly and severally from the principal and surety,
any and all damages, loss or costs suffered by the Borough in connection
with the applicant's geophysical operations within the Borough.
The bond shall contain the following endorsement: "It is hereby understood
and agreed that this bond may not be canceled by the surety company
until 60 days after receipt by the Borough, by registered mail or
written notice, of such intent to cancel or not to renew." The rights
reserved to the Borough with respect to the bond are in addition to
all other rights of the Borough, and no action, proceeding or exercise
of a right with respect to such bond shall affect any other rights
of the Borough.
B.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Borough
showing the Borough as an additional insured with respect to operations
conducted within the Borough and showing liability insurance covering
commercial, personal injury, and general liability in amounts not
less than $1,000,000 per person, $3,000,000 per occurrence, and $1,000,000
property damage.
C.
The applicant shall protect, indemnify, defend and hold the Borough,
its officers, employees, agents and representatives harmless from
and against all claims, demands and causes of action of every kind
and character for injury to, or death of, any person or persons, damages,
liabilities, losses and/or expenses, occurring or in any way incident
to, arising out of, or in connection with its or its contractors',
agents', or representatives' operations under this permit,
including attorneys' fees and any other costs and expenses incurred
by the Borough in defending against any such claims, demands and causes
of action. Within 30 days of receipt of same, the applicant shall
notify the Borough, in writing, of each claim for injuries to, or
death of, persons or damages or losses to property occurring or in
any way incident to, arising out of, or in connection with its or
its contractors', agents', or representatives' operations
conducted under this permit. At the Borough's discretion, the
Borough may conduct an independent investigation, monitor, and review
the processing of any such claim, to ensure that such claims is handled
as required herein.
D.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
E.
Notwithstanding anything contained herein to the contrary, any permit
granted hereunder shall not be effective unless and until a copy of
the permit, signed by an authorized officer of the applicant, the
performance bond, and the certificates of insurance have been filed
with the Borough Secretary.
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.
