Borough of Leetsdale, PA Oil and Gas Land Use

NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and 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 PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the 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/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.

GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line such as a drip station, vent station, pigging facility, chemical injection station, or transfer pump station,

NATURAL GAS COMPRESSOR STATION

PRODUCTION FACILITYA facility related to the production of gas, which utilizes motors and/or engines.

DRILLING

Digging or boring a new well for the purpose of exploring for, developing or producing gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.

DRILLING EQUIPMENT

The derrick, together with all parts of and appurtenances to such structure every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.

DRIVEWAY

A private vehicular way providing access between a street and a parking area or garage located on a lot.

EXPLORATION

Temporary geologic or geophysical activities, drilling in context with the zoning definition in this article, including seismic surveys, related to the search for natural gas or other subsurface hydrocarbons.

FACILITY

The primary building(s), support structure(s) and associated appurtenances designed, constructed, and maintained to operate a natural gas well pad, compressor station or processing plant.

FACILITY OPERATOR

Any person or entity partnership, company, corporation and its subcontractors and agents who has a desire to install and/or operate a natural gas compressor station.

FACILITY WORK

The construction of, alteration, improvement, upgrade, or expansion to a natural gas compressor station or processing plant that results in an increase of the gross floor area of the primary building and the paved area of the pad area which, in combination, totals 2,000 square feet or more. The term "facility work" shall include the initial construction of the facility but shall not include typical maintenance to or operation of an existing facility. Any construction of, alteration, improvement, upgrade, or expansion to a facility that results in a less than s.f. figure presented shall not be considered facility work.

FLOWBACK

The process of flowing a completed/fractured well for the purpose of recovering water and residual sand from the gas stream prior to sending gas down a sales line.

FRACTURE or FRACTURING

The process of injecting water; sand, customized fracking fluid, steam, or gas into a gas well to allow or to improve gas recovery of a rock formation.

FRESH WATER

Water obtained from a potable water source of the commonwealth such as a hydrant, stream, lake, water well, spring, or other source that has not been treated or utilized in commercial or industrial operations.

FRESHWATER FRACTURE PIT

A pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells.

GAS

Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth, and which maintains a gaseous or rarified state.

GAS WELL

Any well drilled, to be drilled, or used for the intended or actual production of natural gas.

GROUNDWATER

Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Groundwater often supplies wells and springs and is often withdrawn for domestic, agricultural, municipal, industrial, and other beneficial uses.

HAZARDOUS MATERIALS

Any material designated as a hazardous material under the terms and provisions of the Pennsylvania Solid Waste Management Act of 1980[1] and/or any regulations promulgated thereunder by the Pennsylvania Department of Environmental Protection and designated as "hazardous materials."

INJECTION WELL

Any well which aids the placing of fluids underground in porous rock formations like limestone and sandstone, or below in the shallow soil layer.

LAND USE CATEGORY

A category of land use, including residential, commercial, industrial, and public and private education which is shown on a subdivision plat for properties within an approved illustrative site plan which indicates the intended use and establishes the applicable zoning regulations for development of a lot or tract within an approved illustrative site plan.

LANDFILL

Any site licensed by the Pennsylvania Department of Environmental Protection (PA DEP) for the disposal of solid waste, other than hazardous waste, as defined and regulated by federal statute.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the tease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LANDSCAPING PLAN

A plan prepared by a registered architect or a registered landscape architect, identifying each tree and shrub by size, type, and scientific name, indicating balled and burlapped or bare root, and location. The plan shall include a planting diagram and such other diagrams or reports necessary to show the method of planting, staking, and mulching, grass seeding specifications and mixtures and existing trees over 10 inches in diameter at breast height.

LANDSLIDE SUSCEPTIBILITY

Areas of moderate to high susceptibility to landsliding produced by the influence of natural and/or man-made activity.

LIFT COMPRESSOR

A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.

LIGHT MANUFACTURING

The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, water pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.

LINE COMPRESSOR

A device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.

MANUFACTURING

The mechanical or chemical transformation of raw materials or substances into new products or other raw materials, including the assembling of component parts, the manufacturing of products and the blending of materials into finished or semifinished products.

MINERAL REMOVAL

Any extraction of any mineral for sale or other commercial purpose, other than incidental mineral removal, as defined herein, which involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun, or other elements of nature. The term "mineral" includes, but is not limited to, anthracite and bituminous coal, lignite, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral resources, excluding mining activities carried out beneath the surface of the earth by means of shafts, tunnels or other underground mine openings. This definition specifically excludes oil and gas development.

A facility designed and constructed to compress natural gas that originates from an oil and gas well or a collection of such wells operating as a midstream facility for continued delivery of oil and 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 natural gas.

OIL AND GAS DEVELOPMENT

The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and 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, but excluding any structure, facility or use constituting a natural gas compressor station or a natural gas processing plant.

OPERATOR or WELL OPERATOR

Any person or entity, 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. It is also the person or entity designated as the operator on the applicable permit application or well/facility registration.

PERIMETER SETBACK

The distance specified by this article from the entire boundary of a site proposed for a planned residential development, planned commercial development, planned educational campus, planned industrial park, or planned economic development in which no principal or accessory structures are permitted.

PIPELINE

All parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water, or chemicals move in transportation, including but limited to pipe, valves and other appurtenances attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the Borough, including but not limited to gathering lines, production lines and transmission lines. This definition does not include pipelines associated with franchise utilities.

PIPELINE CONSTRUCTION

The initiation of any excavation or other disturbance of property for the purpose of installation, construction, maintenance, repair, replacement, modification, or removal of a pipeline.

PIPELINE OPERATOR

Any person owning, operating or responsible for operating a pipeline.

PIPELINE PERMIT

A permit for the movement of gas, oil, water or other products through pipelines issued by the federal government, state, local or other applicable authority.

PROTECTED STRUCTURE

Any full-time occupied residence, commercial business, school, religious institution or other public building that may be impacted by noise generated from activity associated with oil and gas well development and/or natural gas compressor station or processing plant. This term shall not include any structure:

Owned by a grantor or lessor who has signed an agreement granting surface rights to drill a well and/or erect and maintain a natural gas compressor station or processing plant; or

Whose owner (or occupants) has (have) signed a waiver relieving the operator(s) from implementation of the measures established in this article for the owner's (occupants') benefit.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

REDRILL

Deepening or sidetrack/horizontal drilling of the existing well bore extending more than 150 feet from said well bore.

REWORK

Reentry of existing well within the existing bore hole or by deepening or sidetrack/horizontal operations (which do not extend more than 150 feet horizontally from the existing well bore) or replacement of well liners or casings.

SITE AREA

The total area within the boundary lines of a site proposed for development, expressed in acres or square feet.

SLOPE

The degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.

TRAFFIC IMPACT STUDY

An analysis prepared by a qualified traffic engineer analyzing the expected trip generation from a proposed development using the Institute of Transportation Engineers (ITE) current standards and the impact of the traffic generated by the proposed development on the capacities and levels of service of all streets and intersections in the vicinity of the site.

WATER IMPOUNDMENT, FRESH

A lined depression excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store fresh water.

WATER IMPOUNDMENT, WASTE

A lined depression excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store wastewater fluid, including but not limited to brine, fracturing fluid, produced water, recycled water, impaired water, flowback water, or any other fluid that does not satisfy the definition of "fresh water."

WELL

A bore hole drilled or being drilled for the purpose of or to be used for producing, extracting, or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such.

WELL SITE

A graded pad designed and constructed for the drilling of one or more oil and gas wells.

Editor's Note: See 35 P.S. § 6018.101 et seq.

Application process.

An applicant desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Borough. Before submitting the application, the applicant is encouraged to meet with the Borough Secretary/Manager or his/her designee to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to gather the necessary information and guidance before entering into any commitments or incurring substantial expense with regard to the site or site preparation.

Once submittals have been received, the Borough will send a letter to the applicant notifying them that their application has been received and that the technical review stage has commenced. During the technical review stage, full disclosure of ongoing communications with state, county and federal regulatory authorities is expected. Oil and gas development requires multiple authorizations, so it is essential that the Borough officials be kept apprised of all communications with other reviewing/regulatory agencies. All emails, letters and meeting notes applicable to all discussions an applicant is having with the Department and any other regulatory agency regarding applications and/or approvals should be submitted to the Borough, at the same time those communications are submitted to the Department or Allegheny County officials. Additionally, all responses from the Department, Allegheny County officials and/or any other reviewing agencies should be shared with the Borough, as soon as received by the applicant.

In addition to the general standards and criteria for all conditional uses, an application for any of the following uses which are listed in a zoning district as a conditional use shall comply with the applicable standards and criteria specified below for that use.

Oil or gas wells and injection wells shall comply with the following standards:

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant's authority to occupy the surface for the purpose of mineral extraction. In addition, the application shall include the proposed pipeline route from the oil and gas drill site to the transmission line and how fluids will be brought to and from the site.

Conditional use approval is nontransferable without consent from the Borough Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Borough Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed.

The well site shall maintain a minimum distance from protected structures, as set forth in the table below.

Setback Distances (Minimum) From Protected Structures

(In the Following Districts)

Residential District	Setback Distance (feet)
R-1 Residence	1,000
R-2 Residence	1,000
R-3 Residence	1,000
R-M/R-SC Residence	1,000

Nonresidential District	Setback Distance (feet)
C Commercial	1,900
I Industrial	1,500
S Special District	1,900

Special Uses	Setback Distance (feet)
School	2,800
Wetland greater than 5 acres	1,900
Location holding vehicle fuel	1,500
Day care	1,900
Pond/lake	1,900
Hospital	2,800
Nursing home	2,800

The Borough reserves the right to increase any setback based on physical characteristics of the site and evidence received at a hearing necessitating an increase in the minimum setback, including but not limited to topography, wind conditions, air modeling studies, woodlands, hydrogeological studies, and distance from structures, parks, schools, and residential neighborhoods as part of the conditional use process.

Lesser setback distance.

An applicant may present evidence that supports a lesser setback distance, for consideration by the Borough. The evidence must clearly demonstrate that a lesser setback distance cannot endanger the health and safety of residents, residents in neighboring municipalities, and those who work within the Borough based on a consideration of combustion events, conflagrations, releases into the air, spills, leaks, noise and light emissions, and harm to surface and sub-surface water. Additionally, the evidence must clearly demonstrate that a lesser setback distance cannot harm property in the Borough owned by others, the value of property owned by others, the Borough's taxation base, or contradict the Borough's master plan for development of the Borough. When considering the application, the Borough reserves the right to add additional parameters. Evidence must consider historical events, available studies on the topic, predictive modeling, and demographic trends. The applicant agrees to reimburse the Borough, as part of the application process, for the cost of any professional consultants it deems necessary to consider whether the presented evidence justifies a lesser distance.

Based on the available evidence, the Borough may reduce the setback distance but in no case will it reduce the setback distance to be less that specified in the law of the Commonwealth of Pennsylvania or 1,500 feet, whichever is greater.

Overall acreage.

Oil and gas development well and injection well sites require an overall acreage a minimum of 10 acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum acreage required.

Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, the operator shall locate the temporary and permanent operations so as to minimize interference with Borough residents and future Borough development activities as authorized by the Borough Council. Reference is made to the table above which lists the minimum setback distances to the protected structure.

(g)

Emergency evacuation plan.

An emergency evacuation plan that is acceptable to the Borough shall have been produced by the applicant and filed with the Borough; annual updates may be required by the Borough.

The plan will be called a preparedness, prevention, and contingency (PPC) plan and follow the Department document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, as may be amended, or the most recent applicable guidance document.

The applicant should understand that the Borough deems this plan to be a vital portion of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

(h)

Applicant shall have submitted all necessary applications for permits and plan approvals to the Department at the time of application. Prior to beginning the drilling site construction, the applicant shall submit to the Borough a copy of all permits [general permits, welt permit(s), joint permits, earth disturbance permit, ESCGP-1, etc.] issued by the Department. In addition, the Borough shall be provided copies of all plans (erosion and sedimentation control, grading, water management plant water withdrawal plan, pollution prevention contingency, alternate waste disposal, etc.) required and approved by the Department. The Borough Engineer shall be provided with a timeline and activity schedule, and all required permits shall be maintained, commencing at site construction, and continuing throughout the duration of drilling and production testing (hydraulic fracturing) operations. Any suspension or revocation of permits or other penalties by the Department shall be reported to the Borough within two business days and shall constitute a violation of Borough approval and may result in the suspension of approval.

(i)

Predrilling, post-hydraulic fracturing, and baseline water survey requirements. Prior to drilling and post-hydraulic fracturing, the operator shall be responsible for testing all existing water supplies (surface and groundwater) within 1,500 feet of the surface location of the well. The purpose of testing is to determine the baseline quality and quantity of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate resultant changes that may occur or have an impact on the water supply of the site and surrounding area. If a landowner refuses to allow the operator access to conduct a survey, the operator shall show evidence of such refusal in accordance with 25 Pa. Code § 78.52(f). In addition, prior to drilling, the operator will be required to drill a test well outside of the limits of the well pad, but no more than 750 feet from the well location to a depth that intersects all known or viable aquifers for the purposes of obtaining a baseline assessment of water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill site. All testing shall adhere to the following:

Predrilling testing results, both from existing water supplies and from the operator drilled test well, shall be submitted as part of the conditional use application.

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

The post-hydraulic fracturing test results, both from existing water supplies and from the operator-drilled test well, shall be submitted to the Borough, the Department, and residents within 1,500 feet of the surface location of the well in accordance with 25 Pa. Code § 78.52, Predrilling or pre-alteration survey, within 10 days of their receipt.

The operator shall be responsible for all costs associated with drilling and testing and testing shall be done by an independent, state-certified water testing laboratory agreed upon by the Borough.

Water quantity test. The operator shall hire a consultant (hydrogeologist) agreed upon by the Borough to conduct water quantity testing. The consultant shall submit a pretesting and a predrilling plan to be approved by the Borough. The consultant shall test for gallons per minute (gpm) flow rates, yield, groundwater levels, and other pertinent information for all viable aquifer zones via draw down tests or other suitable means. The consultant shall measure and record flow rates in gallons per minute (gpm) for all surface water sources. Groundwater levels and other pertinent information via draw down tests or other suitable means shall be measured from all available wells. Also, GPS coordinate information shall be recorded for all surface water and groundwater sites. The results shall be certified by the hydrologist.

Water quality test. Operators shall test for the following list of parameters for all surface water and groundwater. The list is not exhaustive, and the Borough reserves the right to add additional parameters.

Analyte Inorganic	Trace Metal	Organic	Microbiology	Other
Alkalinity	Barium	Ethane	Total Coliform/E. Coli	Volatile organic compounds
Chloride	Calcium	Methane		Detergent (MBAs)
Conductivity	Iron	Propane		Total organic carbon
Hardness	Magnesium	Total petroleum hydrocarbons		Nitrate
Oil/grease/bormide	Manganese			Radionuclides gross alpha, radium
Ph Sulfate	Potassium Sodium			Radon
				Lead

(j)

Predrilling and post-hydraulic fracturing soil survey requirements. Prior to drilling and post hydraulic fracturing, the operator shall be responsible for testing soil conditions within the area of the drill site but no greater than 500 feet from the surface location of the well. The purpose of testing is to determine the baseline soil conditions in the immediate vicinity of the proposed well site and evaluate resultant changes that may occur or have an impact on the soils of the site and surrounding area.

Predrilling testing results shall be submitted as part of the conditional use application.

The results shall be submitted to the Borough and Department within 10 days of their receipt.

The operator shall be responsible for all costs associated with sample collection and testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.

Operators shall test for the following list of parameters for soils. The list is not exhaustive, and the Borough reserves the right to add additional parameters:

Analyte	Trace Metal	Microbiology	Other
Inorganic	Barium	Total coliform/E. Coli	Volatile organic compounds
Alkalinity	Calcium		Nitrate
Chloride	Iron		Radionuclides gross alpha, radium
Hardness	Magnesium		Lead
Oil/grease/bromide	Manganese
Ph	Potassium
Sulfate	Sodium
Residue: Filterable	Strontium
Residue: Nonfilterable	Arsenic
Bromide	Zinc
	Aluminum
	Lithium
	Selenium
	Boron

(k)

Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Borough shall be provided a copy of the highway occupancy permit.

(l)

The applicant must provide the Borough with a plan showing the proposed truck routes to be utilized during the drilling operation, The proposed hauling routes must be designed to minimize the impact on Borough roads. The Borough reserves the right to designate reasonable required truck hauling routes consistent with the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation throughout the Borough. The Borough shall consider all potential routes and, when possible, designate routes that are the least intrusive to the Borough, its operation, and the general public. When determining the least intrusive routes, the Borough shall account for roadway jurisdiction, traffic, physical characteristics/conditions, location of school bus stops/routes, and the number of residential units along potential routes. Routes shall be coordinated with the school district to minimize impact on peak school bus operation hours. Operators shall be responsible for clearly posting designated routes with identification signs in a manner (style and location) approved by the Borough.

(m)

The applicant or owner of the oil or gas well shall execute an excess maintenance agreement with the Borough for a Type 2 permit as per the Pennsylvania Code Chapter 189.4(B), Road Bonding, and post a bond at the paved highway rate in favor of the Borough in a form acceptable to the Borough prior to beginning any work on a drill site. The bond is to guarantee restoration of Borough roads and bridges damaged as a result of hauling associated with the drilling operation.

(n)

Standing area.

An off-street area, at the entrance to the drill site and outside of the road right-of-way, shall be provided for vehicles to stand while gaining access so that normal flow of traffic on the public street is undisturbed. Driveways accessing the drill site shall be paved with an impervious material from the public street cartway 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation. The first 50 feet from existing edge of pavement extending 50 feet into the site shall consist of the following material:

Compacted subgrade.

PADOT Class 4 geotextile fabric.

Eight-inch AASHTO No. 1 crushed aggregate base course.

Two-inch PADOT 2A aggregate (choke material).

[e]

Four-inch (compacted) Superpave 25 mm binder course.

The remainder of the driveway to the well pad shall be constructed with the following material:

Compacted subgrade.

Eight-inch AASHTO No. 1 crushed aggregate base course.

Two-inch PADOT 2A aggregate (choke material).

Proper and adequate stormwater runoff controls for driveways shall be installed to prevent concentration of runoff onto other properties or public streets and comply with relevant Borough ordinances.

(o)

The applicant/owner shall provide the Leetsdale Fire Department with a copy of the Department-approved preparedness, prevention and contingency (PPC) plan. Applicant shall, prior to drilling its first gas well in the Borough, make available with at least 30 days' notice, at the applicant's sole expense, one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at approved drill sites.

(p)

The Borough and emergency management services shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours/day. Also, a list of contact information for all subcontractors associated with the oil and gas drilling operations must be provided. The list shall include verification that all supervisors/operators and subcontractors at the drill site are aware and understand this subsection.

(q)

The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. In lieu of a gate, the operator can provide 24 hours/seven days a week security on sites during the drilling operation.

(r)

At the time of application, a plan must be provided so that no lighting used for or associated with the proposed land use shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property, or property in the general vicinity of the drill site. Site lighting shall be designed to be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero footcandle at the property line. Failure to implement or maintain the planned lighting design is a violation of the conditional use allowed by the Borough.

(s)

At the time of application, a plan must be provided to demonstrate how the operation will be conducted in such a manner to minimize dust, vibration or noxious odors. It should be shown how all equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity. It will also be explained how the site and structures thereon will be maintained to so not to become dilapidated, unsightly, or unsafe for the community. Failure to implement or maintain the plan is a violation of the conditional use allowed by the Borough.

(t)

The Borough may require acoustical blankets, sound walls, mufflers or alternative methods proposed by the operator be included in the design to ensure compliance, depending on the location of the proposed drill site to adjacent properties.

To enable the Borough's decision, as part of the conditional use application, and prior to beginning the drill operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

The Borough's decision to require sound mitigation, shall be based on the noise expected to be generated from the proposed land use, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise level at that point shall not exceed a measured ambient noise level as determined by the seventy-two-hour evaluation.

During drilling activities may not exceed 10 decibels above the measured ambient noise level during the hours of 7:00 a.m. to 6:00 p.m. The measured ambient noise is defined as:

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

If the frequency distribution of noise does not a Normal Gaussian Distribution, then the measured ambient noise shall at the discretion of the Borough, be taken as the 25th percentile of the noise distribution or the average of the noise when outliers are removed, so as to create a Normal Gaussian Distribution.

During drilling activities may not exceed five decibels above the measured ambient noise during the hours of 6:00 p.m. to 7:00 a.m. The measured ambient noise is defined as:

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

If the frequency distribution of noise does not a Normal Gaussian Distribution, then the measured ambient noise shall, at the discretion of the Borough, be taken as the 25th percentile of the noise distribution or the average of the noise when outliers are removed, so as to create a Normal Gaussian Distribution.

The Borough recognizes that fluctuations in noise levels are inherent to mineral extraction activities and therefore its decision to require noise mitigation will accommodate a sliding scale which provides adjustments to the permitted level of noise generated during operations to create flexibility in the regulations and prevent repeated violations. Drilling activities are permitted to generate noise 10 decibels higher than the measured ambient noise levels and the adjustments are in addition to that sound level. Adjustments to the preceding noise limits may only occur during the hours of 7:00 a.m. to 6:00 p.m. and are as follows:

Permitted Increase (dBA)	Duration of Increase (minutes)
0 to 5	15
6 to 10	5
11 to 15	3
16 to 20	1
Greater than 20	0

Note: The maximum cumulative time that the permitted increases in dBA may occur in one hour may not exceed 15 minutes. For instance, an operator shall not be permitted to allow a 10 dBA increase for five minutes and then a five dBA increase for 15 minutes, within the same hour. If 10 dBA are reached for five minutes, then five dBA may only occur for 10 minutes.

As part of the application, the applicant agrees that deviations of the noise levels from those expected in the conditional use application require noise abatement measures to be implemented within one week unless a longer period is allowed by the Borough.

The applicant shall install and maintain permanent outdoor microphone units that can reliably measure the noise associated with the proposed land use so that deviations can be monitored. The units must be able withstand the rigors of outdoor conditions and be free of the effects of temperature, humidity, snow, rain, and air pollution. Data coming from the permanent outdoor microphone units must be made directly available to the Borough at the same time as it is directly provided to the operator.

The applicant also agrees to be subject to any penalties for violations as defined by this article.

[9]

Complaints.

The applicant agrees that if a complaint is received by any person using a protected structure for a lawful purpose within a reasonable vicinity of a drill site regarding noise generated during drilling and hydraulic fracturing activities, the Borough will conduct a sound test to confirm that a viable complaint exists. This test shall be at the applicant's expense. Upon confirmation by the Borough that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

[i]

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

[ii]

One hundred feet from the protected structure, whichever is closer.

If the operator engages in any noise testing as required by this subsection, it will provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Borough representatives and affected residents to discuss whether possible noise abatement measures are required; based on whether the permitted levels set herein were exceeded. The applicant shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

The Borough reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint. This investigation would supersede any results provided by the operator.

[10]

Except for emergency operations or initial drilling and hydraulic fracturing operations, hours of operation at an 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.

(u)

At the time of application, a survey of the drill site showing the general area where associated gas production equipment (tanks or other surface installations) will be located and locations and distances to property lines shall be filed with the application. All sensitive natural features, including but not limited to waterways, wetlands, steep slopes, and floodplains, including those 100 feet outside the limits of disturbance, as defined on the approved Department erosion and sedimentation plan, must also be shown.

(v)

Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide the following information to each resident within 1,500 feet of the planned surface location of the well(s).

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);

Operators shall test all water supplies within 1,500 feet of each well site and share the results with landowners and the Borough;

The contact information of the operator; and

The availability of the operator to hold a meeting with such residents to present the operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.

(w)

Any on-site associated gas production equipment (wellhead, separator, condensate tanks, and pipeline) shall be painted an earth tone color to blend in with the surrounding area. An earth tone color shall be neutral colors and include sand, gray, green and unobtrusive shades of brown, or other neutral colors, as approved by the Borough.

(x)

The Borough may, at its sole discretion, require permanent fencing and/or landscaping to buffer the post-drilling facilities or gas production equipment from adjacent properties.

(y)

Any damage to public property caused by such operations must be repaired and restored within 60 days of completing the drilling operation or as agreed to by the Borough. The repairs shall meet or exceed prior conditions. If repairs are not completed within such time, the applicant shall provide the Borough with such financial security necessary to ensure that the work be completed in an amount of not more than 110% of the total cost of the work.

(z)

After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the Borough, the Borough Fire Chief and the Department's inspectors all waste materials from any public or private property affected by such spill, leak, or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak or malfunction occurs, and the Borough alerted to any spills, leaks, or malfunctions. Such notification shall occur via the published twenty-four-hour emergency number adopted by the Borough for public safety responses, i.e., 911.

(aa)

The public street entrance at the property on which a drill site is located shall at all times be kept free of mud, trash or other waste materials.

(bb)

The facility and/or its operation shall comply with all applicable permits and requirements of the Department, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the drill site operations will not violate the Borough citizens' right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety or welfare of the Borough's citizens or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

(cc)

The applicant or drill site operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossings and/or adjacent to roadways during periods of anticipated heavy or frequent truck traffic to and from the drill site. Flagmen shall be present and used to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.

(dd)

All drill site construction (grading, installation of erosion and sedimentation controls, roadway construction, etc.) shall be done between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. Any burning of trees or brush shall be done in accordance with applicable regulations using an air curtain.

(ee)

During the active operation at a drill site, Borough staff or consultants designated by the Borough Secretary/Manager shall have access to the site to determine continuing compliance with the conditional use approval.

(ff)

The Borough reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (MPC).[1]

Editor's Note: See 53 P.S. § 10101 et seq.

(gg)

Indemnification and express negligence provisions. The applicant shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Borough, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

Natural gas compressor stations shall comply with the following standards:

Compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Borough residents' enjoyment of their property and future Borough development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following: lawful existing or authorized uses of adjacent properties; neighboring flood-prone or landslide-prone areas; or natural surface or subsurface water features or structures, including wetlands.

An application for a compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

Conditional use approval is nontransferable without consent from the Borough Council, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Borough Council upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.

The Borough and emergency management services shall be provided the name of the person supervising the compressor station or processing plant and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this section.

Emergency evacuation plan.

An emergency evacuation plan that is acceptable to the Borough shall be developed by the applicant and filed with the Borough; annual updates may be required by the Borough.

The plan will be called a preparedness, prevention, and contingency (PPC) plan and follow the PADEP document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, or the most recent applicable guidance document.

The applicant understands that the Borough deems this plan a vital portion of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

All compressor stations shall be constructed as a completely enclosed building.

The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.

The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the Borough.

Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at the station, the Borough shall be provided a copy of the highway occupancy permit. Access roads shall also comply with the following:

[i]

Access roads must be 50 feet from adjacent property lines unless written consent is given.

[ii]

The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, or debris carried onto any public road.

[iii]

If the access road is less than 200 feet, the entire road must be limestone.

[e]

The access driveway off the public road to the station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.

[f]

The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary. The operator shall provide the Borough with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

[g]

As part of the conditional use process, the Borough reserves the right to increase any required setback or impose a setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

[h]

Compressor stations shall utilize electric motors rather than internal combustion engines. The Borough Council may approve the use of internal combustion engines as part of the conditional use approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

[i]

As part of the conditional use application process, the Borough may require acoustical blankets, sound walls, mufflers or alternative methods proposed by the operator be Included in the design to ensure compliance, depending on the location of the proposed station or plant to adjacent properties.

[j]

To enable the Borough's decision, as part of the conditional use application, and prior to beginning the operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

[k]

During station or plant activities by more than 10 decibels above the measured ambient noise level during the hours of 7:00 a.m. to 6:00 p.m. The measured ambient noise is defined as:

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

(g)

During station or plant activities by more than five decibels above the measured ambient noise during the hours of 6:00 p.m. to 7:00 a.m. The measured ambient noise is defined as:

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

(h)

As part of the conditional use application, the applicant agrees that deviations of the noise levels from those expected in the conditional use application require noise abatement measures to be implemented within one week unless a longer period is allowed by the Borough.

As part of the conditional use application, the applicant must agree to install and maintain permanent outdoor microphone units that can reliably measure the noise associated with the proposed land use so that deviations can be monitored. The units must be able withstand the rigors of outdoor conditions and be free of the effects of temperature, humidity, snow, rain, and air pollution. Data coming from the permanent outdoor microphone units must be made directly available to the Borough at the same time as it is directly provided to the operator.

The applicant also agrees to be subject to any penalties for violations as defined by this article.

(i)

Upon confirmation by the Borough that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure, whichever is closer.

If the operator engages in any noise testing as required by this subsection, it will provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Borough representatives and affected residents to discuss whether possible noise abatement measures are required, based on whether the permitted levels set herein were exceeded. The applicant shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate. The Borough reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint. This investigation would supersede any results provided by the operator.

(j)

Except for emergency operations, hours of operation at a plant or station 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.

(k)

Drip pans must be placed in any location, under equipment, that has the potential to leak.

(l)

All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

(m)

All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, compatible with the surrounding uses. Neutral colors shall include sand, gray, green and unobtrusive shades of brown, or other neutral colors, as approved by the Borough.

(n)

Compressor stations shall be inspected by the Fire Department prior to operation. During the active operation at the compressor station, Borough staff or consultants designated by the Borough Secretary/Manager shall have access to the site to determine continuing compliance with the conditional use approval.

(o)

The applicant will reimburse the Borough for all reasonable and direct professional consultant fees incurred by the Borough related to site inspection, approval process, or for specialized work called for in the permit.

(p)

The Borough reserves the right to impose any other additional conditions necessary to protect the public health, safety and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (MPC).[2]

Editor's Note: See 53 P.S. § 10101 et seq.

(q)

Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of The Borough, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

(r)

The facility and/or its operation shall comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of the Borough's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health safety or welfare of the citizens of the Borough or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

(s)

The operator shall be required to provide notice of any spills anchor releases to the Borough.

Natural gas processing plants shall comply with the following standards:

Processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with Borough residents' enjoyment of their property and future Borough development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:

Lawful existing or authorized uses of adjacent properties.

Neighboring flood-prone or landslide-prone areas.

Agriculture and farmland.

A conditional use application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

Conditional use approval is nontransferable without consent from Council, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the conditional use. The conditional use approval may be extended by Council upon written request by the operator. The operator shall provide proof that the requested conditional use permit for such location has not changed.

As part of the conditional use application, the Borough and emergency management services shall be provided the name of the person supervising the processing plant and a phone number where such person can be reached 24 hours/day. Also, a list of contact information for all subcontractors associated with the operations of the plant must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this section.

Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at the plant, the Borough shall be provided a copy of the highway occupancy permit. Access roads shall also comply with the following:

Access roads must be 50 feet from adjacent property lines unless written consent is given.

The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, or debris carried onto any public road.

If the access road is less than 200 feet, the entire road must be limestone.

The access driveway off the public road to the plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.

(g)

The operator must provide a plan for the transmission of gas, water, oily or other substances to and from the plant The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the Borough and extending 800 feet beyond the Borough boundary. The operator shall provide the Borough with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

(h)

The Borough reserves the right to increase any required setback or impose a setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

(i)

Processing plants shall utilize electric motors rather than internal combustion engines. The Borough Council approve the use of internal combustion engine or compressor used in connection with the plant, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

(j)

As part of the conditional use application process, the Borough may require acoustical blankets, sound walls, mufflers or alternative methods proposed by the operator be included in the design to ensure compliance, depending on the location of the proposed station or plant to adjacent properties.

To enable the Borough's decision, as part of the conditional use application, and prior to beginning the operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one[??] twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

During station or plant activities by more than five decibels above the measured ambient noise during the hours of 6:00 p.m. to 7:00 a.m. The measured ambient noise is defined as:

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

The applicant also agrees to be subject to any penalties for violations as defined by this article.

(k)

It is agreed by the applicant, that if a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a that station or plant site, regarding noise generated, the Borough will conduct a sound test to confirm that a viable complaint exists. This test shall be at the applicant's expense. Upon confirmation by the Borough that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure, whichever is closer.

If the operator engages in any noise testing as required by this subsection, it will provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Borough representatives and affected residents to discuss whether possible noise abatement measures are required, based on whether the permitted levels set herein were exceeded. The applicant shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate. The Borough reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint. This investigation would supersede any results provided by the operator.

Other general standards for oil or gas wells and injection wells, natural gas processing plants and natural gas compressor stations:

Other specific standards:

Drip pans must be placed in any location, under equipment, that has the potential to leak.

All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Borough.

Processing plants shall be inspected by the Fire Department prior to operation. During the active operation at the processing plant, Borough staff or consultants designated by the Borough Secretary/Manager shall have access to the site to determine continuing compliance with the conditional use approval.

The Borough reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).[3]

Editor's Note: See 53 P.S. § 10101 et seq.

Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Borough, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

The facility and/or its operation shall comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the proposed oil or gas well, injection well, natural gas compression station, natural gas processing plant, impoundments, injection wells or any similar facilities performing functions for oil and gas development will not violate the citizens of the Borough's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the Borough or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

Impoundment (being either a water impoundment, fresh, or a water impoundment, waste), subject to:

Impoundments shall be allowed only on the parcel/property where drilling site is occurring as an accessory use.

No off-site impoundments, drill cuttings pits/reserve pits shall be permitted.

Impoundments shall not use surface aerators.

All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:

The fence shall be a minimum of six feet in height and chain link.

The fencing shall be in place throughout the drill operation and until the impoundment is removed.

The chain link fence shall have a minimum thickness of 11 gauges.

Impoundments must comply with all state and federal laws in regard to leak detection and monitoring and must comply with EPA 9090 or any regulation that supersedes it.

An applicant shall provide to the Borough a baseline hydrogeological study to document background conditions, including but not limited to initial water quality testing, water level measurements, available secondary source information leading to an understanding of groundwater flow beneath the site and adjacent area.

Upon review of the application, the Borough may, at its discretion, require air modeling and monitoring of emissions coming off of impoundments.

An impoundment shall not contain any liquid substance generated from any oil well(s) located on another property. Trucking in of outside liquid substance for storage in an impoundment is prohibited.

Size limitation. Impoundments are permitted to house up to 1,000,000 gallons of liquid substance.

An impoundment must be constructed as a completely enclosed building.

[9]

Emergency evacuation plan.

An emergency evacuation plan that is acceptable to the Borough shall have been produced by the applicant and filed with the Borough; annual updates may be required by the Borough.

The plan will be called a preparedness, prevention and contingency (PPC) plan and follow the PADEP document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, or the most recent applicable guidance document.

The applicant understands that the Borough deems this plan a vital portion of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

[10]

The Borough reserves the right to increase any required setback or impose a setback based on physical characteristics of the including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

Injection wells, subject to:

Injection wells are only allowed on well pads, permitted for operation in the Borough.

The operator shall identify how long the injection well(s) will be in operation.

The operator shall identify the sources of fluid that will be injected into the injection well.

Written permission from the property owner(s) with legal or equitable title to the property where the proposed injection well site is located or demonstrable documentation of the applicant's authority to occupy the property shall be provided to the Borough.

The GPS location and 911 address of the injection well site must be provided to the Borough.

The minimum site required for the specific land use shall be five acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with truck traffic to and from the site.

The site shall not be located within 1,000 feet of any protected structure, measured from any property boundary of the site in a straight line to the nearest wall of the protected structure or within 1,000 feet of any floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps, measured from any property boundary of the site in a straight line to the nearest edge of the floodway.

No permanent component of the injection well site shall be closer than 100 feet from the property line in which the well is located.

The storage, handling, transportation, and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Copies of any and all applications and permits required from all applicable local, county, state, and federal agencies for development of the injection well.

[9]

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to the Borough to establish compliance with all applicable regulations. All temporary and permanent structures, equipment, machinery, and sediment and erosion controls shall be identified. All protected structures within 1,000 feet of the property lines shall be identified. All roads related to the injection well must also be shown. A sufficient number of copies of the site plan shall be provide to the Borough for review and comment by all Borough emergency service organizations.

[10]

A risk assessment report prepared by a professional expert in the field that identifies the potential hazards stemming from the injection well at the proposed site and determines the quantitative and qualitative risk associated with the identified hazards must be provided to the Borough. The quantitative risk assessment shall include calculations of two components of risk (R), the magnitude of the potential loss (L), and the probability (P) that the loss will occur. The report shall include a public health risk assessment including potential impacts to water supply. This assessment is the process of characterizing the nature and likelihood of harmful effects to individuals or populations within one linear mile from the injection well site. The report shall also include an assessment of potential seismic impacts created by the operations of the injection well.

[11]

A traffic impact study prepared by a professional expert in the field shall be provided to the Borough. The study shall include:

A description of the proposed project in terms of land use type and magnitude.

An inventory, analysis, and evaluation of existing road conditions including intersection levels of service, roadway levels of service (where appropriate), and other measures of roadway adequacy (i.e., land widths traffic signal warrants vehicle delay studies, etc.) on Borough roads along the proposed transportation route identified by the application, including photography, video, and core coring as determined to be necessary by the Borough Engineer(s).

A projected site generated traffic volumes in terms of peak hours and ADT, approach/departure distribution including method of determination, site traffic volumes on roadways, and comparison of existing zoning to proposed site generation.

An analysis of future traffic conditions including future design year (development fully completed) combined volumes (site traffic plus future roadway traffic), intersection levels of service, roadway levels of service (where appropriate), and other measure of roadway adequacy (i.e., land widths, traffic signal warrants, vehicle delay studies, etc.). The analysis shall also include a description of the plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials, and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the injection well. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

[e]

A description of the recommended access plan and off-site improvements including a schematic plan of access and on-site circulation.

[12]

To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis to the Borough for the injection well site. The environmental impact analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations, or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studies shall be reviewed and approved by the Borough. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the injection well, including the impact on the critical areas, the protective measures and minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

[13]

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study to the Borough for the injection well site. The study shall be prepared by experts acceptable to the Borough and submitted with the application. The air quality study shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality with an explanation of that analysis.

[14]

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a geological study to the Borough for the injection well site. The study shall be prepared by experts acceptable to the Borough and submitted with the application. The geological study shall include an analysis of the existing geological formations in and surrounding the proposed site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professional preparing the report regarding the potential geological impact of the proposed use.

[15]

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study to the Borough for the injection well site. The study shall be prepared by a hydrogeologist acceptable to the Borough and submitted with the application. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Borough. If the study shows an alteration to the groundwater, the application shall be denied.

[16]

Prior to beginning any injection well development activities, the applicant shall be responsible for testing soil conditions within 100 feet of each injection well site. The purpose of the soil testing is to determine the baseline soil conditions surrounding the proposed injection well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area. Predevelopment testing results shall be submitted as part of the conditional use application. After operations at the injection well site have begun, the applicant shall be responsible for retesting the soil conditions within 100 feet of each injection well site using the same parameters as the predevelopment testing. Post-development testing shall be completed 12 months after operations have begun. The full results shall be submitted to the Borough and PA DEP within 10 of their receipt by the applicant. The applicant shall be responsible for all costs associated with testing. Testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.

[17]

The applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $1,000,000 per occurrence. The applicant shall fully defend, protect, release, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any grossly negligent, willful, or intentional acts of the Borough, its departments, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.

[18]

Conditional use approval is nontransferrable and shall automatically terminate, unless extended, if operations have not commenced within one year from the date of issuance of the approval. The conditional use may only be extended by the Borough Council upon written request by the operator, after notice and hearing. The applicant shall provide proof that the requested conditional use approval for such location has not changed, and that the applicant meets all applicable criteria contained in this section.

Special criteria for land use near floodway or in floodplain. In addition to the general standards and criteria for all conditional uses, an application for oil and gas development, compressor station, processing plant or impoundments as a conditional use shall comply with the applicable standards and criteria specified below for that use.

No drilling or fracturing shall take place in a floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

No drilling or fracturing shall take place within 500 feet of a floodway designated as such in the Flood Insurance Study (FES) and shown on the Federal Emergency Management Agency (FEMA) maps.

No transmission or storage of materials or waste associated with oil or gas development shall take place within 500 feet of a floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

No drilling, fracturing, transmission of materials or waste associated with oil or gas development, or storage of materials or waste associated with oil or gas development shall take place in a floodplain designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps without an exception from the Borough based on the following provisions:

The applicant must provide conclusive documentation that no other location in the Borough or surrounding municipalities has the potential to allow access to the oil or gas deposit other than a location within the floodplain. The determination of potential shall be based on a geophysical investigation and will not be based on restrictions and/or ordinances established by surrounding municipalities.

An emergency evacuation plan that is acceptable to the Borough shall have been produced by the applicant and filed with the Borough; annual updates may be required by the Borough.

(5)

The plan will be called a preparedness, prevention and contingency (PPC) plan and follow the PA DEP document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, or the most recent applicable guidance document.

(6)

The applicant shall specifically acknowledge, in writing, that this plan is an essential component of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

(7)

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 flood in the location, and further provides security to the Borough assuring the applicant's ability to remedy any damage or injury that may occur.

(8)

All structures within the flood zone shall be designed to withstand at least a 100-year storm event.

(9)

An engineer registered in Pennsylvania and qualified to present such documentation attests and provides evidence acceptable to the Borough that structures will not cause additional flooding on adjacent, upstream and/or downstream properties shall provide such documentation to the Borough.

(10)

Given that the area floodway is a source of drinking water for surrounding communities and may be used as a source of drinking water in the future by the Borough, the applicant shall further attest that no contamination of any surface or subsurface bodies is possible based on the design and that the applicant will conduct regular monitoring for evidence to continue to confirm that attestation.

(11)

The applicant shall not disturb any known or discovered archeological sites within the floodplain and agrees to conduct an excavation prior to beginning operations in the floodplain to confirm that no archeological sites will be disturbed, subject to Borough approval. The person or persons carrying out this excavation are expected to recognized experts in the field and must be approved by the Borough before the excavation begins.

Requirement for environmental impact statement. In addition to the general standards and criteria for all conditional uses, an application for oil and gas development, compressor station, processing plant, or impoundments as a conditional use shall be accompanied by an environmental impact analysis statement; it 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:

A description of the proposed development, its purpose, a schedule of construction and length of operation and its interrelationship with other oil and/or 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.

A comprehensive description of baseline environmental conditions identified before any activities associated with the development.

A description of the environmental impacts of the proposed development both during and after completed 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.

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 D(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), long-term impacts, and 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.

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 required municipal inspections, bonds, insurance, and indemnity, herein.

Use of professional consultants.

The Borough may from time to time employ a professional consultant or consultants. 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.

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:

Review of all applications for oil and gas developments.

Inspection of site during key phases of development.

Inspection of site upon receipt of a complaint.

Communication with appropriate Borough personnel if the inspector believes the operator is violating a Borough code not addressed in this article.

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.