[HISTORY: Adopted by the Board of Supervisors of the Township
of Kidder 3-17-2011 by Ord. No. 148. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A facility designed and constructed to compress natural gas
and/or oil that originates from a gas and/or oil well or collection
of such wells operating as a midstream facility for delivery of gas
and/or oil to a transmission pipeline, distribution pipeline, processing
plant or underground storage field, including one or more natural
gas and/or oil compressors, associated buildings, pipes, valves, tanks
and other equipment.
A nonpumping well, generally of small diameter, that is used
to measure the elevation of a water table or water quality. A piezometer,
which is open only at the top and bottom of its casing, is one type
of monitoring well. A well used to obtain water quality samples or
measure groundwater levels.
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/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
The well site preparations, well site construction, drilling,
hydraulic fracturing and/or site restoration associated with an oil
and/or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installment and
use of all associated equipment, including tanks, meters and other
equipment and structures whether permanent or temporary; and the site
preparation construction, installment, 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, other than compressor stations and natural gas processing
plants or facilities performing the equivalent functions, that operate
as midstream facilities are only authorized consistent with Kidder
Township Zoning Ordinance[1] as a conditional use.
Any occupied residence, commercial, business, school, religious
institution or other public building located within 1,000 feet of
the surface location of an oil or gas well, including structures such
as garages and barns or other accessory buildings and structures which
may be impacted by noise generated from drilling or hydraulic fracturing
activity at a well site. The term shall not include any structure
owned by an oil or gas lessor who has signed a lease with the operator
granting surface rights to drill the subject well or whose owner (or
occupants) has (have) signed a waiver relieving the operator from
implementation of the measures established in this chapter for the
owner's (occupant's) benefit.
A graded pad designed and constructed for the drilling of
one or more oil and/or gas wells.
Prior to the commencement of drilling:
A.
The operator shall comply with any applicable bonding and permitting
requirements for Township roads that are to be used by overweight
vehicles and equipment for development activities. Notwithstanding
the foregoing, the operator/applicant shall take all necessary corrective
action and measures as directed by the Township to ensure the roadways
are repaired within seven days of partial damage or destruction.
B.
The operator shall provide to the Township's first responders,
including fire departments, Fire Commission, Police Department, ambulance,
and Kidder Township Emergency Management Officer, a copy of its preparedness,
prevention and contingency (PPC) plan.
C.
The Township shall ascertain whether the Township's first responders
have secured adequate training to deal with any potential dangerous
conditions that may result due to development activities. First responders
shall have a minimum of five hours of training per year to meet this
standard. Upon request from the Township, the operator will, prior
to drilling of its first oil and gas well in the Township, make available
with at least 30 days' notice, at its sole cost and expense,
one appropriate group training program of a minimum of five hours
for first responders. Such training shall be made available by the
operator at least annually during the period when the operator anticipates
drilling activities in the Township.
D.
Prior to drilling an oil and gas well or multiple oil and gas wells
at a location, the operator shall provide the following information
to each resident within 1,000 feet of the planned surface location
of the well(s):
(1)
A copy of the well survey plan showing the location(s) of the planned
well(s);
(2)
A general description of the planned operation at the planned well(s)
and associated equipment used in the development of the well(s);
(3)
The contact information for the operator; and
(4)
The availability of the operator to hold a meeting with such residents
to present 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.
E.
Domestic wells. Prior to operation, the applicant/operator shall
be required to conduct, at no cost to affected well owners, a preextraction
survey of each domestic well situate on each adjoining property and
on each property located within 1,000 feet of each site property line.
(1)
The survey will consist of collecting baseline data from well logs,
where available, measurement of water level and well depth and standard
water quality testing measuring among other factors, including hardness,
color, odor, pH, bacteria, nitrates, sulfates, petroleum, and total
dissolved solids (tds).
(2)
The survey will be limited to those domestic well owners who provide
consent to the survey within 30 days of receiving a certified letter
request from the applicant.
(3)
These tests shall determine the following baseline data for comparison
with similar data to be monitored during extraction operations.
(4)
Copies of existing well logs for all wells located within 1,000 feet
of the site.
F.
A well complaint resolution program shall be prepared and submitted
to the Township, which specifies the procedures the applicant is committed
to follow in resolving any domestic water well complaints. The Township
shall review the program and, if necessary, require amendments to
the program prior to acceptance.
G.
At least seven days prior to commencement of drilling, the operator
shall provide to the Township Zoning Officer a copy of the drilling
permit issued by the Pennsylvania Department of Environmental Protection
(DEP).
H.
Kidder Township fire departments shall be provided a list of all
chemical or waste products used or produced by the oil or gas drilling
operation.
I.
The Township shall be provided the name of the person supervising
the drilling operation and a phone number where such person can be
reached 24 hours a day.
J.
The applicant shall provide certification that a bond is held by
the PA DEP (Pennsylvania Department of Environmental Protection) to
ensure proper plugging when the well is classified as inactive by
the PA DEP.
K.
The applicant shall provide a schedule indicating the following dates:
(1)
Site preparation beginnings and endings.
(2)
Anticipated drilling activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated stimulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
L.
In addition to complying with the Zoning Ordinance[1] and the Subdivision and Land Development Ordinance,[2] the operator/applicant shall appear at a public meeting
of the Township Board of Supervisors at least 30 days prior to the
commencing of drilling activities to inform the Township of its intention
to commence drilling.
During the process of oil and gas development, the following
site standards shall be maintained by the operator at all times:
A.
No portion of any drilling device, equipment or facility of any kind,
including storage, shall be closer than 1,000 feet to an adjacent
property line.
B.
The operator shall take all necessary safeguards as directed by the
Township to ensure the Township roads utilized remain free of dirt,
mud and debris resulting from development activities and/or shall
ensure such roads are promptly swept or cleaned if dirt, mud and debris
occur.
C.
The operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example: persons waiting for public or school transportation).
As directed by the Township, during periods of anticipated heavy or
frequent truck traffic associated with development, the operator will
provide flagmen to ensure the safety of children at or near schools
or school bus stops and include adequate signs and/or other warning
measures for truck traffic and vehicular traffic.
D.
At the operator's expense, annual well testing shall be performed
on domestic and monitoring wells in accordance with standards jointly
established by the Township's designated expert and the operator's
expert, taking into consideration the type and level of extractive
activities which have taken place on the site during the preceding
year. The results of the testing shall be filed with the Township
Board of Supervisors within 60 days of the date of testing. The parameters
must be tested annually, and a comparison made with the baseline water
quality data. Additional testing at the operator's expense shall
be required by the Township to better assess any potential risks if
concerns regarding water quality or quantity are raised by or uncovered
in the annual testing.
E.
No construction activities involving excavation of, alteration to,
or repair work on any access road or well site shall be performed
during the hours of 11:00 p.m. to 7:00 a.m.
F.
Noise. No operation or activity shall cause or create noise in excess
of the sound levels prescribed below:
(1)
Residential districts. At no point beyond the boundary of any lot
within these districts shall the exterior noise level resulting from
any use or activity located on such lot exceed a maximum of 60 dBA
for more than four hours during a twenty-four-hour equivalent period.
(2)
Commercial districts. At no point on or beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for more than eight hours during a twenty-four-hour period.
(3)
Industrial districts. At no point on or beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
(4)
Where two or more zoning districts in which different noise levels
are prescribed share a common boundary, the most restrictive noise
level standards shall govern.
(6)
In addition to the above regulations, all uses and activities within
the Township shall conform to all applicable county, state and federal
regulations contained herein and if they are at variance with any
other lawfully adopted rules or requirements of the Township, the
more restrictive shall govern.
(7)
The Township reserves the right to require the temporary or permanent
erection and use of reasonable sound barriers.
G.
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 responsible person who may be contacted in case of emergency.
It shall be illegal for any person, owner or operator to park or store
any vehicle or item of machinery on any street, right-of-way or in
any driveway, alley or upon any operation or drilling site which constitutes
a fire hazard or an obstruction to or interference with fighting or
controlling fires except that equipment which is necessary for the
maintenance of the well site or for gathering or transportation of
hydrocarbon substances from the site.
H.
Dust, vibration, odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors and
shall be in accordance with the best accepted practices incident to
drilling for oil or gas in urban/suburban and rural areas. 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.
I.
All drill site pads and off-site fracture ponds shall be secured
with a temporary fence with a secured gate as follows:
J.
After any spill, leak or malfunction, the operator shall remove or
cause to be removed to the satisfaction of the Township officials
and the PA DEP inspectors, all waste materials from any public or
private property affected by such spill, leak or malfunction. Clean-up
operations must begin immediately upon knowledge that a spill, leak
or malfunction occurs.
K.
The public street entrance and the property on which a drill site
is located shall at all times be kept free of mud, debris, trash or
other waste materials. Use of streets serving exclusively residential
neighborhoods is prohibited.
L.
The facility and/or its operation shall comply with all applicable
permits and requirements of the PA DEP, 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.
M.
Noise.
(1)
If a complaint is received by the Township from any person, using
a protected structure for any lawful purpose, within 1,000 feet from
the wellhead or equipment, regarding noise generated during drilling
or hydraulic fracturing activities, the operator shall, within 48
hours of receipt of the complaint from the Township, continuously
monitor for a forty-eight-hour period at a point which is the closer
to the complainant's building:
(a)
The complainant's protected structure property line nearest
to the well site or equipment generating the noise; or
(b)
One hundred feet from the protected structure. In order for
the Township to appropriately enforce the conditions imposed by this
chapter, to make certain that the health, safety and welfare of its
citizens are met and to determine if the use remains compatible with
various zoning districts in the Township, the operator will provide
the final results to the Township within 10 business days of the operator's
receipt of those final results.
(2)
Compliance shall be determined in accordance with the acceptable
decibel levels as set forth in § 180-57.5J of the Zoning
Ordinance.
N.
Any internal combustion engine or compressor used in connection with
the drilling of any well or for use on any production equipment or
used in development shall be 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 manufacturer's specifications.
O.
The operator shall provide and maintain a fund to the Township, the
sum of $5,000, which represents an account from which the Township
may draw or be reimbursed for the administrative inspection and engineering
costs and fees for review and inspections to ensure compliance with
this chapter. This amount may be adjusted from time to time by resolution
of the Board of Supervisors. Any costs over and above the aforesaid
initial fund incurred by the Township shall be reimbursed to the Township
along with a ten-percent administrative and overhead charge within
30 days of invoicing by the Township. The fund shall require remittances
within 10 days of issuance of written notice from the Township to
maintain a balance of $5,000.
After drilling is complete, the operator shall clean the site,
complete all restoration activities and repair any damage to public
property caused by such operations within 60 days. A detailed reclamation
plan shall be provided showing that the entire property will be left
in a form for development with uses that are permitted in the district,
relating the reuse to existing uses or probable uses for surrounding
properties and shall provide:
A.
Proposed topography at contour intervals to provide adequate grading
information, subject to the Township Engineer's recommendation
at the pre-application meeting, with five feet being the minimum.
B.
Schedule of progressive rehabilitation.
(1)
After mining is completed on one specified area, quadrant, or cell,
reclamation shall follow progressively in reasonable stages set forth
in the plan before mining continues on other areas of the site. Extraction
areas which are inactive for over one year must be stabilized and
slopes reduced to one vertical foot to seven horizontal feet, if feasible.
(2)
All rehabilitation activity shall be in compliance with soil erosion
and sedimentation requirements of the Environmental Protection Act,
MCL 394.9101 et seq., Part 91 as defined.
C.
Proposed ground cover and other plantings to stabilize the soil surface
and to beautify the restored area, as well as to protect from erosion
and siltation.
D.
Concept plans.
(1)
Concept plan(s) for the proposed end use of the site when restored,
including a plan for residential use, drawn to scale, and prepared
by a professional engineer, licensed architect, or licensed landscape
architect. The concept shall include:
(a)
The proposed circulation system, including the location of internal
roads and connection to the external road network.
(b)
Delineation of drainage patterns, identification of lakes, floodplains,
wetlands, and conceptual layout of lots (if residential is proposed).
(c)
A description of the provisions for obtaining necessary permits
and approvals for the future use(s).
(2)
The use proposed in the concept plan must be acceptable to the Township
Board based on the recommendation of the Planning Commission and a
review of the zoning district, Township Master Plan, surrounding land
uses, and site characteristics.
(3)
A landfill or other disposal or refuse site will not be considered
a suitable or satisfactory use.
E.
When the proposed future use, as deemed appropriate by the Township
Board, includes residential units or other uses requiring the use
of septic fields, the applicant shall provide a description of the
construction and rehabilitation techniques that will be met, including:
(1)
A description of methods and materials to be used in restoring the
site.
(2)
The proposed date for completing all extraction operations and handling
of all spoils and extraneous materials.
(3)
The date for completing the final restoration.
(4)
A list of all seeding and planting materials, which must be of native
stock.
Any operator or person performing work at their direction who
violates or permits a violation of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of
not more than $1,500, plus all court costs, including reasonable attorneys'
fees incurred by the Township in the enforcement of this chapter.
No judgment shall be imposed until the date of the determination of
the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to issue a cease and desist notice and/or to seek equitable relief,
including injunction, to enforce compliance herewith. No bond will
be required if injunctive relief is sought by the Township. A person
who violates this chapter shall also be responsible for the Township's
attorneys' fees, engineering fees, expert fees and court costs
associated with enforcement.
