[Added by Ord. 296, 2/15/2016]
Where well pads for unconventional wells, disposal wells or
natural gas compression stations are authorized under this chapter
as a special exception use, the proposed use must meet all of the
applicable requirements set forth in this section.
1. Location and site requirements:
A. The well pad, compression station or disposal well shall not be located
within any area having a population density at the time of application
in excess of 1,086.07 persons per square mile as delineated on the
population density map for the City of St. Marys issued by the United
States Census Bureau, as from time to time amended;
B. No unconventional well bore shall be located closer than 1,250 feet
to any occupied structure;
C. No compressor or generator used in the drilling or hydraulic fracturing
operations of an unconventional well shall be located closer than
1,000 feet to any occupied structure;
D. The outer perimeter of the well pad or natural gas compressor station
site shall not be closer than 1,000 feet to any occupied structure;
E. The outer edge of any used water impoundment shall not be located
closer than 1,000 feet to any existing source of potable water serving
an occupied structure;
F. The foregoing setback requirements may be reduced if the applicant
can demonstrate that the topography surrounding the well pad is such
that it provides a natural barrier to noise, dust and other adverse
impacts to neighboring property;
G. The noise level from the well pad site or compression station shall
not exceed an average sound level of 65 dbA, or the applicable standard
imposed by federal law, whichever is less, measured at the boundary
of neighboring properties over the relevant time period established
under OSHA regulations for industrial activities in effect at the
date of application.
H. Setbacks may be reduced by the Zoning Hearing Board upon written
consent of all neighboring properties directly impacted by the setback
reduction. The Zoning Hearing Board may require the installation of
man-made sound barriers in such cases, unless specifically waived
by the neighboring property owner.
I. Permanent structures on the well pad shall comply with any height
restrictions in the Pennsylvania Oil and Gas Act, as from time to
time amended, and shall not violate the Airport Safety Zone regulations
listed in § 231 of this chapter, unless written approval
is received from the City of Saint Marys Airport Authority and the
Federal Aviation Administration.
2. As part of each application, the applicant shall submit a copy of
the plat and any water management plan filed with its well permit
application under Section 3211 of the Pennsylvania Oil and Gas Act,
58 Pa.C.S.A. § 3211, as from time to time amended. Unless
the plat and water management plan contain the following information,
the application shall also include:
A. An overall site plan of the project.
B. A detailed site plan of the project showing well pad location, access
roads, property lines, setback lines, and names and deed references
of adjoining surface land owners.
C. A description of accessory facilities serving the project.
D. Gantt charts for proposed development schedules and site decommissioning
projections.
E. The site address of the development as determined by the Elk County
911 Emergency Communications System.
F. The name, address and telephone number of the applicant's site manager
(which information shall be regularly updated by the applicant).
G. The well permit and well pad identification numbers.
3. For unconventional well pads and disposal well sites, the applicant
shall submit a traffic control plan, which shall include:
A. All anticipated routes within the City for access to and from the
well pad or site;
B. Proposed schedule of traffic activity serving the well pad or site,
including the estimated level and duration of trucking activities;
C. Where identified by the City or the Department of Transportation,
a plan for construction of turning lanes or other traffic control
devices to alleviate traffic congestion issues on City or state highways;
D. A plan for dust control on public highways and nonpublic access roads
serving the well pad or site; and
E. Installation of signs to discourage or control the use of jake brakes.
4. If employees are to be housed on site, the application shall include
evidence of permit approval in compliance with Act 537, the Pennsylvania
Sewage Facilities Act.
5. Applications for natural gas compression stations shall include:
A. A plan showing the location of the station site with approximate
GPS coordinates;
B. A plan for noise abatement; and
C. A proposed schedule for installation and removal of the station.
6. Development of the well pad site shall apply the following best practices,
unless the applicant can demonstrate that the practices are unnecessary
or inappropriate:
A. Facilities shall be centralized on single sites to minimize disturbances
to the natural landscape;
B. Where new roads are needed, applicants will design alignments that
can serve as new trails or public accesses after the development ceases;
C. Applicants shall use existing infrastructure alignments (streets,
rights-of-way, power and communication corridors, sewer and water
easements and railways) when selecting locations for temporary or
permanent horizontal infrastructure;
D. The site shall utilize downward-facing lighting infrastructure (except
in the case of obstruction lighting) to preserve the dark sky nature
of the rural landscape;
E. In restoring development sites after decommissioning, the utilization
of native species is required, and a random planting scheme is encouraged;
F. The transportation of water to and from the site by pipeline is preferred,
where feasible;
G. Site identification signs shall be posted at the intersection of
each access road for an unconventional well pad with each public highway.
7. Operational Requirements for Unconventional Well Pads and Disposal
Well Sites:
A. Each access road shall be paved for a distance of 100 feet from its
intersection with each public highway;
B. The staging of trucks and equipment shall not be done within 500
feet of any occupied structure;
C. The applicant shall maintain continuous dust control on all access
roads to prevent a dust nuisance on neighboring properties;
8. The procedure for considering a special exemption application is set forth in Part
6 of this chapter.
[Added by Ord. No. 334, 1/16/2023]
Where digital currency mining is allowed by special exception
under this chapter, the use shall meet all of the following requirements:
1. All activities
constituting the use must be conducted within an enclosed building;
2. The building
shall be set back at least 100 feet from any street or property boundary;
3. The sound
level measured at the property boundary shall at no time exceed a
noise level of 65 dbA, or the applicable standard imposed by federal
law, whichever is less, over the relevant time period established
under OSHA regulations for industrial activities in effect on the
date of application;
4. The applicant
must produce evidence, certified by a professional engineer, that
the proposed use will not have an adverse effect on electrical or
digital internet services in the neighborhood or the City.
[Added by Ord. No. 334, 1/16/2023]
Where a community solar energy system (CSES) or a grid-scale
solar energy system GSES) is permitted by special exception under
this chapter, the use shall meet all of the following requirements:
1. All facilities,
including solar arrays, must be set back at least 50 feet from every
property boundary;
2. The use
shall not cause any glare to any neighboring properties;
3. All on-site
utility and transmission lines and piping shall be placed underground
to the extent feasible;
4. The applicant
shall provide written confirmation that the public utility company
to which the applicant intends to connect the system has approved
the connection;
5. In the
case of a CSES, the applicant shall submit a copy of all relevant
documents establishing the existence of a good faith contract for
the purchase or use of the power to be generated by the facility;
6. The applicant
shall submit a plan for the regular maintenance of the grounds surrounding
and within the facility to a condition consistent with the neighborhood
which surrounds the facility;
7. If the
site is to be leased, the applicant shall submit a copy of the lease,
with the right to redact all financial information from the documents;
8. All structures
shall comply with any relevant height limitations within the chapter;
9. The applicant
shall submit a plan for decommissioning of the facility if no energy
is produced from the facility for a continuous period of two years.
Decommissioning shall include the removal of all aboveground and underground
facilities and the return of the property to its natural state.
10. Prior
to the approval of any permit, the Zoning Hearing Board may require
that the applicant post financial security for decommissioning. The
financial security may not exceed the estimated cost of removal of
all facilities from the site. The security may consist of an irrevocable
letter of credit from a national-recognized financial institution
or licensed insurance company authorized to do business in the Commonwealth
of Pennsylvania.