[Added 8-13-2012 by Ord. No. 1123]
The following words and phrases, when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Act 13 of 2012 (H.B. 1950), P.L. 87, § 1, approved
February 14, 2012, 58 Pa. C.S.A. § 2301 et seq., commonly
known as the "Unconventional Gas Well Impact Fee Act," which amended
Title 58 ("Oil and Gas") of the Pennsylvania Consolidated Statutes
to add Chapters 23, 25, 27, 32, 33 and 35, and any subsequent amendments
thereto and regulations promulgated thereunder.
Shall have the same meaning as such term is used in Act 13.
Borough Zoning Districts that permit agricultural uses shall, for
the specific purposes of this article, be considered agricultural
zoning districts.
In accordance with Act 13 (58 Pa.C.S.A. § 3301),
all statutes enacted by the commonwealth relating to the protection
of the environment or the protection of public health, safety and
welfare that are administered and enforced by the department or by
another commonwealth agency, including an independent agency, and
all federal statutes relating to the protection of the environment,
to the extent those statutes regulate oil and gas operations.
The same meaning as such term is used in Act 13, including
as used in 58 Pa.C.S.A. § 3304.
The same meaning in this article as the term industrial uses, as used in Act 13 and the permitted and special exception uses of § 235-16.
The same meaning as such term is used in Act 13. The following
Borough zoning districts, for the purposes of this article, shall
be considered "industrial zoning districts": Industrial Manufacturing
District.
The same meaning as such term is defined in Act 13 (58 Pa.C.S.A.
§ 2301).
The same meaning as such term is used in Act 13, including
in 58 Pa.C.S.A. §§ 3301 through 3309.
The same meaning as such term is used in Act 13, including
in 58 Pa.C.S.A. §§ 3301 through 3309.
Shall, for the specific purposes of this article, mean, consistent
with the definition of "building" pursuant Act 13 (58 Pa.C.S.A., § 3203),
an occupied structure with walls and roof within which persons live
or customarily work.
For the specific purposes of this article, incorporates,
by reference, and has the same meaning as, the term "oil and gas operations,"
as defined in Act 13 (58 Pa.C.S.A. § 3301), which provides
that such term includes the following:
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water or other fluid storage or impoundment areas used exclusively
for oil and gas operations;
As used in this article is intended to have the same meaning
as the term "well" as defined in § 3203 of Act 13 (58 Pa.C.S.A.
§ 3203.)
As used in this article, is intended to have the same meaning
as the term "well site" as used in 58 Pa.C.S.A. § 3304(b)(5.1).
For the purposes of this article, shall have the same meaning
as such term as used in Act 13 [58 Pa.C.S.A. § 3304(b)].
As used in this article, is intended to have the same meaning
as the term "permanent oil and gas operations," as used in 58 Pa.C.S.A.
§ 3304(b)(3).
The same meaning as the term "residential district" as used
in Act 13. The following Borough zoning districts shall, for the purposes
of this article, be considered "residential zoning districts": Low-Density
Residential District (R-1), Moderate-Density Residential District
(R-2), Traditional Neighborhood Development District (TND) and Town
Center Commercial District.
As used in this article, is intended to have the same meaning
as such phrase is used in Act 13, including in 58 Pa.C.S.A. § 3304(b)(4).
As used in this article, is intended to have the same meaning
as such phrase is used in Act 13, including in 58 Pa.C.S.A. § 3304(b)(4).
Shall have the same meaning as such term is used in Act 13,
including in 58 Pa.C.S.A. § 3304.
A.
All provisions of the Punxsutawney Borough Zoning Ordinance that
contain provisions which impose conditions, requirements or limitations
on the same features of oil and gas operations regulated by Chapter
32 (58 Pa.C.S.A. §§ 3301 through 3274) of Act 13, or
that accomplish the same purposes as set forth in the said Chapter
32 of Act 13, are, to the extent applicable to oil and gas operations
and prohibited, preempted or superseded by Act 13, including as set
forth in 58 Pa.C.S.A. § 3302 thereof, hereby repealed.
B.
All provisions of the Punxsutawney Borough Zoning Ordinance that
contain provisions which impose conditions, requirements or limitations
on the construction of oil and gas operations that are more stringent
than conditions, requirements or limitations imposed on construction
activities for other industrial uses within the Borough, to the extent
such provisions are prohibited, preempted or superseded by Act 13,
including as set forth in 58 Pa.C.S.A. § 3304(b)(2), are
hereby repealed.
C.
All provisions of the Punxsutawney Borough Zoning Ordinance that
contain provisions which impose conditions, requirements or limitations
on the heights of structures, screening and fencing, lighting or noise
relating to permanent oil and gas operations that are more stringent
than the conditions, requirements or limitations imposed on other
industrial uses or other land development within the particular zoning
district where the oil and gas operations are situated are, to the
extent such provisions are prohibited, preempted or superseded by
Act 13, including as set forth in 58 Pa.C.S.A. § 3304 (b)(3),
hereby repealed.
D.
Any provisions of the Punxsutawney Borough Zoning Ordinance that
regulate oil and gas operations to the extent also regulated by Environmental
Acts are, consistent with Act 13, including 58 Pa.C.S.A. § 3303,
hereby repealed.
All provisions of the Punxsutawney Borough Zoning Ordinance
regulating for all types of industrial uses setback distances other
than those regulated by or set forth in Chapter 32 (58 Pa.C.S.A. §§ 3301
through 3274) of Act 13 shall continue to apply in full force and
effect, to the extent permitted by and consistent with Act 13, to
all industrial uses.
The following uses shall, to the extent required by Act 13,
including as set forth in 58 Pa.C.S.A. § 3304(b)(1) thereof,
shall be permitted uses in all zoning districts of the Borough:
To the extent required by Act 13, including as set forth in
58 Pa.C.S.A. § 3304(b), oil and gas wells or well sites
shall be permitted uses in all zoning districts of the Borough other
than residential zoning districts.
A.
In the Low-Density Residential District (R-1), Moderate-Density Residential
District (R-2), TND Traditional Neighborhood Development District
and T-C Town Center Commercial District, otherwise permitted oil and
gas wells and well sites that cannot be placed so that the wellhead
is at least 500 feet from any existing occupied building, are special
exception uses only.
B.
Such uses, if otherwise permitted, shall be considered permitted
uses in such residential zoning districts if the well site can be
placed so that the wellhead is at least 500 feet from any existing
occupied building.
Impoundment areas used for oil and gas operations shall be a
permitted use in all zoning districts in the Borough, provided that
the edge of any impoundment area shall not be located closer than
300 feet from any existing occupied building.
Natural gas compressor stations shall be a permitted use in
the Industrial Manufacturing Zoning District and as a special exception
use in all other zoning districts if the natural gas compressor building
meets the following standards:
A.
It is located 750 feet or more from the nearest existing occupied
building or 200 feet from the nearest lot line, whichever is greater,
unless waived by the owner of the occupied building or adjoining lot;
and
B.
The noise level does not exceed a noise standard of 60dbA at the
nearest property line or the applicable standard imposed by federal
law, whichever is less.
A natural gas processing plant shall be a permitted use in the
Industrial Manufacturing Zoning District if all the following conditions
are met:
A.
The natural gas processing plant building is located at the greater
of at least 750 feet from the nearest existing occupied building or
at least 200 feet from the nearest lot line unless waived by the owner
of the occupied building or adjoining lot.
B.
The noise level of the natural gas processing plant building does
not exceed a noise standard of 60dbA at the nearest property line
or the applicable standard imposed by federal law, whichever is less.
Notwithstanding any other generally applicable provision of
the Zoning Ordinance providing for a longer period of review, for
zoning permit applications relating to oil and gas operations, the
Borough's review period for permitted uses shall not exceed 30 days
for complete submissions, and the review period for special exception
uses shall not exceed 120 days for complete submissions.
If any section, subsection, sentence, clause or phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of then remaining portion thereof.
