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
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.
AGRICULTURAL ZONING DISTRICT
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.
ENVIRONMENTAL ACTS
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.
IMPOUNDMENT AREA
The same meaning as such term is used in Act 13, including
as used in 58 Pa.C.S.A. § 3304.
INDUSTRIAL USES
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.
INDUSTRIAL ZONING DISTRICT
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.
NATURAL GAS
The same meaning as such term is defined in Act 13 (58 Pa.C.S.A.
§ 2301).
OCCUPIED BUILDING
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.
OIL AND GAS OPERATIONS
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:
A.
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;
B.
Water or other fluid storage or impoundment areas used exclusively
for oil and gas operations;
C.
Construction, installation, use, maintenance and repair of:
(2)
Natural gas compressor stations; and
(3)
Natural gas processing plants or facilities performing equivalent
functions; and
D.
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections
A,
B and
C, to the extent that:
(1)
The equipment is necessarily located at or immediately adjacent
to a well site, impoundment area, oil and gas pipeline, natural gas
compressor station or natural gas processing plant; and
(2)
The activities are authorized and permitted under the authority
of a federal or commonwealth agency.
OIL AND GAS WELL or WELL
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.)
PERMANENT OIL AND GAS OPERATIONS
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).
RESIDENTIAL DISTRICT or RESIDENTIAL ZONING DISTRICT
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.
REVIEW PERIOD FOR CONDITIONAL USES
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).
REVIEW PERIOD FOR PERMITTED USES
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).
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:
A. Well and Pipeline Location Assessment Operations.
B. Oil and gas operations, other than:
(1)
Activities at natural gas impoundment areas, natural gas compressor
stations and natural gas processing plants; or
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.
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.