[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler 12-17-2012 by Ord. No. 870. Amendments noted where
applicable.]
The purpose of this chapter is to provide for the reasonable
use of land for oil and gas development pursuant to the authority
found in the Municipalities Planning Code, Act of July 31, 1968 (P.L.
805, No. 247[1]), and the Flood Plain Management Act, Act of October 4,
1978 (P.L. 851, No. 166[2]), consistent with the health and general welfare of the
residents and in a manner that minimizes the impact of such development
on the Township's environment and infrastructure.
As used in this chapter, the following terms shall be interpreted
or defined as follows:
Any person, operator, partnership, company or corporation,
including their subcontractors and agents, who have an interest in
oil and gas development in the Township.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of 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.
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 is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane, natural gas liquids and/or any other constituents
or similar substances that are produced by drilling a well of any
depth into, through and below the surface of the earth.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration associated with an oil
or 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. This definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions.
A site that consists of the area occupied by the facilities,
structures, materials and equipment, whether temporary or permanent,
necessary for or incidental to the preparation, construction, drilling,
production or operation of an oil or gas well.
The Township of Butler, Butler County, Pennsylvania.
Oil and gas development is a permitted use by right in all zoning
districts in the Township, except as set forth hereinbelow:
A.
Natural gas compressor stations or any similar facilities performing the equivalent function may be permitted in agricultural and manufacturing zoning districts and shall be conditional uses in all other zoning districts, subject to the standards set forth in §§ 204-4, 204-5 and 204-6 hereafter and the general conditions in Chapter 300, Zoning.
B.
Natural gas processing plants or any similar facilities performing the equivalent function may be permitted in manufacturing zoning districts and shall be conditional uses in agricultural zoning districts, subject to the standards set forth in §§ 204-4, 204-5 and 204-6 hereafter and the general conditions in Chapter 300, Zoning.
A.
No oil
and gas development shall be undertaken in the Township unless a permit
for the development has been issued. The permit application shall
be submitted together with a fee established by resolution and shall
contain the following information:
(1)
A narrative
describing an overview of the project, including the number of acres
to be involved, the number of wells to be drilled, the location of
all structures and a description of equipment to be used, to the extent
known.
(2)
A narrative
describing the project as it relates to existing or anticipated natural
gas compressor stations or natural gas processing plants.
(3)
The
address of the oil or gas well site, natural gas compressor station
or natural gas processing plant for the information of emergency responders.
(4)
Contact
information of the individual or individuals responsible for the operation
and activities at the oil and gas development shall be provided to
the Township and all emergency responders. Such information shall
include a phone number where such individual or individuals can be
contacted 24 hours per day, 365 days a year. Annually, or upon any
change of relevant circumstances, the applicant shall update such
information and provide it to the Township and all emergency responders.
(5)
A location
map of the oil and gas development showing the approximate location
of drilling rigs, equipment and structures and all permanent improvements
to the site and any post-construction surface disturbance in relation
to natural and other surroundings. Included in this map shall be an
area within the development site for the location and parking of vehicles
and equipment used in the development and use of the site. Such location
shall be configured to allow the normal flow of traffic on public
streets to be undisturbed.
(6)
A location
map of the natural gas compressor station or natural gas processing
plant, including any equipment and structures and all permanent improvements
to the site.
(7)
A narrative
and map describing the manner and routes for the transportation and
delivery of equipment, machinery, water, chemicals and other materials
used in the oil and gas development.
(8)
Certification
satisfactory to the Township that, prior to the commencement of oil
and gas development, the applicant shall have accepted and complied
with any applicable bonding and permitting requirements; and shall
have entered into a Township roadway maintenance and repair agreement,
in a form acceptable to the Township Solicitor, regarding the maintenance
and repair of affected Township streets.
(9)
A description
of, and commitment to maintain, safeguards that shall be taken by
the applicant to ensure that Township streets utilized by the applicant
shall remain free of dirt, mud and debris resulting from site development
activities; and the applicant's assurance that such streets will be
promptly swept or cleaned of dirt, mud and debris occurring as a result
of the applicant's usage.
(10)
Certification
that a copy of the operation's preparedness, prevention and contingency
plan has been provided to the Township and all emergency responders.
The applicant shall maintain at the well site and on file with the
Township a current list and the material safety data sheets (MSDS)
for all chemicals used in the applicant's operations.
(11)
Certification
that the applicant, upon changes occurring to the operation's preparedness,
prevention and contingency plan, will provide to the Township and
all emergency responders the dated revised copy of the preparedness,
prevention and contingency plan while drilling activities are taking
place at the oil or gas well site.
(12)
Assurance
that, at least 30 days prior to drilling, the applicant shall provide
an appropriate site orientation and training course of the preparedness,
prevention and contingency plan for all emergency responders. The
cost and expense of the orientation and training shall be the sole
responsibility of the applicant. The applicant shall not be required
to hold more than one site orientation and training course annually
under this subsection.
(13)
Copies
of the documents submitted to the Department regarding environmental
impacts of the project or, if no documents have been submitted to
the Department, a narrative describing the environmental impacts of
the proposed project on the site and surrounding land and measures
proposed to protect or mitigate such impacts, as well as copies of
all permits issued by appropriate regulatory agencies or authorities
relating thereto.
(14)
Copies
of all permits and plans from the appropriate regulatory agencies
or authorities issued in accordance with applicable laws and regulations
for the proposed use.
B.
Within
15 business days after receipt of a permit application and the required
fee, the Township will determine whether the application is complete
and shall advise the applicant accordingly.
C.
If the
application is incomplete, the Township shall so notify the applicant,
who may resubmit the completed application. The Township shall issue
or deny the permit within 30 days following receipt of the completed
application.
Oil and gas development constitutes a land development under
the Municipalities Planning Code,[1] Chapter 252, Subdivision and Land Development, and Chapter 300, Zoning, and all pertinent provisions of the Code and ordinances shall apply, except as preempted by federal or state law. In addition, the following design and installation requirements must be adhered to:
A.
No oil
or gas well site shall have access solely through a local street.
Whenever possible, access to the oil or gas well site should be from
a collector street.
B.
Permanent
structures associated with oil and gas development, both principal
and accessory, shall comply with the height regulations for the zoning
district in which the development is located.
C.
Provided,
there may be an exemption to the height restrictions contained in
this section for the temporary placement of drilling rigs, drying
tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well. The duration of such exemption
shall not exceed the actual time period of drilling or redrilling
of an oil or gas well, and in no case may it exceed six months.
D.
Drilling
rigs shall be located a minimum setback distance of 1.5 times their
height from any property line, public or private street, and building
not related to the drilling operations on either the same lot or an
adjacent lot. Exemption from the standards established in this subsection
may be granted by the Township upon a showing by the applicant that
it is not feasible to meet the setback requirements and that adequate
safeguards have or will be provided to justify the exemption.
E.
The drilling
pad for the oil or gas well site shall comply with all setback and
buffer requirements of the zoning district in which the oil or gas
well site is located.
F.
Natural
gas compressor stations and natural gas processing plants shall comply
with all setback and buffer requirements of the zoning district in
which the natural gas compressor station or natural gas processing
plant is located.
G.
Twenty-four-hour
on-site supervision and security shall be provided by the applicant
during the initial drilling or redrilling operations.
H.
Upon completion
of drilling or redrilling, security fencing consisting of a permanent
chain-link fence at least six feet in height equipped with lockable
gates at every access point and having openings no less than 12 feet
wide shall be promptly installed at the oil or gas well site to secure
wellheads, storage tanks, separation facilities, water or liquid impoundment
areas, and other mechanical and production equipment and structures
on the oil or gas well site.
I.
Warning
signs shall be placed on the fencing surrounding the oil or gas well
site providing notice of the potential dangers and the contact information
in case of an emergency.
J.
Emergency
responders shall be given means to access oil or gas well sites in
case of emergency.
K.
In the
development of oil or gas well sites, the natural surroundings should
be considered and attempts made to preserve existing trees and other
native vegetation.
L.
Lighting
at the oil and gas well development, either temporary or permanent,
shall be directed downward and inward toward the activity, to the
extent practicable, so as to minimize the glare on public roads and
nearby buildings.
M.
Lighting
at a natural gas compressor station or a natural gas processing plant
shall, when practicable, be limited to security lighting.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Where natural gas compressor stations and natural gas processing plants are deemed conditional uses, the following specific requirements apply, in addition to the requirements set forth in §§ 204-4 and 204-5 set forth hereinabove:
A.
Prior to
the operation of a natural gas compressor station or natural gas processing
plant, the applicant shall establish, by generally accepted testing
procedures, the continuous seventy-two-hour ambient noise level at
the nearest property line of a residence, public building, school,
medical, emergency or other public facility. In lieu of the establishment
of the ambient noise level established by the continuous seventy-two-hour
test, the applicant may assume and use, for the purpose of compliance
with this chapter, a default ambient noise level of 55 dBA. The sound-level
meter used in conducting any evaluation shall meet the American National
Standards Institute standard for sound meters. The applicant shall
provide the Township with documentation of the established ambient
noise level prior to operating the compressor station or processing
plant.
B.
The noise generated during the operations of the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in Subsection A by more than 5 decibels.
C.
Effective
sound mitigation devices shall be installed to permanent facilities
to address sound levels that would otherwise exceed the noise level
standards when located near a residence, public building, school,
medical, emergency or other public facility.
D.
In the
case of complaints received by the Township, they shall be addressed
by the applicant within 24 hours following receipt of notification.
The applicant shall continuously monitor for a period of 48 hours
at the complainant's property line. The applicant shall report the
findings to the Township and shall mitigate the problem to the allowable
level if the noise level exceeds the allowable rate.
E.
Exemption
from the standards established in this section may be granted by the
Township for good cause shown and upon written agreement between the
applicant, the Township, and affected property owners.
All provisions of the Municipalities Planning Code, which are
not specifically addressed herein, are hereby incorporated into and
made part of this chapter.
The applicant or any person performing work at his 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 $600, plus all court costs, including reasonable attorneys'
fees, engineering fees, expert fees and court costs 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.
