Planning and geologic studies have shown that there are few,
if any, solid mineral resources with the Borough's limits that could
reasonably be accessed by surface mining. Long wall or other subsurface
mining shall be a conditional use provided that the locations of any
air shafts or other mine openings are screened from adjacent property.
The purpose of these regulations is to regulate natural gas exploration
and extraction in the Borough with the purpose of protecting quality
of life, public health, safety and welfare.
Natural gas exploration and extraction in the Borough shall
be subject to the following definitions and standards.
The area of surface operations surrounding the surface location
of a well or wells.
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
A compressor engine facility designed and constructed to
compress natural gas that originates from an oil and gas well or collection
of such wells for continued delivery of oil and gas to a transmission
pipeline, distribution pipeline, processing facility, or storage facility
or field.
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 and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, re-drilling,
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. The definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions.
A bore hole drilled under a permit issued by the Department
of Environmental Protection for the purpose of or to be used for producing,
extracting or injecting any gas, petroleum or other liquid related
to oil or gas production or storage, including brine disposal, but
excluding bore holes drilled to produce potable water to be used as
such.
The location of facilities, structures, materials and equipment,
whether temporary or permanent, and necessary for or incidental to
the preparation, construction, drilling, production or operation of
an oil or gas well.
The drilling of multiple wells from a single location.
A well that is used for and in connection with the underground
storage of natural gas, including injection into or withdrawal from
an underground storage reservoir for monitoring or observation of
reservoir pressure.
The area used for development and production of oil and gas
including buildings and structures and all activities associated with
oil and gas well after drilling activities are complete.
Oil and gas development activity is a conditional use in the
P-1 District, and is a non-permitted use in other Borough districts.
A.
No oil or gas well site, natural gas compressor station, or natural
gas processing plant or an addition to an existing oil or gas well
site, natural gas compressor station, or natural gas processing plant
shall be constructed or located within the Borough of Edgewood unless
a zoning permit under this chapter has been issued by the Borough
to the owner or operator approving the construction or preparation
of the site for oil or gas development or construction of natural
gas compressor stations or natural gas processing plants.
B.
The permit application, or amended permit application, shall be accompanied
by a fee as established in the Borough of Edgewood fee schedule.
C.
When multiple wells are located on the same well pad, a separate
permit for each well is required.
D.
In addition to the other requirements to this chapter the applicant
shall provide to the Borough at the time of application will require
the following information:
(1)
A narrative describing an overview of the project including the number
of acres to be disturbed for development, the number of wells to be
drilled including DEP permit number(s) for all wells, if available,
at the time of submittal and provided when issued later, and the location,
number and description of equipment and structures to the extent known.
(2)
A narrative describing an overview of the project as it relates to
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 as determined by the County 911 addressing
program and information needed to gain access in the event of an emergency.
(4)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site shall
be provided to the Borough of Edgewood and all applicable emergency
responders as determined by the Borough. 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 Borough and all applicable Emergency Responders
as determined by the Borough of Edgewood.
(5)
A site plan of the oil or gas well site showing the drilling pad,
planned access roads, the approximate location of derricks, drilling
rigs, equipment and structures and all permanent improvements to the
site and any post construction surface disturbance in relation to
natural resources. Included in this map shall be an area within the
development site for vehicles to locate while gaining access to the
oil or gas well site configured such that the normal flow of traffic
on public streets shall be undisturbed.
(6)
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the oil or gas
well site. The plan will identify, but not be limited to gathering
lines, natural gas compressor stations, and other midstream and downstream
facilities located within the Borough and extending 800 feet beyond
the Borough boundary.
(7)
A site plan of the natural gas compressor station or natural gas
processing plant including any major equipment and structures and
all permanent improvements to the site.
(8)
A narrative and map describing the planned access routes to the well
sites on public roads including the transportation and delivery of
equipment, machinery, water, chemicals and other materials used in
the siting, drilling, construction, maintenance and operation of the
oil or gas well site.
(9)
Operator shall comply with any generally applicable bonding and permitting
requirements for Edgewood roads that are to be used by vehicles for
site construction, drilling activities and site operations.
(10)
A description of, and commitment to maintain, safeguards that
shall be taken by the applicant to ensure that the Borough of Edgewood
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 if dirt,
mud and debris occur as a result of applicant's usage.
(11)
A statement that the applicant will make the operation's Preparedness,
Prevention and Contingency Plan available to the Borough and all emergency
responders at least 30 days prior to drilling of an oil or gas well
and at least annually thereafter while drilling activities are taking
place at the oil or gas well site.
(12)
An appropriate site orientation and training course of the Preparedness,
Prevention and Contingency Plan for all applicable emergency responders
as determined by the Borough. The cost and expense of the orientation
and training shall be the sole responsibility of the applicant. If
multiple wells/well pads are in the same area (covered by the same
emergency response agencies), evidence from the appropriate emergency
response agencies that a training course was offered in the last 12
months shall be accepted. Site orientation for each well/well pad
shall still be required for the appropriate emergency responders,
as determined by the Borough.
E.
Access.
(1)
Vehicular access to a natural gas well, oil well or well pad solely
via a residential street is not permitted.
(2)
Vehicular access to a natural gas well, oil well or well pad via
a collector street is encouraged.
(3)
Accepted professional standards pertaining to minimum traffic sight
distances for all access points shall be adhered to.
(4)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PADOT) Highway Occupancy Permit Approval. Prior
to initiating any work at a drill site, the Borough of Edgewood shall
be provided a copy of the Highway Occupancy Permit.
(5)
Access directly to Borough/county roads shall require a Driveway
Permit/Highway Occupancy Permit prior to initiating any work at a
well site.
F.
Height.
(1)
Permanent structures associated with oil and gas well site, both
principal and accessory, shall comply with the height regulations
for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor stations
or natural gas processing plants shall comply with the height regulations
for the zoning district in which the natural gas compressor station
or natural gas processing plant is located.
(3)
There shall be an exception to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, pad drilling and other accessory uses necessary for the actual
drilling or re-drilling of an oil or gas well. The duration of such
exemption shall not exceed the actual time period of drilling or re-drilling
of an oil or gas well or pad drilling.
G.
Setbacks/location.
(1)
Drilling rigs and equipment shall be located a minimum setback distance
of one foot for every foot of height of equipment from any property
line, public or private street, or building not related to the drilling
operations on either the same lot or an adjacent lot.
(2)
Natural gas compressor stations and natural gas processing plants
shall comply with all general setback and buffer requirements of the
zoning district in which the natural gas compressor station or natural
gas processing plant is located.
(3)
Well pads shall be set back a minimum of 500 feet from any residential
property.
(4)
Well heads shall be located 800 feet from any residential property.
(5)
Recognizing that the specific location of equipment and facilities
is an integral part of the oil and gas development, and as part of
the planning process, operator shall strive to consider the location
of its temporary and permanent operations, where prudent and possible,
so as to minimize interference with Edgewood residents' enjoyment
of their property and future development activities as authorized
by the Borough's applicable ordinances.
H.
Screening and fencing.
(1)
Security fencing shall be required at oil or gas well sites during
the initial drilling, or re-drilling operations.
(2)
Twenty four-hour on-site supervision and security are required during
active drilling operations.
(3)
Upon completion of drilling or re-drilling security fencing consisting
of a permanent chain link fence shall be promptly installed at the
oil or gas well site to secure well heads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the oil or gas well site.
(4)
Security fencing shall be at least six feet in height equipped with
lockable gates at every access point and having openings no less than
12 feet wide. Additional lockable gates used to access oil and gas
well sites by foot may be allowed, as necessary.
(5)
First responders shall be given means to access oil or gas well sites
in case of an emergency. Applicant must provide the County 911 Communications
Center necessary information to access the well pad in the event of
an emergency.
(6)
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. During drilling and hydraulic
fracturing, clearly visible warning signage must be posted on the
pad site.
(7)
In construction of oil or gas well sites, the natural surroundings
should be considered and attempts made to minimize impacts to adjacent
properties.
I.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas 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 adjacent
properties.
(2)
Lighting at a natural gas compressor station or a natural gas processing
plant shall, when practicable, be limited to security lighting.
J.
Noise. The operator shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development:
(1)
Prior to drilling of an oil or gas well, the operator shall establish
a continuous seventy-two-hour ambient noise level at the nearest property
line of a residence or public building, school, medical, emergency
or other public residence or public facility, or 100 feet from the
nearest residence or public building, school, medical, emergency or
other public residence or public facility, whichever point is closer
to the affected facility. In lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, a default ambient noise level of
55 db. The sound level meter used in conducting any evaluation shall
meet the American National Standard Institute's standard for sound
meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
(2)
The operator shall provide documentation of any established, seventy-two-hour
evaluation, relied upon to establish an ambient noise level greater
than 55 dB, to the Zoning Officer within three business days of such
a request.
(3)
The noise generated during drilling and hydraulic fracturing activities shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation as identified in Subsection J(1) or default level, whichever is higher:
(a)
During drilling activities, by more than 10 decibels during
the hours of 7:00 a.m. to 9:00 p.m.
(b)
During drilling activities, by more than seven decibels during
the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels during
hydraulic fracturing operations. The operator shall inform the (Borough)
of which level (average ambient noise level or default level) is being
used.
(4)
All permanent facilities associated with oil and gas well sites,
including, but not limited to, natural gas compressor stations and
natural gas processing plants, shall meet the general noise requirements
of this chapter. Where a conflict exists the more stringent requirements
shall apply.
(5)
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards.
(6)
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels so as to prevent such activity from being
a nuisance to nearby residential or public buildings, medical, emergency
or other public facilities.
(7)
If a complaint is received by the Borough regarding noise generated
during construction, drilling, or hydraulic fracturing activities,
or for natural gas compressor stations, natural gas processing plants
or midstream facilities, the operator shall, within 24 hours following
receipt of notification, begin continuous monitoring for a period
of 48 hours at the nearest property line to the complainant's residential
or public building or 100 feet from the complainant's residential
or public building, school, medical, emergency or other public facilities,
whichever is closer. The applicant shall report the findings to the
Borough of Edgewood and shall mitigate the problem to the allowable
level if the noise level exceeds the allowable rate.
K.
As a condition of approval, applicant shall provide all permits and
plans from the Pennsylvania Department of Environmental Protection
and other appropriate regulatory agencies within 30 days of receipt
of such permits and plans. 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 shall be provided
to the Borough.
L.
Temporary housing for well site workers on the site is not permitted.
