[Added 11-6-2014 by Ord.
No. 2014-4]
The purpose of this article is to provide for the health, safety
and welfare of the residents of Carroll Township, through zoning and
floodplain management provisions, for the reasonable development of
land for oil and gas drilling while providing adequate health, safety
and general welfare protections of the Township's residents.
Oil and gas exploration, drilling and extraction operations involve
activities that are economically important and will impact the Township.
Accordingly, it is necessary and appropriate to adopt reasonable requirements
for oil and gas resource development so that these resources can be
obtained in a manner that is economically remunerative, and that minimizes
the potential impact of the residents of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, owner, operator, partnership, company, corporation
and its subcontractors and agents who has an interest in real estate
for the purpose of exploring or drilling for, producing, or transporting
oil or gas.
An occupied structure with walls and roof in which persons
live or customarily work. The term shall not include a barn, shed
or other storage building.
A public street or road which, in addition to providing access
to abutting lots, intercepts local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
A device used alone or in series to raise the pressure of
natural gas and/or byproducts to create a pressure differential to
move or compress a liquid, vapor or gas.
A facility designed and constructed to compress natural gas
and/or oil that originates from a single well site or a collection
of such well sites, operating as a midstream facility for delivery
of gas and/or oil to a transmission pipeline, distribution pipeline,
processing plant or underground storage field, including one or more
natural gas and/or oil compressors, associated buildings, pipes, valves,
tanks and other equipment.
The Department of Environmental Protection of the Commonwealth.
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
Digging or boring of a new well to explore, develop, or produce
oil, gas or other hydrocarbons, or to inject gas, water or any other
fluids or substances into the earth and in all cases any redrilling
therein.
The derrick, all parts and appurtenances to the structures,
every piece of apparatus, machinery, or equipment used, erected, or
maintained for use in connection with drilling.
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
The process of injecting water, customized fluids permitted
by law, sand, steam or gas into a gas well under pressure to improve
gas recovery.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
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 and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
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. The definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions, transmission pipelines,
truck hauling routes, or site restoration.
A pierced or bored hole drilled or being drilled in the ground
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
The location where 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. This definition also includes exploratory wells.
The person designated as the well operator on the permit
application or well registration.
A person, who owns, manages, leases, controls or possesses
an oil or gas well.
A protected structure is any full-time occupied residence,
school, religious institution or other existing building that may
be impacted by activity associated with oil and gas well development
and/or natural gas compressor station or processing plant.
A wall constructed around a site or object that assists in
the abatement of noise.
A well 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.
Any man-made object having an ascertainable stationery location
on or in land or water whether or not affixed to the land.
Subject to the provisions of this article:
A.
An oil or gas well site, or a natural gas compressor station or a
natural gas processing plant, or any similar facilities performing
the equivalent functions shall be considered a permitted use by right
within industrial and agricultural districts, and conditional use
in commercial and residential districts.
B.
An oil or gas well site which would be placed more than 500 feet
from any preexisting building or property line which is located off
the property where the oil and gas well is located is a permitted
use as a use by right within the industrial and agricultural districts,
and in the commercial and residential districts as a conditional use.
Otherwise, such siting and/or use shall be prohibited in residential
and commercial zones. Applicants must file a conditional use application
in the form as follows, and pay the required application and filing
fees to the Township. The Township recognizes that oil and gas drilling
is a phased operation that may span many months, and it is the intent
of this article to allow for the contemplated operation of oil and
gas drilling activities in the Township without imposing any unnecessary
hardship or delay on the operator. The applicant, so long as the information
is available, will provide the Township with detailed information
concerning its planned operations, drawings, permits obtained from
other county and state administrative departments, and a proposed
timeline for the development of the drill site. Township requests
the following information be included in the initial application for
a conditional use:
(1)
Exhibit "A" information.
(a)
A general list and description of all equipment weighing in
excess of 12 tons and identification of the proposed routing of vehicles
on Township roads.
(b)
Acknowledgment that all vehicles shall comply with applicable
OSHA and DOT regulations.
(c)
A copy of the applicant's preparedness, prevention and
contingency plan (PPC plan) must be filed with the Township by the
applicant/operator.
(d)
Outline of the orientation program for Township's first
responders.
(e)
Map showing the planned access route to the well site from public
roads.
(f)
A description of size and composition of the access road to
be installed to the drill site.
(g)
Information concerning trailers that will be located on site
with a general statement as to the number of individuals who may temporarily
reside in the trailers as well as detailed information concerning
water tanks and holding tanks for sewage.
(h)
Any information available to the applicant concerning open,
abandoned and unplugged well sites.
(i)
Location of centralized water impoundment (fresh water and flow
back).
(j)
Safety data sheet (SDS) must be submitted.
C.
Insofar as the conditional use application will overlap with other
zoning ordinances and requirements within the Township, all applications
for the relevant permits shall be consolidated under the oil and gas
drilling application, and the applicant must comply with the requirements
of all of the applicable ordinances in the Township.
D.
A natural gas compressor station or a natural gas processing plant
or any similar facilities performing the equivalent functions which
would be located more than 1,000 feet from any preexisting building
or property line which is located off the property where the natural
gas compressor station or the natural gas processing plant or any
similar facilities is located may be permitted in the agricultural,
residential or commercial zoning district(s) as a conditional use.
Otherwise, such siting and/or use shall be prohibited in residential
and commercial zones.
E.
The oil and gas drill sites shall only be permitted to occur on properties
per this article with a minimum of 10 contiguous acres or larger.
Multiple property owners can combine adjoining parcels to achieve
the minimum 10 acres required.
F.
Prior to beginning any work on a drill site, the applicant shall
submit to the Township a copy of all permits (General, ESCGP-1 and
2) issued by the Pennsylvania Department of Environmental Protection
(PA DEP). In addition, the Township shall be provided copies of all
plans (erosion and sedimentation control, grading, etc.) required
by PA DEP. All required permits shall be maintained throughout the
duration of the drilling operation. Any suspension or revocation of
permits by PA DEP shall be reported to the Township and shall constitute
a violation of Township zoning approval and may result in a suspension
or revocation of zoning approval.
A.
This article applies to all oil and gas sites, natural gas compressor
stations, and natural gas processing plants that will be permitted
or constructed after the effective date of this article.
B.
Oil and gas well sites, natural gas compressor stations, and natural
gas processing plants that were permitted or constructed prior to
the adoption of this article shall not be required to meet the requirements
of this article, provided that any modification to an existing or
permitted oil and gas well site that occurs after the effective date
of this article and materially alters the size, type, location, number
of wells and other accessory equipment or structures, or any physical
modifications to an existing natural gas compressor station or natural
gas processing plant shall require compliance with and a permit under
this article.
C.
Federal or state law or regulation preempts the Ordinance requirements
that conflict with federal or state statute or regulation. Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
A.
The applicant shall pay for land development, excavation and grading
permit fees as established by the Township Supervisors in the applicable
ordinances of the Township of Carroll's fee schedule, adopted
by resolution of the Township.
B.
The permit application or amended permit application shall be accompanied
by a fee as established in the Township's schedule of fees as
established by the Township in its ordinances or fee schedules adopted
by resolution.
C.
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 Township shall be provided
a copy of the highway occupancy permit.
D.
The applicant must provide the Township with a plan showing the proposed
truck routes to be utilized during the drilling operation. The proposed
hauling routes must be designed to minimize the impact on Township
roads. The Township reserves the right to designate reasonable required
truck hauling routes consistent with the Pennsylvania Motor Vehicle
Code and Pennsylvania Department of Transportation throughout the
Township. The Township shall consider all potential routes and, when
possible, designate routes that are the least intrusive to the Township,
its operation, and the general public. When determining the least
intrusive routes, the Township shall account for roadway jurisdiction,
traffic, physical characteristics/conditions, location of school bus
stops/routes, and the amount of residential units along potential
routes. Routes shall be coordinated with the school district to minimize
impact on peak school bus operation hours. Further, the applicant
shall show evidence that the truck drivers/subcontractors are aware
of and understand their relative sections of this article.
A.
Purpose. Before submitting an application, the applicant shall meet
with the Township Zoning Officer to determine the requirements of
and the procedural steps and timing of the applicant. The intent of
this process is for the applicant to obtain necessary information
and guidance from the Township Zoning Officer before entering into
any commitments or incurring substantial expenses with regard to the
site and plan preparation.
B.
Process. The preapplication conferences are intended for the benefit
of the applicant in order to address the required permit submittals
and are advisory only, and shall not bind the Township to approve
any application for a permit or to act within any time limit relative
to the date of such conference.
A.
The applicant shall provide to the Township at the time of permit
application:
(1)
A narrative describing an overview of the project including
the number of acres to be involved, the number of wells to be drilled,
and the location, number and description of equipment and structures
to the extent known, including proposed start and approximate completion
date.
(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 Township
or County for information of emergency responders.
(4)
The contact information for on site and off site of the individual
or individuals responsible for the operation and activities at the
oil or gas well site 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 providers.
(5)
A location map of the oil and gas well site showing 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 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 transportation of
personnel and/or development and use of the site. Such location shall
be configured to allow the normal flow of traffic on public streets
shall 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 siting, drilling, construction, maintenance
and operation of the oil or gas well site.
(8)
A certification or evidence satisfactory to the Township that,
prior to the commencement of any activity at the oil or gas well site,
the applicant shall have accepted and complied with any applicable
bonding and permitting requirements; and shall have entered into a
Township roadway maintenance and excess maintenance repair agreement
with the Township, in a form acceptable to the Township Solicitor,
regarding the maintenance and repair of the Township streets that
are to be used by vehicles for site construction, transportation,
drilling activities and site operations until operations are complete
at the site.
(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 if dirt, mud and
debris occur as a result of applicant's usage.
(10)
Verification that a copy of the operator's preparedness,
prevention and contingency plan has been provided to the Township
and all emergency responders.
(11)
A statement 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 be
required to hold not more than one site orientation and training course
for each well drilling at each site annually under this section.
(13)
A copy of the documents submitted to the department, or if no
document has 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.
(14)
A copy of all permits and plans from appropriate regulatory
agencies or authorities issued in accordance with environmental requirements.
(15)
A copy of all permits and plans from the appropriate regulatory
agencies or authorities issued in accordance with applicable laws
and regulations for the proposed use.
(16)
Submission of required fees.
(17)
A copy of the lease between owner and property owner with whom
the lease has been executed. If this lease Agreement is for any portion
of the land owners' property which is not the entire property,
a land subdivision will be required to be submitted and approved as
part of this conditional use approval.
(18)
Furnish a list to the Township of all subcontractors to be employed
on the job, including the contact person or persons, the addresses
and phone numbers of each. In addition, the applicant shall show evidence
that the truck driver/subcontractors are aware of and understand their
relative sections of this article.
(19)
Plans for restoring and reclaiming all involved areas following
discontinuance of the operations.
B.
Within 30 business days after receipt of a permit application and
the required fee, the Township Zoning Officer will determine whether
the application is complete and adequate and advise the applicant
accordingly.
C.
If the application is complete and fulfills the requirements of this
article as a permitted use by right, the Township Zoning Officer shall
issue a permit within 45 days following the date the complete application
was submitted. If the application is incomplete and/or inadequate
including failure to submit required fees, the Township Zoning Officer
will notify the applicant of the missing or inadequate material and,
upon receiving said material, issue or deny the permit within 45 days
following receipt.
D.
If the application is incomplete and/or inadequate, including failure
to submit required fees, the Municipality will notify the applicant
of the missing or inadequate material and, upon receiving said material,
issue or deny the permit within 45 days following receipt.
A.
Access.
(1)
The applicant must provide the Township with a plan showing
the proposed truck routes to be utilized during the drilling operation.
The proposed hauling routes must be designed to minimize the impact
on collector, connector and local streets within the Township. Hauling
routes shall consider limiting drilling traffic to one-way on narrow
roads. The Township reserves the right to designate required truck
hauling routes throughout the Township.
(2)
The applicant or owner of the oil or gas well and any or all
subcontractors shall execute an excess maintenance agreement with
the Township for a permit and post a bond in favor of the Township
in a form acceptable to the Township prior to beginning any work on
a drill site. The bond is to guarantee restoration of Township roads
damaged as a result of hauling associated with the drilling operation.
(3)
Accepted professional standards pertaining to minimum traffic
sight distances for all access points shall be adhered to.
B.
Structure height.
(1)
Permanent structures associated with an oil and gas 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 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.
(a)
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
(b)
Provided further the time period of such drilling and exemption
shall not exceed six months.
(c)
The operator shall give the Township prior written notice of
the beginning date for its exercise of the exemption.
C.
Setbacks.
(1)
Drilling rigs shall be located a minimum setback distance of
500 feet from any existing property line, or any public or private
street, or structures not related to the drilling operations on either
the same lot or an adjacent lot.
(2)
The drilling pad for the oil and gas well site shall be located
a minimum setback distance of 500 feet from any existing property
line, or any public or private street, or structures not related to
the drilling operations on either the same lot or adjacent lot, as
well as the buffer requirements of the zoning district in which the
oil or gas well site is located.
(3)
Natural gas compressor stations or natural gas processing plants
shall be located a minimum distance of 1,000 feet from any existing
property line, or any public or private street, or structures not
related to the station or plant as well as the buffer requirements
of the zoning district in which the natural gas compressor station
or natural gas processing plant is located.
(4)
A variance from the setback standards in this subsection may
be granted upon application to the Zoning Hearing Board if a plan
is submitted identifying additional measures, facilities or practices
to be employed during construction, drilling and operations to ensure
the safety and protection of affected persons and property as will
protect the waters of the commonwealth. The Zoning Hearing Board shall
be permitted to enact additional terms and conditions necessary to
ensure such protections and safeties.
(5)
Drilling pads, natural gas compressor stations or natural gas
processing plants shall be set back 500 feet from protected structures
or sites registered or eligible for registration on the National Register
of Historic Places, and 1,000 feet from public drinking water sources.
D.
Screening and fencing.
(1)
Security fencing shall not be required at oil or gas well sites
during the initial drilling, or redrilling operations, as long as
manned twenty-four-hour on-site supervision and security are provided.
(2)
Upon completion of drilling or redrilling, 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.
A completed fencing permit application with required fee shall be
submitted to the Carroll Township Zoning Office prior to installing
security fencing.
(3)
Security fencing shall be at least eight feet in height equipped
with lockable gates at every access point and having openings no less
than 12 feet wide.
(4)
Emergency responders shall be given means to access oil or gas
well site in case of an emergency.
(5)
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.
(6)
In construction of oil or gas well sites the natural surroundings
shall be considered and made to preserve existing trees and other
native vegetation.
E.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas drilling 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 within 100 feet of the oil or gas well development.
(2)
Lighting at a natural gas compressor station or a natural gas
processing plant shall, when practicable, be limited to security lighting.
(3)
Lighting and electrical shall be inspected according to the
Uniform Construction Code and National Electric Code Standards. A
permit shall be required for this.
F.
Noise.
(1)
The applicant shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development.
(2)
Prior to drilling of an oil or gas well or the operation of
a natural gas compressor station or a 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 or public building, school, medical,
emergency or other public facility, and 100 feet from the nearest
residence or public building, medical, emergency or other public facilities,
whichever point is closer to the affected residence or 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 article, a default ambient noise level of
55 dBA. 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 datum.
(3)
The applicant shall provide the Township Zoning Officer documentation
of the established ambient noise level prior to starting oil or gas
drilling and/or production operations.
(4)
The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in subsection (2) by more than:
(5)
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 facilities.
(6)
Exemption from the standards established in this subsection
may be granted by the Township during the drilling stage or at the
oil or gas well site, or the gas compressor station, or at the natural
gas processing plant for good cause shown and upon written agreement
between the applicant and the Township.
(7)
Complaints received by the Township Zoning Officer shall be
addressed by the applicant, within 24 hours following receipt of notification
by continuously 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 Township Zoning
Officer and shall forthwith mitigate the problem to the allowable
level if the noise level exceed the allowable rate.
(8)
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 that would otherwise exceed the ambient noise
level standards at residential or public buildings, medical, emergency
or other public facilities.
G.
Prohibitions.
(1)
Preparation of any well site or drilling of any well shall be
prohibited within a floodplain as defined on maps and flood insurance
studies provided by the Federal Emergency Management Agency (FEMA).
In any area where no FEMA maps or studies have defined the boundary
of the flood plain refer to defaults in Section 3215(f)(5) of Act
13, enacted in 2012, as amended.
(2)
The Township may grant a special exemption to this restriction
and allow oil and gas drilling within the one-hundred-year floodplain
if:
(a)
The applicant provides the Township documentation that the Department
of Environmental Protection has issued a waiver to this restriction
and that no other location allows access to the oil and gas deposit
other than a location within the floodplain.
(b)
An adequate emergency evacuation plan has been filed with the
Township.
(c)
There is no storage of chemicals within the floodplain, though
an exemption from this requirement may be granted by the Township
if the applicant can reasonably show that such storage will not potentially
cause harm to property, person or the environment in the case of a
one-hundred-year flood; and further provides security to remedy any
damage or injury that may occur.
(d)
Only structures that are necessary to any such operation shall
be permitted within the floodplain.
(e)
All structures within the floodplain shall be designed to withstand
a one-hundred-year storm event, and
(f)
An engineer registered in Pennsylvania and qualified to present
such documentation verifies that the structures will not cause additional
flooding on adjacent, upstream and/or downstream properties.
A.
A description of the character, appearance, timing and duration of
the proposed operation, including maps and plans showing the location
of the site, all access routes from public roads, and area and extent
of the proposed activity.
B.
The location and identity of all structures and land uses that will
or may be affected by the proposed operation, and measures that will
be taken to protect from adverse impacts of the proposed use.
C.
Plans for restoring and reclaiming all involved areas following discontinuance
of the operations.
D.
A description of plans for: transportation of materials and equipment
to construct the facility and procedures for repairing any damages
to the roads which may occur as a result of this activity.
E.
A description of how the proposed use and facility will meet all
applicable regulations concerning construction standards, sewage disposal,
water supply and fire protection.
F.
A site plan of the proposed facility showing all structures, facilities
accessways, fencing and screening provisions.
G.
The conditional use application hereunder must comply with the general
criteria for granting conditional uses as set forth in the Carroll
Township Zoning Ordinance as amended. Completed conditional use application
with required fee shall be submitted to Carroll Township Zoning Officer.
H.
If information required hereunder is not available at the time the
conditional use permit is issued, the applicant/owner will have a
continuing obligation to supplement the application with the required
information as it becomes available.
I.
The applicant of the oil or gas well shall execute an excess maintenance
agreement with the Township and post a bond in favor of the Township
in a form acceptable to the Township prior to beginning any work on
a drill site. The bond is to guarantee restoration of Township roads
damaged as a result of hauling associated with the drilling operation.
J.
Applicant shall ensure access road to the well site is prepared with
a proper grade stone material from a public street cart way no less
than 24 feet in width into the drill site. Impervious material from
the public street cart way 50 feet into the drill site. The impervious
material shall be in place prior to the commencement of the drilling
operation.
(1)
The first 50 feet from existing edge of pavement extending 50
feet into the site shall consist of the following material:
(2)
The roadway shall be in place prior to the commencement of the
drilling operation. applicant shall take the necessary safeguards
to ensure that the Township roads remain free of dirt, mud and debris
resulting from oil and gas development activities. If the access road
to the well site intersects with a Township road/street, a driveway
permit shall be obtained in accordance with Township requirements.
An off-street area for maintenance vehicles to park while waiting
for entrance to access road shall be provided that does not disrupt
the normal flow of traffic on the public street.
K.
The access driveway off the public road to the drill site shall be
gated at the entrance to prevent illegal access into the drill site.
The drill site assigned address shall be clearly visible on the access
gate for emergency 911 purposes. In addition, the sign shall include
the well name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency.
L.
Applicant shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with oil and gas development,
the applicant will provide flagmen to promote the safety of children
at or near schools or school bus stops and include adequate signs
and/or other warning measures for truck traffic and vehicular traffic.
M.
The maintenance and prompt repair of Carroll Township Board of Supervisors'
roads that may be damaged as a result of drilling operations is of
primary concern to the Township Supervisors and the residents of the
Township. Accordingly, the applicant shall be required to enter into
an excess road maintenance agreement as part of the conditional use
permit. Said agreement will be agreed to by applicant, the Township
Supervisors and Solicitor. The excess maintenance agreement shall
include but not be limited to the following:
(1)
Township will appoint a qualified inspector to make routine
inspection of the roads utilized by the applicant and its contractors.
(2)
The applicant will pay the inspector an hourly rate not to exceed
$100/hour plus ancillary costs, including mileage at the IRS rate.
(3)
The inspector's duties will include the following:
(a)
Inspect and document road conditions prior to site construction
and drilling activity.
(b)
Frequency of inspection will increase during rig movements and
mobilization, construction and drilling of well and during fracking
process.
(c)
Inspect road within 24 hours of a complaint by Township officials
or residents and submit written report to the Township and applicant.
(d)
Obtain written estimate of repair road damage created by drilling
activities, and provide the Township and applicant with copies as
soon as possible.
(e)
All damage reports and repairs will be documented by an inspection
report and before-and-after photographs.
N.
Before drilling, the Township shall ascertain whether the Township's
first responders have secured adequate information to deal with any
potential dangerous conditions that may result due to oil and gas
development activities. First responders shall have an on-site orientation
and be provided adequate awareness information. Upon request from
the Township, the applicant will, prior to drilling of an oil or gas
well, make available with at least 15 days' notice, at its sole
cost and expense, an appropriate site orientation for first responders.
Such site orientation shall be made available at least annually during
the periods when the applicant anticipates drilling activities in
the Township.
O.
Recognizing that the specific location of equipment and facilities
is an important and integral part of oil and gas development, the
applicant shall consider location of its temporary and permanent operations,
where prudent and possible, so as to minimize interference with Township
residents' enjoyment of their property and future Township development
activities as authorized by the Township of Carroll Zoning Ordinance
and Comprehensive Plan. The applicant shall buffer each well site
in accordance with the Subdivision and Land Development Ordinance
for the Township.[1]
P.
Adequate and appropriate lighting is essential to the safety of those
involved in oil and gas development. The applicant shall take steps,
to the extent practicable, to direct site lighting downward and inward
toward the drill site, wellhead, or other area being developed to
minimize glare on public roads and adjacent buildings within 300 feet
of the drill site, wellhead or other area being developed. Any material
stored outside an enclosed structure being used as an incidental part
of the primary operation shall be screened by opaque ornamental fencing,
walls or evergreen plant material in order to minimize visibility
if the storage area is readily visible from adjoining occupied residential
properties. Such material shall not be deemed to include operable
vehicles.
Q.
Dust, vibration, and odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors and
shall be in accordance with the best accepted practices incident to
drilling for oil or gas in urban/suburban areas. All equipment used
shall be constructed and operated so that vibrations, dust, odor or
other harmful or annoying effects are minimized by the operations
carried on at the drill site to avoid injury or annoyance of persons
living in the vicinity.
R.
In addition to the requirements in subsections above, for any oil
and gas well where the planned surface location of the well will be
within 500 feet of a structure registered or eligible for registration
on the National Register of Historic Places:
(1)
Install permanent safety fencing, at least six feet in height,
with green fabric mesh, around drilling and hydraulic fracturing equipment
and install permanent fall protection fencing meeting OSHA requirements
around any pits that contain or could contain water or other liquids
at depths greater than two feet.
(2)
Install warning signs providing notice of the potential dangers
at the well site.
(3)
The applicant shall provide at least one on-site company agent
24/7 at all times when a drilling rig or hydraulic fracturing equipment
is on the well site.
S.
Prior to the commencement of drilling activities, no construction
activities involving excavation of, alteration to or repair work on
any access road or well site shall be performed during the hours of
9:00 p.m. to 7:00 a.m. All oil and gas development, whether conducted
by applicant or its contractors and subcontractors, shall be subject
to all noise restrictions codified in the Township Zoning Ordinance.
In addition to complying with the Township ordinances, the applicant
must submit the following:
(1)
If deemed necessary, the Township may require acoustical blankets,
sound walls, mufflers or other alternative methods to ensure compliance
depending on the proximity of a proposed drill site to adjacent residential
properties. All drill site operations shall comply with the noise
and vibration performance standards set forth in the Carroll Township
Ordinances.
(2)
If a complaint is received by the Township from any person using
a protected structure, the applicant agrees to meet with the Township
officials as soon as practicable, to discuss mitigation or remedial
measures that can be taken.
(3)
All measurements of noise are to be made when the operation
is fully operational in accordance with ANSI Standards. Measurements
taken during breaks or machine idling periods are presumed to be invalid.
(4)
If a violation is found by the Township, the applicant must:
(a)
Immediately cease that operation which is producing noise in
excess of that permitted by Township ordinance until adjustments or
modification are made to bring the noise level within allowable limits
set forth in said ordinance; or
(b)
Obtain and provide to the Township an Agreement from the affected
property owner consenting to operator's exceeding the noise level;
or
(c)
Pay to the Township within seven days of completion of drilling
the sum of $1,000 for each day that said noise level is exceeded.
T.
Within 10 days of receiving a written request from the owner of a
property under which the applicant is conducting drilling operations,
the applicant shall provide to the requesting property owner a copy
of the well record and completion report, with attachments, as submitted
to DEP, along with the true sea-level elevation to exact point to
the well's location and the true sea-level elevation of the starting
point of measurement, if included in said report. The applicant will
honor other reasonable requests for drilling information.
U.
The applicant shall be responsible for and promptly pay all applicable
temporary construction trailer permit fees in advance of any such
construction trailer being placed at a drill site within the Township.
The applicant shall be responsible for and pay these fees regardless
of whether the construction trailers are owned by the applicant or
owned by any contractor or subcontractor. Only one permit fee shall
be required for a trailer used at multiple well sites during any six-month
period.
V.
In order to promptly resolve any complaints by Township residents
regarding the drilling or production operation conducted by the applicant
pursuant to this conditional use, the applicant will provide the Police
Department with primary and secondary telephone numbers at which the
applicant's representatives may be contacted and of these at
least two shall be available on a twenty-four-hour-per-day basis for
the purpose of receiving and resolving complaints made by Township
residents or the Township. A representative of the applicant must
respond to any noise complaint and be on site as soon as possible.
W.
If a Township resident is affected by the drilling or production
operations of the applicant, the resident and applicant shall make
a good faith effort to directly resolve or ameliorate the inconvenience
caused to the resident without intervention by the Township.
X.
Applicant will use its best efforts to eliminate odors caused by
drilling operations and will consider installation of oxidizer systems
or similar equipment at or near the drill site.
Y.
After the drilling operation is complete, the drill operator shall
remediate and reclaim the site as required by DEP regulations.
Z.
The conditional use permit for oil and gas drilling shall be subject
to the following conditions and/or standards:
(1)
An oil or gas well shall not be located closer than 500 feet
from a residential dwelling or from any property line or right-of-way.
(2)
An oil or gas well shall provide fencing and shrubbery around
perimeter of the pump head and support frame.
(3)
Additional conditions may be attached pursuant to this section,
in order to protect the public's health, safety and welfare.
These conditions may include but are not limited to increased setbacks.
Any owner, operator, or other person who violates or permits
a violation of this article upon being found liable therefor in a
civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Township a fine of not more than $1,000 plus all
court costs, including, but not limited to, reasonable attorney's
fees incurred by the Township on account of such violation. No penalty
or cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as a judgment by the Township without
further judicial proceedings. 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 shall be required of the Township
if the Township seeks injunctive relief.
