[HISTORY: Adopted by the Board of Supervisors of the Township
of Raccoon 3-12-2013 by Ord. No.
2013-1. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 185.
The purpose of this chapter is to provide adequate protections
for the health, safety and general welfare of the residents of Raccoon
Township while allowing for the reasonable development of land for
oil and gas exploration and operations. Oil and gas exploration, drilling
and extraction operations involve activities that are economically
important, but which will also have a significant impact upon the
lands and the residents of Raccoon Township. Accordingly, it is necessary
and appropriate to adopt reasonable measures for oil and gas resource
development so that these resources can be utilized in a manner that
is economically remunerative, preserves the character of all zoning
districts, encourages beneficial and compatible land uses and that
minimizes the potential impact of this land use on the residents of
Raccoon Township. In adopting this chapter, it is recognized that
the newly enacted Pennsylvania Act 13 preempts and supersedes virtually
all of the Township's traditionally sovereign power to properly
monitor land uses through zoning regulations. The effect of Act 13
was a preemption of Ordinance 3-2011. Consequently, it is intended
that this chapter be interpreted to conform to and in no way conflict
with the requirements of Act 13.
Those definitions that are set forth in Act 13 are incorporated
herein by reference with the same force and affect as though fully
set forth at length herein. To the extent that any of these definitions
conflict with those set forth in Act 13, the Act 13 definition shall
control. Accordingly, the foregoing definitions shall apply to this
chapter only:
Any person, owner, operator, partnership, company, corporation
and/or its subcontractors and agents who has an interest in real estate
for the purpose of exploring, drilling for, producing, or transporting
oil or gas.
An occupied structure with walls and roof within 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 other collector streets or state roads
and provides a route for carrying 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 by-products 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 Pennsylvania Department of Environmental Protection.
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.
Any digging or boring of a new well or reworking of an existing
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 in accordance with a valid permit issued by the Pennsylvania
Department of Environmental Protection (PADEP) under the provisions
of Act 13 as now or hereafter amended.
The derrick, all parts and appurtenances to such structure
and every piece of apparatus, machinery or equipment used, erected
or maintained in connection with oil and gas drilling, as defined
herein.
The area of surface operations surrounding the surface location
of a wellhead or wellheads extending only to the heel of the pad.
Such area shall not include an access road to the drilling pad.
The date upon which this chapter is approved by the Board
of Supervisors of Raccoon Township.
The process of injecting water, customized fracking fluid,
steam, or gas into an oil or gas well under pressure to break apart
rock layers in order to release gas and improve recovery of gas in
accordance with a valid permit issued by the Pennsylvania Department
of Environmental Protection (PADEP) under the provisions of Act 13
as now or hereafter amended.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
A facility that is not a compressor station that receives
natural gas and associated hydrocarbons from a gathering line system
serving one or more well sites that compresses, condenses, pressurizes
or otherwise treats natural gas and which removes water and water
vapor and/or separates materials such as ethane, propane, butane and
other constituents or similar naturally occurring 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, including, but not limited to: cooling facilities, storage
tanks and related equipment and facilities.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, ethane, butane, pentane, hexane, nitrogen and/or any other
constituents or similar substances that are produced by drilling an
oil or gas 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 or drilling pad; water and other fluid storage,
impoundment and transportation used for such activities; the installation
and use of all associated equipment, derricks, 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 - all in accordance with a valid
permit issued by the Pennsylvania Department of Environmental Protection
(PADEP) under the provisions of Act 13 as now or hereafter amended.
This definition does not include gathering, transmission and distribution
pipelines or compressor stations or natural gas processing plants
or facilities performing the equivalent functions.
The removal of oil and gas resources from the ground by means
of drilling, as defined herein, in accordance with a valid permit
issued by the Pennsylvania Department of Environmental Protection
(PADEP) under the provisions of Act 13 as now or hereafter amended.
Oil and gas drilling, as defined herein, drilled to depths
deeper than the base of the Elk Sandstone or its stratigraphic equivalent
for the sole purpose of exploring the Marcellus Shale.
Oil and gas drilling, as defined herein, drilled to depths
shallower than the base of the Elk Sandstone or its stratigraphic
equivalent and any well site that proposes drilling of a single well
for no more than seven consecutive days total in any calendar year.
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling, as defined herein,
located on properties within the unit for a particular well site,
but that are not included in the actual well site, including, but
not limited to: horizontal drilling and hydraulic fracturing zones,
underground gathering and transmission pipelines established in accordance
with Public Utility Commission (PUC) guidelines, water distribution
lines and similar underground facilities incidental to oil and gas
development.
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 the structure that is placed over the opening
upon completion of drilling and that is maintained during production
in accordance with a valid permit issued by the Pennsylvania Department
of Environmental Protection (PADEP) under the provisions of Act 13
as now or hereafter amended.
Any person, partnership, company or corporation and/or its
subcontractors and agents who have an interest in real estate for
the purpose of exploring, drilling for, producing or transporting
oil or gas.
A person who owns, manages, leases, controls or otherwise
holds an interest in or possesses an oil or gas well site.
Any occupied residence, business, school, church or public
building located within 1,000 feet of an oil or gas well, as defined
herein, that may be adversely affected by noise generated from the
drilling or hydraulic fracturing at the well site, as defined herein,
excluding any structure owned by an oil or gas lessor who has signed
a lease with the operator granting surface rights to drill the subject
well or whose owner or occupants have signed a waiver relieving the
operator from complying with the noise abatement provisions of this
chapter.
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.
Township of Raccoon.
Township of Raccoon Board of Supervisors, or other designated
agent of the Township.
An open, earthen receptacle in the ground intended to store
fresh water or wastewater to supply one or more oil and gas drilling
well sites.
All of the area occupied by the drilling equipment, as defined
herein, and all surface facilities, structures, water and other fluid
storage impoundments and storage tanks and associated equipment including
tanks, meters and other permanent or temporary structures and equipment
incidental to oil and gas drilling, as defined herein, including facilities
and equipment necessary for site exploration, preparation, site construction,
drilling, hydraulic fracturing, site restoration, production and operation
of the well upon completion of drilling.
The work performed in a well after its completion in an effort
to secure production where there has been none, restore production
that has ceased, or increase production.
A.
Oil and gas development, in accordance with the mandate of Act 13,
shall be a permitted use in all zoning districts with the following
exceptions:
(1)
No portion of a well site shall be located in a residential district
where the wellhead is closer than 500 feet from an existing building.
(2)
No portion of a well site shall be located in a residential district
where the outer edge of the well pad is closer than 300 feet from
an existing building.
(3)
Oil and gas operations or development, other than the placement,
use and repair of oil and gas pipelines, water pipelines, access roads
or security facilities, may not take place within 300 feet of an existing
building.
(4)
Water impoundments are permitted uses in all zoning districts provided
that the edge of any impoundment area shall not be located closer
than 300 feet from an existing building.
(5)
Well and pipeline location assessment operations, including seismic
operations and related activities shall be conducted in accordance
with all applicable federal and state laws and regulations relating
to the storage and use of explosives.
B.
Natural gas compressor stations, in accordance with the mandate of
Act 13, shall be a permitted use in the General Agricultural District
(A-1) and as conditional uses in all other zoning districts but only
if the compressor station meets the following requirements:
(1)
The compressor station is located 750 feet or more from the nearest
existing building or 200 feet from the nearest lot line, whichever
is greater, unless a written waiver release is obtained from the owner
of the building or adjoining lot; and
(2)
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.
C.
Natural gas processing plants, in accordance with the mandate of
Act 13, shall be a conditional use in the General Agricultural (A-1)
District but only if the processing plant meets the following requirements:
(1)
The processing plant is located 750 feet or more from the nearest
existing building or 200 feet from the nearest lot line, whichever
is greater, unless a written waiver release is obtained from the owner
of the building or adjoining lot; and
(2)
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.
D.
Conditional use approval. Where applicable, conditional use approval
must be obtained from the Township. The Township shall schedule a
conditional use hearing in accordance with the Pennsylvania Municipalities
Planning Code[1] and shall, following hearing, render a decision on the
application in accordance with this chapter. The applicant shall bear
the burden of persuasion to demonstrate that any proposed conditional
use will not have a detrimental effect on the health, safety and welfare
of the residents of Raccoon Township or the applicant shall accept
such conditions necessary to eliminate said detrimental effects in
order to obtain conditional use approval. The proposed conditional
use must be harmonious with and in accordance with the general objectives
or with any specific objective of the Township's Comprehensive
Plan; will be designed, constructed, operated, and maintained in a
commercially reasonable manner so as to be harmonious and appropriate
in appearance with the existing or intended character of the general
vicinity and will not change the essential character of the same area;
will not be hazardous to existing neighboring uses; will be served
adequately by essential facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal,
water and sewer; or the persons or agencies responsible for the establishment
of the proposed use shall be able to adequately provide any such services;
will not create excessive additional requirements at public expense
for public facilities and services and will not be detrimental to
the economic welfare of the community; will not involve uses, activities,
processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare
or odors; will have vehicular approaches to the property which shall
be designed so as not to create undue interference with traffic on
surrounding public thoroughfares; will not result in the destruction,
loss or damage of a natural, scenic, or historic feature of significant
importance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
This chapter applies to all oil or gas well developments and operations,
natural gas compressor stations and natural gas processing plants
that will be explored or constructed after the effective date of the
chapter. No oil or gas well or exploration of same of any type or
nature shall be dug or drilled, nor shall any work in preparation
therefor be commenced within the boundaries of Raccoon Township unless
and until the owner or operator of such operation makes application
for a zoning permit in conformity with this chapter.
B.
Oil or gas well sites, developments, compressor stations and processing
plants that were permitted or constructed prior to the adoption of
this chapter shall not be required to meet the requirements of this
chapter; provided that any modification to an existing or permitted
oil or gas well site that occurs after the effective date of this
chapter and materially alters the size, type, location, or other accessory
equipment or structures, or any physical modifications to an existing
compressor station or natural gas processing plant shall require compliance
with and approval pursuant to the provisions of this chapter. Pending
zoning applications shall not be required to comply with repealed
Ordinance 3-2011, but shall instead comply with the provisions of
this chapter.
C.
Raccoon Township hereby acknowledges that it is pre-empted from regulating
the operational methods of the oil and gas industry and may only regulate
land uses in accordance with Pennsylvania Act 13.
D.
All activities conducted in association with and as a part of any
oil or gas well sites shall be in accordance with the Commonwealth
of Pennsylvania Oil and Gas Act 13, as amended, and any other applicable
federal, state and county laws as well as applicable Township ordinances.
Additionally, in accordance with Act 13, any environmental acts that
regulate oil and gas operations occupy the entire field relative to
said regulation and therefore may not be regulated by Raccoon Township.
E.
Subterranean or subsurface operations or facilities shall not require
an application or zoning permit as such uses are not the subject of
zoning regulation. Notwithstanding, such operations must be done in
accordance with a valid permit issued by the Pennsylvania Department
of Environmental Protection (PADEP) under the provisions of Act 13
as now or hereafter amended. Permits for crossing or disturbance of
any commonwealth or Township street shall be required.
A.
Owners, operators and applicants must submit a zoning application
in order to obtain a zoning permit for any oil and gas development,
natural gas compressor station or natural gas processing plant. Applicants
shall have the duty to supply information indicating compliance with
the specific provisions set forth in this chapter as well as Act 13.
A summary of these requirements is attached hereto marked Exhibit
A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
B.
The permit application, or modification permit application, shall
be accompanied by a fee in the amount of $1,000 which may, from time
to time, be amended by resolution. The applicant shall promptly pay
any additional fees or costs incurred by the Township that exceed
this fee as allowable under the Pennsylvania Municipalities Planning
Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Any modification to an existing and permitted oil or gas well site,
compressor station or processing plant that materially alters the
size, location, accessory equipment or structures, or any physical
modification to an existing compressor station or natural gas processing
plant shall require a modification of the permit under this chapter.
Like-kind replacements shall not require a permit modification.
A.
Purpose. Before submitting a zoning application, the applicant is
strongly encouraged to meet with the Township staff and Planning Commission
to review the application for completeness in accordance with this
chapter. The intent of this process is for the applicant to obtain
necessary information and guidance from the Township staff before
entering into any commitments or incurring substantial expenses with
regard to the site and plan preparation. It is further intended that
this conference will obviate the requirement of the Pennsylvania Municipalities
Planning Code for submission and review of a land development plan
by the Planning Commission as Act 13 does not expressly address this
requirement.
B.
Process. A preapplication conference is voluntary on the part of
the applicant and shall not be deemed the beginning of the time period
for review as prescribed by law. 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 application
the following:
(1)
A narrative describing an overview of the project including the number
of acres to be involved, the number of wells to be drilled, location,
number and general description of equipment and structures to be involved.
(2)
A narrative describing an overview of the project as it relates to
compressor stations or natural gas processing plants, if applicable.
(3)
The address of the oil or gas well site, compressor station or natural
gas processing plant as determined by the Township or county for information
of emergency responders. A 9-1-1 address or GPS coordinates should
be assigned to the location.
(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 Township and all appropriate emergency responders
and well control specialists. 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 appropriate emergency responders.
(5)
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, wellheads, water impoundments,
equipment and structures including temporary housing trailers and
all permanent improvements to the site and any postconstruction surface
disturbance in relation to natural and other surroundings including
roads and designated parking areas.
(6)
A location map of any proposed compressor stations or natural gas
processing plants including any equipment and structures and all permanent
improvements to the site.
(7)
A narrative and map describing the manner and routes over Township
roads for the transportation and delivery of equipment, machinery,
water, chemicals and other materials used in the siting, exploration,
drilling, construction, development, maintenance and operation of
the oil or gas well site.
(8)
A roadway excess maintenance agreement may be required along with
a road plan and appropriate bonding if it is determined that the use
is likely to cause damage to Township roads in accordance with Title
75 Pa.C.S.A. § 4901 et seq. and the Pa. Code Chapter 189
relative to hauling in excess of posted weight limits.
(a)
The road plan shall show the proposed Township routes of all
vehicles to be utilized for hauling and the estimated weights of those
vehicles. The applicant shall show evidence of compliance with designated
weight limits on Township roads, unless a bond and a maintenance agreement
has been entered into to assure road damage repair. The applicant
shall design the hauling routes to minimize the use of and impact
upon Township roads wherever feasible.
(b)
The road plan shall indicate that intersections along proposed
hauling routes provide a sufficient turning radius for vehicles to
be utilized for hauling, such that all turns can be safely made without
damage to vehicles, sidewalks or curbs.
(c)
The Township Engineer shall review the road plan and proposed
routes provided by the applicant and reasonably determine whether
preventive measures, such as shoring of bridges or putting protective
mats over utility lines, should be taken to prevent damage to Township
roads, bridges or utilities. If such preventive measures are recommended,
the applicant shall install such protective measures as directed by
the Township Engineer prior to beginning operations.
(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 operation's preparedness,
prevention and contingency plan has been provided to the Township
and all emergency responders and well control specialists. The applicant
must supply the name and address of the well control specialists assigned
to the subject well. Emergency responders are to be held harmless
and indemnified by the applicant when acting in accordance with the
emergency response plan. The applicant is responsible to reimburse
all costs associated with emergency responders. A statement that the
applicant, upon changes occurring to the operation's preparedness,
prevention and contingency plan, will provide to the Township and
all appropriate 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. Assurance that, at least
30 days prior to drilling and annually thereafter if requested by
the Township, the applicant shall provide an appropriate site orientation
and training course of the preparedness, prevention and contingency
plan for all appropriate emergency responders. The cost and expense
of the orientation and training shall be sole responsibility of the
applicant. The applicant shall not be required to hold more than one
site orientation and training course annually under this section.
(11)
A soil erosion and sedimentation control plan, in conformance
with the requirements of the Beaver County Conservation District,
must be submitted along with obtaining a grading and excavating permit
from the Township as well as the execution of a stormwater best management
practices agreement between the applicant and the Township in accordance
with Township ordinances.
(12)
At such time as the site is to be rehabilitated or reclaimed,
a plan shall be submitted indicating permanent roads, buildings, structures,
equipment, streams or other watercourses, impoundments, drainage and
stormwater facilities and utility lines, both gas (gathering, transmission
and distribution) and electric.
(13)
A certification from the applicant that the intended use is
in compliance with the requirements of Act 13 and all environmental
acts that regulate any portion of the proposed oil or gas operation.
B.
Time period for review. Upon the submission of a complete application
documenting compliance with all provisions of this chapter, the Township
shall have a period not to exceed 30 days for permitted use applications
and 120 days for conditional use applications to review and approve
said application.
C.
If the application is incomplete and/or inadequate the Township will
notify the applicant within 10 days of the missing or inadequate material.
The time period for review shall not commence to run until a complete
application is submitted.
D.
All commonwealth and federal requirements associated with oil and
gas well development must be followed at all times and, upon request,
permits associated with those requirements shall be supplied to the
Township. Conditional use approval shall be indefinitely conditioned
upon the applicant maintaining valid commonwealth and federal operating
permits. The applicant shall immediately notify the Township of the
suspension, modification or revocation of any such permits as any
such action will effectively revoke the zoning permit issued hereunder.
A.
Access.
(1)
There shall be adequate area on the development site for staging
trucks waiting to make deliveries or service to the site that does
not unreasonably disrupt the normal flow of traffic on any public
street or roadway.
(2)
Accepted professional standards pertaining to minimum traffic sight
distances for all access points to public roads shall be followed.
(3)
The access road to the well site shall be required to be improved
and maintained before entering Township or state roads in such a manner
that no excess water, sediment or debris will be carried onto any
public streets or roadways.
(4)
Any newly established private easements/roadways constructed on the
parcel containing the well site for the purpose of serving the well
site shall be located at least 25 feet from any property line unless
consent is obtained from the adjoining property owner. Existing easements/roadways
shall be exempt from the requirement to obtain consent from adjoining
property owner. The Township, at its discretion, may permit a permanent
easement/roadway to be located closer than 25 feet from any property
line upon showing by the applicant that the location of such easement/roadway
cannot otherwise be constructed as required due to topographical,
environmental constraints or other significant hardship.
(5)
Compliance with the commonwealth's ESCGP-1 permitting process
shall be supplied.
B.
Structure height.
(1)
Permanent structures associated with an oil and gas well site, both
principal and accessory, including compressor stations and processing
plants, shall comply with the respective height regulations for a
use in an Agricultural Zoning District.
(2)
There shall be an exemption to the height restrictions contained
in this section for the temporary placement of drilling rigs, derricks,
drying tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well with the following conditions:
(a)
The duration of such exemption shall not exceed the actual time
period of active drilling or redrilling of an oil or gas well.
(b)
The time period of such drilling and exemption shall not exceed
six months unless extended in writing as necessary and reasonable
upon request of the applicant.
(c)
The operator shall give the Township prior written notice of
the beginning date for its exercise of the exemption.
C.
Setbacks.
(1)
Setbacks with regard to buildings, water wells, surface water intake
points, reservoirs or other water supply extraction points used by
a water purveyor, streams, springs, wetlands and other bodies of water
are governed by Act 13 which preempted all local regulations relative
to setbacks. See attached Exhibit A[1] for applicable setbacks under Act 13.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
(2)
Drilling vertical well bores, compressor stations and natural gas
processing plants shall be set back 500 feet from buildings or sites
registered or eligible for registration on the National Register of
Historic Places or the Pennsylvania Register of Historic Places.
(3)
Drilling vertical well bores, compressor stations and natural gas
processing plants shall be set back 500 feet from all the edge of
any area designated as a landfill containing hazardous substances.
D.
Fencing and screening.
(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 being 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 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.
Fencing is not required as long as twenty-four-hour on-site supervision
and security are being provided.
(3)
Adequate security fencing shall be constructed in accordance with
existing zoning ordinance provisions relative to fencing in an Agricultural
District.
(4)
Warning signs shall be placed on the fencing surrounding the oil
or gas well site providing notice of the potential dangers and the
relevant contact information in the event of an emergency.
(5)
In construction of oil or gas well sites the natural surroundings
should be considered and measures taken to preserve existing trees
and other native vegetation to promote and utilize natural screening.
(6)
Water impoundment areas containing fresh or wastewater shall be protected
by fencing. Fencing shall be constructed in accordance with existing
zoning ordinance provisions relative to fencing in an Agricultural
District.
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 500 feet of the oil or gas well development.
(2)
Lighting at a compressor station or a natural gas processing plant
shall, when practicable, be limited to security lighting and 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 500 feet of the station or plant.
F.
Noise. Township recognizes and acknowledges that oil and gas development,
compressor stations and processing plants are customarily accompanied
by inherent noise. However, the operator shall take the following
steps to minimize, to the extent practicable, the noise resulting
therefrom:
(1)
Prior to the application submittal, the applicant shall establish
a continuous seventy-two-hour ambient noise level at the nearest protected
structure property line or 100 feet from the nearest protected structure
(as measured to the closest exterior point of the building), whichever
is closer to the protected structure. 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 applicant shall provide documentation of any established, seventy-two-hour
evaluation, relied upon to establish an ambient noise level to the
Township's Zoning Officer within three business days of such
a request from the Zoning Officer.
(3)
If it is determined that any residents, regardless of their status
of residing or working in a protected structure, may be adversely
affected by the noise at the site, the Township may require that noise
abatement measures be implemented including, but not limited to, the
erection of sound walls around the site.
(4)
If a complaint is received by the Township from any person, whether
a resident or otherwise using the protected structure as defined herein
for any lawful purpose, regarding noise generated from the site, the
operator shall, within 24 hours of receipt of the complaint from the
Township, continuously monitor for a forty-eight-hour period at a
point which is the closer to the complainant's building of:
(5)
If the operator engages in any noise testing as required by this
chapter, it will provide preliminary data to the Township no later
than 10 business days following completion of the noise testing. Once
the monitoring is complete, operator will meet with Township representatives
and affected residents to discuss whether additional abatement measures
are warranted.
G.
Floodplains. Oil and gas drilling in the one-hundred-year floodplain
is governed by Act 13 which preempts local regulation.
H.
Dust.
(1)
Oil and gas operations shall not create noxious dust so as to create
a nuisance. Owners and operators shall take the necessary safeguards
to ensure appropriate dust control measures are in place. Exhaust
from any internal combustion engine or compressor used in connection
with the drilling of any well or for use on any production equipment
or used in development shall not be discharged into the open air unless
equipped with: i) an exhaust muffler; or ii) an exhaust box. The exhaust
muffler or exhaust box shall be constructed of noncombustible materials
designed and installed to suppress noise and disruptive vibrations.
Moreover, all such equipment with an exhaust muffler or exhaust box
shall be maintained in good operating condition according to manufacturer's
specifications.
(2)
The emissions of dust, smoke, refuse matter, odor, gas, fumes or
similar substances or conditions which can endanger the health, safety
or general welfare or which can cause any soiling or staining of persons
or property at any point beyond the property line of the use creating
the emission is prohibited as a nuisance. Dust control measures shall
be used to stabilize soil from wind erosion and to reduce dust generated
from drilling or site activities, including:
(a)
Stabilize exposed soils using vegetation, mulching, spray-on
adhesives, calcium chloride, sprinkling, and stone and gravel layering.
(b)
Stabilize unpaved haul roads, parking and staging areas within
the site.
(c)
Minimize the impact of dust by anticipating the direction of
prevailing winds.
(d)
Direct construction and commercial vehicle traffic to stabilized
roadways within the site.
(e)
Pave, vegetate, or chemically stabilize access points where
unpaved traffic surfaces adjoin paved public streets.
(f)
Provide for wet suppression or chemical stabilization of exposed
soils.
(g)
Provide for rapid cleanup of sediments deposited on paved roads.
(h)
Furnish vehicle wash down areas.
(i)
Impose 10 miles per hour or less vehicle speed and reduce trips
on unpaved roads on the site.
(j)
Implement dust control measures for material stockpiles.
(k)
Stabilize abandoned construction/staging areas on site using
vegetation or chemical stabilization methods.
(l)
A dust control plan shall be submitted with the application.
I.
Workers. A worker, agent, contractor or employee connected with an
oil or gas operation shall be prohibited from residing and living
on the site for more than two consecutive weeks at a time during active
drilling operations. Once active drilling has ceased no person shall
be permitted to reside on the site.
J.
Water impoundments. Water impoundments are governed by Act 13 which
preempts local regulation with the exception that all water impoundments
must be completely enclosed with fencing in accordance with Township
for fencing in an Agricultural District. Sediment and hydraulic fracturing
wastewater may only be disposed of in accordance applicable state
and federal standards for disposal of hazardous materials.
K.
Odor. Owners or operators shall take all necessary precautions to
minimize odors during the drilling or hydraulic fracturing process
as well as at compressor stations and processing plants. If odors
resulting from such operations result in creating a nuisance, the
owner or operator shall upon request of the Township meet with the
affected person(s) and implement where warranted and required effective
odor control measures.
L.
Traffic. Owners or operators shall take all necessary precautions
to ensure the safety of persons in areas established for road crossing
and/or adjacent to roadways, i.e., persons waiting for public or school
transportation, crosswalks, etc. Where necessary and permitted, during
periods of anticipated heavy or frequent truck traffic associated
with the development, owners or operators will provide flagmen to
ensure 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. In the alternative, owners or operators,
with the Township's consent and agreement, will reimburse the
Township to provide such required safety measures. Operator will coordinate
its efforts with the school district so as to minimize heavy truck
traffic during the hours when school buses are picking up or dropping
off children.
M.
Brush. Owners or operators shall not clear brush by way of burning
and shall not cut trees, chip, grind or remove tree stumps or limbs
from properties it clears for development purposes unless done so
in conformity with Township ordinances including ordinances pertaining
to timber or logging operations.
N.
Hours of operation. Hours of operation for drilling, assembly and
disassembly of drilling rigs, compressor stations and processing plants
are governed by Act 13 which preempts local regulation. Hours of construction
during site grading, preparation of installation of roads, drilling
pads, water impoundments, noise barriers and related facilities shall
be 7:00 a.m. to 7:00 p.m.
O.
Public meeting. Applicants are encouraged but not required, prior
to commencement of drilling activities at the site, to collectively
meet with the operator, Township, abutting and affected property owners,
representatives of the school district and public safety officials
to address concerns regarding any of the requirements set forth in
this chapter or Act 13.
P.
Emergencies. If a spill, fire or other violation of any federal,
state or local law occurs at the drill site, compressor station or
processing plant in the Township by operator or its subcontractors,
operator will notify the Township immediately, in all circumstances
not later than 24 hours after the incident occurred or, if the incident
is ongoing, not later than 24 hours after it began.
Q.
Exceptions. Coal bed methane and conventional oil and gas well drilling
and completion activities, i.e., those wells drilled to depths shallower
than the base of the Elk Sandstone or its stratigraphic equivalent,
and such oil and gas wells that are planned to involve drilling of
a single well on a well site for no more than seven consecutive days
total in any calendar year can request a waiver from the Township
from any condition set forth herein, if in the sole discretion of
the Township, the conditions are not necessary to protect the health,
safety and welfare of the residents.
Any owner, operator, or other person who violates or permits
a violation of this chapter 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 $500, 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.
If any chapter, section, subsection, paragraph, sentence or
phrase of this chapter is for any reason declared invalid by a court
of competent jurisdiction, such decision shall not effect the validity
of the chapter as a whole or any section or part thereof other than
the section or part thereof so declared to be invalid.
Any ordinance, chapter, section, subsection, paragraph, sentence
or phrase of any ordinance conflicting with the provisions of this
chapter shall and the same is hereby repealed to the extent of such
conflict.
