[Added 10-17-2011 by Ord.
No. 2011-004]
A.
The purpose
of this article is to provide, 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 for Township 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 both economically feasible and minimizes the potential impact on
the residents of the Township.
As used in this article, the following terms shall have the
meanings indicated:
Any person, owner, operator, partnership, company, corporation,
their subcontractors or agents who has an interest in real estate
for the purpose of exploring or drilling for, producing, or transporting
oil or gas.
North East Township Board of Supervisors.
An occupied structure with walls and roof in which persons
live or customarily work.
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.
The Department of Environmental Protection of the commonwealth
or its successors.
The area of surface operations surrounding the surface location
of a well or wells.
Ambulance, rescue and fire departments and emergency management
coordinators providing services in North East Township.
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, 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 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.
The drilling of multiple wells from a single location.
Any occupied residence, commercial, business, school, religious
institution or other public building, including structures such as
garages and barns or other accessory buildings and structures, which
may be impacted by noise generated from drilling or other activity
at a well site. The term shall not include any structure owned by
an oil and gas lessor who has signed a lease with the operator granting
surface rights to drill the subject well, or whose owner (or occupants)
has (have) signed a waiver.
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.
North East Township, Erie County, Pennsylvania.
The area used for development and production of oil and gas
including buildings and structures and all activities associated with
an oil and gas well after drilling activities are complete.
The North East Township Zoning Officer.
A.
This article applies to all oil and gas well sites, natural gas compressor
stations, and natural gas processing plants 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 or gas well site that occurs after the effective date
of this article and materially alters the size, type, location, number
of wells and/or other accessory equipment or structures, or any expansion
(capacity or footprint) to an existing natural gas compressor station
or natural gas processing plant shall require compliance with and
a permit under this article.
Subject to the provisions of this article and this chapter,
the following are applicable:
A.
Shallow oil and gas wells of 1,500 feet or less located not less
than 100 feet from a road or property line and intended to provide
gas for use on the property or adjacent properties shall be permitted
in all districts. No fracturing or similar processes shall be permitted.
B.
An oil or gas well site is authorized as a permitted use within all
zoning districts, except R-1 and R-2 Residential Districts, provided
the oil and gas well site meets the requirements of this article and
is placed:
(1)
Two hundred feet or more from any stream or creek; and
(2)
Five hundred feet or more from any protected structure which is located
off the property where the oil or gas well is sited, or, if closer,
then upon written approval of the owners of all preexisting protected
structures located within 500 feet of the oil or gas well site.
C.
R-1 and R-2 Residential Districts.
(1)
An
oil or gas well site may be permitted as a conditional use in the
R-1 and R-2 Residential Districts, provided it meets the requirements
of this article and is placed:
(a)
More than 200 feet from any stream or creek; and
(b)
Five hundred feet from any protected structure which is located
off the property where the oil or gas well is sited, or, if closer,
then upon written approval of the owners of all preexisting protected
structures located within 500 feet of the oil and gas well site.
(2)
Otherwise,
such siting and/or use is not permitted in R-1 and R-2 Residential
Districts.
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 protected structure
which is located off the property where the natural gas compressor
station or the natural gas processing plant or similar facility is
located may be permitted in the A-1 Preservation, A-2 Agricultural,
R-1 Rural Residential; R-2 Suburban Residential, and B-1 Commercial
Districts as a conditional use. Otherwise, such siting and/or use
is not permitted in A-1 Preservation, A-2 Agricultural, R-1 Rural
Residential; R-2 Suburban Residential, and B-1 Commercial Districts.
A natural gas compressor station or a natural gas processing plant
is a permitted use in the B-2 Industrial District, provided it is
located not less than 500 feet from the boundary of any other zoning
district or 1,000 feet from any protected structure not located in
the B-2 Industrial District.
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 Township unless a permit
under this article has been issued to the owner or operator, approving
the construction or preparation of the site for oil or gas development
or the 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 by resolution of the Board of Supervisors.
Where required, a separate and additional conditional use application
and fee shall be required.
C.
Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, depth, drilling direction,
number of wells or accessory equipment or structures, or any modification
to an existing natural gas compressor station or natural gas processing
plant shall require a new permit under this article. Like-kind replacements
shall not require a new permit.
D.
Seismic testing does not require a zoning permit. Any testing to
be conducted on Township property or Township roads does require prior
approval of the Board of Supervisors.
E.
Installation of gathering and transmission pipelines does not require
a zoning permit. The installation of pipelines in or under Township
road rights-of-way does require the prior approval of the Board of
Supervisors.
F.
A zoning permit shall be required for each well pad. When multiple
wells are located on the same well pad, a separate permit for each
well is required.
G.
Prior to drilling an oil/gas well or drilling multiple oil/gas wells
at a location, the operator shall provide the following information
to each resident or property owner within 1,000 feet of the planned
surface location of the well(s):
(1)
A copy of the well survey plat showing the location(s) of the planned
well(s).
(2)
A general description of the planned operations at the planned well(s)
and associated equipment used in the development of said well(s).
(3)
The contact information of the operator.
(4)
A copy of the test results from any water wells located on the resident's
or owner's property.
H.
A statement or evidence that, prior to the commencement of any activity
at the oil or gas well site, the applicant has accepted and complied
with any applicable bonding and permitting requirements and has entered
into a roadway maintenance and repair agreement with the Township,
in a form acceptable to the Township, regarding the maintenance and
repair of the Township roads and streets that are to be used by vehicles
for site construction and drilling activities. A description of how
damage to public roads adjacent to the tract will be addressed shall
be included.
I.
The applicant shall ensure that the Township roads and streets utilized
by the applicant, its agents, contractors or suppliers shall remain
substantially 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 accumulate as a
result of applicant's activities.
J.
An appropriate site orientation and training course of the preparedness,
prevention and contingency plan (PPC) shall be provided for all emergency
responders prior to any drilling. 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 of a training course issued
to the appropriate emergency responders 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 Township.
K.
The applicant shall maintain at the property and on file with the
Township a current list and the material safety data sheets (MSDS)
for all chemicals used in the drilling operations (including but not
limited to types of additives, acids, polymers, salts, surfactants
and solvents) and in any fracturing operations. If the PPC requires
availability and/or utilization of special equipment or supplies particular
to the hazards or conditions addressed in the PPC, the Township shall
require the operator to reimburse the Township for the cost of procurement
of such special equipment or supplies.
L.
When gas collection or transportation lines are being installed,
the applicant shall register with Pennsylvania One Call.
A.
Purpose. Before submitting an application, the applicant is strongly
encouraged to meet with the Zoning Officer to determine the requirements
of and the procedural steps and timing of the application. The intent
of this process is for the applicant to obtain necessary information
and guidance from the Zoning Officer before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
B.
Process. A preapplication conference is totally 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 pay the required application fee(s) and provide
to the Zoning Officer at the time of permit application 12 copies
of all of the following:
(1)
A narrative providing an overview of the project, including the number
of acres to be disturbed for development, the number of wells to be
drilled, the PADEP permit number(s) for all wells, and the location,
number and description of equipment and structures.
(2)
For natural gas compressor stations or natural gas processing plants,
a narrative providing an overview of the project, equipment and structures
and operations.
(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 for information of emergency responders and the name, address
and phone number of the property owner(s).
(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 applicable emergency responders
as determined by the Township. Such information shall include a phone
number where such individual or individuals can be contacted 24 hours
per day, 365 days a year. Upon any change of relevant circumstances,
the applicant, as necessary in order to comply with this requirement,
shall update such information and provide it to the Township and all
applicable emergency responders.
(5)
A site plan of the oil or gas well site prepared by an engineer or
surveyor licensed in Pennsylvania showing the drilling pad, planned
access roads, the location of derricks, drilling rigs, equipment and
structures and all improvements to the site and any post-construction
surface disturbance in relation to natural resources. All structures
within 600 feet of the boundaries of the well site shall be identified.
All setback distances shall be shown. 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. No vehicles
may be staged on public roads or berms.
(6)
A location map of the natural gas compressor station or natural gas
processing plant, including any major equipment and structures, and
all permanent improvements to the site.
(7)
A description of plans for the transportation of materials and equipment
to construct and maintain the oil or gas well site during all phases
of construction, drilling and operation. Such description shall include
a map showing the planned vehicle access routes to the development
site.
(8)
An inventory, analysis, and evaluation of existing road conditions
on municipal roads along the proposed transportation route identified
by the applicant, including photography, video and core boring, as
determined to be necessary by the Municipal Engineer.
(9)
To the extent that the same is not otherwise included or provided
on copies of applications for permits from the Commonwealth of Pennsylvania
or other governmental units and herewith submitted, or where no such
permit is required, the applicant shall provide a water withdrawal
plan for the development identifying the source of water, how many
gallons will be used and withdrawn each day, the origination of the
water, proposed truck routes and all permits issued by the Commonwealth
of Pennsylvania or any other governmental body. If the development
is to be supplied by way of water lines, the locations of all proposed
water lines are to be identified. The site for the treatment and disposal
of the water will also be identified. A closed loop system for handling
fluids is recommended.
(10)
A map showing all gas collection and transportation lines.
(11)
A statement that the applicant will make the operation's preparedness,
prevention and contingency plan available to the Township 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)
As a condition of permit approval, applicant shall provide all
permits and plans from the Pennsylvania Department of Environmental
Protection and all other appropriate regulatory agencies within 30
days of receipt of such permits and plans and shall immediately supply
copies of any modifications or revocations of any plans or permits.
B.
Application processing. Within 30 days after receipt of a permit
application, the Zoning Officer will determine whether the application
is complete and adequate and advise the applicant of any missing or
inadequate material.
C.
When the application is complete and adequate, the applicant shall
be so notified, and, in zoning districts where the proposed activity
is a conditional use, a public hearing shall be held in accordance
with the procedures set forth in this chapter and the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
See 53 P.S. § 10101 et seq.
A.
Vehicular access to any natural gas well, oil well or well pad shall
be designed to minimize danger to traffic and nuisance to surrounding
properties.
(1)
Vehicular access to a natural gas well, oil well or well pad solely
via a residential street is discouraged and will only be authorized
when there is no other reasonable means of access.
(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 (PennDOT) 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.
(5)
Access directly to Township roads shall require a Township driveway
permit prior to initiating any work at a well site.
(6)
Beginning with its intersection with a public street, any ingress
or egress point for the development or facility shall be improved
with limestone or other Township-approved material for the first 150
feet in a manner that no water, sediment, or debris will be carried
onto any public street and the berm and roadway are not damaged. If
any amount of mud, dirt or other debris is carried on to public or
private rights-of-way from the well site, the operator shall immediately
clean the roads and implement a remedial plan as directed by the Township
to keep the streets continuously clean.
(7)
Ingress and egress points for all public and private driveways or
roadways shall be located and improved in order to:
(a)
Meet Pennsylvania Code, Title 67, Chapter 441, Access to and
Occupancy of Highways by Driveways and Local Roads, PennDOT Design
Manual 2.
(b)
Ensure adequate capacity for existing and projected traffic
volume.
(c)
Provide efficient movement of traffic, including appropriate
turning radii and transition grade.
(d)
Minimize hazards to highway users and adjacent property and
human activity.
B.
Height.
(1)
Permanent structures associated with an 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 to be 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 redrilling of an oil or gas well. The duration of such
exemption shall not exceed the actual time period of drilling or redrilling
of an oil or gas well.
C.
Setbacks/location.
(1)
Setback distances. No oil and gas well site, natural gas compressor
station or natural gas processing plant shall be closer than 100 feet
to any streets or roads, nor shall it be closer than 100 feet to any
property line, unless the adjacent property is under lease to the
applicant or written approval is obtained from the owner of the adjacent
property. A copy of the lease and/or approval shall be filed with
the application.
(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 to be located.
(3)
Recognizing that the specific location of equipment and facilities
is an important and integral part of the oil and gas development,
and as part of the planning process, the operator shall consider the
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's applicable ordinances.
D.
Screening and fencing.
(1)
The Township emergency responders shall be given means to access
oil or gas well sites in case of an emergency. Applicant must provide
County 911 Communications Center necessary information to properly
locate the well pad in case of an emergency.
(2)
In construction of oil or gas well sites, the natural surroundings
shall be considered and every reasonable attempt made to preserve
existing trees and other native vegetation. Existing trees and their
respective root systems should not be disturbed whenever possible.
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, 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.
F.
Noise. The applicant shall take the following steps to minimize noise
resulting from the oil or gas well development:
(1)
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.
(2)
Prior to drilling of an oil and 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. 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 60 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 data.
(3)
The applicant shall provide the Township 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 F(2) by more than:
(a)
Ten decibels during drilling activities.
(b)
Ten decibels during hydraulic fracturing operations.
(c)
Five decibels for a gas compressor station or a natural gas
processing plant.
(d)
The allowable increase in Subsection F(2)(c) shall not exceed
the average ambient noise level for more than 10 minutes within any
one-hour period.
(5)
Compressors and other power driven equipment shall use sparkless
electrical motors when practicable as an alternative to internal combustion
motors. If an internal combustion engine is used, it shall not be
discharged into the open air unless it is equipped with an exhaust
muffler, or mufflers or an exhaust muffler box constructed of noncombustible
materials sufficient to suppress noise and disruptive vibrations and
prevent the escape of noxious gases, fumes or ignited carbon or soot.
All such equipment shall be maintained in good operating condition
according to manufacturer's specifications.
(6)
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.
(7)
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, as determined by the Township,
and upon written agreement between the applicant and the Township.
H.
Hours of operation. Except for emergency and governmental compliance
activities, site operations, including the operation of natural gas
compressor stations and natural gas processing plants, shall only
occur between the hours of 6:00 a.m. and 8:00 p.m., prevailing time.
Once the drilling rig is placed on the site, operations may occur
continuously for a consecutive period of 15 days. The Zoning Officer
may extend this time period for an additional seven days upon good
cause shown and which cause is outside the control of the applicant.
After this time period, all operations shall revert to and be limited
to the hours between 6:00 a.m. and 8:00 p.m., prevailing time.
I.
Storage of equipment.
(1)
No equipment including drilling, redrilling, reworking or other portable
equipment shall be stored on the development or facility which is
not essential to the everyday operation of the well located thereon.
This includes the removal of idle equipment unnecessary for the operation
of such wells. Drip pans, containment devices or other best management
practices should be used, placed or installed underneath all tanks,
containers, pumps, engines and any other equipment which could leak.
(2)
Lumber, pipes, tubing and casing shall not be left on the development
or facility except when drilling or well-servicing operations are
being conducted on the site.
(3)
It shall be illegal to park or store any vehicle or item of machinery
on any street, right-of-way or in any driveway, alley or on the development
or facility which constitutes a fire hazard or an obstruction to or
interference with fighting or controlling fires, except that equipment
which is necessary for the maintenance of the development or facility
or for gathering or transportation of hydrocarbon substances from
the site.
The Planning Commission shall review the conditional use application
and all attachments, all testimony and evidence presented at the public
hearing, applicable law and the provisions of this chapter and shall
make a recommendation to the Board of Supervisors and may recommend
appropriate conditions. The Board of Supervisors shall then consider
the application, testimony and evidence, along with the recommendation
of the Planning Commission, and if the application is approved, may
impose such conditions which the Board finds to be proper.
Township officials and designated representatives, including,
but not limited to, the Zoning Officer, EMA Coordinator, and Fire
Chief, shall have access to the oil or gas well site, without restriction.
If any section, subsection, sentence, clause or phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portion thereof.
