It is hereby declared to be the purpose of this article to declare that natural gas compressor stations be considered a "conditional use" in all zoning districts and in all parts of the Township as part of the Oil and Gas Overlay District within the Township. Elizabeth Township recognizes that the regulation of oil and gas operations is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Township maintains its zoning powers as set forth in Pennsylvania Statute Title 53, Municipality Planning Code ("MPC") and through the Township Zoning Ordinance and Subdivision and Land Development Regulations as set forth in Chapters
10,
22 and
27 of the Township's Code of Ordinances. It is in the Township's best interest to address the zoning districts where such activities are sought to be undertaken and to have information concerning oil and gas exploration, development, and production taking place within the Township and to ensure certain security and safety measures related to oil and gas development are in place in certain areas, if approved.
As used in this article, the following terms shall be interpreted
or defined as follows:
AMBIENT NOISE LEVEL
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location
constituting the normal or existing level of environmental noise at
a given location without extreme atmospheric conditions, such as wind
greater than three meters per second or precipitation, and then adjusting
the noise level to eliminate any noise associated with then existing
development of facilities.
A.
The noise level shall be established based on a test performed
during a continuous seventy-two-hour time span which shall include
at least one twenty-four-hour reading during either a Saturday or
Sunday. The testing shall be done by a qualified noise control engineer
or other qualified person approved by the Township and shall be in
accordance with specifications ANSI S12.18-1994 Method II and ANSI
SI.4-1971. The Township reserves the right to hire a third-party consultant
to witness testing and review the results. The third-party costs will
be deducted from the facility operator's escrow deposit. The sound
level meters used shall meet the American Standard Institute's standard
for a Type I sound level meter.
APPROVED
Accepted, sanctioned or endorsed by appropriate Township,
county, Commonwealth of Pennsylvania, or federal government bodies.
DECIBEL (DB)
A unit for measuring the intensity of a sound/noise; equal
to 10 times the logarithm to the base 10 of the ratio of the measured
sound pressure, squared to a reference pressure of 20 micropascals.
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and 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.
NATURAL GAS PROCESSING PLANT
A facility that is not a natural gas compressor station that
is 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 are/is designed and
constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas, which includes "dew point control
facilities."
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The process of perforating the earth's surface and rock layers
to extract fossil fuels, natural gas or oil for energy production,
and all associated equipment, structures and construction at the drilling
site including the well pad, access roads, hydraulic fracturing, production,
pipelines, tanks, meters, and temporary work crew and supervisor trailers
for exploration and production at a single well pad, including multiple
wells at a single well pad, and all subsequent site reclamation activities
which follow the production phase.
OPERATOR
Any person, partnership, company, corporation, and its subcontractors,
and agents who operate or seek to operate a natural gas compressor
station.
PROTECTED STRUCTURE
Any occupied residence, commercial business, school, religious
institution or other public building located within 500 feet of a
natural gas compressor station that may be impacted by noise, emissions,
light, or other negative attributes not limited to natural gas compressor
stations and associated with activities as defined herein.
SETBACKS
The required minimum horizontal distance between the building
line and the related front, side, or rear property line, or along
a private or public street, in which no building or accessory structure
may be located above ground, except as otherwise provided in this
article (excludes nominal roof overhangs, chimneys, unenclosed porches
and stoops, and porch or entrance roofs not exceeding six feet in
depth).
SITE
With the exception of the definition for "oil and gas development
or development" as set forth above, as used in this article the term
"site" is defined as a natural gas compressor station, as defined
above, and the property surrounding a natural gas compressor station
upon which any equipment, fixtures, storage, access roads, driveways,
maintenance, and activities associated with the natural gas compressor
station are located.
TOWNSHIP
Elizabeth Township, Allegheny County, Pennsylvania.
The design standards contained herein are in addition to those outlined in the Township's code at Chapters
10,
22, and
27, as amended.
A. Site access: Beginning with its intersection with a public street,
any ingress or egress point for the development or facility shall
be paved for the first 50 feet and improved with limestone or other
material for the next 100 feet in a manner to minimize the amount
of water, sediment, or debris that is carried onto any public street,
as more specifically prescribed below.
B. Ingress and egress points for all public and private driveways or
roadways shall be located and improved in order to:
(1)
Meet Pennsylvania Code 67 Chapter 441 "Access to and occupancy
of Highways by Driveway and Local Roads," PENNDOT Design Manual 2.
C. Access or driveway permits to state or Township roads:
(1)
All applicable permits or approvals must be obtained, including
without limitation access or driveway permits to state or Township
roads.
D. Equipment:
(1)
Installation of condensate and salt water tanks shall not exceed
the height and area limitation of the zoning district, and shall be
provided with containment devices as approved by the Township.
(2)
A shroud shall be installed around the flare at the site.
E. Spill Containment:
(1)
If a spill, fire, or other violation of any federal, state or
local law occurs at the drill site or in the Township by operator
or its subcontractors, operator shall notify the Township immediately,
in all circumstances, no later than 24 hours after the incident occurred
or, if the incident is ongoing, no later than 24 hours after it began.
F. Site Safety and Security:
(1)
Video surveillance monitoring equipment shall be installed at
the site for security purposes.
(2)
Operator/applicant shall provide training of Elizabeth Township
First Responders and site orientation prior to the issuance of certificate
of occupancy, temporary or permanent. Training shall be at the sole
cost and expense of the operator/applicant.
(3)
In the event an emergency including, but not limited to, product
loss (liquid, gaseous or solid) regardless of quantity, equipment
malfunction, fire, or explosion, incident resulting in injury, fatalities,
property damage, or any other significant incident, the operator/applicant
shall immediately notify Allegheny County 911 Center, and copies of
such incident reports shall be furnished to the Township.
(4)
Site lighting shall be turned off at night other than emergency
lighting and/or lights which will be activated by motion detectors.
(5)
If Elizabeth Township reasonably believes the citizens of Elizabeth
Township would be subjected to harmful byproducts from the proposed
compressor station which may place residents in immediate danger,
the Board of Commissioners reserve the right to immediately request
that the operator/applicant cease operation until the situation is
remedied to Township's satisfaction.
Any operator or person performing work at their direction who
violates or permits a violation of this article shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of
not more than $1,000 per each day the violation exists. No judgment
shall be imposed until the date of the determination of the violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to issue
a cease-and-desist notice and/or to seek equitable relief, including
injunction, to enforce compliance herewith. No bond will be required
if injunctive relief is sought by the Township.