[Adopted 3-1-2016 by Ord. No. 2-2016]
The purpose of this article is to provide for the reasonable
development of unconventional oil and gas drilling, compressor stations,
and processing plants while also protecting the environment in the
Borough; and protecting the health, safety, and quality of life of
the Borough's residents.
As used in this article, the following terms shall have the
meanings indicated:
PROTECTED STRUCTURE
Any occupied structure. Any structure, occupied or otherwise,
located within 500 feet of an already existing natural gas well head.
Excluded are structures owned by an oil or gas leaser 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 that
ordinance.
UNCONVENTIONAL DRILLING WITH HYDRAULIC FRACTURING
A bore hole drilled to be used for the production of natural
gas from an unconventional formation. An unconventional formation
is a geological shale formation where natural gas generally cannot
be produced at economic flow rates or in economic volumes except by
vertical or horizontal well bores stimulated by hydraulic fracture
treatments or by using multilateral well bores or other techniques
to expose more of the formation to the well bore.
Regulation of unconventional drilling with hydraulic fracturing
oil and/or gas drilling sites shall be evaluated as a conditional
use in the industrial zoning districts subject to the following express
standards and criteria:
A. A conditional use application shall include a topographic map generated
by an engineer of the proposed pipeline route from the oil and gas
drill site to the transmission line (or to some other terminus if
the transmission line terminus is not known at the time) and a detailed
explanation for how fluids will be brought to and from the site. Any
changes to the proposed pipeline route must be provided to the Borough
during the application process.
B. Conditional use approval is nontransferable without consent from
the Borough, and shall automatically terminate, unless extended, if
drilling is not commenced within one year from the date of issuance
of the conditional use approval, where drilling refers to the spudding
of the first or only well. The conditional use approval may be extended
one time only by the Borough upon written request by the operator;
such request must be submitted at least 60 days before the expiration
of the initial one-year period. An approved extension shall be for
a period of one year or less. The operator shall provide proof that,
if an extension is approved, the activities and locations for those
activities will not be materially different than how they were described
at the hearing for initial approval of the use.
C. The minimum lot size in which unconventional drilling is permitted
shall be 25 acres. The lot shall exist or be created as an Allegheny
or Westmoreland County tax parcel prior to the issuance of any permits
for the drilling activity. The front, rear and side yard requirements
for any lot being used for unconventional drilling shall be a minimum
of 250 feet. No activity or structures associated with the drilling
activity shall be permitted within the required yard area except items
specifically authorized by this article.
D. The drilling pad shall maintain a minimum 2,500-foot distance from
the property line of properties with protected structures.
E. As part of the conditional use application, the applicant shall have
submitted all necessary applications for permits and plan approvals
to the PA DEP. Prior to beginning the drilling site construction,
the applicant shall submit to the Borough a copy of all permits (general
permits, well permit(s), joint permits, earth disturbance permit,
ESCGP-1, etc.) issued by the PA DEP. In addition, the Borough shall
be provided copies of all plans (erosion and sedimentation control,
grading, water management plan, water withdrawal plan, pollution prevention
contingency, alternate waste disposal, etc.) required and approved
by the PA DEP. The Borough Engineer shall be provided with a timeline
and activity schedule and all required permits shall be maintained,
commencing at site construction and continuing throughout the duration
of drilling and production testing (hydraulic fracturing) operations.
Any suspension or revocation of permits that were issued by any agency
shall be reported to the Borough and shall constitute a violation
of Borough zoning approval and may result in the suspension of zoning
approval.
F. The Borough shall review the documentation contained in Subsection
E above, and determine at its discretion whether all potential environmental, health and other impacts of the drilling activity have been adequately addressed according to the Borough's duties under Article 1, Section 27, of the Pennsylvania Constitution. The Borough reserves the right to require additional studies and testing as part of its evaluation of the conditional use application to assure that potential environmental, health, and other impacts are properly mitigated, as well as proof of receipt of all required permits, as necessary.
G. Access directly to State roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Borough shall be provided
a copy of the highway occupancy permit.
H. The applicant must provide the Borough 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 Borough
roads. Should drilling operations require the use of vehicles with
a weight greater than the allowable weight limit of a road, the drilling
company will be required to post a road bond in accordance with the
direction of the Borough Engineer. The Borough reserves the right
to designate reasonable required truck hauling routes consistent with
the Pennsylvania Motor Vehicle Code and Pennsylvania Department of
Transportation throughout the Borough. The Borough shall consider
all potential routes and, when possible, designate routes that are
the least intrusive to the Borough, its operation, and the general
public. When determining the least intrusive routes, the Borough shall
account for roadway jurisdiction, traffic, physical characteristics
or 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. Operators shall be responsible for clearly posting designated
routes with identification signs in a manner (style and location)
approved by the Borough.
I. The applicant or owner of the oil or gas well shall execute an excess
maintenance agreement with the Borough for a Type 2 permit as per
the Pennsylvania Code Chapter 189.4(B), Road Bonding, and post a bond at the paved highway rate in favor of
the Borough.
J. An off-street area, at the entrance to the drill site and outside
of the road right-of-way, shall be provided for vehicles to stand
while gaining access so that normal flow of traffic on the public
street is undisturbed. Driveways accessing the drill site shall be
paved with an 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:
(b)
PADOT Class 4 geotextile fabric.
(c)
Eight-inch AASHTO #1 crushed aggregate base course.
(d)
Two-inch PADOT 2A aggregate (choke material).
(e)
Four-inch (compacted) Superpave 25 mm binder course.
(2) The remainder of the driveway to the well pad shall be constructed
with the following material:
(b)
Eight-inch AASHTO #1 crushed aggregate base course.
(c)
Two-inch PADOT 2A aggregate (choke material).
(3) Proper and adequate stormwater run-off controls for driveways shall
be installed to prevent concentration of run-off onto adjacent properties
or public streets.
K. As part of the conditional use application, the applicant/owner shall
provide the Borough Fire Department and Emergency Management Services
with a copy of the PA DEP-approved preparedness, prevention and contingency
(PPC) plan. The applicant shall prior to drilling its first gas well
in the Borough make available with at least 30 days' notice,
at the applicants sole expense, one appropriate group training program
for emergency responders. Such training shall be made available at
least annually during any year that drilling activities take place
at approved drill sites.
L. As part of the conditional use application, the Borough Fire Department
and Emergency Management Services shall be provided the name of the
person supervising the drilling operation and a phone number where
such person can be reached 24 hours a day. Also, a list of contact
information for all subcontractors associated with the oil and gas
drilling operations must be provided. The list shall include verification
that all Zoning Hearing Board/operators and subcontractors at the
drill site are aware and understand this article.
M. 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.
In lieu of a gate the operator can provide 24/7 security on sites
during the drilling operation.
N. Lighting. No drill site lighting used for or associated with the
drilling operation shall be positioned or directed in such a manner
so that it shines directly upon public roads, adjacent property or
property in the general vicinity of the drill site. Site lighting
shall be directed downward and shielded so as to avoid glare on public
roads and adjacent properties. Lumen levels shall not exceed zero
footcandle at the property line.
O. Dust, vibration, odors. All drilling operations shall be conducted
in such a manner to minimize dust, vibration or noxious odors. 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 to or annoyance
of persons living in the vicinity; nor shall the site or structures
thereon be permitted to become dilapidated, unsightly or unsafe.
P. Noise. The Borough may require acoustical blankets, sound walls,
mufflers or other alternative methods as proposed by the operator
to ensure compliance depending on the location of a proposed drill
site to adjacent residential properties. As part of the conditional
use application, and prior to beginning the drill operation, the applicant
shall establish the residual or background noise level baseline. The
baseline shall be established over a seventy-two-hour period with
at least one twenty-four-hour reading on a Saturday or Sunday. A noise
consultant/engineer mutually agreed upon by the Borough and owner/operator
will be responsible for determining the residual background noise
level baseline. The applicant, owner/operator shall be responsible
for all costs associated with noise consultant/engineer.
(1) The noise generated during drilling and hydraulic fracturing activities
when measured at the nearest protected structure property line or
100 feet from the nearest protected structure (as measure to the closest
exterior point of the building), whichever is closer to the protected
structure, shall not exceed the average ambient noise level as determined
by the seventy-two-hour evaluation:
(a)
During drilling activities by more than 10 decibels during the
hours of 7:00 a.m. to 9:00 p.m.
(b)
During drilling activities by more than five decibels during
the hours of 9:00 p.m. to 7:00 a.m.
(2) Since fluctuations in noise levels are inherent to mineral extraction
activities, the Borough has created a sliding scale which provides
adjustments in the permitted level of noise generated during operations
to create flexibility in the regulations and prevent repeated violations.
Drilling activities are permitted to generate noise 10 decibels higher
than the average ambient noise levels and the adjustments are in addition
to that sound level. Adjustments to the preceding noise limits may
only occur during the hours of 7:00 a.m. to 9:00 p.m. and are as follows;
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)
|
0 to 5
|
15
|
6 to 10
|
5
|
11 to 15
|
3
|
16 to 20
|
1
|
Greater than 20
|
0
|
Note: The maximum cumulative time that the permitted increases
in dBA may occur in one hour may not exceed 15 minutes. For instance,
an operator shall not be permitted to allow a 10 dBA increase for
five minutes and then a five dBA increase for 15 minutes, within the
same hour. If 10 dBA are reached for five minutes, then five dBA may
only occur for 10 minutes.
|
(3) If a complaint is received by any person using a protected structure
for a lawful purpose, within a reasonable vicinity of a drill site,
regarding noise generated during drilling and hydraulic fracturing
activities, the Borough will conduct a sound test to verify that a
viable complaint exists. Upon confirmation by the Borough that a possible
noise violation exists, the operator shall, within 24 hours of the
receipt of the complaint from the Borough, continuously monitor for
a forty-eight-hour period at a point which is the closer to the complainant's
building of:
(a)
The complainant's protected structure property line nearest
to the well site or equipment generating the noise; or
(b)
One hundred feet from the protected structure, whichever is
closer.
(4) If the operator engages in any noise testing as required by this
article, it will provide preliminary data to the Borough no later
than 10 business days following completion of the noise testing. Once
the monitoring is complete, the operator will meet with Borough representatives
and affected residents to discuss whether possible noise abatement
measures are warranted if the permitted levels set herein were exceeded.
The Borough reserves the right to hire a noise consultant to do its
own testing and investigation regarding the noise complaint.
(5) Any person or entity violating this provision shall be subject to
a fine of $500 and if not remedied within 24 hours' notice of
violation, which fine shall increase to $1,000, per day that the violation
continues to exist. If the violation has not been abated within five
days of the date of notice of violation, the job shall be shut down
until the violation is abated.
Q. Any waste material, which includes but is not limited to drill cuttings
and flowback or produced water, shall be stored in an enclosed aboveground
containment system within a pit or impoundment with synthetic impervious
liners. Such waste material shall be transported off site as soon
as practicable for proper disposal.
R. At the time of conditional use application, a survey of the drill
site showing the general area where associated gas production equipment
(tanks or other surface installations) will be located and locations
and distances to property lines shall be filed with the application.
All sensitive natural features including but not limited to waterways,
wetlands, steep slopes, and floodplains including those 100 feet outside
the limits of disturbance, as defined on the approved PA DEP Erosion
and Sedimentation Plan, must also be shown.
S. Prior to drilling an oil and/or gas well or multiple oil and/or gas
wells at a location, but no later than two weeks beforehand, the operator
shall provide the following information to each resident within 2,500
feet of the planned surface location of the well(s):
(1) A copy of the well survey plat showing the locations(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 the well(s);
(3) Operators shall test all water supplies within 2,500 feet of each
well site and share the results with landowners and the Borough. If
such results are for private water supplies, the operator must furnish
proof that the private water supply owner provided permission for
the results to be shared with the Borough. All testing shall be done
through a certified independent laboratory as defined by the PA DEP.
The tests should at a minimum address all the parameters contained
in PA-DEP Recommended Basic Oil & Gas Pre-Drill Parameters, Doc.
No. 8000-FS-DEP4300 (last revised April 2014);
(4) The contact information of the operator; and
(5) The availability of the operator to hold a meeting with such residents
to present operator's plans for the well(s) and to allow for
questions and answers. The meetings shall be held prior to well site
construction.
T. Any on-site associated gas production equipment (well head, separator,
condensate tanks, and pipeline) shall be painted an earth tone color
to blend in with the surrounding area. An earth tone color shall be
neutral colors and include sand, gray, green and unobtrusive shades
of brown, or other neutral colors, as approved by the Code Enforcement
Officer and/or the Borough.
U. The Borough may, at its sole discretion, require permanent fencing
and or landscaping to buffer the post-drilling facilities or gas production
equipment from adjacent properties.
V. Any damage to public property caused by such operations must be repaired
and restored within 60 days of completing the drilling operation or
as agreed to by Trafford Borough. The repairs shall meet or exceed
prior conditions.
W. After any spill, leak or malfunction, the operator shall remove or
cause to be removed to the satisfaction of the Trafford Borough Fire
Chief and the PA DEP inspectors all waste materials from any public
or private property affected by such spill, leak or malfunction. Clean-up
operations must begin immediately upon knowledge that a spill, leak
or malfunction occurs and alert the Borough of any spills, leaks or
malfunctions. Further, in the event of a spill it is the drilling
company's duty to immediately contact the DEP and coordinate
with a DEP-approved firm to provide remediation in accordance with
all DEP regulations, including but not limited to the DEP standards
for storage, leakage, and remediation.
X. The public street entrance at the property on which a drill site
is located shall at all times be kept free of mud, debris, trash or
other waste materials.
Y. The facility and/or its operation shall comply with all applicable
permits and requirements of the PA DEP, the United States Environmental
Protection Agency, and any other governmental authority having jurisdiction
over its operations and with all federal, state and local laws, ordinances
and regulations promulgated to protect the environment or otherwise
relating to environmental matters. The applicant shall demonstrate
that the drill site operations will not violate the citizens of Trafford
Borough's rights as set forth in Article 1, Section 27, of the
Pennsylvania Constitution (The Environmental Rights Amendment). The
applicant will have the initial burden to demonstrate that its operations
will not affect the health, safety or welfare of the citizens of Trafford
Borough or any other potentially affected landowner. The application
submittal shall include reports from qualified environmental experts
attesting that the proposed location will not negatively impact the
Borough residents' environmental rights. The application submittal
must include a written report that evaluates the impacts of air emissions
from the construction and operations processes; such report must be
based in part on air modeling. The application submittal must include
a written report that evaluates the impacts to surface waters and
groundwater water from any potential release of a fluid during the
construction or operations processes; such report must be based in
part on hydrogeological modeling. Any qualified environmental expert
attesting to the proposed site's impact must be independent and
not an employee of the applicant. Further, the Borough reserves the
right to screen any qualified environmental expert to ensure such
independence and lack of bias. Any application lacking the required
reports will be deemed incomplete.
Z. The applicant or drill site operator shall take all necessary precautions
to ensure the safety of persons in areas established for road crossings
and/or adjacent to roadways during periods of anticipated heavy or
frequent truck traffic to and from the drill site. Flagmen shall be
present and used to ensure the safety of motorists and pedestrians
and take measures that may include adequate signs and/or other warning
measures for truck and vehicular traffic.
AA. All drill site construction (grading, installation of erosion and
sedimentation controls, roadway construction, etc.) shall be done
in accordance with Borough construction hours, 7:00 a.m. to 7:00 p.m.
Monday through Saturday. Any burning of trees or brush shall be done
in accordance with burning regulations using an air curtain.
BB. During the active operation at a drill site Borough staff or consultants
designated by the Borough shall have access to the site to determine
continuing compliance with the conditional use approval.
CC. The Borough reserves the right to impose any other additional conditions
necessary to protect the public health, safety and welfare of its
residents in order to address any unique characteristics of a particular
drilling site which are not otherwise within the jurisdiction of federal
and state regulations in accordance with the Pennsylvania Municipalities
Planning Code (PAMPC).
DD. Indemnification and express negligence provisions. The operator shall
fully defend, protect, indemnify, and hold harmless Trafford Borough,
its departments, officials, officers, agents, employees and contractors
from and against each and every claim, demand, or cause of action
and any and all liability, damages, obligations, judgments, losses,
fines, penalties, costs, legal and expert fees, and expenses incurred
in defense of Trafford Borough including, without limitation, personal
injuries and death in connection therewith which may be made or asserted
by any third parties on account of, arising out of, or in any way
incidental to or in connection with the performance by the operator.
EE. The use of mineral extract overlays, or any similar extraction system,
is strictly prohibited. The issuance of a permit grants only the right
to drill in the specifically zoned and designated area.