[Ord. No. 5-2011, 4/12/2011]
The purpose of this Part is to provide for the health, safety
and welfare of the residents of Sugarloaf Township, through zoning
and floodplain management provisions, for the reasonable development
of land for oil and gas drilling while providing adequate health,
safety and general welfare protections of the Township's residents.
Oil and gas exploration, drilling and extraction operations involve
activities that are economically important and will impact the Township.
Accordingly, it is necessary and appropriate to adopt reasonable requirements
for oil and gas resource development so that these resources can be
obtained in a manner that is economically remunerative, and that minimizes
the potential impact on the residents of the Township.
[Ord. No. 5-2011, 4/12/2011]
As used in this Part, the following terms shall have the meanings
indicated:
Any person, owner, operator, partnership, company, corporation
and its subcontractors and agents who has an interest in real estate
for the purpose of exploring or drilling for, producing, or transporting
oil or gas.
An occupied structure with walls and roof with which persons
live or customarily work. The term shall not include a barn, shed
or other storage building.
A public street or road which, in addition to providing access
to abutting lots, intercepts local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
The Department of Environmental Protection of the commonwealth.
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
A facility designed and constructed to compress natural gas
that originates from an gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration associated with an oil
or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production
and transportation of oil and gas. The definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions.
A pierced or bored hole drilled or being drilled in the ground
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
The location where facilities, structures, materials and
equipment whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, production or operation
of an oil or gas well. This definition also includes exploratory wells.
The person designated as the well operator on the permit
application or well registration.
A person, who owns, manages, leases, controls or possesses
an oil or gas well.
A 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.
[Ord. No. 5-2011, 4/12/2011]
1.
Subject to the provisions of this Part:
A.
An oil or gas well site, or a natural gas compressor station, or
a natural gas processing plant, or any similar facilities performing
the equivalent functions shall be considered a principal use by right
within industrial, agricultural and open space zoning districts.
B.
An oil or gas well site which would be placed more than 500 feet
from any preexisting building which is located off the property where
the oil or gas well is sited may be permitted within the residential
or commercial zoning district(s) as a _____ [conditional use or special
exception]. Otherwise, such siting and/or use shall be prohibited
in residential and commercial zones.
C.
A natural gas compressor station or a natural gas processing plant
or any similar facilities performing the equivalent functions which
would be located more than 1,000 feet from any preexisting building
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 residential or commercial zoning district(s)
as a _____ [conditional use or special exception]. Otherwise, such
siting and/or use shall be prohibited in residential and commercial
zones.
[Ord. No. 5-2011, 4/12/2011]
1.
This Part applies to all oil and gas well sites, natural gas compressor
stations, and natural gas processing plants that will be permitted
or constructed after the effective date of this Part.
2.
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 Part shall not be required to meet the requirements
of this Part, provided that any modification to an existing or permitted
oil or gas well site that occurs after the effective date of this
Part and materially alters the size, type, location, number of wells
and other accessory equipment or structures, or any physical modifications
to an existing natural gas compressor station or natural gas processing
plant shall require compliance with and a permit under this Part.
3.
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statute or regulation. Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
[Ord. No. 5-2011, 4/12/2011]
1.
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 Sugarloaf Township unless a
permit has been issued by the Township to the owner or operator approving
the construction or preparation of the site for oil or gas development
or construction of natural gas compressor stations or natural gas
processing plants.
2.
The permit application, or amended permit application, shall be accompanied
by a fee as established in the Township's schedule of fees.
3.
Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, 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 modification of the permit under this Part. Like-kind replacements
shall not require a permit modification.
[Ord. No. 5-2011, 4/12/2011]
1.
Purpose. Before submitting an application, the applicant is strongly
encouraged to meet with the Township staff 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 form the Township staff before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
2.
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.
[Ord. No. 5-2011, 4/12/2011]
1.
The applicant shall provide to the Township at the time of permit
application:
A.
A narrative describing an overview of the project, including the
number of acres to be involved, the number of wells to be drilled,
and the location, and number and description of equipment and structures
to the extent known.
B.
A narrative describing an overview of the project as it relates to
natural gas compressor stations or natural gas processing plants.
C.
The address of the oil or gas well site, natural gas compressor station
or natural gas processing plant as determined by the Township or county
for information of emergency responders.
D.
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 emergency responders. Such information
shall include a phone number where such individual or individuals
can be contacted 24 hours per day, 365 days a year. Annually, or upon
any change of relevant circumstances, the applicant shall update such
information and provide it to the Township and all emergency responders.
E.
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and any post-construction surface
disturbance in relation to natural and other surroundings. Included
in this map shall be an area within the development site for the location
and parking of vehicles and equipment used in the transportation of
personnel and/or development and use of the site. Such location shall
be configured to allow the normal flow of traffic on public streets
shall be undisturbed.
F.
A location map of the natural gas compressor station or natural gas
processing plant including any equipment and structures and all permanent
improvements to the site.
G.
A narrative and map describing the manner and routes for the transportation
and delivery of equipment, machinery, water, chemicals and other materials
used in the siting, drilling, construction, maintenance and operation
of the oil or gas well site.
H.
A certification or evidence satisfactory to the Township that, prior
to the commencement of any activity at the oil or gas well site, the
applicant shall have accepted and complied with any applicable bonding
and permitting requirements; and shall have entered into a Township
roadway maintenance and repair agreement with the Township, in a form
acceptable to the Township Solicitor, regarding the maintenance and
repair of the Township streets that are to be used by vehicles for
site construction, drilling activities and site operations.
I.
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.
J.
Verification that a copy of the operation's preparedness, prevention
and contingency plan has been provided to the Township and all emergency
responders.
K.
A statement that the applicant, upon changes occurring to the operation's
preparedness, prevention and contingency plan, will provide to the
Township and all emergency responders the dated revised copy of the
preparedness, prevention and contingency plan while drilling activities
are taking place at the oil or gas well site.
L.
Assurance that, at least 30 days prior to drilling, the applicant
shall provide an appropriate site orientation and training course
of the preparedness, prevention and contingency plan for all emergency
responders. The cost and expense of the orientation and training shall
be 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.
M.
A copy of the documents submitted to the Department or, if no document
has been submitted to the Department, a narrative describing the environmental
impacts of the proposed project on the site and surrounding land and
measures proposed to protect or mitigate such impacts.
N.
A copy of all permits and plans from appropriate regulatory agencies
or authorities issued in accordance to environmental requirements.
O.
A copy of all permits and plans from the appropriate regulatory agencies
or authorities issued in accordance with applicable laws and regulations
for the proposed use.
2.
Within 15 business days after receipt of a permit application and
the required fee, the Township will determine whether the application
is complete and adequate and advise the applicant accordingly.
3.
If the application is complete and fulfills the requirements of this
Part, the Township shall issue or deny a permit within 30 days following
the date the complete application was submitted.
4.
If the application is incomplete and/or inadequate the municipality
will notify the applicant of the missing or inadequate material and,
upon receiving said material, issue or deny the permit within 30 days
following receipt.
[Ord. No. 5-2011, 4/12/2011]
2.
Structure Height.
A.
Permanent structures associated with an oil and gas site, both principal
and accessory, shall comply with the height regulations for the zoning
district in which the oil or gas well site is located.
B.
Permanent structures associated with natural gas compressor stations
or natural gas processing plants shall comply with the height regulations
for the zoning district in which the natural gas compressor station
or natural gas processing plant is located.
C.
There shall be an exemption to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well.
(1)
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
(2)
Provided further the time period of such drilling and exemption
shall not exceed six months.
(3)
The operator shall give the Township prior written notice of
the beginning date for its exercise of the exemption.
3.
Setbacks.
A.
Drilling rigs shall be located a minimum setback distance of 1.5
times their height from any property line, public or private street,
or building not related to the drilling operations on either the same
lot or an adjacent lot.
B.
The drilling pad for the oil or gas well site shall comply with all
setback and buffer requirements of the zoning district in which the
oil or gas well site is located.
C.
Natural gas compressor stations or natural gas processing plants
shall comply with all setback and buffer requirements of the zoning
district in which the natural gas compressor station or natural gas
processing plant is located.
D.
Exemption from the standards established in this subsection may be
granted by the Township upon a showing by the operator that it is
not feasible to meet the setback requirements from surface tract property
lines and that adequate safeguards have or will be provided to justify
the exemption.
E.
Drilling pads, natural gas compressor stations or natural gas processing
plants shall be set back 200 feet from buildings or sites registered
or eligible for registration on the National Register of Historic
Places or the Pennsylvania Register of Historic Places.
4.
Screening and Fencing.
A.
Security fencing shall not be required at oil or gas well sites during
the initial drilling or redrilling operations as long as manned, twenty-four-hour,
on-site supervision and security are provided.
B.
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.
C.
Security fencing shall be at least six feet in height equipped with
lockable gates at every access point and having openings no less than
12 feet wide.
D.
Emergency responders shall be given means to access oil or gas well
site in case of an emergency.
E.
Warning signs shall be placed on the fencing surrounding the oil
or gas well site, providing notice of the potential dangers and the
contact information in case of an emergency.
F.
In construction of oil or gas well sites the natural surroundings
should be considered and attempts made to preserve existing trees
and other native vegetation.
5.
Lighting.
A.
Lighting at the oil or gas well site, or other facilities associated
with oil and gas drilling development, either temporary or permanent,
shall be directed downward and inward toward the activity, to the
extent practicable, so as to minimize the glare on public roads and
nearby buildings within 100 feet of the oil or gas well development.
B.
Lighting at a natural gas compressor station or a natural gas processing
plant shall, when practicable, be limited to security lighting.
6.
Noise.
A.
The applicant shall take the following steps to minimize, to the
extent possible, noise resulting from the oil or gas well development:
(1)
Prior to drilling of an oil or gas well or the operation of a natural
gas compressor station or a natural gas processing plant, the applicant
shall establish, by generally accepted testing procedures, the continuous
seventy-two-hour ambient noise level at the nearest property line
of a residence or public building, school, medical, emergency or other
public facility, or 100 feet from the nearest residence or public
building, medical, emergency or other public facilities, whichever
point is closer to the affected residence or public building, school
medical, emergency or other public facility. In lieu of the establishment
of the ambient noise level established by the continuous seventy-two-hour
test, the applicant may assume and use, for the purpose of compliance
with this Part, a default ambient noise level of 55 dBA. The sound-level
meter used in conducting any evaluation shall meet the American National
Standard Institute's standard for sound meters or an instrument and
the associated recording and analyzing equipment, which will provide
equivalent data.
(2)
The applicant shall provide the Township documentation of the established
ambient noise level prior to starting oil or gas drilling and/or production
operations.
(3)
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 6A(1) by more than:
(4)
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.
B.
Exemption from the standards established in this subsection may be
granted by the Township during the drilling stage or at the oil or
gas well site, or the gas compressor station, or at the natural gas
processing plant for good cause shown and upon written agreement between
the applicant and the Township.
C.
Complaints received by the Township shall be addressed by the applicant
within 24 hours following receipt of notification by continuously
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet from
the complainant's residential or public building, school, medical,
emergency or other public facilities, whichever is closer. The applicant
shall report the findings to the Township and shall mitigate the problem
to the allowable level if the noise level exceeds the allowable rate.
D.
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels that would otherwise exceed the ambient noise
level standards at residential or public buildings, medical, emergency
or other public facilities.
7.
Prohibitions.
A.
No drilling shall be allowed in the floodway designated as such in
the Flood Insurance Study (FIS) and shown on the Federal Emergency
Management Agency (FEMA) maps.
B.
Oil and gas drilling in the 100-year floodplain is discouraged but
may be permitted by the Township in its discretion if the following
provisions are met:
(1)
If no other area provides access to the oil or gas deposit,
then oil and gas drilling may be permitted in the floodplain. The
applicant must provide conclusive documentation that no other location
allows access to the oil or gas deposit other then a location within
the floodplain.
(2)
An adequate emergency evacuation plan shall have been produced
by the applicant and filed with the Township.
(3)
No storage of chemicals shall be permitted within the floodplain.
An exemption from this requirement may be granted by the Township
if the applicant can show that such storage will not potentially cause
any harm to property, persons or the environment in the case of a
100-year flood, and further provides security to the Township assuring
the applicant's ability to remedy any damage or injury that may occur.
(4)
Only necessary and needed structures will be permitted within
the floodplain.
(5)
All structures within the flood zone shall be designed to withstand
a 100-year storm event.
(6)
An engineer registered in Pennsylvania and qualified to present
such documentation that structures will not cause additional flooding
on adjacent, upstream and/or downstream properties shall provide such
documentation to the Township.
[Ord. No. 5-2011, 4/12/2011]
If any section, subsection, sentence, clause or phrase or portion
of this Part 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.
[Ord. No. 5-2011, 4/12/2011]
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 attorneys' 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.
[Ord. No. 5-2011, 4/12/2011]
This Part shall take effect immediately.
