[Added 11-8-2010 by Ord.
No. 642]
It is hereby declared to be the purpose of this chapter to declare
oil and gas development a use permitted by Conditional Use in the
following zoning districts of the Township of Reserve: R-4 and C-2.
The Township recognizes that the regulation of oil and gas development
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 the Pennsylvania Municipalities Planning Code (MPC)
and through this chapter. The Township further recognizes that it
is in the Township's best interest to have information concerning
oil and gas exploration, development, and production readily accessible
to residents and officials where operations are occurring within the
Township and to ensure that certain security and safety measures related
to oil and gas well drilling are in place.
As used in this chapter, the following terms shall be interpreted
or defined as follows:
A site that consists of the area occupied by the facilities,
structures, materials, and equipment, whether temporary or permanent,
necessary for or incidental to the drilling, production, or operation
of a gas well.
Reserve Township, Allegheny County, Pennsylvania.
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.
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 are/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from 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 a well of any depth into, through, and
below the surface of the earth.
The well site preparation, well site construction, drilling,
hydraulic fracturing, and/or site restoration associated with an oil
and 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 other than natural gas compressor
stations and natural gas processing plants or facilities performing
the equivalent functions that operate as midstream facilities.
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing, or transporting oil or gas.
Any occupied residence, commercial business, school, religious institution or other public building located within 1,000 feet of the surface location of a well that may be impacted by noise generated from drilling or hydraulic fracturing 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 have signed a waiver relieving the operator from implementation of the measures established in § 430-127O of this chapter for the owners' or occupants' benefit.
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
The Board of Commissioner of Reserve Township hereby declares
that oil and gas development may be permitted by Conditional Use in
the R-4 and C-2 Zoning Districts, where said development meets the
following conditions:
A.
Operator shall comply with any generally applicable bonding and permitting
requirements for any and all Township roads that are to be used by
overweight vehicles and equipment for development activities. The
operator shall provide a description of plans for the transportation
of materials and equipment to construct and maintain the gas resources
development facility. The description shall include a map showing
the planned vehicular access route to the gas resources development
site, and shall indicate all state, county, and local roads and transportation
infrastructure to be used. The proposed routes must be designed to
minimize the impact on Township streets.
B.
Operator shall take the necessary safeguards to ensure that the roads
utilized remain free of dirt, mud and debris resulting from development
activities and/or shall ensure such roads are promptly swept or cleaned
if dirt, mud and debris occur. Prior to the commencement of any activity
at the development site, the operator shall enter into a Township
Roadway Maintenance and Repair agreement with the Township, in a form
acceptable to the Township, regarding the maintenance and repair of
Township roads used by vehicles engaged in development activities.
The operator shall conduct an inventory, analysis, and evaluation
of existing road conditions on Township roads along the proposed transportation
route identified by the operator, including photography, video and
core boring as determined by the Township Engineer. The Township Roadway
Maintenance and Repair Agreement will identify the responsibilities
of the operator to prepare, maintain, and repair Township roads before,
during, and immediately after drilling operations. The operator shall
take all necessary corrective action and measures as directed by the
Township to ensure compliance with the agreement.
C.
Operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with development, operator 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.
D.
Operator shall not clear brush or trees by way of burning, and shall
chip, grind or remove all tree stumps from properties it clears for
development purposes. However, operator shall be permitted to, consistent
with the any outdoor burning laws, ordinance(s) or regulations, burn
any brush, trees, or stumps that have been removed from the ground
and collected into a pile or piles on the properties where the operator
is engaging in development.
E.
Prior to development, operator shall provide to the Township's Police
Department and Fire Company ("first responders") and to the Zoning
Officer, a copy of its Preparedness, Prevention and Contingency ("PPC")
Plan.
F.
Before drilling, the operator shall ascertain whether the Township's
first responders have secured adequate information to deal with any
potential dangerous conditions that may result due to development
activities. First responders shall have on-site orientation and be
provided adequate awareness information. Upon request from the Township
Manager, operator will, prior to drilling of an oil and gas well,
make available with at least 30 days' notice, at its sole cost and
expense, an appropriate site orientation for first responders. Such
site orientation shall be made available at least annually during
the period when the operator anticipates drilling activities in the
Township.
G.
Operator shall take the necessary safeguards to ensure appropriate
dust control measures are in place.
H.
Recognizing that the specific location of equipment and facilities
is an important and integral part of oil and gas development, as part
of the planning process, operator shall strive to consider 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 development activities.
I.
Recognizing that adequate and appropriate lighting is essential to
the safety of those involved in the development of oil and gas, the
operator shall take steps, to the extent practicable, to direct site
lighting downward and inward toward the drill site, wellhead, or other
area being developed so as to minimize glare on public roads and adjacent
buildings within 300 feet of the drill site, wellhead, or other area
being developed.
J.
At least two weeks prior to drilling an oil and gas well or multiple
oil and gas wells at a location, the operator shall provide the following
information to each resident 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 the well(s);
(3)
The contact information for the operator; and
(4)
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 meeting(s) shall be held prior to well
site construction.
K.
The operator shall provide to the Township Zoning Officer, at least
10 days prior to well site construction:
(1)
A map showing the planned access route to the well sites on
public roads;
(2)
Information on the status of road bonding;
(3)
The operator's Erosion and Sedimentation Plan;
(4)
The well survey plat showing the planned surface location(s)
of the well(s); and
(5)
The contact information for the operator.
L.
At least 10 days prior to commencement of drilling, the operator
shall provide to the Township Zoning Officer a copy of the drilling
permit issued by the Pennsylvania Department of Environmental Protection
("DEP").
M.
In addition to the requirements in Subsections A through L above, for any oil and gas well where the planned surface location of the well will be within 1,000 feet of a protected structure, the operator shall:
(1)
Install temporary safety fencing, at least six feet in height,
around drilling and hydraulic fracturing equipment and install permanent
fall protection fencing meeting OSHA requirements and bird netting
for ponds and pits that contain or could contain water or other liquids
at depths greater than two feet.
(2)
Install warning signs providing notice of the potential dangers
at the well site.
(3)
Provide at least one security guard at all times (24 hours/day,
seven days/week) when a drilling rig or hydraulic fracturing equipment
is on the well site.
N.
Prior to the commencement of drilling activities, no construction
activities involving excavation of, alteration to, or repair work
on any access road or Well Site shall be performed during the hours
of 10:00 p.m. to 6:00 a.m.
O.
The Township recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. However, the operator shall take
the following steps to minimize, to the extent practicable, the noise
resulting from the development:
(1)
Prior to drilling of an oil and gas well, the operator 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 or,
alternatively, and in lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, 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 operator shall provide documentation of any established,
seventy-two-hour evaluation relied upon to establish an ambient noise
level greater than 55 dBA to the Township's Zoning Officer within
three business days of such a request from the Zoning Officer.
(3)
_____
(a)
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 measured
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) or default
level, whichever is higher:
(b)
The operator shall inform the Township of which level (average
ambient noise level or default level) is being used.
(4)
Adjustments to the forgoing noise limits may be permitted in
accordance with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
|
|---|---|
|
5
|
15
|
|
10
|
5
|
|
15
|
1
|
|
20
|
1
|
|
*
|
Cumulative minutes during any one hour.
|
(5)
If a complaint is received by the Township Manager from any
person, whether a resident or otherwise using the protected structure
as defined herein for any lawful purpose, regarding noise generated
during drilling or hydraulic fracturing activities, 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:
(6)
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 possible
noise abatement measures are warranted, if the permitted levels set
forth herein were exceeded.
(7)
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 it is equipped with 1) an exhaust muffler or 2) an
exhaust box. The exhaust muffler or exhaust box shall be constructed
of non-combustible 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.
(8)
All workover operations shall be restricted to the hours of
6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as
reasonably determined by the operator. "Workover operations" shall
mean 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.
Any operator or person performing work at their direction who
violates or permits a violation of this chapter shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township Zoning Officer before a Magisterial District Judge,
pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees incurred by the Township in the enforcement
of this chapter. 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. A person who violates this chapter shall
also be responsible for the Township's attorney's fees, engineering
fees, expert fees and court costs associated with enforcement.
This chapter shall become effective immediately and shall repeal
all other incompatible ordinances to the extent of such incompatibility.
