[Ord. 2016-04, 11/14/2016]
The purpose of this Part is to provide for the health, safety
and welfare of the residents of Wolf 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. 2016-04, 11/14/2016]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The digging or boring of a well, either vertically or horizontally,
for the purpose of exploring for, developing or producing oil or gas
or other hydrocarbons, or for the purpose of injecting gas, water
or any other fluid or substance into the earth.
The area or surface operation surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling site.
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
A permanent structure that is used as a midstream operation
for the purpose of metering or measuring the flow and/or volume of
gas and includes associated equipment, tanks and site disturbance.
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.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing and/or site restoration associated with an oil
or gas well of any depth, water or 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, 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.
Facility or location on a permitted site for the storage of equipment, pipes and vehicles used to support oil or gas development activities at other permitted sites. (Refer to §27-422, Contractor’s Shops and Yards.)
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 other liquid related to oil and gas production,
storage, including brine disposal.
Stand-alone facility to accommodate tanks of any construction
(metal, fiberglass, concrete, etc.) and impoundments used for the
storage of water that has been used and is being reused.
[Ord. 2016-04, 11/14/2016]
1.
Subject
to the provisions of this Chapter, and in order to allow for the reasonable
development of oil and gas resources, the following zoning classifications
shall apply for oil and gas activities:
A.
Pipeline
Construction and Seismic Operations. Pipeline construction and seismic
operations shall be a permitted use within all zoning districts; provided,
that such activities are conducted in accordance with all applicable
Federal and State laws and regulations relating to the storage and
use of explosives.
B.
Natural
Gas Compressor Stations/Processing Plants/Metering Station.
(1)
Permitted Use. Natural gas compressor stations/processing plants/metering stations shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following:
(a)
Proposed structures must be located 750 feet or more from the nearest
existing building or 350 feet from the nearest lot line, whichever
is greater, unless waived, in writing, by the owner of the building
or adjoining lot.
(b)
Proposed structures must be located 350 feet from any road maintained
by the municipality, the county or the State Highway Department.
(c)
Proposed structures must be located 1,000 feet from any school building,
hospital building, nursing home building, park, playground or church
building.
(d)
The compressors are required to be enclosed in a building with doors.
(e)
All lights located on any site shall be shielded, designed and directed
in such a manner so that they do not shine directly onto any public
road or adjacent dwelling.
(f)
Must operate in such a manner that the noise level generated by the
natural gas compressor station does not exceed the applicable standard
imposed by Federal law; documentation to this effect is required with
zoning application.
(g)
Written documentation of the steps the applicant will take to mitigate
or resolve impacts, whether temporary or permanent, specifically related
to potentially noxious, hazardous or nuisance occurrences within the
district or to any adjacent district.
(h)
Natural gas compressor stations/processing plants/metering stations
shall be fenced and buffered from adjacent areas in accordance with
the requirements of §§27-505.2 and 27-506 of this Chapter.
(i)
A written commitment shall be submitted with the Zoning Application
stating that the site will be restored within one year following termination
of production.
C.
Water
Reuse Storage Facility.
(1)
Permitted Use. Water reuse storage facility shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following:
(a)
A written commitment shall be submitted with the zoning application
stating that a complete site restoration within one year following
the termination of production in accordance with PADEP regulations.
(b)
Impoundments that are used solely for fresh water storage do not
require a zoning permit.
(c)
Water reuse storage facility shall be fenced and buffered from adjacent
areas in accordance with the requirements of §§27-505.2
and 27-506 of this Chapter.
(d)
Entrances and exits to any public access roads shall be a minimum
of 50 feet from any intersection. All entrance driveways shall be
paved for a distance of 50 feet from the public street to prevent
stone, soil, and dust from being deposited on the public roadway.
D.
Oil
and Gas Development.
(1)
Permitted Use. Oil and gas development shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter.
(2)
These regulations apply to all new oil and gas drilling sites proposed
to be constructed after the effective date of the ordinance codified
in this Part.
(3)
Any physical modification to an existing site materially altering
the size, type, location and/or number of wells or other accessory
equipment shall require a permit or, in the case of additional wells,
notice under this Part.
(4)
Permit fees will be based on the area of the well pad or the area
to be developed for accessory uses for a well pad.
(5)
In addition, the following restrictions shall also apply in all residential
zoning districts:
(a)
Oil or gas well sites are prohibited unless the outer edge of the
well pad is at least 750 feet from an existing building.
(b)
Oil and gas operations, other than the placement, use and repair
of oil and gas pipelines, water pipelines, access roads and security
facilities, are prohibited from taking place within 750 feet of an
existing building.
(6)
Oil and gas development shall be prohibited in any mapped floodway
or flood fringe district.
[Ord. 2016-04, 11/14/2016]
1.
This
Part applies to all oil and gas activities, including, but not limited
to, well and pipeline operations, oil or gas well sites, impoundment
areas used exclusively for oil and gas operations, natural gas compressor
stations and natural gas processing plants that will be permitted
or constructed after the effective date of the ordinance codified
in this Part.
2.
Oil and
gas activities, including, but not limited to, well and pipeline assessment
operations, oil or gas well sites, impoundment areas used exclusively
for oil and gas operations, natural gas compressor stations and natural
gas processing plants that were permitted or constructed prior to
the adoption of the ordinance codified in this Part shall not be required
to meet the requirements of this Part. However, any owner and/or operator
seeking to make a modification to existing oil and gas activities
after the effective date of the ordinance codified in this Part that
would materially alter the size or location of the use shall comply
with the terms of this Part.
3.
The Township
acknowledges that it is preempted from enacting or enforcing ordinances
that impose conditions, requirements or limitations on the same features
of oil and gas operations regulated in Chapter 32 of Act 13 or that
accomplish the same purposes set forth in Chapter 32 of Act 13. In
addition the Township acknowledges that environmental acts are of
statewide concern and that it is preempted from regulating oil and
gas operations to the extent that such operations are regulated by
the environmental acts. This Part is intended to comply with such
preemptive restrictions.
[Ord. 2016-04, 11/14/2016]
1.
Permit
Requirement. A zoning permit shall be required prior to the commencement
of all new oil or gas activities, and to the addition to any existing
activity or sites that materially alter the size or location of the
existing site or activity.
2.
Permit
Application. The applicant shall provide the Township with the following
information at the time of permit application.
A.
All
information required on the zoning permit application.
B.
A narrative
describing the proposed activity, including:
(1)
The approximate number of acres to be disturbed for development;
(2)
Proposed structures and buildings; for oil and gas activity applications,
the proposed number of wells, including the DEP permit number(s) for
any or all wells if available at the time of submittal and provided
when issued later; and
(3)
Identification of area roads that will be used to access the site
and description of the vehicles relating to the use. When appropriate,
furnish a copy of the excess maintenance agreement for any road with
weight limits that will be used.
C.
A “site
address” for the site in compliance with the Lycoming County
911 addressing system for emergency and safety services.
D.
A copy
of any permits issued at the time of submittal, including any DEP
permits and any applicable PennDOT or municipal highway occupancy
or driveway permits.
3.
If after
reviewing the zoning application the Zoning Officer determines that
a conditional use hearing is required, the Township will give written
notice to adjacent property owners within 300 feet of the nearest
line of the property for which the conditional use is sought at least
seven days prior to the hearing.
4.
A zoning
permit shall not be issued for any well to be drilled within any floodway
identified in the flood insurance study (FIS) prepared and approved
by Federal Emergency Management Agency (FEMA).
A.
Drilling
and placing associated structures and equipment are not permitted
in the floodway of the regulated floodplain.
B.
Earth
moving activities that do not materially change the contour of the
land are permitted for the purpose of pipeline installation.
C.
Drilling
associated structures, equipment, development and disturbance in the
remainder of the regulated floodplain are discouraged. Upon reasonable
justification submitted by the applicant that the only suitable place
on the property controlled by the applicant to access the gas or oil
is from a site area located in the flood fringe segment of the regulated
(or 100-year) floodplain, a zoning permit may be issued by the Zoning
Officer, provided:
