[Ord. 896, 1/21/2012, § 1]
The purpose of this Part is to provide for the health, safety
and welfare of the residents of the Township through the implementation
of reasonable zoning provisions under the MPC and floodplain management
provisions under the Floodplain Management Act and to permit the reasonable
development of oil and gas resources in accordance with Act 13. Oil
and gas 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 operations so that
they can be conducted in a manner that is economically remunerative
and beneficial to the Township, yet the potential negative impact
on the residents of the Township can be minimized.
[Ord. 896, 1/21/2012, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
Act 13 of 2012 (H.B. 1950), P.L. 87, § 1, approved
February 14, 2012, 58 Pa.C.S.A. § 2301 et seq., which is
also known as the "Unconventional Gas Well Impact Fee Act," as well
as any amendments thereto and regulations promulgated thereunder.
Any person, owner, operator, partnership, company, corporation
or other entity seeking to conduct oil and gas operations within the
Township.
An occupied structure with walls and a roof within which
persons live or customarily work.
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
of Pennsylvania.
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or redrilling a well
for the production of oil or natural gas.
The Police Department serving the Township, the Pennsylvania
State Police, all fire companies serving the Township, all EMT and
ambulance companies serving the Township, and the Township and county
Emergency Management offices.
All statutes enacted by the commonwealth relating to the
protection of the environment or the protection of public health,
safety and welfare, that are administered and enforced by the department
or by another commonwealth agency, including an independent agency,
and all federal statutes relating to the protection of the environment,
to the extent those statutes regulate oil and gas operations.
Water obtained from a water purveyor, hydrant, municipal
tap, stream, lake, water well, spring, or other source that has not
been utilized in commercial or industrial operations. Fresh water
does not include exploration and production fluids such as produced
water, flowback fluids, re-use water, or mine influenced water.
[Added by Ord. No. 942, 3/4/2019]
A lined excavated depression, pit, tank-type structure or
closed-loop facility situated in or upon the ground, whether natural
or artificial, that is used to store fresh water.
[Added by Ord. No. 942, 3/4/2019]
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as "associated gas" or "casing head gas," natural gas fields known
as "nonassociated gas," coal beds, shale beds and other formations.
The term includes coal bed methane.
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. The term includes 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.
Hydrocarbons in liquid form at standard temperature of 60º
F. and pressure 14.7 psia. This term is also referred to as "petroleum."
The term includes the following:
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations;
Construction, installation, use, maintenance and repair of:
Oil and gas pipelines, including all pipelines extending to
or from an oil or gas well site, but excluding gas pipelines which
are used solely to transport natural gas for residential purposes;
[Amended by Ord. No. 942, 3/4/2019]
Natural gas compressor stations; and
Natural gas processing plants or facilities performing 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. This term shall include an unconventional
gas well.
The location where facilities, structures, materials and
equipment, whether temporary or permanent, necessary for 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 or the operator
of another oil and gas operation on the permit application or well
registration.
A public or private recreation facility, except one located
on a residential lot, which shall include soccer fields, basketball
courts, baseball fields, golf courses, tennis courts, playgrounds,
and other similar sports facilities that are used for leisure and
recreation purposes.
A person or entity that owns, manages, leases, controls or
possesses an oil or gas well or other oil and gas operation.
A use which, upon submission of written notice to and receipt
of a permit issued by a zoning officer or equivalent official, is
authorized to be conducted without restrictions other than those set
forth in Section 3304 of Act 13.
A well that is 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.
A geological shale formation existing below the base of the
Elk Sandstone or its geologic equivalent stratigraphic interval 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.
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation. The term shall also include wells that utilize hydraulic
fracture treatment through a single vertical well bore and produce
natural gas in quantities greater than that of a stripper well.
A lined excavated depression, pit, tank-type structure or
closed-loop facility situated in or upon the ground, whether natural
or artificial, that is used to store wastewater, including, but not
limited to, brine, fracturing fluid or residual waste, excluding any
temporary tank-type structure, or closed container, of less than 17,000
gallons used to hold wastewater from a single oil and gas pad until
it is removed from the site.
[Added by Ord. No. 942, 3/4/2019]
The area of surface operations immediately surrounding the
surface location of a well or wells. Such area shall not include an
access road to the well pad and shall not include the entirety of
an oil or gas well site.
[Ord. 896, 1/21/2012 § 3; as amended by Ord. No. 942, 3/4/2019]
Subject to the provisions of this Part, and in order to allow
for the reasonable development of oil and gas resources, the following
zoning classifications shall apply:
A.
Well and Pipeline Assessment Operations. Well and pipeline assessment
operations, including seismic operations and related activities, shall
be a conditional 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.
Oil or Gas Wells and Oil or Gas Well Sites. Oil or gas wells and
oil or gas well sites shall be a conditional use within all zoning
districts, provided that the well site must be placed so that the
wellhead is at least 750 feet from any existing building and 1,500
feet from any property line on which a school building is located.
If the wellhead is located less than 750 feet from any existing building,
the Township Commissioners shall have the ability to approve the application
with conditions only if each affected property owner located less
than 750 feet from the existing building signs a written waiver. In
addition, the following restrictions shall also apply in all residential
zoning districts:
(1)
Oil or gas well sites are prohibited unless the outer edge of
the well pad is at least 750 feet from an existing building and 1,500
feet from any property line on which a school building is located.
If the outer edge of the well pad is located less than 750 feet from
any existing building, the Township Commissioners shall have the ability
to approve the application with conditions only if each affected property
owner located less than 750 feet from the existing building signs
a written waiver.
(2)
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 500 feet of an
existing building. The Township Commissioners shall have the ability
to approve the application with conditions only if each affected property
owner located less than 500 feet from the existing building signs
a written waiver.
C.
Oil or gas well sites are prohibited unless such site is located
on a minimum parcel of 10 acres.
D.
Wastewater
or Centralized Impoundment Areas. Wastewater or centralized impoundment
areas used for oil and gas operations shall be a conditional use only
within industrial zoning districts, provided that the edge of the
impoundment area shall not be closer than 400 feet from an existing
building. Wastewater or centralized impoundment areas shall be prohibited
in all other zoning districts.
E.
Freshwater
Impoundments. Freshwater impoundments shall be a conditional use within
all zoning districts. The outer edge of the freshwater impoundment
shall not be closer than 300 feet from an existing building. The Township
Commissioners shall have the ability to approve the application with
conditions only if each affected property owner located less than
300 feet from the existing building signs a written waiver.
F.
Freshwater
intake facilities shall be a conditional use in all zoning districts.
Any pump station building shall be at least 200 feet from any existing
building. The Township Commissioners shall have the ability to approve
the application with conditions only if each affected property owner
located less than 200 feet from the existing building signs a written
waiver.
G.
Natural Gas Compressor Stations.
(1)
Conditional Use. Natural gas compressor stations shall be a
conditional use only within industrial zoning districts, provided
that the natural gas compressor stations satisfy the distance and
noise restrictions set forth in § 603G(3).
(2)
Prohibition. Natural gas processing plants shall be prohibited
in all zoning districts other than as set forth in § 603G(1).
(3)
Distance and Noise Restrictions. In order to be eligible for
approval as a conditional use, natural gas compressor stations must:
(a)
Be located 750 feet or more from the nearest existing building
or 200 feet from the nearest lot line, whichever is greater, unless
waived by the owner of the building or adjoining lot; and
(b)
Operate in such a manner that the noise level generated by the
natural gas compressor station does not exceed a noise standard of
60 dbA at the nearest property line or the applicable standard imposed
by federal law, whichever is less.
H.
Natural Gas Processing Plants.
(1)
Conditional use. Natural gas processing plants shall be a conditional
use only within Industrial Zoning Districts, provided that the natural
gas processing plants satisfy the distance and noise restrictions
set forth in § 603G(3).
(2)
Prohibition. Natural gas processing plants shall be prohibited
in all zoning districts other than as set forth in § 603G(1).
(3)
Distance and Noise Restrictions. In order to be eligible for
approval as a conditional use, natural gas processing plants must:
(a)
Be located 750 feet or more from the nearest existing building
or 200 feet from the nearest lot line, whichever is greater, unless
waived by the owner of the building or adjoining lot; and
(b)
Operate in such a manner that the noise level generated by the
natural gas processing plant does not exceed a noise standard of 60
dBA at the nearest property line or the applicable standard imposed
by federal law, whichever is less.
I.
Oil and gas operations shall be a conditional use within all zoning
districts, subject to the restrictions specifically set forth in § 603B
through E, as well as generally set forth in this Part.
[Ord. 896, 1/21/2012 § 4]
1.
This Part applies to all oil and gas operations, 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 will be permitted or constructed after the effective date of
the Part.
2.
Oil and gas operations, 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 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 operations after the
effective date of this Part that alters the size, type, location,
number of wells or physical modifications to existing structures or
the situs of oil and gas operations 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. 896, 1/21/2012 § 5; as amended by Ord. 910,
3/17/2014; and by Ord. No. 942, 3/4/2019]
1.
No oil and gas operations shall be performed, constructed or located
within the Township until the owner and/or operator of the oil and
gas operations has submitted an application for a zoning certificate
and a zoning certificate has been issued by the Township's Zoning
Officer or other equivalent official approving the performance, construction
or location of the oil and gas operations.
2.
The written notice of request for a permit, or amended application,
if necessary, shall be accompanied by payment of an application fee
in the amount of $10,000. The application fee is for purposes of payment
for expenses incurred or to be incurred by the Township for the administration
of the application. Fees may be adjusted by the Township Board of
Supervisors from time to time by resolution. To the extent that the
same is not otherwise included or provided, copies of applications
for permits from the Commonwealth of Pennsylvania or other government
agency shall be submitted to the Township at the time the application
for conditional use is submitted to the Township.
3.
Prior to making any modification to an existing and certified oil
or gas well site that alters the size, location, accessory equipment
or structures, the owner and/or operator shall make a written application
for and obtain a modified zoning certificate from the Township pursuant
to this Part. Like-kind modifications and replacements shall be exempt
from this requirement.
4.
Prior to making any modification to any other existing and certified
oil and gas operation, including, but not limited to, a natural gas
compressor station, natural gas processing plant or impoundment area,
other than like-kind modifications and replacements, the owner and/or
operator shall make a written application for and obtain a modified
zoning certificate from the Township pursuant to this Part.
5.
The owner or operator of a proposed oil and gas operation shall obtain
a grading permit, if applicable, pursuant to the Township's Subdivision
and Land Development Ordinance prior to conducting any grading or
earthmoving.
6.
The owner or operator of a proposed oil and gas operation shall obtain
a building permit and occupancy permit, as appropriate for the use.
7.
The owner or operator shall be responsible to pay the Township's
reasonable attorney fees and engineering fees and expert costs borne
in connection with the conditional use application and hearing process.
[Ord. 896, 1/21/2012 § 6]
1.
Purpose. Before seeking a permit to construct or conduct oil and
gas operations, the applicant is strongly encouraged to meet with
the Township's staff to determine the requirements of and the procedural
steps and timing relating to the written notice of request. The intent
of this process is for the applicant to obtain necessary information
and guidance from the Township's staff before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
2.
Process. A pre-permit 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 pre-permit 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 written request for a permit or to act within any time
limit relative to the date of such conference.
3.
First Responders. Before seeking a permit, the Township and the applicant
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, the owner/operator will, prior to
the 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 a period when the owner/operator
anticipates drilling activities in the Township. In addition, at the
owner/operator's expense, the owner/operator shall facilitate training
of the Township's first responders by a company that solely performs
said functions on a daily basis, during its course and scope of business.
[Ord. 896, 1/21/2012 § 7]
1.
The applicant's written notice of request for a permit to conduct
oil and gas operations shall include the following:
A.
A brief narrative of the project, the address where the oil and gas
operations will take place and the contact information for the individual(s)
responsible for the oil and gas operations, including a phone number
where such individual(s) can be contacted 24 hours a day, 365 days
a year.
B.
Verification that the applicant has:
(1)
Received all permits or other written approvals required by
the Department or other state and/or federal regulatory agencies before
constructing or conducting oil and gas operations; and
(2)
Accepted and complied with any and all applicable bonding, fee,
and permitting requirements, including, but not limited to, those
imposed by Act 13.
(3)
A certificate of liability insurance naming the Township as
an additional insured. With respect to operations conducted within
the Township and showing liability insurance coverage covering commercial,
personal injury, and general liability in the amounts not less than
$10,000,000 per occurrence, $50,000,000 per aggregate and $10,000,000
property damage.
[Amended by Ord. No. 942, 3/4/2019]
(4)
A location map of the oil or gas well site, impoundment area,
natural gas compressor station, natural gas processing plant or other
oil and gas operations showing, as appropriate, the approximate location
of derricks, drilling rigs, wells, 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 for the normal flow of traffic on public streets,
which shall be undisturbed. Parking spaces shall be provided for the
total number of persons employed at the site during the highest shift
plus three additional parking spaces. Separate parking spaces shall
be provided for each tractor trailer or container vehicle on the site
on a daily basis plus two additional parking spaces for such vehicles.
(5)
A 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, impoundment area, natural gas compressor
station, natural gas processing plant, or other oil and gas operations.
(6)
Verification that, prior to the commencement of any activity
relating to oil and gas operations, the applicant shall have entered
into an appropriate Township roadway maintenance and repair agreement
with the Township, in a form acceptable to the Township's Solicitor,
regarding the maintenance and repair of the Township's streets that
are to be used by vehicles for site construction, drilling activities
and other site operations.
(7)
Verification that a copy of the applicant's emergency management
plan has been made available to the Department, the Township and all
emergency responders and that the applicant, upon changes occurring
to the emergency management plan, will immediately make available
a revised copy to the Department, the Township and all emergency responders.
2.
If the written notice of request for a permit is complete and fulfills
the requirements of this Part, the Township shall issue or deny a
permit within 30 days (for permitted uses) or within 120 days (for
conditional uses) following the date of submission to the Township.
3.
If the written notice of request for a permit is incomplete and/or
inadequate, the Township shall notify the applicant within 15 days
of its receipt. The applicant shall be permitted to submit a revised
written notice.
[Ord. 896, 1/21/2012 § 8]
1.
Streets and Access Roads.
A.
Access to oil and gas operations shall be arranged in a manner that
minimizes the danger to traffic and nuisance to surrounding properties
and maintains the integrity of the Township's roads.
B.
No oil and gas operations shall be accessed solely through a local
street. Whenever possible, access to oil and gas operations should
be from a collector street. The Township shall approve access through
a local street if no other access route is feasible.
C.
Accepted professional standards pertaining to minimum traffic sight
distances for all access points shall be adhered to by the owner and
operator of the oil and gas operations.
D.
All owners and/or operators that conduct oil and gas operations shall
comply with any generally applicable bonding, excess maintenance agreements
and permitting requirements for roads in the Township that are to
be used by overweight vehicles and equipment for purposes of development.
The Township agrees to comply with Title 75 and the MPC in connection
with its regulation of vehicular access routes for overweight vehicles.
E.
All owners and/or operators that conduct oil and gas operations must
ensure that Township streets utilized by them, as well as their agents
and contractors, shall remain free of dirt, mud and debris resulting
from oil and gas operations. Such streets must be promptly swept or
cleaned if dirt, mud and debris occur as a result of usage by the
owner and/or operator or their agents and contractors.
F.
Access Road Setbacks.
(1)
Any newly established private easements/roadways constructed
on the parcel containing an oil and gas operation shall be located
at least 50 feet from any property line unless written consent is
obtained from the adjoining property owner(s).
(2)
The access road shall be paved for the first 50 feet and be
constructed with an additional 150 feet of limestone in a manner that
reasonably minimizes water, sediment or debris carried onto any public
road and prevents dust and mud. This work shall be completed prior
to the commencement of oil and gas operations.
2.
Construction.
A.
The duration of construction activities of oil and gas operations
shall not exceed the actual time period reasonably necessary to conduct
the construction activities at issue. In no event shall the aforementioned
time provided exceed 12 months unless authorized by the Township.
B.
Construction of oil and gas operations shall comply with the Pennsylvania
Uniform Construction Code, 35 P.S. §§ 7210.101 to 7210.1103,
as amended.
C.
No on-site burial of pond liners, drilling residuals, or hydraulic
fracturing residuals is permitted. The operator must remove all rubbish,
construction materials, and all debris in a prompt manner in the interest
of public safety.
3.
Structure Height.
A.
No permanent structure shall be erected to a height in excess of
50 feet.
B.
Heights of Structures During Construction Phase. Restrictions on
structure heights during the construction of oil and gas operations
shall be no more stringent than those imposed on other industrial
uses within the Township.
4.
Screening and Fencing.
A.
During the construction of oil and gas operations, there must be
temporary security fencing of at least six feet in height around the
perimeter of the site, unless adequate levels of manned twenty-four-hour
on-site supervision and security are provided.
B.
Upon completion of construction of oil and gas operations, security
fencing consisting of a permanent chain-link fence shall be promptly
installed to secure, among other things, well heads, storage tanks,
separation facilities, water or liquid impoundment areas, and other
mechanical and production equipment and other structures on the site
of the oil and gas operations.
C.
Permanent security fencing shall be at least six feet in height equipped
with lockable gates at every access point.
D.
Emergency responders shall be given means of access to the site of
oil and gas operations in case of an emergency.
E.
Warning signs shall be placed as appropriate on the fencing surrounding
the site of oil and gas operations providing notice of the potential
dangers and the contact information in case of an emergency.
F.
When constructing oil and gas operations, the natural surroundings
should be considered and attempts made to preserve existing trees
and other native vegetation. Brush and trees shall not be cleared
by way of burning, except in a manner that complies with the Township's
burn ban ordinance.
5.
Lighting.
A.
Lighting used in connection with oil and gas operations 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
300 feet of the oil or gas well development.
B.
No lights located on the site of any oil and gas operations shall
be directed in such a manner so that they shine directly on public
roads, protected uses, adjacent properties and property in the general
vicinity of the site of oil and gas operations.
6.
Noise.
A.
Prior to the construction and operation of an oil and gas operation,
including, but not limited to, the drilling of an oil or gas well
or the operation of a natural gas compressor station or natural gas
processing plant, the operator 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 operator 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.
B.
The operator shall provide the Township documentation of the established
ambient noise level prior to constructing or conducting oil and gas
operations.
C.
The noise generated during oil and gas operations shall not exceed the average ambient noise level established in Subsection 6A by more than:
D.
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.
E.
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, natural gas compressor station, natural gas processing
plant or other oil and gas operation for good cause shown and upon
written agreement between the applicant and the Township.
F.
Complaints received by the Township shall be addressed by the operator
within 24 hours following receipt of notification. Upon request of
the Township, the operator shall provide 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 operator shall report the findings to the
Township and shall mitigate the problem to the allowable level if
the noise level exceeds the allowable rate.
G.
Natural gas compressor stations and natural gas processing plants
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.
H.
The operator
shall install sound mitigation walls or other sound mitigation devices
as approved by the Township Commissioners on all sides of the outer
edge of the well pad which are within 750 feet of any existing building.
[Added by Ord. No. 942, 3/4/2019]
7.
Hours of Operation.
A.
No construction activities performed in connection with oil and gas
operations, except for the assembly and disassembly of drilling rigs,
shall be performed except between the hours of 7:00 a.m. and 7:00
p.m., or as otherwise authorized by the Township. There shall be no
restriction on the hours of operation during the assembly and disassembly
of drilling rigs.
B.
No oil and gas operations, except for subterranean operations and
the drilling of wells and the operation of natural gas compressor
stations and natural gas processing plants, shall take place except
between the hours of 7:00 a.m. and 7:00 p.m. There shall be no restriction
on the hours of operation for the drilling of wells and the operation
of natural gas compressor stations and natural gas processing plants.
8.
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 than 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.
9.
Right of entry. The authorized Township official may enter the premises
or structure during normal business hours to verify or enforce provisions
of this Part. If premises or structure is unmanned, access shall be
granted within 24 hours of notification to the owner/operator, or
if there is reasonable cause to believe a condition exists on the
premises which violates the ordinance, constituting an unsafe condition.
10.
On-site workers. Bunk housing of site workers is not permitted at
any well location or anywhere within the Township. The Township acknowledges
that certain supervisory personnel (not to exceed six individuals)
are required for reasons of safety to be present at the multiwell
drilling pad to which this conditional use approval relates on a continuous
basis during certain operations, and resting accommodations for such
supervisory personnel are not affected by the foregoing condition.
Prior to utilizing any such accommodations, the owner/operator shall
provide to the Township a list of the job titles which constitute
supervisory personnel.
[Ord. 896, 1/21/2012 § 10; as amended by Ord. No. 942, 3/4/2019]
Any owner, operator, or other person who violates or permits a violation of this Part shall be subject to the enforcement procedures as set forth by Ordinance No. 820, as amended by Ordinance No. 874, Chapter 27, § 2001; except that the fine for violation of this Part shall be not more than $ 1,000 per day.
[Added by Ord. No. 942, 3/4/2019]
This Part shall take effect five days after passage.
