[Added 12-13-2010 by Ord. No. 01-2010]
A.Â
It is hereby declared to be the purpose of this article to declare
the development of oil and gas a permitted use by right in all parts
of the Township. Allegheny Township recognizes that the regulation
of oil and gas operations 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 Pennsylvania Statute Title
53, Municipalities Planning Code ("MPC")[1] and through the Allegheny Township Zoning Ordinance. It
is in the Township's best interest to have information concerning
oil and gas exploration, development, and production taking place
within the Township and to ensure certain security and safety measures
related to oil and gas well drilling are in place in certain areas.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.Â
Oil and gas development sites permitted under this chapter prior
to the effective date of this article shall not be required to meet
the requirements of this article. 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 article.
As used in this article, the following terms shall be interpreted
or defined as follows:
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 has 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
terms 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) has (have) signed
a waiver relieving the operator from implementation of the measures
established in § 167-3O of this article for the owner's
(occupant's) benefit.
Allegheny Township, Westmoreland County, Pennsylvania.
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
Allegheny Township hereby declares that oil and gas development
is a permitted use by right in all Zoning Districts in the Township
subject to the following standards:
A.Â
Operators shall comply with any generally applicable bonding and
permitting requirements for Township roads that are to be used by
overweight vehicles and equipment for development activities.
B.Â
Operators shall take the necessary safeguards to ensure that the
Township 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.
C.Â
Operators 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, operators 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.Â
Operators 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, operators shall be permitted to, consistent
with Allegheny Township's relevant outdoor burning ordinance(s)[1] 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.Â
Prior to development, operators shall provide to the Township's
first responders, through its Police Department Coordinator, and to
the Zoning Officer, a copy of its preparedness, prevention and contingency
("PPC") plan.
F.Â
Before drilling, the Township 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,
operators 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.Â
Operators shall take the necessary safeguards to ensure appropriate
dust control measures are in place.
H.Â
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, operators shall strive to consider location
of their temporary and permanent operations, where prudent and possible,
so as to minimize interference with Township residents' enjoyment
of their property.
I.Â
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 drillsite, wellhead, or other
area being developed so as to attempt to minimize glare on public
roads and adjacent buildings within 300 feet of the drillsite, wellhead,
or other area being developed.
J.Â
Prior to drilling an oil and gas well or multiple oil and gas wells
at a location, but no later than two weeks prior to drilling, the
operator shall provide the following information to each resident
within 1,000 feet of the planned surface location of the well(s):
(1)Â
A copy of the well survey plat showing the location(s) of the
planned well(s);
(2)Â
A general description of the planned operations at the planned
well(s) and associated equipment used in the development of the well(s);
(3)Â
The contact information for the operator; and
(4)Â
The availability of the operator to hold a meeting with such
residents to present the 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.Â
For informational purposes only, the operator shall provide to the
Township Zoning Officer, at least 10 days prior to well site construction:
(1)Â
A map/plan showing the planned access route to the well sites
on public roads.
(2)Â
Information on the status of road bonding.
(3)Â
The operator's erosion and sedimentation plan.
(4)Â
The well survey plat showing the planned surface location(s)
of the well(s).
(5)Â
A narrative describing the proposed drilling use, including:
(a)Â
The approximate number of acres to be disturbed for development;
(b)Â
The proposed number of wells, including DEP permit number(s)
for any or all wells if available at the time of submittal and provided
when issued later; and
(c)Â
A description of how damage to public roads adjacent to the
tract will be addressed.
(6)Â
A statement that the development will be constructed and operated
in compliance with all federal and state permitting requirements.
(7)Â
A copy of any and all permits issued at the time of submittal,
including any DEP permits and any applicable PENNDOT or municipal
highway occupancy and driveway permits.
(8)Â
The contact information for the operator.
L.Â
For information purposes only, 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.Â
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)Â
Install chain link fencing, at least six feet in height, around
drilling and hydraulic fracturing equipment and install permanent
fall protection fencing meeting OSHA requirements around any pits
that contain or could contain water or other liquids at depths greater
than two feet. A sample standard follows for guidance:
(a)Â
Support posts shall be set in concrete and imbedded into the
ground to a depth sufficient to maintain the stability of the fence.
Temporary fence posts shall not be required to be set in concrete;
(b)Â
The chain link fence shall have a minimum thickness of 11 gauges;
(c)Â
Tension rods shall be three-eighths-inch round steel bolt stock.
Adjustable tighteners shall be turnbuckle or equivalent having six-inch
minimum take-up. Tension bars shall have minimum thickness of 1/4
by 3/4 inch;
(d)Â
All chain link fences shall be equipped with at least one gate.
The gate shall meet the following specifications:
[1]Â
Each gate opening shall not be less than 12 feet
wide and be composed of two gates, each of which is not less than
six feet wide, or one sliding gate not less than 12 feet wide. If
two gates are used, gates shall latch and lock in the center of the
span.
[2]Â
The gates shall be provided with a combination
catch and locking attachment device for a padlock, and shall be kept
locked except when no one is working on the site.
(2)Â
Install warning signs providing notice of the potential dangers
at the well site.
(3)Â
Provide at lease one security guard 24/7 at all times when a
drilling rig or hydraulic fracturing equipment is on the well site.
N.Â
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.Â
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)Â
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 article, 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)Â
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)Â
Exceeding average or default ambient noise level.
(a)Â
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)Â
The operator shall inform the Township of which level (average
ambient noise level or default level) is being used.
(4)Â
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
|
|
NOTES:
| ||
|
*Cumulative minutes during any one hour.
| ||
(5)Â
If a complaint is received by the Township 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)Â
If the operator engages in any noise testing as required by
this article, 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, the 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)Â
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 an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
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)Â
All workover operations shall be restricted to the hours of
6:00 a.m. to 10:00 p.m., except to 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.
P.Â
Subsections E, F and M of this section shall not apply to coal bed methane and conventional oil and gas well drilling and completion activities, i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, and such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days, total, in any calendar year.
Q.Â
The operator shall maintain at the property and on file with the
Township Manager a current list and the material safety data sheets
(MSDS) for all chemicals used in the drilling operations (including
but not limited to type of additives, polymers, salts, surfactants
and solvents) and in any hydraulic fracturing operations.
R.Â
Junk, refuse, trash or abandoned material shall not be disposed of
on site. All refuse stored on site for final off-site disposal shall
be located within a building, covered dumpster or other enclosure
designed and constructed for the proper storage of such material.
T.Â
Signal interference. The applicant shall make reasonable efforts
to avoid and/or mitigate any disruption or loss of radio, telephone,
cellular phone, television or similar signals, and shall mitigate
any harm caused by the oil and gas use in a timely manner.
Any operator or person performing work at his/her direction
who violates or permits a violation of this article shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township 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 article.
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 article shall also be responsible for the Township's
attorney's fees, engineering fees, expert fees and court costs
associated with enforcement.
