1. Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with the municipalities' residents' enjoyment of their property and future development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:
A. Lawful existing or authorized uses of adjacent properties.
B. Neighboring flood-prone or landslide-prone areas.
C. Agriculture or farmland.
2. A special exception application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.
3. Special exception approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the special exception. The special exception approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested special exception permit for such location has not changed.
4. As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.
5. Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:
A. Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.
B. The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.
C. If the access road is less than 200 feet, the entire road must be limestone.
6. The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.
A. The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all State and Federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.
B. As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.
C. Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by 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 the manufacturer's specifications.
D. Noise. The municipalities may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the applicable municipality and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.
(1) The noise generated during operating 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 72-hour evaluation:
(a) During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.
(b) During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.
(2) Sound Test.
(a) If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the applicable municipality will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the municipality that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the municipality, continuously monitor for a 48-hour period at a point which is the closer to the complainant's building of:
(i) The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(ii) 100 feet from the protected structure, whichever is closer.
(b) If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.
E. Drip pans must be placed in any location, under equipment, that has the potential to leak.
F. All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.
G. All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the applicable municipality.
H. Processing plants shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the plant, municipal staff or consultants designated by the applicable municipality shall have access to the site to determine continuing compliance with the special exception approval.
I. The applicant will reimburse the applicable municipality for all reasonable and direct professional consultant fees incurred by the applicable municipality related to site inspection, approval process, or for specialized work called for in the permit.
J. The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.
K. Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.
L. The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of the municipalities right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the municipalities or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.
(Ord. 2024-01, 5/13/2024)