(A) Access.
(1) No oil or gas well site shall have access solely through a private road. Whenever possible, access roads to the oil or gas well site should be from a local or collector street. There shall be adequate area on the development site for staging trucks waiting to make deliveries or service to the site that does not unreasonably disrupt the normal flow of traffic on the public street.
(2) Accepted professional and/or PennDOT standards pertaining to minimum traffic sight distances for all access points shall be followed.
(3) The access road to the well site shall be required to be improved and maintained before entering township or state roads in such a manner that no excess water, sediment or debris will be carried onto any public streets or roadways.
(4) Any newly established private easements/roadways constructed on the parcel containing the well site shall be located at least 25 fee from any property line unless consent is obtained from the adjoining property owner. Existing easements/roadways shall be exempt from the requirement to obtain consent from adjoining property owner, provided however that the township may permit a permanent easement/roadway to be located closer than 25 feet from any property line upon showing by the applicant that the location of such easement/roadway cannot be constructed as required due to topographical or environmental constraints.
(5) Approved compliance with the Commonwealth's ESCGP-1 permitting process shall satisfy the requirements of this section.
(B) Structure height.
(1) Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the respective height regulations for the Agricultural (A-l), Light Commercial (C-l), Highway Commercial (C-2) And Industrial (I) Zoning Districts in which the oil or gas well site is located.
(2) Permanent structures associated with compressor stations or natural gas processing facilities shall comply with the respective height regulations for the Agricultural (A-l), Light Commercial (C-l), Highway Commercial (C-2) and Industrial (I) Zoning Districts in which same are located.
(3) There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well.
(a) The duration of such exemption shall not exceed the actual time period of active drilling or redrilling of an oil or gas well.
(b) The time period of such drilling and exemption shall not exceed six months unless extended in writing as necessary and reasonable upon request of the applicant.
(c) The operator shall give the township prior written notice of the beginning date for its exercise of the exemption.
(C) Setbacks. To be measured from the well head as a center point.
(1) Drilling equipment shall be located a minimum setback distance of 200 feet from any building not related to the development.
(2) The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the respective Agricultural (A-l), Light Commercial (C-l), Highway Commercial (C-2) And Industrial (I) Zoning Districts in which the oil or gas well site is located.
(3) Compressor stations and natural gas processing facilities shall comply with all respective setback and buffer requirements of the Agricultural (A-l), Light Commercial (C-l), Highway Commercial (C-2) And Industrial (I) Zoning Districts in which they are located.
(4) Exemption from the standards established in this subsection may be granted by the township upon a showing by the applicant that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.
(5) Drilling pads, compressor stations and natural gas processing facilities shall be set back 500 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
(6) Well heads shall be set back 200 feet from any existing water wells.
(7) Drilling pads, compressor stations and natural gas processing facilities shall be set back 200 feet from all property boundaries, property lines, properties designated as landfills, properties containing hazardous substances, public streets or private streets not servicing the site.
(8) If there is a reasonable likelihood of disturbance to endangered species or crucial habitations, sufficient setbacks shall be met to ensure the preservation of threatened or endangered species or crucial habitations such that there shall be minimal to no habitat disturbance as determined by the Department of Conservation and Natural Resources.
(D) Fencing, signage, screening.
(1) Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned 24-hour on-site supervision and security are being provided.
(2) Upon completion of drilling or redrilling, security fencing consisting of a permanent chain link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site. Fencing is not required as long as 24-hour on-site supervision and security are being provided.
(3) Security fencing shall be constructed in accordance with existing zoning ordinance provisions.
(4) Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in the event of an emergency.
(5) In construction of oil or gas well sites the natural surroundings should be considered and measures taken to preserve existing trees and other native vegetation to promote and utilize natural screening.
(6) Water impoundments containing wastewater shall be fenced and covered with protective bird netting to ensure the safety of animal and bird species.
(E) Lighting.
(1) Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, 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.
(2) Lighting at a compressor stations or a natural gas processing facilities shall, when practicable, be limited to security lighting.
(F) Noise. 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 the conditional use application submittal, the operator shall establish a continuous 72-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. 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, 72-hour evaluation, relied upon to establish an ambient noise level to the Township's Zoning Officer within three business days of such a request from the Zoning Officer and at the conditional use hearing.
(3) If it is determined that any residents, regardless of their status of residing or working in a protected structure may be adversely affected by the noise at the site, township may require that noise abatement measures be implemented including, but not limited to, the erection of sound walls around the site.
(4) 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 48-hour period at a point which is the closer to the complainant's building of:
(a) The complainant's protected structure property line nearest to the wellsite or equipment generating the noise; or
(b) One hundred feet from the protected structure.
(5) If the operator engages in any noise testing as required by this subchapter, it will provide preliminary data to the township no later than ten 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 additional abatement measures are warranted.
(G) Prohibitions and precautions.
(1) 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.
(2) Oil and gas drilling in the 100-year floodplain is discouraged but may be permitted by the township in its sole discretion if the following provisions are met.
(a) The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other then a location within the floodplain.
(b) An adequate emergency evacuation plan shall have been produced by the applicant and filed with the township.
(c) 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.
(d) Only necessary and needed structures will be permitted within the floodplain.
(e) All structures within the flood zone shall be designed to withstand a 100-year storm event.
(f) 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.
(3) (a) Oil and gas operations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances. Owners and operators shall take the necessary safeguards to ensure appropriate dust control measures are in place. 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 equipped with (i) an exhaust muffler or (ii) 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.
(b) The emissions of dust, smoke, refuse matter, odor, gas, fumes or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission is prohibited. Dust control measures shall be used to stabilize soil from wind erosion and to reduce dust generated from drilling or site activities, including:
1. Stabilize exposed soils using vegetation, mulching, spray-on adhesives, calcium chloride, sprinkling, and stone and gravel layering.
2. Stabilize unpaved haul roads, parking and staging areas within the site.
3. Minimize the impact of dust by anticipating the direction of prevailing winds.
4. Direct construction and commercial vehicle traffic to stabilized roadways within the site.
5. Pave, vegetate, or chemically stabilize access points where unpaved traffic surfaces adjoin paved public streets.
6. Provide for wet suppression or chemical stabilization of exposed soils.
7. Provide for rapid clean-up of sediments deposited on paved roads.
8. Furnish vehicle wash down areas.
9. Reduce speed to 15 mph or less and reduce trips on unpaved roads on site.
10. Implement dust control measures for material stockpiles.
11. Stabilize abandoned construction/staging areas on site using vegetation or chemical stabilization methods.
(4) A dust control plan shall be submitted with the site plan, demonstrating compliance with this subdivision.
(5) A worker, agent, contractor or employee connected with an oil or gas operation shall be prohibited from residing and living on the site for more than two consecutive weeks at a time during active drilling operations. Once active drilling has ceased no person shall be permitted to reside on the site.
(6) Water impoundments shall only be permitted on sites approved for deep well drilling and only on the same site serviced by said impoundment. Sediment and hydraulic fracturing wastewater may be disposed of only in approved landfill sites and shall not be disposed of on the same site as the oil and gas development unless treated and approved for disposal by the department and/or the EPA. All water impoundments must be completely enclosed with fencing in accordance with township standards. Proposed water impoundments must be included in the conditional use application for review and approval by the township.
(7) Owners or operators shall take all necessary precautions to minimize odors during the drilling or hydraulic fracturing process. If odors resulting from the drilling or hydraulic fracturing process or odors emanating from the well sites result in nuisance complaints being lodged by township residents, the owner or operator shall meet with the township and any affected residents to implement, where warranted and required by the township, effective odor control measures.
(8) Owners or operators shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways, i.e. persons waiting for public or school transportation, crosswalks, etc. Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with the development, owners or 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. In the alternative, owners or operators, with the township's consent and agreement, will reimburse the township to provide such required safety measures. Operator will coordinate its efforts with the school district so as to minimize heavy truck traffic during the hours when school buses are picking up or dropping off children.
(9) Owners or operators shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps and limbs from properties it clears for development purposes unless done so in conformity with township ordinances.
(10) Any workover operations, as defined herein, shall be subject to all applicable criteria of this subchapter. Workover operations shall not commence until the operator provides written notice to the Township Zoning Officer at least 60 days in advance. The Township Zoning Officer may authorize the workover operations provided all conditions attached to the original conditional use approval for the well site and all applicable criteria of this subchapter are met. The Zoning Officer has the discretion to refer the operator's request to the Board of Supervisors for an amended conditional use approval. The Board of Supervisors may conduct a public hearing and may refer the request to the Township Planning Commission before acting on an amendment to the original conditional use application.
(11) Prior to commencement of drilling activities at the site, the operator, township, representatives of the school district and public safety officials may hold a safety conference to address any of the requirements set forth in this subchapter.
(12) Hours of construction during site grading, preparation of installation of roads, drilling pads, water impoundments, noise barriers and related facilities shall be 7:00 a.m. to 7:00 p.m. There is no limit on hours of operation during active drilling and fracking as long as compliance with the other provisions of this subchapter is maintained.
(13) The township may require the operator to conduct an informational meeting for residents within 1,000 feet of the well site at least 30 days prior to beginning construction on the site. Information to be provided to the residents should include a survey of the well site, a general description of the proposed facilities, the equipment to be used during site development, explanation of drilling and "fracking" and contact information for the operator and the site supervisor.
(14) There shall be no seismic testing unless specifically requested by the owner or operator and approved by the township.
(15) If a spill, fire or other reportable violation of any federal, state or local law occurs at the drill site or in the township by operator or its subcontractors, operator will notify the township immediately, in all circumstances not later than 24 hours after the incident occurred or, if the incident is ongoing, not later than 24 hours after it began.
(16) 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 can request a waiver from the township from any condition set forth herein, if in the sole discretion of the township, the conditions are not necessary to protect the health, safety and welfare of the residents.
(Ord. 3-2011, passed 2-6-2012)