(A) Zoning permit required. No oil or gas well site, natural gas compressor station or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station or natural gas processing plant shall be constructed or located within the borough unless a zoning permit under this chapter has been issued by the borough to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.
(B) Fee. The permit application, or amended permit application, shall be accompanied by a fee as established in the borough fee schedule.
(C) Separate permits required. When multiple wells are located on the same well pad, a separate permit for each well is required.
(D) Information needed. In addition to the other requirements to this chapter, the applicant shall provide to the borough at the time of application the following information:
(1) A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled, including DEP permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known;
(2) A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants;
(3) The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the county 911 addressing program and information needed to gain access in the event of an emergency;
(4) The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the borough and all applicable emergency responders as determined by the borough. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the borough and all applicable emergency responders as determined by the borough;
(5) A site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site configured such that the normal flow of traffic on public streets shall be undisturbed;
(6) To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the oil or gas well site. The plan will identify, but not be limited to, gathering lines, natural gas compressor stations and other midstream and downstream facilities located within the borough and extending 800 feet beyond the borough boundary;
(7) A site plan of the natural gas compressor station or natural gas processing plant including any major equipment and structures and all permanent improvements to the site;
(8) A narrative and map describing the planned access routes to the well sites on public roads including 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;
(9) Operators shall comply with any generally applicable bonding and permitting requirements for borough roads that are to be used by vehicles for site construction, drilling activities and site operations;
(10) A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the borough streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant’s assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant’s usage;
(11) A statement that the applicant will make the operation’s preparedness, prevention and contingency plan available to the borough and all emergency responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site; and
(12) An appropriate site orientation and training course of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the borough. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each well/well pad shall still be required for the appropriate emergency responders, as determined by the borough.
(E) Access.
(1) Vehicular access to a natural gas well, oil well or well pad solely via a residential street is not permitted.
(2) Vehicular access to a natural gas well, oil well or well pad via a collector street is encouraged.
(3) Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
(4) Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the borough shall be provided a copy of the highway occupancy permit.
(5) Access directly to borough/county roads shall require a driveway permit/highway occupancy permit prior to initiating any work at a well site.
(F) Height.
(1) Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(2) Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3) There shall be an exception to the height restrictions contained in this division (F) for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well or pad drilling.
(G) Setbacks/location.
(1) Drilling rigs and equipment shall be located a minimum setback distance of one foot for every foot of height of equipment from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.
(2) Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3) Well pads shall be set back a minimum of 500 feet from any residential property.
(4) Well heads shall be located 800 feet from any residential property.
(5) Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with the borough residents’ enjoyment of their property and future development activities as authorized by the borough’s applicable ordinances.
(H) Screening and fencing.
(1) Security fencing shall be required at oil or gas well sites during the initial drilling, or redrilling operations.
(2) Twenty-four hour on-site supervision and security are required during active drilling operations.
(3) 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.
(4) Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary.
(5) First responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide the county 911 communications center necessary information to access the well pad in the event of an emergency.
(6) 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 case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
(7) In construction of oil or gas well sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.
(I) Lighting.
(1) Lighting at the oil or gas well site, or other facilities associated with oil and gas 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 adjacent properties.
(2) Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
(J) Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
(1) Prior to drilling of an oil or gas well, the operator shall establish a continuous 72-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above 72-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, 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) The operator shall provide documentation of any established, 72-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA, to the Zoning Officer within three business days of such a request.
(3) The noise generated during drilling and hydraulic fracturing activities shall not exceed the average ambient noise level (as determined by the 72-hour evaluation as identified in division (J)(1) above) or default level, whichever is higher:
(a) During drilling activities, by more than ten decibels during the hours of 7:00 a.m. to 9:00 p.m.; and
(b) During drilling activities, by more than seven decibels during the hours of 9:00 p.m. and 7:00 a.m. or by more than ten decibels during hydraulic fracturing operations. The operator shall inform the borough of which level (average ambient noise level or default level) is being used.
(4) All permanent facilities associated with oil and gas well sites, including, but not limited to, natural gas compressor stations and natural gas processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists the more stringent requirements shall apply.
(5) Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.
(6) Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency or other public facilities.
(7) (a) If a complaint is received by the borough regarding noise generated during construction, drilling or hydraulic fracturing activities, or for natural gas compressor stations, natural gas processing plants or midstream facilities, the operator shall, within 24 hours following receipt of notification, begin continuous 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.
(b) The applicant shall report the findings to the borough and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
(K) Providing permits and plans.
(1) As a condition of approval, the applicant shall provide all permits and plans from the Pennsylvania Department of Environmental Protection and other appropriate regulatory agencies within 30 days of receipt of such permits and plans.
(2) A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the borough.
(L) Temporary housing. Temporary housing for well site workers on the site is not permitted.
(Ord. 1089, passed 5-19-2014)