Cambria Township City Zoning Code
PART 10
REGULATION OF OIL AND GAS EXPLORATION
§ 27-1001 Purpose.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 1]
The purpose of this Part is to provide for the health, safety and welfare of the residents of Cambria Township, through zoning and floodplain management provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the Township's residents. Oil and gas exploration, drilling and extraction 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 resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the public health, safety, and welfare of the residents of the Township of Cambria and the public at large.
§ 27-1002 Definitions.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 2]
Any person, owner, operator, 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.
An occupied structure with walls and roof with which persons live or customarily work. The term shall not include a barn, shed or other storage building.
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.
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or re-working a well for the production of oil or gas.
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting lots and to discourage through traffic.
A facility designed and constructed to compress natural gas that originates from an 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, 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 is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the 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 an oil or gas well.
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or 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. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the 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.
The location where facilities, structures, materials and equipment whether temporary or permanent, necessary for or incidental to 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 on the permit application or well registration.
A person, who owns, manages, leases, controls or possesses an oil or gas well.
A well 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.
§ 27-1003 Zoning Classifications.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 3]
1.
Subject to the provisions of this Part:
A.
An oil or gas well site, or a natural gas compressor station, or a natural gas processing plant, or any similar facilities performing the equivalent functions shall be considered a principal use by right within Industrial, Agricultural and Open Space Conservation Zoning Districts.
B.
An oil or gas well site which would be placed more than 500 feet from any preexisting building which is located off the property where the oil or gas well is sited may be permitted within the Residential or Commercial Zoning District(s) as a special exception to be granted or refused/rejected by the Zoning Hearing Board. Nothing contained herein shall prohibit the Zoning Hearing Board from imposing such conditions/restrictions as deemed necessary to protect the public health and safety. Otherwise, such siting and/or use shall be prohibited in Residential and Commercial Zones.
C.
A natural gas compressor station or i natural gas processing plant or any similar facilities performing the equivalent functions which would be located more than 1,000 feet from any preexisting building which is located off the property where the natural gas compressor station or the natural gas processing plant or similar facility is located may be permitted in the Residential or Commercial Zoning District(s) as a special exception to be granted or refused/rejected by the Zoning Hearing Board. Nothing contained herein shall prohibit the Zoning Hearing Board from imposing such conditions as deemed necessary to protect the public health, safety and welfare. Otherwise, such siting and/or use shall be prohibited in Residential and Commercial Zones.
§ 27-1004 Applicability.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 4]
1.
This Part applies to all oil and gas well sites, 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 well sites, natural as 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; provided, that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this Part and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant shall require compliance with and a permit under this Part.
3.
Federal or State law or regulation preempts ordinance requirements that conflict with Federal or State statute or regulation. Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.
4.
This Part amends and supplements this chapter and should be read and construed/interpreted in pari materia with this chapter.
§ 27-1005 Permit Requirement.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 5]
1.
No oil or gas well site, natural gas compressor station, or natural has 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 Cambria Township unless a permit has been issued by the Township 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.
2.
The permit application, or amended permit application, shall be accompanied by a fee as established in the Township's schedule of fees.
3.
Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing, natural gas compressor station or natural gas processing plant shall require a modification of the permit under this Part. Like-kind replacements shall not require a permit modification.
§ 27-1006 Pre-application Conferences. (Optional)
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 6]
1.
Purpose. Before submitting an application the applicant is strongly encouraged to meet with the Township Supervisors to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance form the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
2.
Process. A pre-application 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-application 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 application for a permit or to act within any time limit relative to the date of such conference.
§ 27-1007 Permit Application.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 7]
1.
The applicant shall provide to the Township at the time of permit application:
A.
A narrative describing an overview of the project including the number of acres to be involved, the number of wells to be drilled, and the location, and number and description of equipment and structures to the extent known. Specify the acreage involved in the drilling site together with over all acreage being utilized for supply.
B.
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
C.
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the Township or County for information of emergency responders.
D.
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 Township and all emergency responders. 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 Township and all emergency providers.
E.
A location map of the oil or gas well site showing 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 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 the normal flow of traffic on public streets shall be undisturbed.
F.
A location map of the natural gas compressor station or natural as processing plant including any equipment and structures and all permanent improvements to the site.
G.
A narrative and 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.
H.
A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the oil or gas well site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements; and shall have entered into a Township roadway maintenance and repair agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of the Township streets that are to be used by vehicles for site construction, drilling activities and site operations.
I.
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township 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.
J.
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
K.
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
L.
Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.
M.
A copy of the documents submitted to the department, or if no document has been submitted to the department, 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.
N.
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance to environmental requirements.
O.
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
2.
Within 15 business days after receipt of a permit application and the required fee, the Township will determine whether the application is complete and adequate and advise the applicant accordingly.
3.
If the application is complete and fulfills the requirements of this Part, the Township shall issue or deny a permit within 45 days following the date the complete application was submitted.
4.
If the application is incomplete and/or inadequate the Township will notify the applicant of the missing or inadequate material and, upon receiving said material, issue or deny the permit within 30 days following receipt.
5.
The Township may refer such application to the Cambria Township and Cambria County Planning Commission for their review to be completed and reported to the Township within 30 days. If the Township receives no response within 30 days the Township will assume and deem approval by the respective agency.
§ 27-1008 Design and Installation.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 8]
2.
Structure Height.
A.
Permanent structures associated with an oil and gas 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.
B.
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.
C.
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.
(1)
The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.
(2)
Provided further the time period of such drilling and exemption shall not exceed six months.
(3)
The operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
D.
Site preparation shall occur at such times and hours of the day as reasonable considering the site location and neighboring buildings, residential, commercial and industrial businesses.
3.
Setbacks.
A.
Drilling rigs shall be located a minimum setback distance of 1.5 times their height 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.
B.
The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the zoning district in which the oil or gas well site is located.
C.
Natural gas compressor stations or natural gas processing plants shall comply with all setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
D.
Exemption from the standards established in this subsection may be granted by the Township upon a showing, by the operator 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 and safeguard the public health and safety.
E.
Drilling pads, natural gas compressor stations or natural gas processing plants shall be set back 200 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
4.
Screening and Fencing.
A.
Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided.
B.
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.
C.
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.
D.
Emergency responders shall be given means to access oil or gas well site in case of an emergency.
E.
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.
F.
In construction of oil or gas well sites the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation.
5.
Lighting.
A.
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 100 feet of the oil or gas well development.
B.
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
6.
Noise.
A.
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
B.
Prior to drilling of an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant 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 applicant 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.
C.
The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.
D.
The noise generated during the oil and gas operations or the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in Paragraph B by more than:
(1)
Five decibels during drilling activities.
(2)
Ten decibels during hydraulic fracturing operations.
(3)
Five decibels for a gas compressor station or a natural gas processing plant.
(4)
Allowable increase in Paragraph C shall not exceed the average ambient noise level for more than 10 minutes within any one-hour period.
E.
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.
F.
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, or the gas compressor station, or at the natural gas processing plant for good cause shown and upon written agreement between the applicant and the Township.
G.
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification by continuously 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 applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceed the allowable rate.
H.
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 that would otherwise exceed the ambient noise level standards at residential or public buildings, medical, emergency or other public facilities.
7.
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.
C.
The use of explosives including dynamite, etc., in any phase of the construction or operation of gas well or supporting/ancillary facility is prohibited unless all Federal and/or State statutes, rules and regulations are adhered to with proper notice and procedure being given and followed.
§ 27-1009 Penalties.
[Ord. 206, 12/10/2010; as added by Ord. 206A, 5/23/2011, § 10]
1.
Any owner, operator, or other person who violates or permits a violation of this Part upon being found liable therefore in a civil enforcement proceeding before a magisterial district judge, shall pay to the Township a fine of not more than $1,000, plus all court costs, including, but not limited to, reasonable attorney's fees incurred by the Township on account of such violation.
2.
No penalty or cost shall be imposed until the date the determination of the violation by the magisterial district judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Township without further judicial proceedings. 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 shall be required of the Township if the Township seeks injunctive relief.
3.
Nothing contained herein shall limit the Township's remedies available at law or equity.