Crescent Township City Zoning Code
§ 430.08
Oil and gas exploration.
[Added 3-15-2011 by Ord. No. 534; as amended 12-13-2023 by Ord. No. 597]
A.
Purpose. The purpose of this section is to provide for the health, safety and welfare of the residents of Crescent 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 residents of the Township.
B. APPLICANT BUILDING COLLECTOR STREET DEPARTMENT DERRICK DRILLING PAD FRACKING INJECTION WELL LOCAL STREET OIL AND GAS OIL AND GAS DEVELOPMENT or DEVELOPMENT OIL OR GAS WELL OIL OR GAS WELL SITE OPERATOR OWNER NATURAL GAS COMPRESSOR STATION NATURAL GAS PROCESSING PLANT PROTECTED STRUCTURE AND ZONES SETBACK LINE STORAGE WELL TOWNSHIP
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who have 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 within 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, intersects 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 of Pennsylvania.
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or reworking 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.
Those wells and activities used to place fluids and/or gases underground into porous geologic formations. These underground formations may range from deep sandstone or limestone, to a shallow soil layer. Injected fluids and/or gases may include carbon dioxide, fresh water, waste water, brine (saltwater), or water mixed with chemicals. Injection wells include all EPA classes of injection wells.
A public street or road designed to provide access to abutting lots and to discourage through traffic.
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, reclamation and other activities associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; 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. This 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 of 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 facility designed and constructed to compress natural gas that originates from a 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 are designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
Any leased or owner-occupied residence, leased or owner-occupied commercial business, school, religious institution or source water protected zone that may be impacted by noise and other external impact generated from activity associated with oil and gas well development and/or natural gas compressor station or natural gas processing plant.
A line on a lot, generally parallel to a lot line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The setback line limits the area in which buildings, structures, boats and trailers are permitted subject to all applicable provisions of this chapter.
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.
The Township of Crescent.
C.
Zoning classifications. Subject to the provisions of this section:
1.
An oil or gas well site, natural gas compressor station, natural gas processing plant, or any similar facilities or activities as defined in Section 430.08 as oil and gas exploration or performing the equivalent functions shall be considered a conditional use within the M-2 Heavy Industrial Zoning District on property that is a minimum of 10 contiguous acres in size.
D.
Applicability.
1.
This section 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 section.
2.
Oil and gas well sites, natural gas compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this section shall not be required to meet the requirements of this section, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this section 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 section.
3.
Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statute or regulation. The Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.
E.
Permit requirement.
1.
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 Crescent 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 by resolution.
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 section. Like-kind replacements shall not require a permit modification.
4.
If development and/or drilling have not been commenced within one year after the approval of this permit application, the permit is automatically rescinded. An extension may be granted by the Township Commissioners for a maximum of one year upon written request by the applicant, prior to the expiration of the original one-year period, subject to the finding that the plan is still in compliance with all standards.
F.
Preapplication conferences.
1.
Purpose. Before submitting an application, the applicant is strongly encouraged to meet with the Township staff 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 preapplication conference shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication 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.
G.
Permit application.
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.
(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 the purpose of informing 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 to be undisturbed.
(f)
A location map of the natural gas compressor station or natural gas processing plant, including any equipment and structures, and all permanent improvements to the site.
(g)
A certification or evidence satisfactory to the municipality 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.
(h)
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 that meets the requirements of Subsection N of this section.
(i)
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
(j)
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan as defined in the Department's Guidelines for the Development and Implementation of Environmental Emergency Response Plan or the most recent applicable guideline, will provide to the Township and all emergency responders a revised copy, marked with the revision date, of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
(k)
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 the 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.
(l)
A copy of the documents submitted to the DEP and a community and environmental impact analysis meeting the requirements set forth in Subsection H of this section.
(m)
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
(n)
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.
(o)
A traffic impact study and roadway maintenance and repair agreement meeting the requirements set forth in Subsection K of this section.
(p)
Assurance that, before drilling, information shall be provided to residents per the requirements in Subsection J of this section.
(q)
Certification that a private fresh water well testing will be completed in compliance with Subsection L of this section.
(r)
A water withdrawal plan identifying the source of the water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the commonwealth or any other governmental body. The site for the treatment and disposal of the water shall also be identified.
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 section, the Township shall issue or deny a permit within 60 days following the date the complete application was submitted.
4.
If the application is incomplete and/or inadequate, the municipality will notify the applicant of the missing or inadequate material and, upon receiving said material, issue or deny the permit within 60 days following receipt.
H.
Community and environmental impact analysis.
1.
An environmental impact analysis statement shall be submitted to the Township prior to approval of any application and shall be drafted by an independent environmental engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant. The purpose of the statement is to determine the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate site and surrounding area. This information will allow the Township to make more informed decisions relating to the proposed action. At a minimum, the statement shall provide the following information:
(a)
A description of the proposed development, its purpose, a schedule of construction and length of operation and its interrelationship with other oil and gas developments within the Township. This information and technical data must be sufficient to allow a thorough assessment of the proposed development or related operation's environmental impact.
(b)
A comprehensive description of baseline environmental conditions identified before any activities associated with the development.
(c)
A description of the environmental impacts of the proposed development both during and after complete build out of the proposed development. This description should focus both on the environmental details most likely to be affected by the development proposal and on the broader regional aspects of the environmental impacts, including ecological interrelationships. These impacts shall be defined as direct or indirect changes in the existing environment, and as either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well.
(d)
Separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks with supporting statistics developed by an analysis of similar development or related operations in similar locations.
(e)
A discussion of measures which are required to or may enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring. Include sufficient documentation and supporting material to demonstrate that the proposed measures will function as expected.
(f)
A discussion of the unavoidable adverse impacts described in Subsection H1(c) and (d), both the short-term impacts (i.e., those occurring during build out of the development and the oil or gas well site), long-term impacts, and cumulative impacts to the environment. Particular attention should be paid to the development's relationship to trends of similar developments (i.e., cumulative noise degradation posed by similar developments).
(g)
Hydrologic analysis and information, including but not limited to, a description, inventory, analysis, and evaluation of the existing groundwater conditions. This analysis must be focused in terms of both surface water and groundwater quality and quantity, a discussion of likely and possible changes to these resources, and a discussion of measures to reduce or mitigate the identified impacts. Included here should be a mention of those Township residents located within 2,000 feet of the proposed development who depend on well water.
2.
The express standards and conditions referenced herein shall also be addressed and submitted with the applicant's application. An escrow account for the review by professional consultants shall be established by the applicant in the amount of $25,000. The escrow account shall be immediately replenished in full by the applicant if the balance of the account reaches $10,000. The escrow account shall be maintained following final approval of the application to provide for inspections in accordance with Subsection I herein.
I.
Professional consultants.
1.
The Township may from time to time employ a professional consultant or consultants. The function of the consultant(s) shall be to advise, counsel, represent and/or aid the Township in ensuring compliance with this section and any other applicable Township codes on such matters relating to the oil and gas development within the Township.
2.
During well site development, drilling/fracking operations, and completion/reclamation activities, the Township may require the services of an on-site inspector with proven background and experience in oil and gas development whose role will include and not be limited to the following:
(a)
Review of all applications for oil and gas developments.
(b)
Inspection of site during key phases of development.
(c)
Inspection of site upon receipt of a complaint.
(d)
Communication with appropriate Township personnel if the inspector believes the operator is violating a Township code not addressed in this section.
(e)
Authority to request and receive any records, logs, and reports relating to the status or condition of the approved development necessary to establish and determine compliance with this section and the permit approval.
(f)
In the event a professional consultant is employed for the purpose of advising, counseling, or representing the Township relative to ensuring compliance with this section and the terms of the permit, or relative to an operator's or owner's particular set of circumstances, case or request relating to this section, then the cost for such services of the professional consultant shall be assessed against and paid for by such operation in addition to any fees or charges assess pursuant to this section.
J.
Information provided to residents. Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later that two weeks prior, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
1.
A copy of the well survey plat showing the location(s) of the planned well(s).
2.
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s).
3.
The contact information for the operator.
4.
The availability of the operator to hold a meeting with such resident 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.
Road use and drill site access.
1.
The operator shall provide a traffic impact study or description of the plan for transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that may be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the development.
(a)
Such description shall include the following.
(1)
A map showing the planned vehicular access route to the development, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development.
(2)
A list of all trucking contractors or employees of the operator who will travel to and from the development site with evidence of required registrations, licenses, and insurance coverage.
(b)
The proposed routes must be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads as well as adjacent property and human activity.
(c)
Whenever possible, a development site should have vehicle access from a collector street.
(d)
Use of streets serving exclusively residential neighborhoods is prohibited.
(e)
The Township reserves the right to designate alternate routes in the event the applicant's proposed routes are deemed inadequate, unsafe, or overly disruptive to normal vehicular traffic by the Township Engineer.
(f)
The Township also reserves the right to reduce speed limits on areas of roads especially dangerous for trucks hauling hazardous materials.
2.
The operator of the development shall execute a roadway maintenance and repair agreement with the Township and post a bond at the paved highway rate in favor of the Township and in a form acceptable to the Township prior to beginning any work on a drill site.
3.
The roadway maintenance and repair agreement shall require the owner or operator to conduct an inventory, analysis, and evaluation of existing conditions on Township roads along the proposed transportation route, include photography, video and core boring as determined to be necessary by the Township Engineer. The roadway maintenance and repair agreement will identify the responsibilities of the operator to prepare, maintain, and repair Township roads before, during, and immediately after drilling operations associated with the oil and gas development. The operator shall take all necessary corrective action and measures as directed by the Township pursuant to the agreement.
4.
Beginning with its intersection with a public street, any access road for the development site shall be improved with limestone or other material for 200 feet and be provided with French drains or other necessary improvements, such that no water, sediment, or debris will be carried onto any public street. If any substantial amount of mud, dirt, or other debris is carried on to public or private rights-of-way from the development site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the roads continuously clean.
5.
All-weather access roads suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement or activity area.
6.
The operator shall take necessary safeguards to ensure that appropriate dust control measures are in place.
7.
All applicable permits or approvals must be obtained, including access or driveway permits to commonwealth, county or Township roads, construction permits within state, county or Township roads, and permits for overweight or oversize loads. Access directly to state roads shall require a PennDOT highway occupancy permit for overweight vehicles. The Township shall be provided a copy of this and all other applicable permits or approvals.
8.
Any off-street area within the development site for vehicles to stand while gaining access to and from the development site shall be provided so that the normal flow of traffic on the public street is undisturbed. Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to meet Pennsylvania Code 67 Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.
9.
The operator 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 the development, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
L.
Private and public fresh water well testing.
1.
The operator of a well shall provide the Township with the results of a predrilling and post-drilling water analysis and flow rate for each existing freshwater well within 2,000 feet of the well site. The tests shall conform to the following requirements:
(a)
Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from an independent DEP-certified water testing laboratory.
(b)
Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well.
(c)
A post-drilling sample analysis shall be submitted for water quality testing by the operator with three months after drilling is completed.
(d)
Parameters to be tested for include, but are not limited to, methane, chloride, sodium, TDS, pH, arsenic, barium and strontium, and a subgroup of the volatile organic chemicals (VOCs) called BTEX (benzene, toluene, etc.)
2.
If it is found that a fresh water well is no longer in use and without possibility of future use or if the fresh water well owner objects to having the well water tested, the owner of the fresh water well may waive the right to have the operator test the water. In such instance the owner must execute an agreement releasing and holding harmless the Township, its officers and its employees from any damages.
3.
If the results of the predrilling and post-drilling sample analyses indicate well water contamination, the owner of the well should file a complaint with the regional DEP, Bureau of Oil and Gas office.
M.
Design and installation.
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)
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.
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 been or will be provided to justify the exemption.
(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.
(f)
No well shall be drilled within 500 feet, measured horizontally from the vertical wellbore to the nearest property line of a protected structure. No natural gas compressor station, processing plant, or any similar facilities performing equivalent functions shall be built within 750 feet, measured horizontally from the edge of the facility to the nearest property line of a protected structure or protected safety zone.
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 have openings no less than 12 feet wide.
(d)
Emergency responders shall be given means to access all oil or gas well sites 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 the oil or gas well site or other facilities associated with oil and gas drilling shall at no time exceed 0.1 footcandle, measured at any property line.
(c)
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 facility, 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 section, 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 Subsection M6(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: the allowable increase in Subsection M6(d)(3) 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 in 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 exceeds 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.
Hours of operation. Except for emergency operations or initial drilling and hydraulic fracturing operations, hours of operation at a oil or gas well site, or other facilities associated with oil and gas drilling development, are limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. and not permitted on weekends or legal holidays.
8.
Reclamation/restoration of all disturbed areas.
(a)
Reclamation shall be initiated as soon as weather and ground conditions permit after abandonment of the well or installation of production equipment, and reclamation shall be completed no more than nine months after this point.
(b)
Reclamation shall be carried out on all disturbed areas and achieve the following objectives:
(1)
Final soil profiles shall be designed to equal or reduce soil erosion potentials over stable preoperation conditions, and final land forms shall be stable.
(2)
The preexisting visual character of site shall be restored or enhanced through planting of local or adaptive vegetation. Invasive species shall not be considered acceptable.
(3)
Disturbance of soil cover shall be minimized.
9.
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 one-hundred-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 then 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 one-hundred-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 one-hundred-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.
N.
Bond, insurance, and indemnity.
1.
The applicant shall submit to the Township a performance bond in the amount of $250,000 from a surety authorized to do business in the state. The performance bond shall be valid for a period of two years from the date that the permit is issued. The bond shall provide, but not be limited to, the following condition: there shall be recoverable by the Township, jointly and severally from the principal and surety any and all damages, loss or costs suffered by the Township in connection with the applicant's geophysical operations within the Township. The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled by the surety company until sixty (60) days after receipt by the Township, by registered mail or written notice, of such intent to cancel or not to renew." The rights reserved to the Township with respect to the bond are in addition to all other rights of the Township, and no action, proceeding or exercise of a right with respect to such bond shall affect any other rights of the Township.
2.
Prior to conducting any operations hereunder, the applicant and/or its contractors shall furnish a certificate of insurance to the Township showing the Township as an additional insured with respect to operations conducted within the Township and showing liability insurance covering commercial, personal injury, and general liability in amounts not less than $1,000,000 per person, $3,000,000 per occurrence, and $1,000,000 for property damage.
3.
The applicant shall protect, indemnify, defend and hold the Township, its officers, employees, agents, and representatives harmless from and against all claims, demands, and causes of action of every kind and character for injury to, or death of, any person or persons, damages, liabilities, losses, and/or expenses, occurring or in any way incident to, arising out of, or in connection with its or its contractors', agents', or representatives' operations under this permit, including attorney's fees, and any other costs and expenses incurred by the Township in defending against any such claims, demands, and causes of action. Within 30 days of receipt of same, the applicant shall notify the Township, in writing, of each claim for injuries to, or death of persons or damages or losses to property occurring or in any way incident to arising out of, or in connection with its or its contractors', agents', or representatives' operations conducted under this permit. At the Township's discretion, the Township may conduct an independent investigation, monitor, and review of the processing of any such claim to ensure that such claim is handled as required herein.
4.
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein.
5.
Notwithstanding anything contained herein to the contrary, any permit granted hereunder shall not be effective unless and until a copy of the permit, signed by an authorized officer of the applicant, the performance bond, and the certificates of insurance have been filed with the Township Secretary.
O.
Penalities. Any owner, operator, or other person who violates or permits a violation of this section, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the Township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney's fees incurred by the Township on account of such violation. 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.