Independence Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE XV
Oil and Gas Resource Development
[Added 2-14-2011 by Ord. No. 1-2011]
§ 200-76 Oil and gas development and production.
Independence Township hereby declares that oil and gas development and production is authorized in the Township, subject to the following prohibitions, conditions and standards:
A.
Oil and gas drilling surface facilities and activities shall only be permitted to be drilled on property that is a minimum of 10 acres or larger on the surface.
B.
Oil and gas drilling surface facilities and activities are prohibited in the R-1 Zoning Districts; oil and gas drilling surface facilities and activities are permitted use in the A-1, C-1, C-2 Zoning Districts.
C.
Oil and gas drilling subsurface facilities and activities are authorized in all zoning districts.
D.
Natural gas compressor stations are authorized as conditional uses in the A-1, C-1 and C-2 Zoning Districts pursuant to the criteria set forth in this article.
E.
Natural gas processing facilities are authorized as conditional uses in the C-2 Zoning District pursuant to the criteria set forth in this article.
F.
Pipeline facilities are authorized in all zoning districts in the Township, subject to the conditions as set forth herein.
[Added 11-11-2015 by Ord. No. 4-2015]
§ 200-77 Well site permit.
A.
At least 30 days prior to any oil and gas drill site or well site development or construction activities within the Township, the operator shall submit an application for a well site permit, with the required fee, on a form prescribed by the Township, to include but not be limited to, the following information:
(1)
A copy of the well location plat submitted to the Pennsylvania Department of Environmental Protection (DEP) showing the location(s) of the planned wells;
(2)
A general description of the planned operation of the planned well(s) and associated equipment used in development of the well(s);
(3)
A copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP);
(4)
Written permission, i.e., lease or agreement, from the property owners who have legal or equitable title in and to the surface property of the drill site;
(5)
A map showing the planned access route(s) to the well sites on public roads;
(6)
Information on the status of road bonding;
(7)
The operator's erosion and sedimentation plan;
(8)
Planned hours of construction activities including but not limited to excavation, construction, or alteration or repair work on or to any access road or well site;
(9)
Procedure and method of compliance with the noise control provisions of this article;
(10)
Plan to control spill, leak or malfunction and to remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction;
(11)
The name of the person supervising the drilling operation and toll-free number where such person can be reached 24 hours a day;
(12)
The identity, address and contact numbers for all subcontractors associated with the development or production facility. The Township will be notified by the operator within 48 hours of any subcontractor changes;
(13)
Verification that the operator has provided all subcontractors with a copy of this article. The operator and all subcontractors will comply with all provisions of this article.
(14)
The applicant shall also provide to the Township a nonrefundable administrative fee of $3,000 which the Township may utilize to defray the administrative expenses, legal and engineering costs and fees for review and inspections to ensure compliance with this article. The administrative fee may be modified or changed by resolution of the Supervisors of Independence Township.
(15)
The well permit fee is $1,000 per each oil and gas drill site and may be modified or changed by resolution of the Supervisors of Independence Township.
(16)
The applicant must also provide a trailer fee of $500 per month for each temporary housing trailer located at an oil and gas drill site during oil and gas development and production. The trailer fee may be modified or changed by resolution of the Supervisors of Independence Township.
§ 200-78 Conditions and standards.
A.
At least 30 days prior to initial development activities in the Township, the operator shall attend a public meeting to present general information about the operator's development plans in the Township and allow for questions and answers related thereto. The operator shall notify, in writing, by U.S. mail or personal service, owners of real estate within 1,000 feet of contemplated drilling within the Township, the date, time and location of the meeting, and the approximate location of the proposed well site, well sites and stations at least once, not more than 30 days and not less than seven days in advance of the meeting. If requested by the Township, and if drilling activities continue for more than 12 months, the operator shall attend additional meetings and present information, but shall not be required to do so more often than annually, unless additional well sites not previously discussed at a public hearing are proposed.
B.
The operator shall comply with any general applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities, also access to Township roads shall require an approved Township occupancy permit.
C.
The operator shall take the necessary safeguards to ensure that the Township roads and other public streets remain free of dirt, mud and debris resulting from the development activities and shall ensure such roads are promptly swept or cleaned of dirt, mud and debris. Beginning with its intersection with a public street, any access road for the development shall be paved or improved with limestone or other material in a manner that no water, mud, sediment, or debris will be carried onto any public street.
D.
At least 30 days prior to any oil and gas drill site or well site development or construction activities, the operator shall take all necessary public safety precautions including but not limited to the operator providing flagmen, signage and other warning measures to ensure the safety of children and other persons at or near schools, churches, public and school transportation stops, public buildings, parks and road crossings.
E.
The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency.
F.
Assess directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.
G.
Prior to development, the operator shall provide to the Township's first responders, the Township Secretary, and Zoning Officer a copy of its preparedness, prevention and contingency ("PPC") plan.
H.
Before drilling, the operator shall provide Township's first responders with adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Township, the operator will, prior to the initiating of drilling of an oil or gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipated drilling activities in the Township.
I.
The operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
J.
Recognizing that the specific location of equipment and facilities is an important and integral part of the oil and gas development, and as part of the planning process, the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities as authorized by the Township of Independence Zoning Ordinance and Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 178, Subdivision and Land Development.
K.
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead or other area being developed so as to attempt to minimize glare on public roads, adjacent buildings and property within 500 feet of the drill site, wellhead or their area being developed.
L.
Prior to the initiation of drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide, in writing, by United States mail or by personal service the following information to both the Township Zoning Officer and 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; and
(4)
The availability of the operator to hold a meeting with such residents to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to beginning well site construction.
M.
In addition to the requirements in Subsections A through L above, for any oil and gas well where the planned surface location of the well will be within 1,000 feet of a protected structure, the operator shall:
(1)
Install temporary safety fencing at least six feet in height around the established drilling pad containing drilling and hydraulic fracturing equipment or provide at least one security guard 24/7 at all times when a drilling rig or hydraulic fracturing equipment is on the well site; and
(2)
Install permanent fall protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet; and
(3)
Install warning signs providing notice of the potential dangers at the well site.
N.
In addition to the requirements in Subsections A through M above, prior to drilling an oil and gas well or multiple oil and gas wells at a location, no later than two weeks beforehand, the operator shall notify each resident and property owner where horizontal drilling will take place under their property for informational purposes.
O.
Prior to the commencement of drilling activities, no construction activities involving excavation of, construction of, alteration to, or repair work on or to any access road or well site shall be performed during the hours of 9:00 p.m. to 6:00 a.m.
P.
The 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 drilling of an oil and gas well, the operator shall establish a continuous seventy-two-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 or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this article, 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, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA to the Township's Zoning Officer within three business days of such a request from the Zoning Officer.
(3)
Noise generated during drilling.
(a)
The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure property (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher:
[1]
During drilling activities by more than five decibels during the hours of 6:00 a.m. to 9:00 p.m.;
[2]
During drilling activities by more than five decibels during the hours of 9:00 p.m. to 6:00 a.m.; or
[3]
By more than 10 decibels during hydraulic fracturing operations.
(b)
The operator shall inform the Township of which level (average ambient noise level or default level) is being used.
(c)
In addition, the Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of a proposed drill site to adjacent residential properties or other protected structures.
(4)
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (minutes*) | |
|---|---|---|
5 | 15 | |
10 | 5 | |
15 | 1 | |
20 | 1 |
*Cumulative minutes during any one hour. |
(5)
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 unlawful purpose, regarding noise generated during drilling, hydraulic fracturing activities, or other oil or gas development or production activity, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period at a point which is closer to the complainant's building of:
(a)
The complainant's protected structure property line nearest to the well site or equipment generating the noise; or
(b)
One hundred feet from the protected structure.
(6)
if the operator engages in any noise testing as required by this article, it will provide preliminary data to the Township no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with the Township's representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
(7)
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 it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
(8)
All work over operations shall be restricted to the hours of 6:00 a.m. to 9:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Work over operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
(a)
Operator will ensure that any and all vehicles servicing oil and gas well sites, whether owned by the operator or not, are equipped with mufflers and other equipment to minimize the noise generated by the use of these vehicles.
Q.
The Township reserves the right to review and approve all temporary housing arrangements for employees of the operator and any subcontractors working on the oil and gas well site during the duration of drilling operations. All sewage facility regulations must be followed. Zoning permits and fees may be applied.
R.
All permanent surface facilities shall be painted an earth-tone color to blend in with the surrounding area. The Township may require fencing and/or landscaping to buffer the facilities from adjacent properties.
§ 200-79 Application procedure for conditional uses.
A.
In addition to the Township's general site plan regulations, all applications for conditional uses for natural gas compressor stations and natural gas processing plants and facilities shall be submitted to the Township Secretary, and shall be subject to the standards and criteria listed below. All applications for conditional use approval shall be submitted in writing on forms provided by the Township and shall include the required fee, a land development plan, and a written statement indicating compliance with the applicable expressed standards and criteria of this article. Public hearings shall be conducted in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code.
B.
Standards and criteria.
(1)
The minimum site required for a natural gas processing plant and facilities shall be 50 acres and site location limited to the C-2 Zoning Districts.
(2)
Natural gas compressor stations shall be limited to the A-1, C-1 and C-2 Zoning Districts, and shall have a minimum site of five acres.
(3)
Compressors shall be located within a completely enclosed building. During periods of normal operations, doors, windows and similar operations shall remain closed to ensure maximum noise suppression.
(4)
Compressors and other power-driven equipment shall utilize electric motors, where feasible, rather than internal combustion engines. No electric power shall be generated on the site. All electrical installations shall conform to local, state and national codes.
(5)
Any materials, equipment, or structure outside an enclosed building being used as part of the primary operation of the conditional use being sought shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility from any adjacent property.
(6)
First responders shall be provided with a complete, detailed list of all gases, chemicals and waste products produced, stored or distributed on the site.
(7)
All waste disposal and storage of gases or by-products shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.
(8)
No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar hydrocarbon substances or any refuse including wastewater or brine from any natural gas processing facility or well into or on any public right-of-way, alley, street, lot, storm drain, ditch, sewer, sanitary drain, well, lake, pond, creek or similar body of water or any property without permits from the appropriate regulatory agencies within Independence Township.
(9)
Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids or solid waste materials, including hazardous waste that is inseparable by simple mechanical removal processes and is made up primarily of natural material.
(10)
All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain and facilitate rapid remediation and clean up of any accidental spill, leak or discharge of a hazardous material. The operator shall have all material safety data sheets (MSDSs) for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of container shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to, chemicals and materials raised from the ground (e.g., pallets), bulk storage, installation and maintenance of secondary containment systems, and protection from storm water and weather elements.
(11)
All equipment and facilities shall comply with the noise standards of § 200-78P of this article.
(12)
The erection of any natural gas processing plant and facilities shall not be within 200 feet of any property line.
§ 200-80 Violations and penalties.
[Amended 11-11-2015 by Ord. No. 4-2015]
A.
Any operator who violates or permits a violation of this Article XV shall, upon being found liable therefor, in an enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600 plus court costs, including reasonable attorneys' fees, incurred by the Township. No judgment shall be commenced or imposed, levied or become payable until the date of the determination of a violation by the District Justice. Each day a violation exists shall constitute a separate offense. 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 injunctive relief, to enforce compliance herewith and to seek any remedy, which may be cumulative, as may be provided by the laws of the Commonwealth of Pennsylvania. No bond will be required if injunctive relief is sought by the Township.
B.
In addition to the foregoing, upon any operator violating the provisions of this Article XV, the Township may revoke any permit, approval, or authorization granted hereunder. Such revocation shall continue in full force and effect until the operator has taken all necessary corrective action such that the operator's oil and gas development and production or pipeline construction activities comply with the requirements set forth herein and the Township has reinstated such permit, approval, or authorization in writing. The operator, upon such permit being revoked, shall immediately cease all operations pertaining to the activities related to the permit, approval, or authorization that has been revoked.
§ 200-81 Oil and gas operations road maintenance.
[Added 11-11-2015 by Ord. No. 4-2015]
A.
Applicability. This section applies to all oil and gas development and production and pipeline facilities as defined in the Code of the Township of Independence Definition Section 200-6, including, but not limited to, all oil and gas operations, well and pipeline assessment operations, pipeline owners, operators, and/or contractors, oil or gas well sites, impoundment areas used for oil and gas operations, natural gas compressor stations and natural gas processing plants that are authorized as may be permitted under the laws of the commonwealth and as permitted hereunder.
B.
Requirements. Prior to any oil and gas development and production or pipeline construction activities, each operator shall comply with the following requirements:
(1)
All operators shall execute an excess maintenance agreement with the Township to guarantee restoration of Township streets that are to be used by operator, or its contractors and subcontractors, which are damaged as a result of hauling associated with the oil and gas development and production and pipeline facilities operations.
(2)
Prior to executing the excess maintenance agreement, operator shall submit to the Township a map showing the planned access route(s) to be utilized for the oil and gas development and production and pipeline construction operations. All roads included in the access route map shall be included in the excess maintenance agreement.
(3)
Each vehicle utilized for oil and gas development and production and pipeline construction operations must maintain at all times a copy of the access route map describing the manner and routes as permitted by the Township for the transportation and delivery of equipment, machinery, water, chemicals, and other materials used in the oil and gas development and production and pipeline construction activities.
(4)
For state and county roads located within the Township, the operator shall provide a copy of the highway occupancy permit for any overweight vehicles to the Township.
(5)
All operators that conduct any operation related to any oil and gas development and production or pipeline construction must ensure that Township streets utilized by them, as well as their agents and contractors, shall remain free of dirt, mud and debris. Such streets must be promptly swept or cleaned if dirt, mud and debris occur as a result of usage by the operator or its agents and contractors.
(6)
The operator must post signs along the access route clearly designating the route that all oil and gas development and production and pipeline construction vehicles must take.
(7)
The Township may require that operator provide flag persons or other alternative safety mechanisms to ensure the safety of children at or near schools or school bus stops.
(8)
Vehicles in excess of three tons associated with oil and gas development and production shall be restricted to such streets designated as either truck routes or commercial delivery routes by the Township. The vehicles shall be operated on a truck route wherever capable of being used. The vehicles shall be operated on a commercial delivery route only when it is not possible to use a truck route to fulfill the purposes for which such vehicle is then being operated.
(9)
The Township Board of Supervisors may restrict the hours of operation of vehicles associated with oil and gas development and production and pipeline construction when the required vehicle route passes through a residentially zoned district or a designated school zone.
(10)
Vehicle deliveries of equipment and materials shall be limited to between the hours of 7:00 a.m. to 7:00 p.m., except in the case of emergencies. "Flowback" operations to recover fluid used during fracture stimulation shall be exempt from work hour restrictions, but shall remain subject to all other regulations as set forth herein.
(11)
For the period prior to and during construction, the operator shall reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to site, roadway inspection, and applicable agreements, including, but not limited to, the Township Engineer, Township Solicitor, and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit.
§ 200-82 Oil and gas pipeline facilities.
[Added 11-11-2015 by Ord. No. 4-2015]
An operator desiring to construct pipeline facilities shall furnish to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines, when such bonding is required. Any suspension or revocation of any required state or federal approvals or permits shall be reported to the Township immediately. Retail service lines from the main line to the residential or commercial structure are exempt from this section. The operator must adhere to the following regulations:
A.
Oil and gas pipeline permit. The operator shall submit to the Township, prior to construction, on a form provided by the Township, the following:
(1)
The name, business address and telephone numbers of the pipeline operator;
(2)
The name of the person designated as the principal contact for the application;
(3)
The person designated as the twenty-four-hour emergency contact;
(4)
The origin point and the destination of the segment of the pipeline to be constructed;
(5)
A description of the substance to be transported through the pipeline and a copy of the material safety data sheet (MSDS);
(6)
As-built drawings of the segment of pipeline constructed, including the location of all shutoff valves;
(7)
Detailed cross-section drawings for all public rights-of-way and easement crossings on Township property as permitted by the Township;
(8)
The plans must depict the elevation and location of all known public utilities within 15 feet of the center line of the proposed pipeline facilities;
(9)
A copy of the site reclamation plans;
(10)
The owner-operator must participate in PA One-Call; and[1]
[1]
Editor’s Note: Former Subsection A(11), regarding pipeline setback requirements, which immediately followed, was repealed 9-12-2018 by Ord. No. 1-2018.
B.
General regulations.
(1)
With the submission of an application, operator shall pay the Township an application fee, which shall be established by resolution from time to time.
(2)
Operator shall comply with all requirements as set forth in Chapter 175 of the Township Code.
(3)
All pipeline facilities shall be constructed, repaired, and maintained in accordance with all applicable state and federal requirements.
(4)
All pipeline facilities to be constructed within a public right-of-way shall be not less than five feet below the grade of the right-of-way or pavement, whichever point shall be lower. When pipeline facilities cannot be bored, during backfill the operator shall install "buried pipeline" warning tape not less than one foot above the pipeline facilities to warn future excavators of the presence of the buried pipeline.
(5)
The operator shall be responsible to grade, level and restore the property affected by pipeline facilities construction to the same surface condition, as nearly practicable, as existed before operations were first commenced within thirty (30) days after completion of the pipeline facilities.
(6)
Pipeline facilities construction shall be limited between the hours of 7:00 a.m. and 7:00 p.m., except in the case of emergencies or after receiving Township approval for off hours.
[Amended 9-12-2018 by Ord. No. 1-2018]
(7)
The location of all new or replacement pipe and pipelines shall be marked by the owner(s) thereof or by the person installing or operating such pipe or pipelines as follows:
(a)
Marker signs shall be placed at all locations where pipe or pipelines cross property boundary lines and at each side of a public street or road right-of-way which the pipeline crosses;
(b)
The top of all marker signs shall be a minimum of four feet above ground level, and the support post must be sufficient to support the marker sign and shall be painted yellow or such other color as may be approved by the Director of Public Works or his designee;
(c)
All marker signs shall be a minimum of 12 inches square and shall be marked as "gas pipe line" or "oil pipe line" or as may be applicable; and
(d)
All marker signs shall contain the name of the owner and operator of the pipeline.
(8)
It is the responsibility of the operator of any and all pipeline to maintain the markers in accordance with this section.
C.
State and federal compliance. The applicant shall comply with all applicable state and federal regulations and show evidence obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The company shall maintain setbacks in accordance with state and federal requirements. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
[Amended 9-12-2018 by Ord. No. 1-2018]
D.
No implied grant of use of public rights-of-way. Nothing in the section grants permission for the use of any street, public rights-of-way, utility easements, or Township-owned property. In the event a pipeline facilities operator wishes to undertake any pipeline construction on, over, under, along, or across any public rights-of-way, utilities easements or other Township-owned property, the pipeline operator shall apply for and execute a written agreement with the Township governing the terms and conditions for such use, obtain all required permits, and comply with any other applicable regulations.
E.
Expiration of pipeline facilities permit. If construction of a pipeline has not commenced within one year of the date of issuance of the pipeline permit, the permit shall expire.
