An applicant may present evidence that supports a lesser setback distance, for consideration by the Borough. The evidence must clearly demonstrate that a lesser setback distance cannot endanger the health and safety of residents, residents in neighboring municipalities, and those who work within the Borough based on a consideration of combustion events, conflagrations, releases into the air, spills, leaks, noise and light emissions, and harm to surface and sub-surface water. Additionally, the evidence must clearly demonstrate that a lesser setback distance cannot harm property in the Borough owned by others, the value of property owned by others, the Borough's taxation base, or contradict the Borough's master plan for development of the Borough. When considering the application, the Borough reserves the right to add additional parameters. Evidence must consider historical events, available studies on the topic, predictive modeling, and demographic trends. The applicant agrees to reimburse the Borough, as part of the application process, for the cost of any professional consultants it deems necessary to consider whether the presented evidence justifies a lesser distance.

Based on the available evidence, the Borough may reduce the setback distance but in no case will it reduce the setback distance to be less that specified in the law of the Commonwealth of Pennsylvania or 1,500 feet, whichever is greater.

Oil and gas development well and injection well sites require an overall acreage a minimum of 10 acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum acreage required.

Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process, the operator shall locate the temporary and permanent operations so as to minimize interference with Borough residents and future Borough development activities as authorized by the Borough Council. Reference is made to the table above which lists the minimum setback distances to the protected structure.

An emergency evacuation plan that is acceptable to the Borough shall have been produced by the applicant and filed with the Borough; annual updates may be required by the Borough.

The plan will be called a preparedness, prevention, and contingency (PPC) plan and follow the Department document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, as may be amended, or the most recent applicable guidance document.

The applicant should understand that the Borough deems this plan to be a vital portion of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

Predrilling testing results, both from existing water supplies and from the operator drilled test well, shall be submitted as part of the conditional use application.

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

The post-hydraulic fracturing test results, both from existing water supplies and from the operator-drilled test well, shall be submitted to the Borough, the Department, and residents within 1,500 feet of the surface location of the well in accordance with 25 Pa. Code § 78.52, Predrilling or pre-alteration survey, within 10 days of their receipt.

The operator shall be responsible for all costs associated with drilling and testing and testing shall be done by an independent, state-certified water testing laboratory agreed upon by the Borough.

Water quantity test. The operator shall hire a consultant (hydrogeologist) agreed upon by the Borough to conduct water quantity testing. The consultant shall submit a pretesting and a predrilling plan to be approved by the Borough. The consultant shall test for gallons per minute (gpm) flow rates, yield, groundwater levels, and other pertinent information for all viable aquifer zones via draw down tests or other suitable means. The consultant shall measure and record flow rates in gallons per minute (gpm) for all surface water sources. Groundwater levels and other pertinent information via draw down tests or other suitable means shall be measured from all available wells. Also, GPS coordinate information shall be recorded for all surface water and groundwater sites. The results shall be certified by the hydrologist.

Water quality test. Operators shall test for the following list of parameters for all surface water and groundwater. The list is not exhaustive, and the Borough reserves the right to add additional parameters.

Predrilling testing results shall be submitted as part of the conditional use application.

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

The results shall be submitted to the Borough and Department within 10 days of their receipt.

The operator shall be responsible for all costs associated with sample collection and testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.

Operators shall test for the following list of parameters for soils. The list is not exhaustive, and the Borough reserves the right to add additional parameters:

An off-street area, at the entrance to the drill site and outside of the road right-of-way, shall be provided for vehicles to stand while gaining access so that normal flow of traffic on the public street is undisturbed. Driveways accessing the drill site shall be paved with an impervious material from the public street cartway 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation. The first 50 feet from existing edge of pavement extending 50 feet into the site shall consist of the following material:

The remainder of the driveway to the well pad shall be constructed with the following material:

Proper and adequate stormwater runoff controls for driveways shall be installed to prevent concentration of runoff onto other properties or public streets and comply with relevant Borough ordinances.

To enable the Borough's decision, as part of the conditional use application, and prior to beginning the drill operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

The Borough's decision to require sound mitigation, shall be based on the noise expected to be generated from the proposed land use, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise level at that point shall not exceed a measured ambient noise level as determined by the seventy-two-hour evaluation.

During drilling activities may not exceed 10 decibels above the measured ambient noise level during the hours of 7:00 a.m. to 6:00 p.m. The measured ambient noise is defined as:

During drilling activities may not exceed five decibels above the measured ambient noise during the hours of 6:00 p.m. to 7:00 a.m. The measured ambient noise is defined as:

The Borough recognizes that fluctuations in noise levels are inherent to mineral extraction activities and therefore its decision to require noise mitigation will accommodate a sliding scale which provides adjustments to the permitted level of noise generated during operations to create flexibility in the regulations and prevent repeated violations. Drilling activities are permitted to generate noise 10 decibels higher than the measured ambient noise levels and the adjustments are in addition to that sound level. Adjustments to the preceding noise limits may only occur during the hours of 7:00 a.m. to 6:00 p.m. and are as follows:

As part of the application, the applicant agrees that deviations of the noise levels from those expected in the conditional use application require noise abatement measures to be implemented within one week unless a longer period is allowed by the Borough.

The applicant shall install and maintain permanent outdoor microphone units that can reliably measure the noise associated with the proposed land use so that deviations can be monitored. The units must be able withstand the rigors of outdoor conditions and be free of the effects of temperature, humidity, snow, rain, and air pollution. Data coming from the permanent outdoor microphone units must be made directly available to the Borough at the same time as it is directly provided to the operator.

The applicant also agrees to be subject to any penalties for violations as defined by this article.

Complaints.

Except for emergency operations or initial drilling and hydraulic fracturing operations, hours of operation at an 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.

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);

Operators shall test all water supplies within 1,500 feet of each well site and share the results with landowners and the Borough;

The contact information of the operator; and

The availability of the operator to hold a meeting with such residents 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.

An emergency evacuation plan that is acceptable to the Borough shall be developed by the applicant and filed with the Borough; annual updates may be required by the Borough.

The plan will be called a preparedness, prevention, and contingency (PPC) plan and follow the PADEP document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, or the most recent applicable guidance document.

The applicant understands that the Borough deems this plan a vital portion of the application, given that residents near the industrial zone and workers within it have limited options to evacuate.

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

If the frequency distribution of noise does not a Normal Gaussian Distribution, then the measured ambient noise shall, at the discretion of the Borough, be taken as the 25th percentile of the noise distribution or the average of the noise when outliers are removed, so as to create a Normal Gaussian Distribution.

If the frequency distribution of noise follows a Normal Gaussian Distribution, then it shall be defined as the average level of noise in the period; or

If the frequency distribution of noise does not a Normal Gaussian Distribution, then the measured ambient noise shall, at the discretion of the Borough, be taken as the 25th percentile of the noise distribution or the average of the noise when outliers are removed, so as to create a Normal Gaussian Distribution.

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure, whichever is closer.

Lawful existing or authorized uses of adjacent properties.

Neighboring flood-prone or landslide-prone areas.

Agriculture and farmland.

Access roads must be 50 feet from adjacent property lines unless written consent is given.

The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, or debris carried onto any public road.

If the access road is less than 200 feet, the entire road must be limestone.

To enable the Borough's decision, as part of the conditional use application, and prior to beginning the operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one[??] twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

The Borough's decision to require sound mitigation, shall be based on the noise expected to be generated from the proposed land use, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise level at that point shall not exceed a measured ambient noise level as determined by the seventy-two-hour evaluation. During station or plant activities by more than 10 decibels above the measured ambient noise level during the hours of 7:00 a.m. to 6:00 p.m. The measured ambient noise is defined as:

During station or plant activities by more than five decibels above the measured ambient noise during the hours of 6:00 p.m. to 7:00 a.m. The measured ambient noise is defined as:

As part of the conditional use application, the applicant agrees that deviations of the noise levels from those expected in the conditional use application require noise abatement measures to be implemented within one week unless a longer period is allowed by the Borough.

As part of the conditional use application, the applicant must agree to install and maintain permanent outdoor microphone units that can reliably measure the noise associated with the proposed land use so that deviations can be monitored. The units must be able withstand the rigors of outdoor conditions and be free of the effects of temperature, humidity, snow, rain, and air pollution. Data coming from the permanent outdoor microphone units must be made directly available to the Borough at the same time as it is directly provided to the operator.

The applicant also agrees to be subject to any penalties for violations as defined by this article.

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure, whichever is closer.

Drip pans must be placed in any location, under equipment, that has the potential to leak.

All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Borough.

Processing plants shall be inspected by the Fire Department prior to operation. During the active operation at the processing plant, Borough staff or consultants designated by the Borough Secretary/Manager shall have access to the site to determine continuing compliance with the conditional use approval.

The applicant will reimburse the Borough for all reasonable and direct professional consultant fees incurred by the Borough related to site inspection, approval process, or for specialized work called for in the permit.

The Borough reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (PAMPC).[3]

Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the Borough, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

The facility and/or its operation shall comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the proposed oil or gas well, injection well, natural gas compression station, natural gas processing plant, impoundments, injection wells or any similar facilities performing functions for oil and gas development will not violate the citizens of the Borough's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the Borough or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Borough residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

Impoundments shall be allowed only on the parcel/property where drilling site is occurring as an accessory use.

No off-site impoundments, drill cuttings pits/reserve pits shall be permitted.

Impoundments shall not use surface aerators.

All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:

Impoundments must comply with all state and federal laws in regard to leak detection and monitoring and must comply with EPA 9090 or any regulation that supersedes it.

An impoundment shall not contain any liquid substance generated from any oil well(s) located on another property. Trucking in of outside liquid substance for storage in an impoundment is prohibited.

Size limitation. Impoundments are permitted to house up to 1,000,000 gallons of liquid substance.

An impoundment must be constructed as a completely enclosed building.

Emergency evacuation plan.

The Borough reserves the right to increase any required setback or impose a setback based on physical characteristics of the including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

Injection wells are only allowed on well pads, permitted for operation in the Borough.

The operator shall identify how long the injection well(s) will be in operation.

The operator shall identify the sources of fluid that will be injected into the injection well.

Written permission from the property owner(s) with legal or equitable title to the property where the proposed injection well site is located or demonstrable documentation of the applicant's authority to occupy the property shall be provided to the Borough.

The GPS location and 911 address of the injection well site must be provided to the Borough.

The minimum site required for the specific land use shall be five acres.

The storage, handling, transportation, and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Copies of any and all applications and permits required from all applicable local, county, state, and federal agencies for development of the injection well.

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to the Borough to establish compliance with all applicable regulations. All temporary and permanent structures, equipment, machinery, and sediment and erosion controls shall be identified. All protected structures within 1,000 feet of the property lines shall be identified. All roads related to the injection well must also be shown. A sufficient number of copies of the site plan shall be provide to the Borough for review and comment by all Borough emergency service organizations.

A risk assessment report prepared by a professional expert in the field that identifies the potential hazards stemming from the injection well at the proposed site and determines the quantitative and qualitative risk associated with the identified hazards must be provided to the Borough. The quantitative risk assessment shall include calculations of two components of risk (R), the magnitude of the potential loss (L), and the probability (P) that the loss will occur. The report shall include a public health risk assessment including potential impacts to water supply. This assessment is the process of characterizing the nature and likelihood of harmful effects to individuals or populations within one linear mile from the injection well site. The report shall also include an assessment of potential seismic impacts created by the operations of the injection well.

A traffic impact study prepared by a professional expert in the field shall be provided to the Borough. The study shall include:

To the extent the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis to the Borough for the injection well site. The environmental impact analysis shall describe, identify, and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations, or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studies shall be reviewed and approved by the Borough. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the injection well, including the impact on the critical areas, the protective measures and minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study to the Borough for the injection well site. The study shall be prepared by experts acceptable to the Borough and submitted with the application. The air quality study shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality with an explanation of that analysis.

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a geological study to the Borough for the injection well site. The study shall be prepared by experts acceptable to the Borough and submitted with the application. The geological study shall include an analysis of the existing geological formations in and surrounding the proposed site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professional preparing the report regarding the potential geological impact of the proposed use.

To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study to the Borough for the injection well site. The study shall be prepared by a hydrogeologist acceptable to the Borough and submitted with the application. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table, and analyze and delineate the effects of the proposed use on the hydrology, including surface and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Borough. If the study shows an alteration to the groundwater, the application shall be denied.

Prior to beginning any injection well development activities, the applicant shall be responsible for testing soil conditions within 100 feet of each injection well site. The purpose of the soil testing is to determine the baseline soil conditions surrounding the proposed injection well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area. Predevelopment testing results shall be submitted as part of the conditional use application. After operations at the injection well site have begun, the applicant shall be responsible for retesting the soil conditions within 100 feet of each injection well site using the same parameters as the predevelopment testing. Post-development testing shall be completed 12 months after operations have begun. The full results shall be submitted to the Borough and PA DEP within 10 of their receipt by the applicant. The applicant shall be responsible for all costs associated with testing. Testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.

The applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $1,000,000 per occurrence. The applicant shall fully defend, protect, release, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any grossly negligent, willful, or intentional acts of the Borough, its departments, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.

Conditional use approval is nontransferrable and shall automatically terminate, unless extended, if operations have not commenced within one year from the date of issuance of the approval. The conditional use may only be extended by the Borough Council upon written request by the operator, after notice and hearing. The applicant shall provide proof that the requested conditional use approval for such location has not changed, and that the applicant meets all applicable criteria contained in this section.