North East Township Erie County
City Zoning Code
City Zoning Code
ARTICLE XII
Gas and Oil
[Added 10-17-2011 by Ord. No. 2011-004]
§ 350-89 Purpose.
A.
The purpose of this article is to provide, 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 for Township 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 both economically feasible and minimizes the potential impact on the residents of the Township.
B.
Local governments are preempted from regulating the same features of oil and gas well operations or accomplishing the same purposes regulated under the Pennsylvania Oil and Gas Act.[1] This article is intended to regulate surface land use.
[1]
Editor's Note: See now 58 Pa.C.S.A. § 3201 et seq.
§ 350-90 Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person, owner, operator, partnership, company, corporation, their subcontractors or agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
BOARD or BOARD OF SUPERVISORS
North East Township Board of Supervisors.
BUILDING
An occupied structure with walls and roof in which persons live or customarily work.
COLLECTOR STREET
A public street or road which, in addition to providing access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets.
DEPARTMENT
The Department of Environmental Protection of the commonwealth or its successors.
DRILLING PAD
The area of surface operations surrounding the surface location of a well or wells.
EMERGENCY RESPONDERS
Ambulance, rescue and fire departments and emergency management coordinators providing services in North East Township.
LOCAL STREET
A public street or road designed to provide access to abutting lots and to discourage through traffic.
NATURAL GAS COMPRESSOR STATION
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.
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well.
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
OIL OR GAS WELL
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.
OIL OR GAS WELL SITE
The location where facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. This definition also includes exploratory wells.
OPERATOR
The person designated as the well operator on the permit application or well registration.
OWNER
A person, who owns, manages, leases, controls or possesses an oil or gas well.
PAD DRILLING
The drilling of multiple wells from a single location.
PROTECTED STRUCTURE
Any occupied residence, commercial, business, school, religious institution or other public building, including structures such as garages and barns or other accessory buildings and structures, which may be impacted by noise generated from drilling or other activity at a well site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface rights to drill the subject well, or whose owner (or occupants) has (have) signed a waiver.
STORAGE WELL
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
TOWNSHIP
North East Township, Erie County, Pennsylvania.
WELL PAD
The area used for development and production of oil and gas including buildings and structures and all activities associated with an oil and gas well after drilling activities are complete.
ZONING OFFICER
The North East Township Zoning Officer.
§ 350-91 Applicability.
A.
This article applies to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants permitted or constructed after the effective date of this article.
B.
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 article shall not be required to meet the requirements of this article, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this article and materially alters the size, type, location, number of wells and/or other accessory equipment or structures, or any expansion (capacity or footprint) to an existing natural gas compressor station or natural gas processing plant shall require compliance with and a permit under this article.
§ 350-92 Zoning classifications.
Subject to the provisions of this article and this chapter, the following are applicable:
A.
Shallow oil and gas wells of 1,500 feet or less located not less than 100 feet from a road or property line and intended to provide gas for use on the property or adjacent properties shall be permitted in all districts. No fracturing or similar processes shall be permitted.
B.
An oil or gas well site is authorized as a permitted use within all zoning districts, except R-1 and R-2 Residential Districts, provided the oil and gas well site meets the requirements of this article and is placed:
(1)
Two hundred feet or more from any stream or creek; and
(2)
Five hundred feet or more from any protected structure which is located off the property where the oil or gas well is sited, or, if closer, then upon written approval of the owners of all preexisting protected structures located within 500 feet of the oil or gas well site.
C.
R-1 and R-2 Residential Districts.
(1)
An oil or gas well site may be permitted as a conditional use in the R-1 and R-2 Residential Districts, provided it meets the requirements of this article and is placed:
(a)
More than 200 feet from any stream or creek; and
(b)
Five hundred feet from any protected structure which is located off the property where the oil or gas well is sited, or, if closer, then upon written approval of the owners of all preexisting protected structures located within 500 feet of the oil and gas well site.
(2)
Otherwise, such siting and/or use is not permitted in R-1 and R-2 Residential Districts.
D.
A natural gas compressor station or a natural gas processing plant, or any similar facilities performing the equivalent functions, which would be located more than 1,000 feet from any protected structure which is located off the property where the natural gas compressor station or the natural gas processing plant or similar facility is located may be permitted in the A-1 Preservation, A-2 Agricultural, R-1 Rural Residential; R-2 Suburban Residential, and B-1 Commercial Districts as a conditional use. Otherwise, such siting and/or use is not permitted in A-1 Preservation, A-2 Agricultural, R-1 Rural Residential; R-2 Suburban Residential, and B-1 Commercial Districts. A natural gas compressor station or a natural gas processing plant is a permitted use in the B-2 Industrial District, provided it is located not less than 500 feet from the boundary of any other zoning district or 1,000 feet from any protected structure not located in the B-2 Industrial District.
§ 350-93 Permit requirement.
A.
No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within the Township unless a permit under this article has been issued to the owner or operator, approving the construction or preparation of the site for oil or gas development or the construction of natural gas compressor stations or natural gas processing plants.
B.
The permit application, or amended permit application, shall be accompanied by a fee as established by resolution of the Board of Supervisors. Where required, a separate and additional conditional use application and fee shall be required.
C.
Any modification to an existing and permitted oil or gas well site that materially alters the size, location, depth, drilling direction, 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 new permit under this article. Like-kind replacements shall not require a new permit.
D.
Seismic testing does not require a zoning permit. Any testing to be conducted on Township property or Township roads does require prior approval of the Board of Supervisors.
E.
Installation of gathering and transmission pipelines does not require a zoning permit. The installation of pipelines in or under Township road rights-of-way does require the prior approval of the Board of Supervisors.
F.
A zoning permit shall be required for each well pad. When multiple wells are located on the same well pad, a separate permit for each well is required.
G.
Prior to drilling an oil/gas well or drilling multiple oil/gas wells at a location, the operator shall provide the following information to each resident or property owner 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 said well(s).
(3)
The contact information of the operator.
(4)
A copy of the test results from any water wells located on the resident's or owner's property.
H.
A statement or evidence that, prior to the commencement of any activity at the oil or gas well site, the applicant has accepted and complied with any applicable bonding and permitting requirements and has entered into a roadway maintenance and repair agreement with the Township, in a form acceptable to the Township, regarding the maintenance and repair of the Township roads and streets that are to be used by vehicles for site construction and drilling activities. A description of how damage to public roads adjacent to the tract will be addressed shall be included.
I.
The applicant shall ensure that the Township roads and streets utilized by the applicant, its agents, contractors or suppliers shall remain substantially 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 accumulate as a result of applicant's activities.
J.
An appropriate site orientation and training course of the preparedness, prevention and contingency plan (PPC) shall be provided for all emergency responders prior to any drilling. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence of a training course issued to the appropriate emergency responders in the last 12 months shall be accepted. Site orientation for each well/well pad shall still be required for the appropriate emergency responders, as determined by the Township.
K.
The applicant shall maintain at the property and on file with the Township a current list and the material safety data sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Township shall require the operator to reimburse the Township for the cost of procurement of such special equipment or supplies.
L.
When gas collection or transportation lines are being installed, the applicant shall register with Pennsylvania One Call.
§ 350-94 Preapplication conferences.
A.
Purpose. Before submitting an application, the applicant is strongly encouraged to meet with the Zoning Officer 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 from the Zoning Officer before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
B.
Process. A preapplication conference is totally voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The 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.
§ 350-95 Permit application.
A.
The applicant shall pay the required application fee(s) and provide to the Zoning Officer at the time of permit application 12 copies of all of the following:
(1)
A narrative providing an overview of the project, including the number of acres to be disturbed for development, the number of wells to be drilled, the PADEP permit number(s) for all wells, and the location, number and description of equipment and structures.
(2)
For natural gas compressor stations or natural gas processing plants, a narrative providing an overview of the project, equipment and structures and operations.
(3)
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the County 911 addressing program for information of emergency responders and the name, address and phone number of the property owner(s).
(4)
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Township and all applicable emergency responders as determined by the Township. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Upon any change of relevant circumstances, the applicant, as necessary in order to comply with this requirement, shall update such information and provide it to the Township and all applicable emergency responders.
(5)
A site plan of the oil or gas well site prepared by an engineer or surveyor licensed in Pennsylvania showing the drilling pad, planned access roads, the location of derricks, drilling rigs, equipment and structures and all improvements to the site and any post-construction surface disturbance in relation to natural resources. All structures within 600 feet of the boundaries of the well site shall be identified. All setback distances shall be shown. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site configured such that the normal flow of traffic on public streets shall be undisturbed. No vehicles may be staged on public roads or berms.
(6)
A location map of the natural gas compressor station or natural gas processing plant, including any major equipment and structures, and all permanent improvements to the site.
(7)
A description of plans for the transportation of materials and equipment to construct and maintain the oil or gas well site during all phases of construction, drilling and operation. Such description shall include a map showing the planned vehicle access routes to the development site.
(8)
An inventory, analysis, and evaluation of existing road conditions on municipal roads along the proposed transportation route identified by the applicant, including photography, video and core boring, as determined to be necessary by the Municipal Engineer.
(9)
To the extent that the same is not otherwise included or provided on 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 water withdrawal plan for the development identifying the source of 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 of Pennsylvania or any other governmental body. If the development is to be supplied by way of water lines, the locations of all proposed water lines are to be identified. The site for the treatment and disposal of the water will also be identified. A closed loop system for handling fluids is recommended.
(10)
A map showing all gas collection and transportation lines.
(11)
A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the Township and all emergency responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site.
(12)
As a condition of permit approval, applicant shall provide all permits and plans from the Pennsylvania Department of Environmental Protection and all other appropriate regulatory agencies within 30 days of receipt of such permits and plans and shall immediately supply copies of any modifications or revocations of any plans or permits.
B.
Application processing. Within 30 days after receipt of a permit application, the Zoning Officer will determine whether the application is complete and adequate and advise the applicant of any missing or inadequate material.
C.
When the application is complete and adequate, the applicant shall be so notified, and, in zoning districts where the proposed activity is a conditional use, a public hearing shall be held in accordance with the procedures set forth in this chapter and the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
See 53 P.S. § 10101 et seq.
§ 350-96 Site design and installation.
A.
Vehicular access to any natural gas well, oil well or well pad shall be designed to minimize danger to traffic and nuisance to surrounding properties.
(1)
Vehicular access to a natural gas well, oil well or well pad solely via a residential street is discouraged and will only be authorized when there is no other reasonable means of access.
(2)
Vehicular access to a natural gas well, oil well or well pad via a collector street is encouraged.
(3)
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
(4)
Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.
(5)
Access directly to Township roads shall require a Township driveway permit prior to initiating any work at a well site.
(6)
Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be improved with limestone or other Township-approved material for the first 150 feet in a manner that no water, sediment, or debris will be carried onto any public street and the berm and roadway are not damaged. If any amount of mud, dirt or other debris is carried on to public or private rights-of-way from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Township to keep the streets continuously clean.
(7)
Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:
(a)
Meet Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, PennDOT Design Manual 2.
(b)
Ensure adequate capacity for existing and projected traffic volume.
(c)
Provide efficient movement of traffic, including appropriate turning radii and transition grade.
(d)
Minimize hazards to highway users and adjacent property and human activity.
B.
Height.
(1)
Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is to be located.
(3)
There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.
C.
Setbacks/location.
(1)
Setback distances. No oil and gas well site, natural gas compressor station or natural gas processing plant shall be closer than 100 feet to any streets or roads, nor shall it be closer than 100 feet to any property line, unless the adjacent property is under lease to the applicant or written approval is obtained from the owner of the adjacent property. A copy of the lease and/or approval shall be filed with the application.
(2)
Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is to be located.
(3)
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 consider the 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's applicable ordinances.
D.
Screening and fencing.
(1)
The Township emergency responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide County 911 Communications Center necessary information to properly locate the well pad in case of an emergency.
(2)
In construction of oil or gas well sites, the natural surroundings shall be considered and every reasonable attempt made to preserve existing trees and other native vegetation. Existing trees and their respective root systems should not be disturbed whenever possible.
E.
Lighting.
(1)
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, so as to minimize the glare on public roads and adjacent properties.
(2)
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
F.
Noise. The applicant shall take the following steps to minimize noise resulting from the oil or gas well development:
(1)
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency or other public facilities.
(2)
Prior to drilling of an oil and 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. 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 article, a default ambient noise level of 60 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.
(3)
The applicant shall provide the Township documentation of the established ambient noise level prior to starting oil or gas drilling and/or production operations.
(4)
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 F(2) by more than:
(a)
Ten decibels during drilling activities.
(b)
Ten decibels during hydraulic fracturing operations.
(c)
Five decibels for a gas compressor station or a natural gas processing plant.
(d)
The allowable increase in Subsection F(2)(c) shall not exceed the average ambient noise level for more than 10 minutes within any one-hour period.
(5)
Compressors and other power driven equipment shall use sparkless electrical motors when practicable as an alternative to internal combustion motors. If an internal combustion engine is used, it shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes or ignited carbon or soot. All such equipment shall be maintained in good operating condition according to manufacturer's specifications.
(6)
Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facilities.
(7)
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, as determined by the Township, and upon written agreement between the applicant and the Township.
G.
Prohibitions.
(1)
No drilling shall be allowed in the floodway designated as such on the latest FEMA maps.
(2)
Oil and gas drilling in the 100-year floodplain as designated on the latest FEMA maps shall not be permitted.
(3)
No chemicals shall be stored within the floodway or floodplain.
H.
Hours of operation. Except for emergency and governmental compliance activities, site operations, including the operation of natural gas compressor stations and natural gas processing plants, shall only occur between the hours of 6:00 a.m. and 8:00 p.m., prevailing time. Once the drilling rig is placed on the site, operations may occur continuously for a consecutive period of 15 days. The Zoning Officer may extend this time period for an additional seven days upon good cause shown and which cause is outside the control of the applicant. After this time period, all operations shall revert to and be limited to the hours between 6:00 a.m. and 8:00 p.m., prevailing time.
I.
Storage of equipment.
(1)
No equipment including drilling, redrilling, reworking or other portable equipment shall be stored on the development or facility which is not essential to the everyday operation of the well located thereon. This includes the removal of idle equipment unnecessary for the operation of such wells. Drip pans, containment devices or other best management practices should be used, placed or installed underneath all tanks, containers, pumps, engines and any other equipment which could leak.
(2)
Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.
(3)
It shall be illegal to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for gathering or transportation of hydrocarbon substances from the site.
§ 350-97 Consideration for approval of conditional use applications.
The Planning Commission shall review the conditional use application and all attachments, all testimony and evidence presented at the public hearing, applicable law and the provisions of this chapter and shall make a recommendation to the Board of Supervisors and may recommend appropriate conditions. The Board of Supervisors shall then consider the application, testimony and evidence, along with the recommendation of the Planning Commission, and if the application is approved, may impose such conditions which the Board finds to be proper.
§ 350-98 Access.
Township officials and designated representatives, including, but not limited to, the Zoning Officer, EMA Coordinator, and Fire Chief, shall have access to the oil or gas well site, without restriction.
§ 350-99 Severability.
If any section, subsection, sentence, clause or phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion thereof.
§ 350-100 Violations and penalties.
Any owner, operator, or other person who violates or permits a violation of this article shall be subject to the enforcement procedures and penalties set forth in this chapter.[1]
[1]
Editor's Note: See § 350-55, Violations and penalties.
