Reserve Township City Zoning Code
ARTICLE XII
Oil and Gas Drilling
§ 430-125 Purpose.
It is hereby declared to be the purpose of this chapter to declare oil and gas development a use permitted by Conditional Use in the following zoning districts of the Township of Reserve: R-4 and C-2. The Township recognizes that the regulation of oil and gas development is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Township maintains its zoning powers as set forth in the Pennsylvania Municipalities Planning Code (MPC) and through this chapter. The Township further recognizes that it is in the Township's best interest to have information concerning oil and gas exploration, development, and production readily accessible to residents and officials where operations are occurring within the Township and to ensure that certain security and safety measures related to oil and gas well drilling are in place.
§ 430-126 Definitions.
As used in this chapter, the following terms shall be interpreted or defined as follows:
A site that consists of the area occupied by the facilities, structures, materials, and equipment, whether temporary or permanent, necessary for or incidental to the drilling, production, or operation of a gas well.
Reserve Township, Allegheny County, Pennsylvania.
A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through, and below the surface of the earth.
The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an oil and 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 other than natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities.
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
Any occupied residence, commercial business, school, religious institution or other public building located within 1,000 feet of the surface location of a well that may be impacted by noise generated from drilling or hydraulic fracturing 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 have signed a waiver relieving the operator from implementation of the measures established in § 430-127O of this chapter for the owners' or occupants' benefit.
A graded pad designed and constructed for the drilling of one or more oil and gas wells.
§ 430-127 Conditions of development.
The Board of Commissioner of Reserve Township hereby declares that oil and gas development may be permitted by Conditional Use in the R-4 and C-2 Zoning Districts, where said development meets the following conditions:
A.
Operator shall comply with any generally applicable bonding and permitting requirements for any and all Township roads that are to be used by overweight vehicles and equipment for development activities. The operator shall provide a description of plans for the transportation of materials and equipment to construct and maintain the gas resources development facility. The description shall include a map showing the planned vehicular access route to the gas resources development site, and shall indicate all state, county, and local roads and transportation infrastructure to be used. The proposed routes must be designed to minimize the impact on Township streets.
B.
Operator shall take the necessary safeguards to ensure that the roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur. Prior to the commencement of any activity at the development site, the operator shall enter into a Township Roadway Maintenance and Repair agreement with the Township, in a form acceptable to the Township, regarding the maintenance and repair of Township roads used by vehicles engaged in development activities. The operator shall conduct an inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified by the operator, including photography, video and core boring as determined by the Township Engineer. The Township Roadway Maintenance and Repair Agreement will identify the responsibilities of the operator to prepare, maintain, and repair Township roads before, during, and immediately after drilling operations. The operator shall take all necessary corrective action and measures as directed by the Township to ensure compliance with the agreement.
C.
Operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, operator will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
D.
Operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all tree stumps from properties it clears for development purposes. However, operator shall be permitted to, consistent with the any outdoor burning laws, ordinance(s) or regulations, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.
E.
Prior to development, operator shall provide to the Township's Police Department and Fire Company ("first responders") and to the Zoning Officer, a copy of its Preparedness, Prevention and Contingency ("PPC") Plan.
F.
Before drilling, the operator shall ascertain whether the Township's first responders have secured 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 Manager, operator will, prior to drilling of an oil and 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 anticipates drilling activities in the Township.
G.
Operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
H.
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, 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 development activities.
I.
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 minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead, or other area being developed.
J.
At least two weeks prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
(1)
A copy of the well survey plat showing the location(s) of the planned well(s);
(2)
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
(3)
The contact information for the operator; 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 well site construction.
K.
The operator shall provide to the Township Zoning Officer, at least 10 days prior to well site construction:
(1)
A map showing the planned access route to the well sites on public roads;
(2)
Information on the status of road bonding;
(3)
The operator's Erosion and Sedimentation Plan;
(4)
The well survey plat showing the planned surface location(s) of the well(s); and
(5)
The contact information for the operator.
L.
At least 10 days prior to commencement of drilling, the operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP").
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 drilling and hydraulic fracturing equipment and install permanent fall protection fencing meeting OSHA requirements and bird netting for ponds and pits that contain or could contain water or other liquids at depths greater than two feet.
(2)
Install warning signs providing notice of the potential dangers at the well site.
(3)
Provide at least one security guard at all times (24 hours/day, seven days/week) when a drilling rig or hydraulic fracturing equipment is on the well site.
N.
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or Well Site shall be performed during the hours of 10:00 p.m. to 6:00 a.m.
O.
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 chapter, 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)
_____
(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 (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:
(b)
The operator shall inform the Township of which level (average ambient noise level or default level) is being used.
(4)
Adjustments to the forgoing 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 Manager from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose, regarding noise generated during drilling or hydraulic fracturing activities, 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 the closer to the complainant's building of:
(6)
If the operator engages in any noise testing as required by this chapter, 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, operator will meet with Township 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 1) an exhaust muffler or 2) an exhaust box. The exhaust muffler or exhaust box shall be constructed of non-combustible 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 workover operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Workover 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.
§ 430-128 Penalties.
Any operator or person performing work at their direction who violates or permits a violation of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township Zoning Officer before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. 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 injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Township. A person who violates this chapter shall also be responsible for the Township's attorney's fees, engineering fees, expert fees and court costs associated with enforcement.
§ 430-129 When effective.
This chapter shall become effective immediately and shall repeal all other incompatible ordinances to the extent of such incompatibility.