Wolf Township Lycoming County
City Zoning Code
City Zoning Code
PART 18
OIL AND GAS EXPLORATION
§ 27-1801 Purpose.
[Ord. 2016-04, 11/14/2016]
The purpose of this Part is to provide for the health, safety and welfare of the residents of Wolf Township, through zoning and floodplain management provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the Township’s residents. Oil and gas exploration, drilling and extraction operations involve activities that are economically important and will impact the Township. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the residents of the Township.
§ 27-1802 Definitions.
[Ord. 2016-04, 11/14/2016]
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
The digging or boring of a well, either vertically or horizontally, for the purpose of exploring for, developing or producing oil or gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.
The area or surface operation surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling site.
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
A permanent structure that is used as a midstream operation for the purpose of metering or measuring the flow and/or volume of gas and includes associated equipment, tanks and site disturbance.
A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
The well site preparation, construction, drilling, redrilling, hydraulic fracturing and/or site restoration associated with an oil or gas well of any depth, water or 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, 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.
Facility or location on a permitted site for the storage of equipment, pipes and vehicles used to support oil or gas development activities at other permitted sites. (Refer to §27-422, Contractor’s Shops and Yards.)
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 other liquid related to oil and gas production, storage, including brine disposal.
Stand-alone facility to accommodate tanks of any construction (metal, fiberglass, concrete, etc.) and impoundments used for the storage of water that has been used and is being reused.
§ 27-1803 Zoning Classifications.
[Ord. 2016-04, 11/14/2016]
1.
Subject to the provisions of this Chapter, and in order to allow for the reasonable development of oil and gas resources, the following zoning classifications shall apply for oil and gas activities:
A.
Pipeline Construction and Seismic Operations. Pipeline construction and seismic operations shall be a permitted use within all zoning districts; provided, that such activities are conducted in accordance with all applicable Federal and State laws and regulations relating to the storage and use of explosives.
B.
Natural Gas Compressor Stations/Processing Plants/Metering Station.
(1)
Permitted Use. Natural gas compressor stations/processing plants/metering stations shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following:
(a)
Proposed structures must be located 750 feet or more from the nearest existing building or 350 feet from the nearest lot line, whichever is greater, unless waived, in writing, by the owner of the building or adjoining lot.
(b)
Proposed structures must be located 350 feet from any road maintained by the municipality, the county or the State Highway Department.
(c)
Proposed structures must be located 1,000 feet from any school building, hospital building, nursing home building, park, playground or church building.
(d)
The compressors are required to be enclosed in a building with doors.
(e)
All lights located on any site shall be shielded, designed and directed in such a manner so that they do not shine directly onto any public road or adjacent dwelling.
(f)
Must operate in such a manner that the noise level generated by the natural gas compressor station does not exceed the applicable standard imposed by Federal law; documentation to this effect is required with zoning application.
(g)
Written documentation of the steps the applicant will take to mitigate or resolve impacts, whether temporary or permanent, specifically related to potentially noxious, hazardous or nuisance occurrences within the district or to any adjacent district.
(h)
Natural gas compressor stations/processing plants/metering stations shall be fenced and buffered from adjacent areas in accordance with the requirements of §§27-505.2 and 27-506 of this Chapter.
(i)
A written commitment shall be submitted with the Zoning Application stating that the site will be restored within one year following termination of production.
C.
Water Reuse Storage Facility.
(1)
Permitted Use. Water reuse storage facility shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following:
(a)
A written commitment shall be submitted with the zoning application stating that a complete site restoration within one year following the termination of production in accordance with PADEP regulations.
(b)
Impoundments that are used solely for fresh water storage do not require a zoning permit.
(c)
Water reuse storage facility shall be fenced and buffered from adjacent areas in accordance with the requirements of §§27-505.2 and 27-506 of this Chapter.
(d)
Entrances and exits to any public access roads shall be a minimum of 50 feet from any intersection. All entrance driveways shall be paved for a distance of 50 feet from the public street to prevent stone, soil, and dust from being deposited on the public roadway.
D.
Oil and Gas Development.
(1)
Permitted Use. Oil and gas development shall be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter.
(2)
These regulations apply to all new oil and gas drilling sites proposed to be constructed after the effective date of the ordinance codified in this Part.
(3)
Any physical modification to an existing site materially altering the size, type, location and/or number of wells or other accessory equipment shall require a permit or, in the case of additional wells, notice under this Part.
(4)
Permit fees will be based on the area of the well pad or the area to be developed for accessory uses for a well pad.
(5)
In addition, the following restrictions shall also apply in all residential zoning districts:
(a)
Oil or gas well sites are prohibited unless the outer edge of the well pad is at least 750 feet from an existing building.
(b)
Oil and gas operations, other than the placement, use and repair of oil and gas pipelines, water pipelines, access roads and security facilities, are prohibited from taking place within 750 feet of an existing building.
(6)
Oil and gas development shall be prohibited in any mapped floodway or flood fringe district.
§ 27-1804 Applicability.
[Ord. 2016-04, 11/14/2016]
1.
This Part applies to all oil and gas activities, including, but not limited to, well and pipeline operations, oil or gas well sites, impoundment areas used exclusively for oil and gas operations, natural gas compressor stations and natural gas processing plants that will be permitted or constructed after the effective date of the ordinance codified in this Part.
2.
Oil and gas activities, including, but not limited to, well and pipeline assessment operations, oil or gas well sites, impoundment areas used exclusively for oil and gas operations, natural gas compressor stations and natural gas processing plants that were permitted or constructed prior to the adoption of the ordinance codified in this Part shall not be required to meet the requirements of this Part. However, any owner and/or operator seeking to make a modification to existing oil and gas activities after the effective date of the ordinance codified in this Part that would materially alter the size or location of the use shall comply with the terms of this Part.
3.
The Township acknowledges that it is preempted from enacting or enforcing ordinances that impose conditions, requirements or limitations on the same features of oil and gas operations regulated in Chapter 32 of Act 13 or that accomplish the same purposes set forth in Chapter 32 of Act 13. In addition the Township acknowledges that environmental acts are of statewide concern and that it is preempted from regulating oil and gas operations to the extent that such operations are regulated by the environmental acts. This Part is intended to comply with such preemptive restrictions.
§ 27-1805 Permit Requirement.
[Ord. 2016-04, 11/14/2016]
1.
Permit Requirement. A zoning permit shall be required prior to the commencement of all new oil or gas activities, and to the addition to any existing activity or sites that materially alter the size or location of the existing site or activity.
2.
Permit Application. The applicant shall provide the Township with the following information at the time of permit application.
A.
All information required on the zoning permit application.
B.
A narrative describing the proposed activity, including:
(1)
The approximate number of acres to be disturbed for development;
(2)
Proposed structures and buildings; for oil and gas activity applications, the proposed number of wells, including the DEP permit number(s) for any or all wells if available at the time of submittal and provided when issued later; and
(3)
Identification of area roads that will be used to access the site and description of the vehicles relating to the use. When appropriate, furnish a copy of the excess maintenance agreement for any road with weight limits that will be used.
C.
A “site address” for the site in compliance with the Lycoming County 911 addressing system for emergency and safety services.
D.
A copy of any permits issued at the time of submittal, including any DEP permits and any applicable PennDOT or municipal highway occupancy or driveway permits.
3.
If after reviewing the zoning application the Zoning Officer determines that a conditional use hearing is required, the Township will give written notice to adjacent property owners within 300 feet of the nearest line of the property for which the conditional use is sought at least seven days prior to the hearing.
4.
A zoning permit shall not be issued for any well to be drilled within any floodway identified in the flood insurance study (FIS) prepared and approved by Federal Emergency Management Agency (FEMA).
A.
Drilling and placing associated structures and equipment are not permitted in the floodway of the regulated floodplain.
B.
Earth moving activities that do not materially change the contour of the land are permitted for the purpose of pipeline installation.
C.
Drilling associated structures, equipment, development and disturbance in the remainder of the regulated floodplain are discouraged. Upon reasonable justification submitted by the applicant that the only suitable place on the property controlled by the applicant to access the gas or oil is from a site area located in the flood fringe segment of the regulated (or 100-year) floodplain, a zoning permit may be issued by the Zoning Officer, provided: