OFFICIAL PETERS TOWNSHIP WASHINGTON COUNTY, PENNSYLVANIA ORDINANCE NO.___737____ AN ORDINANCE OF PETERS TOWNSHIP, WASHINGTON COUNTY, PENNSYLVANIA, AMENDING ORDINANCE No. 657, CHAPTER 27 OF THE TOWNSHIP CODE OF ORDINANCES, SPECIFICALLY SECTION 201 “DEFINITIONS”, SECTION 300 “DISTRICT CLASSIFICATIONS” ADDING A “MINERAL EXTRACTION OVERLAY DISTRICT-MEOD”, SECTION 303 “PERMITTED AND CONDITIONAL USES AND USES BY SPECIAL EXCEPTION BY ZONING DISTRICT” TABLE 2: "NON-RESIDENTIAL PERMITTED USE CHART”, AND ADDING SECTION 504 “MINERAL EXTRACTION OVERLAY DISTRICT” AND SECTION 713 “MINERAL EXTRACTION; CONDITIONAL USES” AND SECTION 714 “COMPRESSOR STATIONS” AND SECTION 715 “PROCESSING PLANTS”. WHEREAS, the Pennsylvania Municipalities Planning Code, section 601, grants authority to Peters Township to enact zoning ordinances that protect and promote the health, safety, morals, and the general welfare of its residents; and WHEREAS, Peters Township believes that mineral extraction activity without proper regulation may pose hazards to the health, safety, morals, and general welfare of the residents of the Township; and, WHEREAS, Peters Township deems it appropriate to enact regulations regarding activities associated with mineral extraction which are not otherwise within the jurisdiction of federal and state regulations and from which the Township is not preempted; and, 1 WHEREAS, the proposed amendment has been reviewed by the Peters Township Planning Commission and the Washington County Planning Commission, with approval being recommended. NOW, THEREFORE, be it ordained and enacted by the Council of Peters Township in meeting assembled, and it is hereby ordained and enacted by and with the authority of same as follows: Section 1 § 201. Definitions. Shall be amended by adding the following: Acoustical Blanket – A fabric placed around a site or object that assists in the abatement of noise and acts as a sound absorbent and noise blocker. The fabric is resin coated to withstand weather, moisture and the more demanding outdoor applications. Aquifer – A body of rock that contains sufficient saturated permeable material to conduct ground water and to yield economically significant quantities of ground water to wells and springs. Drilling - Means any digging or boring of a new or existing well to explore, develop, or produce oil, gas or other hydrocarbons, or to inject gas, water or any other fluid or substance into the earth. Drilling Equipment – Means the derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery, or equipment used, erected, or maintained for use in connection with drilling. Exhaust Muffler – an acoustic device inserted in the exhaust system that is designed to reduce noise. Groundwater – Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Groundwater often supplies wells and springs and is often withdrawn for agricultural, municipal, industrial, and other beneficial uses. Line Compressor – a device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline. Mineral Extraction – the removal of any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock 2 and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracitic and bituminous coal, coal refuse, peat and crude oil and natural gas. Natural Gas Compressor Station – A facility designed and constructed to compress natural gas that originates from an oil and gas well or collection for 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. Natural Gas Liquids (NGL) – Components of natural gas that are liquid at the surface of in-field facilities or in gas-processing plants. Natural gas liquids can be classified according to their vapor pressures as low (condensate), intermediate (natural gasoline) and high (liquefied petroleum gas) vapor pressure. Natural gas liquids include propane, butane, pentane, hexane and heptanes, but not methane and ethane, since these hydrocarbons need refrigeration to be liquefied. The term is commonly abbreviated as NGL. 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 are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas. Oil and Gas Drill Site – The oil and gas drill site shall consist of the area occupied by the facilities, structures, and equipment necessary for or incidental to the drilling or operation of an oil or gas well excluding natural gas processing plants and compressor stations. Operator – Any person, partnership, company, corporation including its subcontractors and agents who are actively engaged in the exploration or drilling for producing or transporting oil or gas. Protected Structure – A protected structure is any full-time occupied residence, school, religious institution or other public building that may be impacted by activity associated with oil and gas well development and/or natural gas compressor stations or processing plants. This term shall not include any structure owned by a grantor or lessor who has signed, or is legally subject to, an agreement granting surface rights to drill a well and/or erect and maintain a Natural Gas compressor station or processing plant. Sound Wall – A wall constructed around a site or object that assists in the abatement of noise. Surface Water - Water collecting on the ground or in a creek, stream, river, pond, lake, wetland, or ocean; it is related to water collecting as groundwater or atmospheric water. Water Supply - A supply of water for human consumption or use, or for agricultural, commercial, industrial, recreational, or other legitimate beneficial uses. 3 • All other terms will be as defined in Pennsylvania’s Oil and Gas Act (Act 223) Title 58. Oil and Gas, Chapter 11, Oil and Gas Act Section 2 § 300. District Classifications. Shall be amended by adding the following: A.(2) Zoning Overlays. MEOD Mineral Extraction Overlay District 4 Section 3 § 303. Permitted and Conditional Uses and Uses by Special Exception by Zoning District. Shall be amended by adding the following: Table 2: Non-Residential Permitted Use Chart P Permitted Use C Conditional Use S Use by Special Exception A Accessory Use Residential Non-residential/Industrial Mixed Use R-1A R-1B R-1C R-2 R-3 PRD C-1 C-2 C-3 C-4 LI TC VNC MX-VB MX-WV Single Family Conventional Single-Family Woodland Protection Single Family Cluster Multi-family Residential Village Residential Planned Residential Development Neighborhood Commercial General Commercial Business Commercial Transitional Commercial Light Industrial Town Center Venetia Neighborhood Commercial Mixed-Use Valley Brook Road Corridor Mixed Use West Venetia Road Corridor Public, Private and Semi- 51 S S S S S S P P S S S P S S Private Recreation Facilities 52 Public Works Facility S S S S S P S S S S 53 Research and Development P C C Restaurant, High Turnover with 54 P Drive-Thru Restaurant, High Turnover 55 P P P P w/out Drive-Thru Restaurant, Medium Turnover 56 P P P P P w/out Drive-Thru 57 Restaurant, Low Turn Over P P P C P P P P 58 Retail Stores P P P P P 59 Satellite Dish/ Antenna A A A A A A A A A A A A A A A 60 School S S P P P 61 Self-Storage Facility P Sexually -Oriented 62 C Establishment 63 Shed A A A A A A A A A Single-Family Res. Recreation 64 A A A A A A Facility 65 Studio/Academies S P P P P P P P P P 66 Theatre/Auditorium P P P 67 Wholesale Landscaping Service P C 68 Veterinary Services P P P P P P P P 69 Warehouse P 70 All Other Uses S 71 Compressor Station C 72 Processing Plant C 5 Section 4 § 504. Mineral Extraction Overlay District A. The intent of the Mineral Extraction Overlay District (MEOD) is to provide areas within the Township where mineral extraction may occur and to enact regulations regarding the activities associated with mineral extraction which are not otherwise within the jurisdiction of federal and state regulations and from which the Township is not preempted by the Pennsylvania Oil and Gas Act. Peters Township believes that mineral extraction activity without proper regulation may pose hazards to the health, safety, morals, and general welfare of the residents of the Township. Therefore, the overlay district and associated regulations have been created in order to ensure proper location of mineral extraction activities within the township, minimize impacts on residential neighborhoods, public facilities, township infrastructure, and the environment, and ensure that all operations comply with all federal, state, and local regulations by obtaining all required permits. B. For full regulations within the overlay district, refer to §713 Mineral Extraction. Section 5 § 713. Mineral Extraction. Shall be amended by adding the following: Oil and gas drilling sites shall be evaluated as a Conditional Use subject to the following express standards and criteria: A. A Conditional Use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant’s authority to occupy the surface for the purpose of mineral extraction. B. Conditional Use approval is non-transferable without consent from Council, and shall automatically terminate, unless extended, if drilling is not commenced within one (1) year from the date of issuance of the conditional use. The conditional use approval may be extended by Council upon written request by the Operator. The Operator shall provide proof that the requested conditional use permit for such location has not changed. C. The oil and gas drill sites shall only be permitted to occur on property located within the Mineral Extraction Overlay District and is a minimum of forty (40) acres. The property must have direct access to arterial, collector, or state roads. The Township reserves the right to increase any setback based on physical characteristics of the site including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods. 6 D. As part of the Conditional Use application, the Applicant shall have submitted all necessary applications for permits and plan approvals to the PA DEP. Prior to beginning the drilling site construction, the applicant shall submit to the Township a copy of all permits (General permits, well permit(s), joint permits, earth disturbance permit, ESCGP-1, etc.) issued by the PA DEP. In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, water management plan, water withdrawal plan, Pollution Prevention Contingency, alternate waste disposal, etc.) required and approved by the PA DEP. The Township Engineer shall be provided with a timeline and activity schedule and all required permits shall be maintained, commencing at site construction and continuing throughout the duration of drilling and production testing (hydraulic fracturing) operations. Any suspension or revocation of permits by PA DEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension of zoning approval. E. Pre-Drilling, Post-Hydraulic Fracturing, and Baseline Water Survey Requirements – Prior to drilling and post-hydraulic fracturing, the Operator shall be responsible for testing all existing water supplies (surface and groundwater) within 1,000 feet of the surface location of the well. The purpose of testing is to determine the baseline quality and quantity of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate resultant changes that may occur or have an impact on the water supply of the site and surrounding area. If a landowner refuses to allow the Operator access to conduct a survey, the Operator shall show evidence of such refusal in accordance with PA Code Title 25, Chapter 78, §78.52 (f). In addition, prior to drilling, the Operator will be required to drill a test well outside of the limits of the well pad but no more than 750 feet from the well location to a depth that intersects all know or viable aquifers for the purposes of obtaining a baseline assessment of water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill site. All testing shall adhere to the following: a. Pre-drilling testing results, both from existing water supplies and from the Operator-drilled test well, shall be submitted as part of the Conditional Use application. b. Post-hydraulic fracturing testing shall be completed no sooner than one (1) month after hydraulic fracturing activities have ceased and no later than two (2) months after hydraulic fracturing activities have ceased. c. The post-hydraulic fracturing test results, both from existing water supplies and from the Operator-drilled test well, shall be submitted to the Township, PA DEP, and residents within 1,000 feet of the surface location of the well in accordance with PA Code Title 25, Chapter 78, §78.52 “Predrilling or prealteration survey” within ten (10) days of their receipt. d. 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 Township. e. Water Quantity Test – The Operator shall hire a consultant (hydrologist) agreed upon by the Township to conduct water quantity testing. The consultant shall submit a pre-testing and a pre-drilling plan to be approved by the Township. The 7 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. f. 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 Township reserves the right to add additional parameters: Analyte Inorganic Trace Metal Organic Microbiology Other Alkalinity Barium Ethane Total Coliform/E.Coli Volatile Organic Compounds Chloride Calcium Methane Detergents (MBAS) Conductivity Iron Total Organic Carbon Hardness Magnesium Nitrate Oil and Grease Manganese Radionuclides gross alpha, radium Ph Potassium Radon Sulfate Sodium Lead Total Dissolved Solids Strontium Reside - Filterable Arsenic Total Suspended Solids Residue - Non Filterable F. Pre-Drilling and Post-Hydraulic Fracturing Soil Survey Requirements – Prior to drilling and post-hydraulic fracturing, the Operator shall be responsible for testing soil conditions within the area of the drill site but no greater than 500 feet from the surface location of the well. The purpose of testing is to determine the baseline soil conditions in the immediate vicinity of the proposed well site and evaluate resultant changes that may occur or have an impact on the soils of the site and surrounding area. a. Pre-drilling testing results shall be submitted as part of the Conditional Use application. b. Post-hydraulic fracturing testing shall be completed no sooner than one (1) month after hydraulic fracturing activities have ceased and no later than two (2) months after hydraulic fracturing activities have ceased. c. The results shall be submitted to the Township and PA DEP within ten (10) days of their receipt. d. 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 Township. e. Operators shall test for the following list of parameters for soils. The list is not exhaustive and the Township reserves the right to add additional parameters: 8 Analyte Inorganic Trace Metal Microbiology Other Alkalinity Barium Total Coliform/E.Coli Volatile Organic Compounds Chloride Calcium Nitrate Hardness Iron Radionuclides gross alpha, radium Oil and Grease Magnesium Lead Ph Manganese Sulfate Potassium Reside - Filterable Sodium Residue - Non Filterable Strontium Arsenic G. Access 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. H. The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the drilling operation. The proposed hauling routes must be designed to minimize the impact on Township roads. The Township reserves the right to designate reasonable required truck hauling routes consistent with the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation throughout the Township. The Township shall consider all potential routes and, when possible, designate routes that are the least intrusive to the Township, its operation, and the general public. When determining the least intrusive routes, the Township shall account for roadway jurisdiction, traffic, physical characteristics/conditions, location of school bus stops/routes, and the amount of residential units along potential routes. Routes shall be coordinated with the school district to minimize impact on peak school bus operation hours. Operators shall be responsible for clearly posting designated routes with identification signs in a manner (style and location) approved by the Township. I. The applicant or owner of the oil or gas well shall execute an excess maintenance agreement with the Township for a Type 2 permit as per the Pennsylvania Code Chapter 189.4(B) Road Bonding, and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads and bridges damaged as a result of hauling associated with the drilling operation. J. 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. In accordance with Section 316, Driveways; Peters Township Zoning Ordinance - Driveways accessing the drill site shall be paved with an impervious material from the public street cart way fifty (50) feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation. The first fifty (50) feet from existing edge of pavement extending fifty (50) feet into the site shall consist of the following material: 9 • Compacted Subgrade • PADOT Class 4 Geotextile Fabric • 8” AASHTO #1 Crushed Aggregate Base Course • 2” PADOT 2A Aggregate (Choke Material) • 4” (Compacted) – Superpave 25 mm Binder Course The remainder of the driveway to the well pad shall be constructed with the following material: • Compacted Subgrade • 8” AASHTO #1 Crushed Aggregate Base Course • 2” – PADOT 2A Aggregate (Choke Material) Proper and adequate storm water run-off controls for driveways shall be installed to prevent concentration of run-off onto adjacent properties or public streets. K. As part of the Conditional Use application, the applicant/owner shall provide the Peters Township Fire Department, with a copy of the PA DEP approved preparedness, prevention and contingency (PPC) plan. The applicant shall prior to drilling its first gas well in the Township make available with at least thirty (30) days notice, at the applicants sole expense one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at approved drill sites. L. As part of the Conditional Use application, the Township and emergency management services shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached twenty-four (24) hours a day. Also, a list of contact information for all sub-contractors associated with the oil and gas drilling operations must be provided. The list shall include verification that all supervisors/operators and sub-contractors at the drill site are aware and understand this ordinance. M. 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. In lieu of a gate the operator can provide 24/7 security on sites during the drilling operation. N. Lighting – No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero (0) foot-candle at the property line. 10