Transcript VILLAGE OF OWEGO, NEW YORK PLANNING BOARD “MARCELLUS SHALE DEVELOPMENT AND PLANNING IN BRADFORD COUNTY” JULY 10, 2013 Northern PA Planning Perspective.

VILLAGE OF
OWEGO, NEW YORK
PLANNING BOARD
“MARCELLUS SHALE DEVELOPMENT
AND PLANNING IN BRADFORD
COUNTY”
JULY 10, 2013
Northern PA Planning Perspective
Bradford County Profile
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Contains Approximately 1,152 Sq. Mi.
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51 Municipal Governments (13 Boroughs/38 Townships)
(7) School Districts
2000 Population (62,761) to 2010 Population (62,622)
Approximately 2,490 miles of Roadway (PENNDOT = 896 and Local =
1,594) *Retains the most dirt and gravel roads in the Commonwealth
Bridge Ownership: (515) State, (52) County & (114) Local
Leading Industries prior to the Natural Gas Rush: Manufacturing,
Education, Health Services and Agriculture
Bradford Co., PA v. Tioga Co., NY Unemployment (January):
YEAR
2008
2009
2010
2011
2012
2013
BRADFORD CO.
RATE
5.7%
8.3%
8.2%
6.4%
6.2%
8.8%
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Natural Gas Exploration & Production Process
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Leasing
3-D Seismic Testing
Permitting
Drilling
Hydrofracturing
Compressor Stations
Pipelines
Production
Reclamation
Bradford County Overall Gas Activity
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Bradford County Marcellus Well
Drilling Activity (2011-2013)
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PA DEP OFFICE OF OIL & GAS MANAGEMENT
Bradford County Marcellus Well
Drilling Activity (2011-2013)
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Baker Hughes
Ancillary Water Facilities
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(51) Water Withdrawal
Facilities
(113) Water Impoundments
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(826.4) Miles of
Temporary Waterlines
Gas Line Facilities
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Interstate Lines (TENNECO & CYNOG)
 130.18 Miles
Gathering Lines
 503.28 Miles (BUILT)
 389.26 Miles (PROPOSED)
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Compressor Stations
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15 (BUILT)
6 (PROPOSED)
Natural Gas Production Units
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One (1) Natural Gas Pad
with Multiple Wells:
Typically (6) to (8)
Well Pad Size: (3) to (5)
acres
Horizontal Well Trajectory:
North by Northwest/South
by Southeast
Average Unit: + 640 acres
Bradford County Producing Wells
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QUARTER
July – December
2012
So What do the Production Numbers Mean??
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BRADFORD COUNTY NATURAL GAS PRODUCTION
July to December 2012
285,000,000,000 ft.3 of Natural Gas Produced1
Residence Uses the Average of 193 ft.3 / day2
Within 180 days, 1,583,333,333.3 ft.3 / day
Production could serve approximately 8,203,799 homes/day for the period
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PA DEP Oil & Gas Management
American Gas Association
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Bradford County Producing Wells
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Bradford County Production Units
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2004 Bradford County Comprehensive Plan
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An official statement of goals and
policies with a long-term vision about
the community’s future
Serves as a guide for planning
commission, governing body and other
agencies, and private individuals and
organizations
Helps in evaluating proposals the
benefit the community common good
from those that do not.
Focuses on the community’s physical
development and its social and
economic quality of life.
Silent on the development of
renewable and non-renewable
resources (wind, solar, natural gas,
geothermal, green construction)
Subdivision & Land Development
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SUBDIVISION - the division or redivision of
a lot, tract or parcel of land by any means
into two or more lots, tracts, parcels or other
divisions of land including changes in
existing lot lines for the purpose, whether
immediate or future, of lease, partition by
the court for distribution to heirs or
devisees, transfer of ownership or building
or lot development: Provided, however, That
the subdivision by lease of land for
agricultural purposes into parcels of more
than ten acres, not involving any new street
or easement of access or any residential
dwelling, shall be exempted.
Subdivision & Land Development
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LAND DEVELOPMENT - any of the following activities:
(1) The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
(i) a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a
single nonresidential building on a lot or lots regard less
of the number of occupants or tenure; or
(ii) the division or allocation of land or space, whether
initially or cumulatively, between or among two or more
existing or prospective occupants by means of, or for the
purpose of streets, common areas, lease holds, condo
minimums, building groups or other features.
(2) A subdivision of land.
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Subdivision/Land Development Trends
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Subdivision/Land Development Trends
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Bradford County SALDO regulated in 44 of 51 municipalities
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2000 - 2012 Subdivision Average = 134 Applications / Year
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2000 - 2012 Land Development Average = 11 Applications / Year
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Since 2007: 68% Decrease in Subdivision Applications
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Since 2000: 53% of the total Land Development Applications were
reviewed between 2007 – 2012 (78 out of 146)
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2004 - 2012 Municipal Review Average = 26 Applications / Year
(Technical Review and Comment for 7 Municipalities)
Zoning Ordinances
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13 out of 51 Municipal Zoning Ordinances in Place
(9) Borough Ordinances & (4) Township Ordinances
 Most do not address Natural Gas Uses such as:
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Compressor Stations
Water Withdrawal Facilities
Unconventional Oil & Gas Pads
Dormitory Style Housing for Temporary Workers
CNG Filling Stations
Metering Facilities
Natural Gas Power Plants
Gathering Lines (Act 127 – PUC “regulate pipeline operators with the
Commonwealth consistent with Federal pipeline safety laws”)
* (3) Townships & (1) Borough Currently under Ordinance
Revisions, then comes Act 13…
Pennsylvania Act 13 of 2012 –
Unconventional Gas Well Impact Fee
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Gov. Corbett signed into law February 14, 2012
Imposed Fee on the number of producing
“Unconventional Spud” Wells
Counties and municipalities had the option to levy the
fees - Bradford adopted Ordinance within 60 days,
there Municipalities were now included
Act 13 outlines (13) specific uses of funds
Caveat: “All local ordinances regulating oil and gas
operations shall allow for reasonable development - if
the ordinance violated the PA MPC or Act 13, the
municipality will be ineligible for funding”
Pennsylvania Act 13 of 2012 – PA PUC
Local Government Impact Fee Disbursement
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Municipality
Disbursement ($)
Municipality
2012
2013
$9,556.06
$8,276.56
Albany Twp.
$432,120.02
$400,698.10
Monroe Borough
Armenia Twp.
$500,000.00
$425,319.92
Monroe Twp.
Asylum Twp.
$377,626.35
$287,764.55
New Albany Borough
Athens Borough
$197,658.18
$170,880.02
Athens Twp.
$474,124.26
$410,488.43
$26,315.15
$20,630.55
Burlington Twp.
$246,847.21
W. Burlington Twp.
Alba Borough
Disbursement ($)
2012
2013
$33,464.48
$28,918.08
$271,869.70
$230,541.62
$21,153.12
$18,266.74
Orwell Twp.
$365,105.66
Overton Twp.
Stevens Twp.
2013
$12,753.04
$11,029.10
Terry Twp.
$500,000.00
$412,757.84
Towanda Borough
$173,550.64
$150,076.66
$318,327.20
Towanda Twp.
$205,928.45
$170,906.62
$186,483.43
$184,453.47
N. Towanda Twp.
$121,691.69
$107,774.99
Pike Twp.
$298,959.17
$264254.18
Troy Borough
$79,922.34
$67,686.00
$217,735.97
Ridgebury Twp.
$321,045.55
$273,777.74
Troy Twp.
$500,000.00
$509,000.00
$276,486.10
$222,302.41
Rome Borough
$23,428.82
$20,260.92
Tuscarora Twp.
$362,361.01
$354,422.62
Canton Borough
$111,839.56
$96,633.66
Rome Twp.
$335,268.16
$267,566.01
Ulster Twp.
$219,828.04
$204,415.16
Canton Twp.
$463,800.92
$389,350.50
Sayre Borough
$334,621.58
$289,453.48
Warren Twp.
$313,833.78
$284,993.00
Columbia Twp.
$500,000.00
$509,000.00
Sheshequin Twp.
$293,378.01
$253,408.15
Wells Twp.
$500,000.00
$509,000.00
Franklin Twp.
$187,832.70
$173,131.33
Smithfield Twp.
$456,772.18
$399,007.12
Wilmot Twp.
$357,004.41
$430,721.86
Granville Twp.
$391,371.84
$301,730.74
S. Creek Twp.
$139,503.82
$120,690.60
Windham Twp.
$200,876.93
$211,469.96
Herrick Twp.
$486,874.27
$466,240.51
S. Waverly Borough
$66,273.54
$57,285.76
$38,191.86
$32,998.40
$19,197.02
$36,912.48
Springfield Twp.
$411,216.85
$369,581.93
Wyalusing Twp.
$324,168.77
$313,214.27
$168,616.22
$154,456.16
Standing Stone Twp.
$210,093.87
$154,288.28
Wysox Twp.
$327,276.66
$247,072.98
LeRoy Twp.
$256,198.12
2012
$304,232.97
LeRaysville Borough
$299,173.05
Disbursement ($)
$236,756.10
Burlington Borough
Litchfield Twp.
Municipality
Sylvania Borough
Wyalusing Borough
Pennsylvania Act 13 of 2012 –
Unconventional Gas Well Impact Fee
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Eligible Uses under the Impact Fee (County and Municipal):
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Construction, repair and maintenance of roads, bridges and other public infrastructure
Water, stormwater and sewer system construction, maintenance and repair
Emergency preparedness and public safety including law enforcement and fire services,
hazardous material response, 911, equipment, acquisition and other services
Environmental programs including trails, parks and recreation, open space, floodplain
management, conservation districts and agricultural preservation
Preservation and reclamation of surface and subsurface waters and water supplies
Tax deductions, including homestead exclusions
Projects to increase the availability of safe and affordable housing to residents
Records Management, geographic information systems and information technology
Delivery of Social Services/Judicial Services
Deposit into a county or municipality’s capital reserve fund if the funds are use solely for an
authorized purpose
Career and technical centers for training of workers in the oil and gas industry
Local and regional planning initiatives under the PA Municipalities Planning Code
Uniformity with Local Ordinances
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§ 3304 - “All local ordinances regulating oil and gas operations shall allow
for the reasonable development of oil and gas resources”
• Well and pipeline assessment, including seismic operations (must meet Federal &
State rules of storage and use of explosives)
• No limits greater than other industrial uses in municipality, including setback distances
• No limits for height, screening, fencing, lighting, noise greater than for other
industrial uses or development in zoning district
• No limits on hours of operation of: compressor stations, processing plants, well drilling,
assembly/disassembly of drilling rigs
• No limits or conditions on subterranean operations
Act 13 Zoning Requirements
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Land Use and Distance Restrictions
USE
Gas Well
Impoundment
Compressor Station
Processing Plant
DISTRICTS
DESIGNATION
DISTANCE TO STRUCTURES
ALL
PERMITTED BY RIGHT
500’ from an existing building
ALL
PERMITTED BY RIGHT
300’ from an existing building
AGRICULTURAL &
INDUSTRIAL
PERMITTED BY RIGHT
750’ to nearest building
200’ from nearest lot line
Not to exceed 60 dBA at lot line
ALL OTHER DISTRICTS
CONDITIONAL USE
INDUSTRIAL
PERMITTED BY RIGHT
AGRICULTURE
CONDITIONAL USE
750’ to nearest building
200’ from nearest lot line
Not to exceed 60 dBA at lot line
Existing Water
Well/Surface Intake
No Gas Well within 1,000’
Wetlands (+ 1 acre)
No Gas Well with 300’ and 100’setback
at the edge of disturbed area
“Blue Lined” Stream
300’ from bore hole and 100’ from the
edge of the well
Act 13 Challenge
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Seven Municipalities (SW & SE) and several other
parties filed a Review Petition to Commonwealth
Court regarding Constitutionality of Act 13
(March 29, 2012)
 Act 13 requires modification of zoning laws and
prevents municipalities from enforcement at the
local level and takes away police power
 Court ruled that the § 3304 is Unconstitutional
and is now being appealed by Gov. Corbett and
the Natural Gas Industry
Post Act 13 Planning…
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County and Local Comprehensive Plan
Revisions
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Act 13 Funding - BCPC Request to the County
Commissioners to:
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Revise “2004 Bradford County Comprehensive
Plan”: Focus on component updates Housing,
Transportation, Land Use and Environment”
(Lycoming County Example)
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Reinstitute the “Community Planner Position” to
assist local municipalities with the formation of
local Planning Commissions, SALDO and Zoning
Ordinance Updates
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Develop Models for Municipal
Consideration consistent with Local and
County Planning Initiatives
Post Act 13 Planning…
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Revisions to the County SALDO
 “In-House”
Update currently underway to address:
 Improvements
to RV Park Development standards,
differentiating “Minor” vs. “Major”
 Comprehensive Stormwater Management Update
(Consistent with DEP Best Management Practices)
 Provisions for improved lighting, landscaping and open
space standards
 Provisions for Traffic Impact Study on both residential and
commercial development
Post Act 13 Planning…
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Municipal Zoning Revisions and Updates
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Update and develop new local ordinances that define and provide
general provisions for ancillary natural gas uses:
 Example: Water Withdrawal
Water Withdrawal Example
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WATER WITHDRAWAL AND DISTRIBUTION FACILITY: A facility immediately adjacent to a
river, tributary, or stream that typically contains a submerged suction line, pumps, water
main, multiple hydrants, truck loading and staging area, and water storage tanks, storing
water on a temporary basis that is intended to be transferred by vehicle to a natural gas
well pad for the purpose of hydraulic fracturing.
A.
B.
C.
D.
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F.
G.
H.
I.
Minimum Lot Size
Hours of Operation
Provisions for Staging and Adequate Circulation
Maximum Number of Fill Hydrants
Lighting Plan
Screening / Buffer along adjacent properties
Require proof of SRBC Permitting
Erosion/Sedimentation Control & Floodplain Permitting
PENNDOT or Local Highway Access Permitting
Q&A
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Ray Stolinas, AICP, Bradford County Planning Director
Bradford County
Office of Community Planning & Grants
Bradford County Planning Commission
29 VanKuren Drive, Suite 1
North Towanda Annex No. 1
Towanda, PA 18848
(570) 268-4103 [Phone]
[email protected]