Extractive Industry WorkshopMorgantown

Planning CommissionMonday, February 20, 2012

6:00 PMCouncil Chambers

What we areworking towards?

• Providing areas within the City of Morgantown for oil and gas extraction.

• Developing zoning regulations specific to the surface use and development of oil and gas extraction.

• Using zoning to safeguard incompatible uses.

What we are notworking towards?

• Attempting to use zoning for the regulation of subsurface oil and gas extraction.

• Attempting to use zoning for the regulation of operations or environmental impact which is controlled by the West Virginia Department of Environmental Protection.

MorgantownCorporate

Limits

Zoning Districts

Zoning DistrictsR-1A

R- 1

R- 2

R- 3

PRO

O- I

B- 1

B-2

B- 4

B- 5

IND

PUD

Industrial Districts

INDUSTRIAL DISTRICTMon Blvd and Beechurst Ave

INDUSTRIAL DISTRICTDon Knotts Blvd

INDUSTRIAL DISTRICTDecker Ave

INDUSTRIAL DISTRICTPowell Ave and Deckers Creek Blvd

INDUSTRIAL DISTRICTMorgantown Airport

INDUSTRIAL DISTRICTMonongahela River – Rail-Trail

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

625-Buffer from all9,471 Structures (2009)

625-foot Buffer

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

625-foot Buffer from allZoning Districts where

Residential Uses are Permitted

625-foot Buffer

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

625-foot Buffer from all Residential Structures(R-1, R-1A, R-2, R-3)

625-foot Buffer

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

Water Bodies

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

100-foot Buffer

100-foot Buffer from1% Floodplain

(100-year Floodplain)

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

1,000-foot Buffer

MUB Intake

1,000-foot Buffer fromMUB Public Water

Supply Intake

Setback Considerations

Residential Setbacks• Distance from an occupied structure.• Distance from zoning districts where

residential uses are permitted.• Distance from residential zoning districts

(R-1, R-1A, R-2, R-3).

Distance from River/Stream• Distance from Perennial Stream, Lake,

Pond, Reservoir, or Wetland• Distance from 1% Floodplain (100-year)

Distance from intake of public water supply• 1,000 feet from MUB intake• 1,000 feet along river south of lock and

dam.

Morgantown Lock and Dam(river mile 102.0)

Approximately 3,800 feet fromMUB Public Water Supply Intake

1,000-foot Buffer (State)

1,000-foot Upstream Buffer

Zoning District Considerations“Gas and Oil Extraction” Uses

Permitted By-Right• I-1, Industrial District.

Permitted by Conditional Use• OI, Office and Institutional District.• B-5, Shopping Center District.

WVU Farms – Zoning Map Amendment• Reclassifying WVU Farms’ R-3 District and

B-5 District to OI District

Protected Area - "R" Districts

Protected Area - Floodplain

Protected Area - MUB Intake

Text Amendments

Amend Article 1329.02 “Definitions”• “EXTRACTION, MINERAL”

• Re-order words for use type.• “EXTRACTION, GAS AND OIL “

• Provided the following definition:Any structure, facility, or activity which is constructed on or disturbs land in association with oil or gas drilling, production, or waste treatment and disposal, including but not necessarily limited to roads for ingress and egress, and pipelines.

Amend Table 1331.05.01 • Add “Gas and Oil Extraction”

• Principle Use in Industrial• Conditional Use in B-5 and O-I

Development Regulations

• Site Perimeter Exterior Screening • All well sites shall be screened, fenced and

secured with a gates:• All well sites are to be constructed to minimize

disturbance and maintain as much "natural" screening as possible.

• A wall shall be of a design compatible with the facilities, buildings and structures on and adjacent to the site

• Site Perimeter Exterior Landscaping• A twenty five-foot wide buffer around the site

perimeter shall be…concentric rows of evergreen hedges

• A ten-foot wide tree setback buffer area that contains at least one (2") caliper trees for every twenty (20) feet of site perimeter

• Earthen Pit and Water Retention Screening • Pits and water retention areas shall be securely

enclosed in six-foot tall black vinyl-coated chain link fence around

Site Development Standards

Development Regulations

• Internal setbacks • (25) feet from any outer boundary line • (25) feet from any storage tank, or source of

ignition• (75) feet of any public street, road, highway or

future street, right-of-way or property line• (100) feet of any building accessory to, but

not necessary to the operation of the well • (200) feet to any fresh water well

Site Development Standards

Development Regulations

• Signage• A sign shall be immediately and prominently

displayed at the perimeter gate• Well name and number; • Name of Operator; • The emergency 911 number; and • Telephone numbers of two (2) persons

responsible for the well who may be contacted in case of emergency.

• Permanent weatherproof signs reading DANGER NO SMOKING OR OPEN FLAME ALLOWED

• Security• The Operator must keep a watchman or

security personnel on site at all times• At all times, the operation site or compressor

station shall have a minimum of one security camera

Site Development Standards

Development Regulations

• Light Control • The site Operator shall not permit any lights

or any other illuminated object located on any drill site to be directed, screened, or enclosed in such a manner so that the luminosity shines directly on public roads, adjacent property or property in the general vicinity of the work site.

• The location of existing and proposed sources of light shall be shown on the site plan with a photometric plan.

• Exhaust Control• Exhaust from any internal combustion engine

or compressor used in connection with any Development operation shall not be discharged into the open air unless it is equipped with an exhaust muffler, or an exhaust box.

Site Development Standards

Development Regulations

• Hours of Operation • Drilling and flowback operations may take

place on a 24-hour basis. Site preparation, well servicing, truck deliveries of equipment and materials, and other related work conducted on the drill site shall be limited to between the hours of 7 A.M .to 6 P.M.

• Noise Control• The Site Plan submission shall detail how

the equipment used in connection with the Development or Facility complies with the maximum permissible noise levels as defined by the applicable codes.

• If public complaints regarding noise are received by the City, the Facility Operator shall, within twenty-four (24) hours monitor the noise levels for a forty-eight (48) hour period and provide a written report to outline what measures will be taken to address the nuisance matter.

Site Development Standards

Development Regulations

• Cleanup and Maintenance• After the well has been completed abandoned, the

Operator shall clean the drill site, complete restoration activities and repair all property damage caused by such operations within thirty days

• The property on which a drill site is located shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material

• Site Restoration / Remediation • Whenever abandonment occurs, the Operator shall

be responsible for the restoration of the drill site to its original condition as nearly as practicable, removal of…

• The derrick and all appurtenant equipment • All tanks, towers, and other surface installations • All concrete foundations, piping, wood, guy

anchors and other foreign materials regardless • All holes and depressions shall be filled • All waste, refuse or waste materials

Site Development Standards

Additional Considerations

Consideration of allowing Gas and Oil Extraction in annexed areas, regardless of zoning classification designation, for a period of 5 or 10 years after annexation.

Annexation

Industrial District WaiverConsideration of allowing an operator with a site in an Industrial District but covered by the “R” District Protection Area to seek a waiver if the operator obtains written consent of 70% of surface property owners within a certain distance (i.e., 315 feet, 625 feet, etc.).

Discussion

Thank you.