Type of Protective Zoning: Odor, Exhaust, and Vibration Limitations
This is a type of protective language that is sometimes referred to as “nuisance”.
Why You Want It
Similar to extreme noise, excessive odors released by fracking activity can constitute a nuisance that the township has the right to limit or restrict. Particles in the air from exhaust can also cause chronic illnesses and can be limited by your local ordinances. Local ordinances can also create limits to vibrations that might occur as a result of construction.
Places with that type of language
“An odor control plan shall be provided to eliminate odors if perceptible on nearby occupied properties during the drilling and fracturing process. Upon complaint by the occupants of a nearby property of odors generated at the well site, the operator will meet with the Township and the complainant to establish a feasible and effective way of controlling any such odors. The operator will reimburse the Township for the cost of consultants or other investigation needed to address odor complaints. For the purposes of this section, "nearby properties" shall be properties located within 500 feet of the well site. The odor restrictions of § 27-508C(4) shall be met.”
“Dust, vibration, odors. – All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe.”
“The Operator shall take all precautions to minimize odors perceptible on nearby property during the drilling and the hydraulic fracturing process. Upon complaint by any person residing or working upon nearby property regarding odors generated from the wellsite, the operator will meet with the Township and complainant to establish an effective odor control plan. The operator will reimburse the Township for the cost of consultants or other investigation that may be needed to determine the nature and origin of odors generated from the wellsite. For purposes of this Section, “nearby properties” are properties within 500 feet of the wellsite.”
“The Applicant shall comply with Section 165-64 of the Borough Code, "Vibrations." All machinery with moving components shall be securely fixed to a concrete base. Operator shall take necessary safeguards to ensure appropriate dust control measures are in place.”
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 (i) an exhaust muffler or (ii) 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.
Odor: The operator will reimburse the municipality for the cost of consultants or other investigation needed to address odor complaints. For the purposes of this section, “nearby properties” shall be properties located within two thousand feet (2000’) of the development or facility.
Vibration: As part of its conditional use application, the operator shall submit a vibration study and analysis conducted and prepared by an independent consultant with expertise in vibration analysis, management and mitigation and a vibration management and mitigation plan, acceptable to the municipality. At a minimum, the vibration management and mitigation plan shall demonstrate that properties contiguous to the property on which the development or facility is located shall not be subject to disruptive vibrations during any phase of the development or facility lifecycle, including, but not limited to, construction, drilling, fracking, completion, operation and reclamation, as applicable.
Click here to learn more about different types of nuisances.