Council mulls tougher gas drilling regulations
CONNOQUENESSING — Borough council Tuesday night looked into possibly strengthening its regulations on natural gas drilling.
But council members want to do so without changing its recently amended ordinance.
Council in May unanimously voted to ban natural gas drilling on residential property in the 1.4-square-mile borough.
Under the revised ordinance, drilling companies can only place wells on agricultural zoned lots of at least 10 acres, although horizontal wells can still pass under any zone. Drilling rigs must be 1.5 times their height from any property line, public or private street and building not related to the drilling operations.
But the borough has had some complaints from residents about drilling on the property at the intersection of Route 68 and Constitution Avenue, across from the borough building. The property is referred to as the “Shipley wells.” It has the only three well pads in the borough.
Noise, traffic, dust and property values were among the complaints to council. A handful of residents voiced concerns on the issues Tuesday night.
Councilmen Steve Miller and Mitchel Leech created a list of adjustments they would like to see made to the borough’s natural gas regulations following council’s meeting last month and presented it Tuesday to the borough solicitor.
Items on the list included creating 200-foot setbacks for all parts of a drilling development, excluding access roads, and specifying inspection standards by the borough. For inspections, council wants drillers to pay for the borough engineer to sporadically inspect the drilling site during its operations for noise and other issues. Violations would result in fines.
Resident Linda Schoettker said the state has only one oil and gas inspector for all of Butler County. Council agreed it would be in the best interest of the borough to have inspections of wells paid for by the driller.
Solicitor Chris Reese explained to council it can place regulations on natural gas drilling beyond what is dictated by the state, but warned too strict of regulations could open the borough to legal trouble.
Reese said because the state has approved the industry of natural gas drilling, the borough probably doesn’t have the ability to flat out ban the industry.
“When it comes to zoning, municipalities can shape when it comes to where, when and how,” Reese said. “Typically, they can’t ban a business you don’t want. A good example is you cannot ban an adult bookstore, but you can set parameters to address concerns you may have about the business.”
Miller said he doesn’t think the industrial activity should be in the borough, which has no industrial zones.
“We had to put in provisions for this,” he said. “It shouldn’t fit anywhere in this community. That’s the problem.”
Mayor Harold Rader objected to council’s discussion of increasing regulations.
“This (talk) is strictly from the left,” he said, indicating he believed council is too liberal in its discussions.
Rader said council is trying to prevent him from getting a well on his property.
Council said that isn’t the case, and Rader’s property already is likely to get a well, and the further regulations being discussed are not targeting his land.
“You’re far away from everyone else,” Miller said.
Leech said the regulations are to protect neighbors of properties with wells.
Rader had vetoed the amended ordinance passed by council earlier this year, but his veto was overturned by council.
Rader said after the meeting he has a five-year lease with Rex Energy on 60 acres of his borough property, and has about another 120 acres in Connoquenessing Township. He speculated his farmland may be the only property left in the township that would qualify for well pads.
Council President Lloyd Leslie said the borough has not been approached officially about any additional well pads. Council must approve any permit in the borough under its amended ordinance.
Leech said the tightened regulations are not intended to prevent drilling in the borough.
“I am for fracking,” he said. “It needs to be done. But in a residential community, it needs to be done with care.”
Leslie said while council could add to its regulations, he said he would rather not have to amend the ordinance again and incur more expense.
The council earlier paid $6,000 to have the ordinance changed
Leslie said the borough solicitor will look into whether the proposed regulations can be added as conditional uses during the permitting process or whether some already can be considered as part of borough code.
No action was taken Tuesday on natural gas drilling.
The borough in 2010 signed a five-year deal with Rex Energy to lease the mineral rights on 21 of its acres for about $21,000.
