Gas zoning amendment is proposed
MIDDLESEX TWP — An amendment to the township’s zoning ordinance that would allow shale gas activities in certain zoning districts was proposed at Wednesday night’s supervisors meeting.
Township manager Scot Fodi said a public hearing will be held on the amendment before the Aug. 13 supervisors meeting.
A group of residents and parents have complained to the supervisors for four months that six Marcellus shale gas wells proposed for the Geyer farm on Denny Road should be denied because they will be close to the Mars School District’s schools, and because they constitute an industrial use in an agricultural zone.
The ordinance amendment proposed Wednesday night would permit oil and gas wells in rural residential, agricultural, residential agricultural and restricted industrial zoning districts.
Such wells would be permitted as a conditional use in the town center, highway commercial agricultural and regional commercial districts.
Natural gas compressor stations would be permitted in the restricted industrial zone, and as a conditional use in the rural residential, agricultural and regional commercial zones.
Natural gas processing plants would be permitted as a conditional use in the regional commercial and restricted industrial zones.
The proposed amendment also places requirements on gas well developers. If passed by the supervisors, drillers must, among other requirements:
Provide erosion and sediment plans, and post-construction stormwater management plans
Provide a copy of the preparedness, prevention and contingency plan
Orient first responders to the site before drilling
Conduct preparation and pre-production activities between 7 a.m. and 5 p.m., Mondays through Saturdays
Mitigate lighting, noise, dust and traffic nuisances as much as possible
Provide the names and addresses of all property owners within 1,000 feet of the proposed well
Provide the name and phone number of a company representative who can be reached 24 hours a day
Also, no gas or oil drilling activities would be allowed in the suburban residential, residential, neighborhood commercial, airport district overlay, or planned residential development zoning districts.
Several residents used the two public comment periods at the meeting to give their input regarding the amendment.
Michele Bertini said she didn’t think it was legal to create zoning that gives a certain industry priority over anther industry.
“The oil and gas industries are getting special accommodations,” Bertini said.
She told the supervisors she fears passage of the amendment could make the township vulnerable to legal action because zoning was enacted for a specific industry.
“As a resident here, I’m concerned about getting our township into a legal battle that’s going to cost the taxpayers more money,” Bertini said.
Township solicitor Mike Hnath said the zoning ordinance lists a variety of uses.
Crystal Yost asked how the three existing Marcellus shale gas wells in the township are allowed if the zoning is enacted.
Hnath replied that they are all in agricultural districts, where the supervisors consider gas wells as an accessory use. He said they also were developed before the local zoning rights in Act 13, the state’s gas act, were returned to municipalities.
Hnath said the amendment ensures that drillers and township officials are on the same page.
“So there’s no misunderstanding or room for question,” he said.
Rich Bitzer said the Geyer wells should go in even if the amendment is not passed because three wells already exist in the township.
“That’s past precedent,” Bitzer said.
“I’m all for it,” Bitzer said. “Whether the zoning (amendment) goes through or not, the (Geyer) well is going to go there.”
Janice Kennedy thanked the supervisors for considering action that will hold up the state Department of Environmental Protection’s existing regulations regarding shale gas drilling.
Kennedy also refuted the claim that shale gas drilling is an industrial use. She said after a few months of work on each well, the activity ceases.
“It’s a construction job,” Kennedy said.
The zoning amendment will now go to the township planning commission for comment or recommendation before the Aug. 13 public hearing.
