Limited access: Peters' Marcellus ordinance doesn't satisfy opponents
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Peters council may have given the go-ahead to companies seeking to drill into the Marcellus Shale formation with a new gas well ordinance, but the issue is far from resolved for opponents.
After months of debate, council Monday voted 5-0 for a new ordinance that limits Marcellus Shale gas drill sites -- and any other mineral extraction activities -- as a conditional use in a specially designed overlay district.
Drilling would be limited to parcels of at least 40 acres along main roads, and companies would be required to test water and soil before drilling and after hydraulic fracturing.
Fourteen such sites are available in the township, including Rolling Hills Country Club, Queen of Heaven Cemetery and Forrest Lawn Gardens, along with several privately owned farms. Connected properties owned by the same person could be rezoned to be included in the overlay district if they meet other criteria.
Although hundreds of residents urged a total drilling ban, council members said they would rather enact a limited ordinance than see a ban overturned by a court challenge. Such a scenario could leave the mostly residential township with no protections.
"I believe this ordinance is about as strong as you can get," while staying within the limits of state and federal laws governing gas well drilling, township Manager Michael Silvestri said.
The new ordinance may still be challenged by drilling companies, which have been less than enthusiastic about water and soil testing requirements. They say issues involving water and soil fall under provisions in the Oil & Gas Act and cannot be legislated by local governments.
But even if a legal challenge is mounted, township Solicitor William Johnson said he believes only portions of the ordinance could potentially be struck down by courts, leaving the basic protections in place.
Council members who voted for the ordinance agreed, saying the ordinance would allow for some local control of the industry.
"Without it, we are allowing Harrisburg, under the authority of the [Oil & Gas Act], to completely control gas extraction in Peters," Councilman Robert Lewis said.
Voting for the ordinance were Mr. Lewis, Monica Merrell, David Ball, Frank Arcuri and Robert Atkison. Members James Berquist and Gary Stiegel Jr. were absent.
Peters representatives were not alone in their concern about enacting a total ban.
Also on Monday, Pittsburgh Mayor Luke Ravenstahl announced he would not sign a Pittsburgh City Council measure seeking a referendum banning natural gas drilling, citing business and legal concerns.
At the same time, municipalities in West Virginia have been reconsidering drilling bans after unexpected opposition from the industry. Businesses there have threatened to leave towns, and drilling companies have withdrawn sizable donations to local schools and community groups.
Such pressure tactics mean little, though, to members of the Peters Township Marcellus Shale Awareness group, who say they plan to continue their fight to ban hydraulic fracturing despite council's vote.
"We are not against drilling," group member Jet Miskis said. "We're against drilling coming into a single family residential community."
On Monday, members of the group submitted a petition to the Washington County Elections office with 2,422 signatures, asking for a voter referendum on hydraulic fracturing and related drilling activities.
County elections Director Larry Spahr said county Solicitor J. Lynn DeHaven would have to review the petition, which could be placed on the Nov. 8 general election ballot.
To place a referendum question on the ballot, the group had to secure signatures totaling 10 percent of the number of people who voted in the last gubernatorial election. Mr. Spahr determined that would have to be about 900 signatures.
The election office will determine the wording for the referendum, though the main point is to establish a bill of rights for Peters residents that prohibits the extraction of natural gas.
Ms. Miskis said Peters Township Marcellus Shale Awareness plans to fight for the referendum through the court system and that the group expects to receive ballot challenges from drillers and perhaps even the township.
A phone poll of 1,000 residents indicated that residents favor a ban by a 2 to 1 ratio, she said.
Documentary filmmaker Grant Carroll was one of hundreds of residents who opposed the ordinance and urged council to stand along Pittsburgh, Philadelphia, Wilkinsburg and other municipalities that have banned drilling.
"I'm upset," he said after the vote. "We're probably going to put our house on the market."
Janice Crompton: jcrompton@post-gazette.com or 412-851-1867.
Peters council may have given the go-ahead to companies seeking to drill into the Marcellus Shale formation with a new gas well ordinance, but the issue is far from resolved for opponents.
After months of debate, council Monday voted 5-0 for a new ordinance that limits Marcellus Shale gas drilling sites -- and any other mineral extraction activities -- as a conditional use in a specially designed overlay district.
Drilling would be limited to parcels of at least 40 acres along main roads, and companies would be required to test water and soil before drilling and after hydraulic fracturing. Fourteen such sites are available in the township, including Rolling Hills Country Club, Queen of Heaven Cemetery and Forrest Lawn Gardens, along with several privately owned farms. Connected properties owned by the same person could be rezoned to be included in the overlay district if they meet other criteria.
Although hundreds of residents urged a total drilling ban, council members said they would rather enact a limited ordinance than see a ban overturned by a court challenge. Such a scenario could leave the mostly residential township with no protections.
"I believe this ordinance is about as strong as you can get," while staying within the limits of state and federal laws governing gas well drilling, township Manager Michael Silvestri said.
The new ordinance may still be challenged by drilling companies, which have been less than enthusiastic about water and soil testing requirements. They say issues involving water and soil fall under provisions in the Oil & Gas Act and cannot be legislated by local governments.
But even if a legal challenge is mounted, township Solicitor William Johnson said he believes only portions of the ordinance could potentially be struck down by courts, leaving the basic protections in place. Council members who voted for the ordinance agreed, saying it would allow for some local control of the industry.
"Without it, we are allowing Harrisburg, under the authority of the [Oil & Gas Act], to completely control gas extraction in Peters," Councilman Robert Lewis said.
Voting for the ordinance were Mr. Lewis, Monica Merrell, David Ball, Frank Arcuri and Robert Atkison. Members James Berquist and Gary Stiegel Jr. were absent.
Peters representatives were not alone in their concern about enacting a total ban. Also on Monday, Pittsburgh Mayor Luke Ravenstahl announced he would not sign a Pittsburgh City Council measure seeking a referendum banning natural gas drilling, citing business and legal concerns.
At the same time, municipalities in West Virginia have been reconsidering drilling bans after unexpected opposition from the industry. Businesses there have threatened to leave towns, and drilling companies have withdrawn sizable donations to local schools and community groups.
Such pressure tactics mean little, though, to members of the Peters Township Marcellus Shale Awareness group, who say they plan to continue their fight to ban hydraulic fracturing despite council's vote.
"We are not against drilling," group member Jet Miskis said. "We're against drilling coming into a single-family residential community."
On Monday, members of the group submitted a petition to the Washington County Elections office with 2,422 signatures, asking for a voter referendum on hydraulic fracturing and related drilling activities.
County elections Director Larry Spahr said county Solicitor J. Lynn DeHaven would have to review the petition, which could be placed on the Nov. 8 general election ballot.
To place a referendum question on the ballot, the group had to secure signatures totaling 10 percent of the number of people who voted in the last gubernatorial election. Mr. Spahr determined that would have to be about 900 signatures.
The election office will determine the wording for the referendum, though the main point is to establish a bill of rights for Peters residents that prohibits the extraction of natural gas.
Ms. Miskis said Peters Township Marcellus Shale Awareness plans to fight for the referendum through the court system and that the group expects to receive ballot challenges from drillers and perhaps even the township.
A phone poll of 1,000 residents indicated that residents favor a ban by a 2 to 1 ratio, she said.
Documentary filmmaker Grant Carroll was one of hundreds of residents who opposed the ordinance and urged council to stand along Pittsburgh, Philadelphia, Wilkinsburg and other municipalities that have banned drilling. "I'm upset," he said after the vote. "We're probably going to put our house on the market."
First Published August 11, 2011 5:44 am
