South Fayette oil and gas ordinance ruled invalid
The Allegheny County Court of Common Pleas has ruled that South Fayette’s revised oil and gas ordinance is invalid because the township failed to comply with mandatory procedural requirements of the Municipalities Planning Code, according to court documents.
In his ruling, Judge Joseph M. James said the township initiated the amendment process in April 2015 by sending proposed changes to the township planning commission for review and recommendation. A public hearing was held in May 2015 by the planning commission, which, in turn recommended the township commissioners not adopt the proposed ordinance because it was “exclusionary,” and wanted officials to reevaluate the exclusionary nature of the ordinance, court documents said.
A hearing was held by the township in July, where modifications made to the ordinance were presented. The township approved the revised ordinance with the modifications that were presented by its solicitor. This action prompted Cuddy Partners L.P. and Alpine Partners II L.P., to appeal. South Fayette-based Cuddy Partners has a lease agreement for a well pad, as well as production equipment, access road and pipeline on 400 acres bordered by Millers Run and Cecil Sturgeon roads. Its lease agreement is with Range Resources.
“The board should have re-advertised the proposed zoning amendment and held another public hearing prior to adopting it,” James wrote in his April 27 decision.
“The board is required to submit a copy of the proposed amendment to the planning commission and the Allegheny County Economic Development (ACED) for review and recommendation at least 30 days before the public hearing.” The appellants claim the township made substantial revisions to the proposed zoning ordinance and therefore the township was required to re-advertise and hold another public hearing.”
The major revisions included changing the minimum required setbacks from residential structures located within the I and I-P zoning districts applicable to well sites from 2,500 feet to 1,000 feet. Also, changes were the standard for use of internal combustion engines for compressor stations, documents said.
South Fayette’s solicitor did not respond to requests for comment on the court’s ruling.