Damascus considers “conditional” drilling

Zoning change would require site visits

By FRITZ MAYER

DAMASCUS TOWNSHIP, PA — A zoning change being considered by the Damascus Township Planning Commission would alter the status of gas drilling in most of the town from a special exception use to a conditional use.

If the change were to be implemented, in order for a well pad to be constructed, commission members would be required to visit the site, and would have the option of recommending a limited number of changes to the plan. These changes could not be related to aspects of the drilling operation, but they could be related to the traditional functions of zoning, such as protecting neighborhoods or viewsheds. Therefore, changes might be required in areas, such as setbacks and the placement of roads.

Jeff Dexter, chairman of the Damascus Board of Supervisors, said the language was added to the possible zoning change because of a lawsuit that played out in the courts this summer. In the case in question, the Penneco Oil Company, Inc. and others sued Fayette County for attempting to enforce zoning regulations regarding gas drilling. Fayette County stipulated that gas wells could not be located on an airport runway or closer than 200 feet from a house. It also included some regulations about fencing and said that the zoning hearing board could add conditions to permits to protect the public’s health and safety. The court said, “These provisions do not pertain to technical aspects of well functioning and matters ancillary thereto [such as registration, bonding and well site restoration].” The court said because the zoning primarily related to preserving the character of residential neighborhoods, it could be enforced, and the court ruled against Penneco.

It is not clear, however, if Newfield Appalachia, which is currently drilling test wells in the township, would accept such a change without a court battle. When the township tried to enforce the existing zoning this summer and informed Newfield that it must obtain a special exception permit, the company sued in federal court. (Newfield did not respond to a request for comment.)

A consent order was worked out and signed by the township and Newfield, which would have allowed the company to go forward with virtually no township oversight. This order, however, was contingent on advice given to the supervisors by the planning commission.

Before formally recommending the conditional use option to the supervisors, the commission is sending the language to Carson Helfrich, a planning consultant based in Paupack. If the commission formally recommends the change to the supervisors, the supervisors will then hold a public hearing on the matter.

It is unclear at this time if the suggested change will have any impact on the various lawsuits that are working their way through the courts. Damascus Citizens for Sustainability (DCS) has filed lawsuits against the township and Newfield. The group charged that by signing the consent order, the township was depriving township residents of their civil rights by denying them the opportunity to speak at public hearings on the matter.

In response to the proposed zoning change, Marian Schweighofer, executive director of the Northern Wayne Property Owners Alliance, said she saw no problem with it.