South Fayette working on revisions to drilling ordinance

Wants regulation to comply with Supreme Court ruling

Revisions to the current South Fayette oil and gas well ordinance are underway.

Solicitor Jon Kamin cited a Pennsylvania Supreme Court ruling as the reason for the updates.

“The state Supreme Court stated that drilling is an industrial use. We agree with that characterization,” Mr. Kamin said.

“In terms of classifying the use, drilling should only be permitted in industrial areas.”

If the revised ordinance is accepted, it means drilling development, compressor stations and processing plants would be permitted in only industrial areas. Currently, the ordinance permits drilling development on land zoned commercial, business, industrial or planned economic development.

Mr. Kamin distributed the revised ordinance draft April 15 to commissioners. The board voted 4-1 to forward it to the planning commission.

Commissioner Jessica Cardillo-Wagenhoffer was opposed.

She defended landowners, calling the proposed changes unfair.

“This is taking away the rights of property owners to explore the minerals they own because of how they are zoned,” she said.

Commissioner Raymond Pitetti wants to find balance between the rights of property owners and the health and safety of residents.

“I have yet to find a credible long-term study that clearly proves there are no long-term negative health impacts,” said Commissioner Lisa Malosh.

She said the current ordinance was adopted prior to any Act 13 legislation and wants to bring it into compliance.

Commissioner Joseph Horowitz shared a similar sentiment. “It is our duty to bring it into compliance with the state Supreme Court’s ruling,” he said.

Commissioner Deron Gabriel wants to restrict drilling to industrial areas.

“The [Supreme Court] case holds that industrial activity is not to occur in residential areas, as that would be incompatible with our requirement to protect the health, safety and welfare of our residents,” he said.

Every commissioner made similar statements about protecting the well-being of residents.

John Kosky, a South Fayette resident, former zoning hearing board chairman and head of Cuddy Partners LP, said, “I have been consistently attending commissioner meetings since September 2012. At no time were there discussions about revisions. I was completely blindsided.”

He noted there was no line item on the agenda either.

“So much for government transparency,” he said. Historically, Cuddy Partners has had lease agreements in place with natural gas drillers.

“There was no requirement that item be specifically noted on the agenda,” said Mr. Kamin. “This process will take months to happen.”

He said the planning commission will review the ordinance and make changes.

Although not required to do so, the planners will have a public hearing, Mr. Kamin said.

Another hearing will take place at a commissioners’ meeting before they vote on the ordinance, he said, adding that he anticipates there will be changes as part of the process.

“I am looking forward to hearing the public comments,” said Mr. Horowitz, who favors drilling in nonresidential locations.

“I have yet to find a credible long-term study that clearly proves there are no long-term negative health impacts”

Commissioner Lisa Malosh