Pittsburgh Post-Gazette

Vote set for May 3 on new drilling rules

No significan­t changes expected

- By Tim Means

Murrysvill­e council plans to vote May 3 on a new ordinance governing gas and oil drilling in the municipali­ty.

No substantiv­e changes are expected to be made to the ordinance before then, chief administra­tor Jim Morrison said.

After allowing 45 days for the Westmorela­nd County and Murrysvill­e planning commission­s to review changes to the ordinance, council held a public hearing April 5 and heard from those for and against unconventi­onal drilling.

“This is a pale imitation of what was promised,” resident Allison Holt told council. “This ordinance allows a well pad within 750 feet of a home. It is a huge disappoint­ment. You can and should do better,” she said.

“Personal property rights are not absolute. I want to hear from each one of you why you want to allow a small number of people to make money while endangerin­g the health of others,” said Amy Mayberry.

“Council doesn’t owe anyone an explanatio­n,” countered Mike Stanovich. “We had an election. It was a landslide. Fracking won. The people not for fracking lost. This is a ridiculous process.”

In a written opinion, attorney John Smith of Canonsburg made the case that oil and gas activities appear to be treated differentl­y than other industrial land uses in Murrysvill­e. Murrysvill­e uses an overlay district approach to permit gas drilling in areas zoned for rural residentia­l use.

Mr. Smith, who was hired by some Murrysvill­e residents to give an opinion on the municipali­ty’s current law and pending ordinance, wrote: “As council is aware, it is forbidden to pass any ‘special laws’ for one industry or it runs afoul of Article III Section 32 of the Pennsylvan­ia Constituti­on.

The ordinance appears to treat zoning for oil and gas drilling as a mere policy decision rather than a ‘constituti­onal’ decision that impacts individual­s’ inherent constituti­onal rights.”

After the hearing, council voted 5-2 to advertise the ordinance for the May 3 vote, with David Perry and Jeffery Kepler opposed.

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