SOUTH FAYETTE TOWNSHIP PLANNING COMMISSION

SPECIAL MEETING – November 18, 2009

1.) CALL to ORDER

Chris Niemann, Planning Commission Chairman, called the meeting to order at 7:02 P.M.

2.) ROLL CALL:

• PRESENT: NIEMANN, HOFFMAN, BOEHMER and RAMAGE
• ABSENT: IAGNEMMA
• ALSO PRESENT: Township Engineer, J. David Gardner
Township Solicitor, Jonathan Arminas

3.) APPROVAL OF MINUTES:

Mr. Gardner recommended that this be tabled until the regularly scheduled meeting of December 3, 2009, given that not all of the regular attendees are present and that this is a Special Meeting. All attendees concurred with Mr. Gardner recommendation.

4.) OLD/UNFINISHED BUSINESS:
NONE

5.) NEW BUSINESS:

A. Review and discuss proposed “draft” ordinance for Gas Well Facilities.

Mr. Niemann stated that this is a special meeting to review and discuss the issues surrounding the proposed gas well ordinance. As such, no other topics and/or applications will be reviewed by the Planning Commission (P.C.) during this meeting.

Mr. Gardner presented a summary overview of gas well drilling operations and the impact the acquisition of the Marcellus Shale might have on not only South Fayette Township but also the Commonwealth. Then Mr. Gardner presented an overview of the present status of the well drilling operations for Marcellus Shale throughout the state.

Various discussions were held between the P.C. and members in attendance who are presently employed by local gas well drilling contractors. The contractors complemented the township for attempting to create a model ordnance, but strongly urged the township to review the existing Pennsylvania Oil and Gas Well Act so that the proposed language of the subject ordinance does not conflict with the Gas Act.

Mr. Gardner presented a summary report of what other counties and/or municipalities have been working on and/or adopted with respect to this matter. He further highlighted the work completed by the Lycoming County Planning Commission, specifically the formation of a Gas Well Task Force (GWTF) earlier this year. Mr. Gardner also reviewed/presented the various discussions he had with the Lycoming County Planning Director (Kurt Hausammann) and the different success stories the GWTF have experienced with respect to roadway repairs, environmental matters and general positive relationships with the gas well contractors. In particular, Mr. Gardner highlighted the “Excess Maintenance Agreement”, the GWTF as used in an effort to assure that the gas well contractors adequately and fully repair any roadway damage caused by their operations.

Mr. Arminas spent time reviewing the “Legal Opinion”, dated November 11, 2009, compiled by the township’s solicitor’s office. Mr. Arminas reviewed for all the different court cases that have been held that have and/or will impact the rights and responsibilities of municipalities with respect to this matter. Mr. Arminas stressed that the PA Oil and Gas Act preempts all regulations related to the operation of oil and gas wells. As such, he continued, the township cannot impose more strenuous requirements, etc. on oil and gas well operations than are regulated by the Act. Lastly, Mr. Arminas provided a brief outline of areas the township could possibly regulate or impose conditions/limitations on the operations. Representatives from the gas well contractors discussed with the P.C. their desire to work with municipalities on ALL facets of this work, and stated it is their wish that whatever ordinance is drafted and approved by the township is one of common sense measures so that ultimately their companies are not forced to contest the subject ordinance in court.

Mr. Gardner provided a brief overview of the draft ordinance and stated that was compiled in this format to mainly demonstrate to the P.C. and all other interested parties how such an ordinance would have to be written and categorized in order to be incorporated into the existing Township Code book. Discussions were held with respect to which zoning districts this type of work should be permitted. In general, the discussions indicated that gas well drilling could most likely take place in any zoning district; however, the operations with respect to processing (i.e. compressor stations) should be limited to industrial zones.

6.) OPEN DISCUSSIONS
NONE

7.) ADJOURNMENT

At 9:23 P.M., it was moved by Hoffman and seconded by Ramage with all members present voting AYE to adjourn this meeting.

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Michael W. Hoy, Township Secretary Chris Niemann, President

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