Agenda - Planning Commission - 08/02/2012

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June 25, 2012 1 Volume 6 1 No. 12 Zoning Bulletin essary to drilling or pumping operations." In addition to permit- ting that principal use, the Zoning Ordinance permitted uses ac- cessory thereto. An "accessory use" was defined as one "customarily incidental and subordinate to the principal use . . . located on [the] same lot" with the principal use. The ZO asserted that that New Century's compressor station was not equipment "necessary to drilling or pumping operations" and was not incidental to a gas pumping operation. Rather, the ZO and the Township contended that the compressor station was processing gas, and that, pursuant to the Zoning Ordinance, "oil and gas refining, processing, storage and transmission" could only be done in the Township's General Manufacturing District. New Century appealed to the Township's Hearing Board (the "Board "). New Century maintained that without the compressor station, it could not move its gas from the wellhead. Accordingly, it argued the compressor station was equipment necessary to gas production or, alternatively, a permitted accessory use. After a hearing, the Board held that New Century's compres- sor station violated the Zoning Ordinance because, among other things: it was processing gas, an activity that could only take place in the Manufacturing District. The Board ordered New Century to remove the compressor station. - New Century appealed. The trial court affirmed the Board's decision. New Century again appealed. DECISION: Reversed. The Commonwealth Court of Pennsylvania held that the compressor station was equipment necessary to gas production and thus permitted under the Zoning Ordinance. Noting that where there is doubt as to the intended meaning of language in an ordinance, it must be construed in favor of the property owner and against any implied extension of the restric- tion, the court said that: "To the extent a doubt exists that the Zoning Ordinance prohibits the use of a compressor station in the Forest District, [the Zoning Ordinance] must be construed in New Century's favor." The court found that "the evidence [was] uncontroverted that without the compressor station, New Centu- ry's gas at the wellhead [was] useless, except, perhaps, for flaring and roasting marshmallows." New Century had also presented evidence showing that the Pennsylvania Department of Environ- 10 © 2012 Thomson Reuters