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November 25, 2014 1 Volume 8 1 Issue 22 Zoning Bulletin Special Exception/Preemption/ Natural Gas—Township denies special exception request for natural gas compressor station Applicant says proposed station is of the same general character as other permitted essential uses and should be permitted Citation: MarkWest Liberty Midstream & Resources, LLC v. Cecil Tp. Zon- ing Hearing Bd., 2014 WL 4783426 (Pa. Comm. Ct. 2014) PENNSYLVANIA (09/26/14)—This case addressed the issues of whether: (1) a zoning board erred or abused its discretion in denying a special exception application; and (2) whether a zoning board erred or abused its discretion by finding that the township's unified development ordinance was not preempted by state law to the extent that the ordinance precluded operations ancillary to oil and natural gas well development. The Background/Facts: MarkWest Liberty Midstream & Resources, LLC ("MarkWest") was a limited liability corporation that owned and operated midstream facilities which transport, compress and process oil,, gas, and other substances extracted from oil and gas wells. In September 2010, MarkWest purchased a 71.5 -acre undeveloped parcel of land (the "Property") in Cecil Township's I-1 Light Industrial District. MarkWest sought to construct and operate a natural gas compressor station roughly in the center 15 acres of the Property (the "Proposed Facility"). In November 2010, MarkWest applied to Cecil Township's Zoning Hear- ing Board (the "Board") for a special exception under § 911.D.1 of the Township's Unified Development Ordinance ("UDO") (Comparable Uses Which Are Not Specifically Listed). Pursuant to § 404.B.1 of the UDO, the Board could approve a special exception for the Proposed .Facility in the Township's I-1 Light Industrial District, if the Proposed Facility: "(1) would have an equal or lesser impact than, and [was] of the same general character as any of the Township's permitted conditional uses (Section 911.C) or uses by right (Section 911.B) [which included `essential services']; (2) [met] the Township's area and bulk requirements; (3) complie[d] with the express stan- dards and criteria specified for the most nearly comparable I-1 Light Industrial District use; and, (4) [was] consistent with the intent set forth in UDO Section 910 for industrial districts." Among other things, MarkWest maintained that it should receive the special exception because although MarkWest was not a governmental entity and was not a public utility, its gas distribution facilities were of the "same general character" as other uses falling within the definition of "essential services," which were permitted uses. MarkWest claimed that its operations were critical to the downstream supply of gas to consumers; and the Compressor Station was necessary for the health, safety, and general welfare of the community. 10 © 2014 Thomson Reuters