Agenda - Planning Commission - 11/12/2015

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Zoning Bulletin October 25, 2015 I Volume 9 I Issue 20 PENNSYLVANIA (09/14/15)—This case addressed the issue of whether a proposed conditional use of a natural gas well met the threshold require- ments for a conditional use permit in a township's zoning ordinance. The Background/Facts: Inflection Energy, LLC ("Inflection") sought to construct and operate a natural gas well on land it leased from Donald and Eleanor Shaheen (the "Shaheen"). The Shaheens' property (the "Property") was located on land in a Residential Agriculture zoning district (the "RA District") in Fairfield Township (the "Township"). The Township's zoning ordinance did not specifically authorize natural gas wells, so Inflection ap- plied to the Township for a conditional use permit ("CUP") under the zoning ordinance's "savings clause." That savings clause authorized the Township's Board of Supervisors (the "Board") to grant a CUP where a proposed use was not specifically authorized anywhere in the Township, provided that the applicant showed that the proposed use was consistent with: the uses that were permitted in the zoning district; and with the public health and safety. Brian and Dawn Gorsline and Paul and Michele Batowski and other neighbors (collectively, the "Neighbors") opposed Inflection's CUP application. They expressed concerns about: well water contamination; truck traffic; noise; light pollution from nighttime operations; the possible criminal record of employees at the site; and the effect of the natural gas well on their property values. The natural gas well operation was to include a level pad, a well head, a water impoundment for 2 million gallons of water, and sediment and erosion controls. The well pad was to be located on the Shaheens' 59 -acre Property and within 1,000 feet of one home and 3,000 feet of a residential development. During the 90 -day construction period, an average of 35 trucks would visit the Property per day, with more trucks required for graveling the road. A total of 120 trucks would enter the Property during the drilling phase and 225 during the completion phase. Once each well became operational, it was to be unmanned, with one pick-up truck per day visiting the well. However, if water could not be provided to the Property by pipeline, thousands of water trucks would need to visit the Property for fracking operations. In evaluating the CUP application, the Board focused on whether Inflec- tion satisfied the standards for a CUP under the zoning ordinance. In general, the zoning ordinance required conditional uses not to: adversely affect the neighborhood; create an undue nuisance or serious hazard; adversely impact the area economically; or create excessive noise, glare or odor. Further, the zoning ordinance required that conditional uses must satisfy standards for traffic, parking, and waste disposal. Under the savings clause of the zoning ordinances, all conditional uses had to be "similar to and compatible with other uses permitted in the [RA] zone . . . ." The Board concluded that Inflection met its burden on each of those factors. That conclusion created a presumption that Inflection's proposed use was consistent with the general welfare and safety of the public. The Neighbors disagreed and expressed their concerns, however, the Board found that their concerns were based on speculation, and that the © 2015 Thomson Reuters 3