MAHANOY CITY - Mahanoy Township may need to amend its zoning ordinance to have permitted use and special exceptions for oil and natural gas exploration, drilling and extraction to conform with new state legislation.
The subject was discussed at Thursday's meeting of the Mahanoy Township Board of Supervisors by township solicitor Eric Lieberman.
"The township adopted a Marcellus shale drilling ordinance a while ago in case there would be any oil and gas drilling in the area," Lieberman said. "Well, along comes the state Legislature and they adopt something called Act 13, which basically is an all-comprehensive act that deals with the oil and gas industry and how things are going to be handled from a regulation standpoint."
The Pennsylvania General Assembly passed Act 13 that revises the Oil and Gas Act of 1984, and was signed into law in February by Gov. Tom Corbett. The act sets fees for wells, determines how those fees will be distributed and makes other revisions on an environmental level. Lieberman said it also puts limits on local governments in restricting oil and gas drilling.
"The concern for the township is that you can't have anything in a local zoning ordinance, or any local ordinance, that makes oil and gas drilling harder or more difficult than Act 13," Lieberman said. "They (commonwealth) are trying to encourage and promote oil and gas drilling with certain safeguards that the state Legislature came up with."
In May 2011, the township supervisors formally adopted Ordinance 2011-1 to amend the zoning ordinance of Dec. 27, 2007, to create a new permitted use and a use by a special exception for oil and gas exploration, drilling and extraction.
"The purpose of this ordinance is to provide for the health, safety and welfare of the residents of Mahanoy Township through zoning and flood plain management provisions for the reasonable development of land for oil and gas explorations, drilling, extraction and storage, while providing adequate health, safety and general welfare protections of the township residents ... Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative and that minimizes the potential impact on the residents of the township," states the ordinance.
According to Lieberman, the 18-page township ordinance goes beyond what restrictions are in the state act.
"Pete Corse, who is the township's zoning solicitor, and I had a meeting about the matter," Lieberman said. "We have a deadline of Aug. 13 where the municipalities are asked to review and update any ordinances to make sure they comply with Act 13.
"Attorney Corse and I had a good meeting and we talked about the potential of amending our zoning ordinance. Looking at that ordinance, we know there are some provisions that make it harder for the oil and gas industry."
Lieberman said the township can submit its current zoning ordinance to the state Public Utility Commission for its review and suggestions about what is right and wrong in it.
"We thought what we could do potentially is amend it on our own and then submit it to the PUC to make sure it complies," he said. "It's a work in progress."
Lieberman said that Act 13 is being challenged on the basis of constitutionality in that it is getting into areas where the Pennsylvania Supreme Court has already made a decision in 2009.
"That's why we decided to amend our ordinance. The 2009 decision said that you can, in a reasonable way, regulate oil and gas through zoning," Lieberman said. "Just wanted to make you aware of it and that it's something that we're trying to stay on top of."
