Local Officials Sign Letter to State Legislature Defending Local Rights
November 14, 2011
Dear members of the Pennsylvania General Assembly:
As elected officials representing constituents across the Commonwealth, we are writing with concerns regarding Marcellus Shale natural gas development. Municipalities all across Pennsylvania are working to enact or have enacted measures designed to protect the environment and health, safety, and welfare of their communities and residents.
Recently, proposals have been made through lawsuits and legislative proposals to eliminate, weaken, or standardize a municipality’s ability to protect its residents. We oppose such measures for several key reasons.
As you are surely aware, Pennsylvania’s Municipalities Planning Code vests municipalities with the authority and responsibility to address matters influencing local environmental protection and preservation, while the State Constitution obliges municipalities to be stewards of public resources. Such considerations are paramount at a time when industrial-scale gas development is expanding across Pennsylvania, and with it impacts on water and air quality, land, and communities. In addition, Pennsylvania Supreme Court rulings have made it clear that the state Oil and Gas Act gives municipalities the right to use our zoning code to restrict the location of gas wells—similar to how we sometimes restrict other types of economic activity through zoning.
Further, the imposition of a “one size fits all” ordinance would undermine a central purpose of local ordinances: to address the particular needs and concerns of municipalities, which vary greatly with regard to natural resources, population location and density, commercial sectors, and other aspects.
We also believe that local decision making is part of a democratic society. We have been elected and appointed to fully represent the interests of our constituents. This includes the right of municipalities to determine what is best for their communities and residents.
Local governments must be able to ensure protections through ordinances that reflect specific concerns. Therefore we oppose any legislation and reject all attempts to take away municipal zoning rights, to weaken or standardize a municipality’s ability to protect itself, or to punish communities that choose to exercise their rights. We request that you stand with us in this cause and work to preserve the powers vested in municipalities to determine what is necessary to protect the best interests of their community and residents.
Thank you for your attention to this issue.
Sincerely,
Deron Gabriel
Commissioner, South Fayette Township (Allegheny Co.)
Natalia Rudiak
Councilwoman, City of Pittsburgh, District 4 (Allegheny Co.)
David Buchewicz
Supervisor, South Park Township (Allegheny Co.)
Douglas Shields
Councilman, City of Pittsburgh, District 5 (Allegheny Co.)
John Maggio
Councilman, Dormont Borough (Allegheny Co.)
Bill Peduto
Councilman, City of Pittsburgh, District 8 (Allegheny Co.)
Robert I. Roberts
Councilman, City of St. Marys (Elk Co.)
Michael Badges-Canning
Councilman, Cherry Valley Borough (Butler Co.)
Rick Stuchal
Supervisor, Mercer Township (Butler Co.)
Jeff Know
Supervisor, Mercer Township (Butler Co.)
Walter Walowen
Supervisor, Mercer Township (Butler Co.)
Patricia Caruso
Commissioner, Scott Township (Allegheny Co.)
Jason Bell
Planning Commissioner, Evans City (Butler Co.)
Walter C. Sackinsky
Supervisor, South Park Township (Allegheny Co.)
Brian Coppola
Supervisor, Robinson Township (Washington Co.)
Karen Feridun
Planning Commissioner, Kutztown Borough (Berks Co.)
Nancy Janyszeski
Supervisor, Nockamixon Township (Bucks Co.)
Lisa-Ladd Kidder
Planning Commissioner, Kutztown Borough (Berks Co.)
Julie Edgar
Planning Commissioner, Topton Borough (Berks Co.)
Melissa Lewicki
Councilwoman, Swarthmore Borough (Delaware Co.)
Ross G. Walker, III
Supervisor, Upper Burrell Township (Westmoreland Co.)
Peter F. Dombroski
Supervisor, Upper Burrell Township (Westmoreland Co.)
Thomas C. Baker
Supervisor, Upper Burrell Township (Westmoreland Co.)
Donald Hoffman
Supervisor, Exeter Township (Luzerne Co.)
John Coolbaugh
Supervisor, Exeter Township (Luzerne Co.)
Benjamin Gadomski
Supervisor, Exeter Township (Luzerne Co.)
James Dowse
Supervisor, Exeter Township (Luzerne Co.)
Richard Overman
Supervisor, Exeter Township (Luzerne Co.)
Elisabeth Knapp
Councilwoman, Swarthmore Borough (Delaware Co.)
Patrick Dowd
Councilman, City of Pittsburgh, District 7 (Allegheny Co.)
Derek Mace
Councilman, Kutztown Borough (Berks Co.)
Malcolm Eidle
Councilman, Kutztown Borough (Berks Co.)
James Schlegel
Councilman, Kutztown Borough (Berks Co.)
Edwin Seyler
Councilman, Kutztown Borough (Berks Co.)
Kevin Snyder
Councilman, Kutztown Borough (Berks Co.)
Leon Weber
Planning Commissioner, Kutztown Borough (Berks Co.)
Richard Brown
Supervisor, Lower Providence Township (Montgomery Co.)
Lisa Malosh
Supervisor-Elect, South Fayette Township (Allegheny Co.)
Todd Miller
Supervisor-Elect, South Fayette Township (Allegheny Co.)
Joe Horowitz
Supervisor-Elect, South Fayette Township (Allegheny Co.)
Bruce Kraus
Councilman, City of Pittsburgh, District 3 (Allegheny Co.)
Harold Berkoben
Councilman, Whitehall Borough (Allegheny Co.)
Diane Hollenbach
Township Manager, Maidencreek Township(Berks Co.)
Nancy Kauffman
Councilwoman, Birdsboro Borough (Berks Co.)
Sal Panto, Jr.
Mayor, City of Easton (Northampton Co.)
Sue Fox
Supervisor, Shrewsbury Township (York Co.)
OFFICIAL
CECIL TOWNSHIP
RESOLUTION NO. _____-2011
RESOLUTION OF THE BOARD OF SUPERVISORS OF CECIL TOWNSHIP,
WASHINGTON COUNTY, STATING OPPOSITION TO PENNSYLVANIA PROPOSED HOUSE BILL NO. 1950
WHEREAS, the Pennsylvania Oil and Gas Act regulates the development of oil and gas in the state of Pennsylvania;
WHEREAS, Pennsylvania’s Municipalities Planning Code (“MPC”) allows municipalities to enact, amend, and repeal zoning ordinances to provide for the orderly development of the economic needs of the municipality and to protect the health, safety, and welfare of its residents;
WHEREAS, the current Pennsylvania Oil and Gas Act does not preempt a municipality’s rights to provide for the zoning of oil and gas activities;
WHEREAS, Cecil Township, with Industry input, has crafted oil and gas related ordinances that serve to strike a balance between the health, safety and welfare of our Township residents with the ability to undertake gas operations within our Township borders;
WHEREAS, proposed Pennsylvania House Bill No. 1950 is an attempt by the Pennsylvania State Legislature to expressly supersede and preempt all local rules, regulations, codes, agreements, resolutions, ordinances and other local enactments that regulate oil and gas operations;
WHEREAS, proposed Pennsylvania House Bill No. 1950, which passed the Finance House Committee on Wednesday, November 2, 2011, serves to deprive municipalities of long-standing zoning powers in favor of statewide control of the location of oil and gas related activities in the Township;
WHEREAS, the Pennsylvania Supreme Court, in recognition of the fact that local municipal officials are in the best position to determine “where” drilling activities should occur in the Township held, “[W]hile effective oil and gas regulation in service of the [Oil and Gas] Act’s goals may require the knowledge and expertise of the appropriate state agency, the MPC’s authorization of local zoning laws is provided in recognition of the unique expertise of municipal governing bodies to designate where different uses should be permitted in a manner that accounts for the community’s development objectives, its character, and the ‘suitabilities and special nature of particular parts of the community’”;
WHEREAS, the Commonwealth of Pennsylvania has not performed any studies about the potential chronic and long-term health effects associated with living near drilling sites, frac ponds, compressor stations or processing plants;
WHEREAS, the Commonwealth of Pennsylvania has not performed any studies about the potential for industry activity to impact the value of homes, issues with securing mortgages, or potential future development of the Township, all of which may affect the health, safety and welfare of the public including the Township’s growth and tax base;
WHEREAS, the Pennsylvania State Legislature stated its intended purpose is to create uniformity for the drilling industry;
WHEREAS, the Pennsylvania State Legislature fails to account for differences in each municipality including topography, population, and reliance on well water as a primary water source;
WHEREAS, the Pennsylvania State Legislature fails to take into consideration that “uniformity of rules” is not the equivalent of “uniformity of location,” “where” drilling activities take place, as each municipality has different industrial, commercial, and residential population centers, development and comprehensive plans that can and will be thwarted by the state denying municipalities long-standing zoning powers that allows the Township to foster the Community’s development objectives.
WHEREAS, the Pennsylvania State Legislature failed to look to the municipalities where drilling is occurring for input and has ignored the lessons learned from other states with prior shale drilling activities, such as Texas which allows for and has certain local municipal oversight of oil and gas drilling activities in their communities that have not been detrimental to the oil and gas industry’s ongoing operations.
NOW THEREFORE, BE IT RESOLVED, that the Cecil Township Board of Supervisors does hereby officially express its complete and unfettered opposition to Pennsylvania H.B. 1950 that serves to circumvent current Pennsylvania law and long-standing zoning powers set forth by the Pennsylvania Municipalities Planning Code.
IT IS FURTHER RESOLVED, that Cecil Township joins in a letter of opposition to Pennsylvania House Bill 1950 as part of the Marcellus Municipal Cooperative made up of eighteen (18) local municipalities.
SECTION 1. Effective Date. This policy shall become effective immediately.
DULY RESOLVED THIS 8th_DAY OF _November_, 2011, by the Board of Supervisors of Cecil Township, Washington County, Pennsylvania in lawful session duly assembled.
ATTEST: TOWNSHIP OF CECIL
_________________________ By: ____________________________
Donald A. Gennuso, Michael T. Debbis
Township Manager Chairman, Board of Supervisors
TOWNSHIP OF UPPER BURRELL
WESTMORELAND COUNTY
PENNSYLVANIA
RESOLUTION NO. 5 OF 2011
Opposition to State Intervention with Local Zoning Regulations
A RESOLUTION of the Township of Upper Burrell, County of Westmoreland, the
Commonwealth of Pennsylvania, in opposition to State Intervention with Local Zoning Regulation.
Whereas, Upper Burrell Township recognizes that the regulation of oil and gas wells is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania; and
Whereas, Upper Burrell Township maintains its Zoning Power as set forth in 53P.S 10101 et.
Seq., as amended, the Pennsylvania Municipalities Planning Code and through the Upper Burrell
Township Zoning Ordinance; and
Whereas, the Township of Upper Burrell enacted a Zoning Ordinance on August 3, 2011, as amended; and
Whereas, similar efforts to strengthen local protections have been enacted or are being initiated across Pennsylvania; and
Whereas, HB 1950 (Session of 2011) and SB 1100 (Session of 2011 would, if adopted, would take away powers specifically given to municipalities to regulate zoning on a local level and force municipalities to adopt a standardized zoning authority as determined by the Commonwealth ; and
Resolved, that the Township of Upper Burrell, County of Westmoreland, opposes any measure, initiative, or plan that mandates the elimination of determining the right to use our zoning code as defined by the local municipalities and be forced to adopt a statewide regulation; and be it further
Resolved, that the General Assembly be urged to oppose HB 1950 and any similar kind of legislation that has been, or may be introduced in the future to weaken or standardize a municipality’s ability to regulate local zoning and instead should preserve the existing powers given to municipalities through the Municipalities Planning Code.
RESOLVED and Adopted this __7th____ day of _ November___, 2011, at a duly assembled public meeting of the Board of Supervisors of Upper Burrell Township.
ATTEST
Amy Rockwell, Manager/Secretary Ross G. Walker, III
UPPER BURRELL TOWNSHIP
Thomas C. Baker
Peter F. Dombroski, Jr
