Above Photo: From CreativeResistance.org. Les Stone.
A group of residents is trying to stop Wilmington Township supervisors from amending their fracking ordinance.
The group has hired attorney John M. Smith, the lawyer who won a landmark decision in the Robinson Township case which overturned parts of Act 13, the state’s oil and gas drilling law in 2013.
They are trying to stop the supervisors from weakening the township’s 2014 ordinance governing gas and oil drilling. That ordinance, which is still in effect, is the strictest in Lawrence County and provided restrictions that exceed state Department of Environmental Protection rules.
But several amendments have been proposed to the ordinance which residents say will weaken it considerably. The ordinance is currently being studied by the Lawrence County planning department. Once the county is done reviewing it, the supervisors will advertise a public hearing to be held before they decide whether to adopt the changes.
Carrie Hahn, a township resident who has led the effort to strengthen township rules on oil and gas drilling, said Wednesday that the proposed ordinance will reduce the setbacks required in the current ordinance and eliminate some pre-drilling requirements.
One change included in the amendments which the group supports, however, is requiring a gas well development to get a conditional use zoning permit, which can only be granted by township supervisors. Currently, gas wells need a special exception permit which only requires a zoning board approval. Hahn said that having elected supervisors make the decision gives the residents more voice.
In an 11-page letter to the township, submitted at Monday’s meeting, Smith also disputed the constitutionality of allowing oil and gas drilling in agricultural zoned areas, as currently allowed.
He also challenged the perception that oil and gas drilling have any special status in Pennsylvania zoning. He pointed out that Wilmington Supervisors are unlikely to allow a cement factory, steel mill or smelting plant within agricultural and commercial zoned areas and said there is no reason to treat oil and gas drilling any differently.
At Monday’s meeting, about 25 residents showed up to question supervisors about the proposed amendments. Some asked why supervisors are pursuing the amendments even though the planning commission failed to approve them. A vote on the amendments resulted in a 2-2 tie vote by the commission, with one abstention.
“We don’t want a big conflict. We don’t want lawsuits. But we don’t think you’re hearing us,” Hahn told supervisors.
Other residents warned that allowing gas drilling in agricultural areas of the township will decrease residential property values, and pose health risks. One man said he dropped plans to build a retirement home in the Destinaire Farms development off Fayette-New Wilmington Road because of proposed gas wells nearby.
One woman demanded to know if the supervisors have made any effort to educate themselves about fracking.
Supervisor Dave McConahy said, “I have been to an oil site where there is fracking. I’ve talked to their safety people. They said they have been fairly safe on that fracking site.”
Supervisor Darren Elder said that while was unable to attend a recent fracking presentation at Westminster College, he later watched a video recording of it.
Supervisor Bill Allen stated, “It’s something that – what are you going to do? Everybody I’ve talked to is for this gas.” He added that the state legislators “got us into this bind.”