Supervisors
appeal board's ruling on gas drilling
By Amanda Cregan,
Intelligencer, March 12, 2009
Township supervisors have taken their zoning hearing board
to Bucks County Court over gas drilling, citing the board's alleged conflict of interest.
Nockamixon supervisors have fired back against gas drillers.
Township supervisors have asked Bucks County Court to overturn
a decision by the township's zoning hearing board, which sided with a natural gas company trying to break ground in Upper
Bucks.
The court filing was largely expected, as both sides had
vowed to take the matter to higher court if they lost the hearing before the board, the first rung on the judicial ladder.
The Nockamixon Zoning Hearing Board said in its Feb. 9 decision
that township ordinances go too far in restricting drilling and agreed with Michigan-based gas drilling company Arbor Resources
that the state's Oil and Gas Act trumps local regulations.
Township attorney Jordan Yeager disagrees with how the board
handled the proceedings.
Zoning hearing boards operate independently from township
supervisors and are considered quasi-judicial authorities.
In his appeal, Yeager says the board failed to address several
preliminary issues before proceeding with the case, including Arbor's failure to pay township fees, submit a complete application
and provide required notice to neighboring property owners.
Yeager also took issue with the board members' decision
to hear the case despite the fact that all three men had already signed private gas leases with the company.
Rather than postponing the hearing until the other two board
members who do not hold leases could be present, the three members chose to proceed that November evening on an oath of objectivity.
"The board abused its discretion, acted arbitrarily and
committed an error of law by hearing the matter with the conflicted board members casting votes," Yeager wrote.
The Doylestown attorney also notes that under Pennsylvania law only landowners can challenge township zoning.
No property owner had submitted any authorization for Arbor
to represent the landowner in the case. Therefore, Arbor did not have the right to challenge the validity of Nockamixon's
ordinances, according to the appeal.
Nearly 250 homeowners in Nockamixon - about 19 percent of
the township's nearly 1,300 homes - have signed leases. Residents received upfront cash and a promise of payment should the
rock thousands of feet below their properties yield gas.
Township Supervisor Nancy Janyszeski emphasized that she
is not opposed to those who seek exploratory natural gas drilling. She asks that Arbor Resources respect local authority.
"It's about responsible drilling and following procedure.
If you want to put up a tool shed you have to get a permit. For some reason, they (drilling company) think they can come out
here and not get a permit."
http://www.phillyburbs.com/news/local/the_intelligencer/the_intelligencer_news_details/article/27/2009/march/12/supervisors-appeal-boards-ruling-on-gas-drilling-1.html
