May 13, 2015 3 min read

Smith Township supervisors voted Tuesday to change an ordinance to now classify natural gas processing facilities as a conditional use.

Chairman Tom Schilinski explained the need for action to concerned residents in attendance.

In October, MarkWest officials expressed interest in constructing a natural gas processing plant in the township, which is zoned mostly agricultural. Under township code, the plant would have to be built on at least 100 acres of industrial-zoned property, which the township does not have available. In order to avoid being found to be unlawfully exclusionary, Schilinski said the township had to change the ordinance.

“They could be allowed to put it in without conditions” if the ordinance was found to be exclusionary, Schilinski said. “Delaying, I don’t think, is going to help.”

Under the new ordinance, both compressor stations and processing facilities can be constructed on agricultural or industrial land.

“The minimum site required for a natural gas processing facility in the A-1 (agricultural) District shall be 100 acres and in the I-1 (industrial) District it shall be 100 acres. Contiguous properties located in either A-1 or I-1 can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other. There shall be no minimum site required for a natural gas compressor station,” the ordinance reads.

Residents questioned the type of conditions that can be placed on the land usage.

“We kind of learn on the fly, unfortunately,” said Michael Cruny, attorney at Sweat Law Offices, the township’s solicitor. “We’re working with Chartiers and learning from their mistakes. By having it as conditional use, the supervisors can regulate them better than if they push it. If they wanted to come through and if we don’t do this, that’s exclusionary. We can’t do that.”

Chartiers Township is the site of natural gas processing facility that is in close proximity to homes and has been beleaguered by a gas leak, fire and subsequent resident evacuations.

Although no permits have been filed, Bavington-area residents in attendance were certain the northern part of the township is the intended site.

Bonnie Moore, who owns a 200-acre beef cattle farm on Point Pleasant Road in Bavington, lives next to a MarkWest compressor station, one of two in the township. She said that there have been no issues being in such close proximity to the site, but she worries about noise and air pollution as well as truck traffic if a processing plant were to be constructed.

“Hopefully, it will be OK,” Moore said.

“We want to make it better. That’s why we’re changing it to conditional use,” said Co-Chairman Anthony Gianfrancesco. “That’s why we’re here.”

MarkWest representative Robert E. McHale was in attendance but did not address the supervisors.

“We just like to look in on these meetings,” McHale said.

James Pickar, secretary of the planning commission, said the new ordinance allows the township to control some aspects of the plant. If no action had been taken to change the ordinance, he said, the township would have little or no input.

Now, it’s a waiting game to see if MarkWest – or any other company – applies for a permit. An application would first be reviewed by the zoning hearing board, then the planning commission and finally the supervisors. Schilinski and Cruny urged residents to stay abreast of the situation and compile a list of concerns to bring to any public hearings.

“You come and let them know these are going to be issues,” Schilinski said. “The more work you can do beforehand, the better.”