Range Resources: Cecil Ordinance Invalid

Range Resources on Tuesday filed suit over a recently adopted Cecil Township ordinance that governs Marcellus Shale drilling.

, filed by attorney Kenneth Komorowski on behalf of the Southpointe-based company, procedural questions are posed.

The company claims in the suit that did not give proper notice during the ordinance adoption process, making the ordinance invalid.

The suit indicates that on at least three instances, the township violated provisions of the Municipal Planning Code and the Second Class Township Code because it failed to advertise the hearings properly after making substantial changes.

The company also alleges that the township "failed to notify landowners of zoning map changes affecting their property as required."

Those substantial changes included the permitted distance—or buffer—between an occupied structure and a proposed well pad.

"The change from a 1,500 (foot) setback from residential developments to a 500-foot setback from all structures is substantial because by excluding land surrounding non-residential structures from drilling, the township may have decreased the amount of land available for drilling," the suit states.

Also mentioned in the court paperwork was a provision in the oridnance that would allow residents within 500 feet of a proposed well pad to waive the required buffer set forth in the ordinance.

Range Resources also alleges that the township failed to provide a copy of the proposed ordinances with the county in a timely manner.

The company is asking the Washington County Court to "find the oil and gas ordinance invalid and strike it from the Cecil Township Zoning Ordinance and award any additional relief that this court believes is necessary."

Reached Thursday morning, Cecil Solicitor John Smith said that he had not yet been served with the court paperwork, and that the township will have 20 days after that service to take action on the appeal.

"They have several options," he said, adding that the objections raised by Range Resources "appear to be items that the board tried to accommodate them on."

Editor's Note: To view a complete copy of the suit, please click on the attached PDF.