Morgantown Creating Zoning Rules for Extractive Industries
The State Journal
13 April 2012
By Pam Kasey
MORGANTOWN - Proposed revisions to Morgantown's Planning and
Zoning Code would impose a slate of conditions on oil and gas
drilling in the city as part of a new "extractive industry" land
use.
The revisions were motivated by the overturn in circuit court last
year of the city's horizontal drilling and hydraulic fracturing
ban. But they've turned into a small zoning overhaul that
clarifies heavy industry, heavy manufacturing and extractive
industrial uses.
"It's very broad in what it's trying to accomplish," said Director
of Development Services Christopher Fletcher.
Morgantown City Council passed what was widely called a "fracking
ban" last June, only to have the Monongalia County Circuit Court
rule in August that regulation of oil and gas activity is not the
business of the city, but of the state Department of Environmental
Protection.
The state updated oil and gas rules in December with its Natural
Gas Horizontal Well Control Act; meanwhile, the city turned to a
zoning approach.
At the Planning Commission's April 12 monthly meeting, Fletcher
reviewed 28 pages of proposed ordinance revisions, much of which
would apply to extractive industries — that means any solid or
petroleum extraction, Fletcher said, including quarrying, coal,
and oil and gas — and is more restrictive than the state's oil and
gas legislation.
Fletcher addressed that.
"The Natural Gas Horizontal Well Control Act, we think, is more
rural in context and does not recognize some of the urban patterns
and how that land use could have an impact," he said.
Under the proposal, a wide range of conditions would be placed on
extractive industries.
To begin with, much of the city is ruled out — though zoning can
only regulate what happens on the surface, not below the surface.
Sites used for extractive industrial use have to be a minimum of
five acres. Setbacks are 625 feet from property boundaries — not
from structures — of residential areas and other protected uses
such as churches and hospitals. Watercourse setbacks are 100 feet
from a 100-year floodplain, 1,000 feet from the 100-year
floodplain of the Monongahela River above the Morgantown Lock and
Dam and 1,000 feet from the city's public water supply intake.
That leaves the city's six industrial districts, Fletcher said,
and the larger airport property that surrounds one of them.
On newly annexed territory, existing mineral leases could be
exploited for up to 10 years.
For extractive development, detailed site plans would have to be
reviewed by the city. Transportation route plans and possibly
transportation protection agreements might be required as well.
Once all is approved, there would be conditions on the site:
landscaping, fencing and gating, parking, signage.
And there would be conditions on the operation: security; noise,
exhaust and dust control; secondary containment; spill reporting;
flaring restrictions, including public notice; waste management
and disposal; maintenance, clean-up and restoration.
The proposal is not unusually restrictive, Fletcher said.
"Our research shows that we're in line with what other communities
are doing across the country that are experiencing extractive
development," he said.
As far as he knows, there is no extractive development taking
place within city limits at this time and the city has not been
approached about any projects.
The Planning Commission tabled the proposal until its May meeting
for minor revisions to wording. If the proposal moves smoothly
from that point, it will go to City Council's May 29 Committee of
the Whole meeting, to first reading on June 5, and to second
reading and vote on July 3.