Oct 24, 2012 3 min read

An appeal challenging Mt. Pleasant Township’s compliance with Pennsylvania’s Act 13 has been rescinded, clearing the way for the township to receive more than $500,000 in impact fee money collected from natural gas companies drilling in the area. The Pennsylvania Public Utility Commission received a formal complaint from Mt. Pleasant resident Anthony Pawlosky Sept. 2 asking officials to review the township ordinance’s compliance with the new state law regulating gas drilling. State officials received a second letter Monday withdrawing that request. “Since the filing,” Pawlosky wrote, “I have learned the township is willing to change their stance on drilling operations.” The change of heart has cleared the way for Mt. Pleasant to receive $511,855 in impact fee monies. “We now don’t have a consideration before us,” said PUC press secretary Jennifer Kocher. “So at this point, there’s no question as to the township’s eligibility for money from the impact fee. We will be getting it to them immediately.” Kocher said the state treasury already had been notified and the municipality should receive a check within the next few weeks. “We’re thrilled they released the money,” said township manager Mary Ann Stevenson. Stevenson said Mt. Pleasant recently had moved to bring its ordinance in line with state guidelines spelled out under the law, which was passed earlier this year, and provides for statewide regulation of oil and gas well drilling. The allotment makes Mt. Pleasant one of the leading beneficiaries of the impact fee among Washington County municipalities. The state uses a disbursement formula in which communities that have a higher number of wells receive a higher percentage of the fees. Mt. Pleasant has one of the highest concentrations of wells in the state. Stevenson said the township found out about the decision Tuesday and it was too early to commit the money to any specific projects. Although officials have yet to draft the 2013 annual budget, a portion of the money will likely be spent on road and infrastructure improvements. Act 13 sets strict guidelines on things like zoning ordinances, setback distances and impoundment collection. Under the law, the state doesn’t investigate local municipal codes but relies on residents and drilling companies to file complaints. Distribution of the impact fee money is withheld from municipalities under investigation until state officials determine whether they are in compliance. In Washington County, Robinson Township and Cecil Township are both under review after the PUC received formal complaints filed by leaseholders. Those municipalities, along with Mt. Pleasant and Peters townships, are among the plaintiffs in a lawsuit claiming the law is unconstitutional. A state court has struck down the provision in Act 13 enforcing zoning standards as unconstitutional. That provision has not been implemented pending a decision by the state Supreme Court. Kocher said the Supreme Court proceedings had nothing to do with the administration of Mt. Pleasant funds.