Blasts touch off hard look at zoning
Tredd Barton, owner of Washington County Machine Guns, speaks out against any zoning ordinances that would prohibit operation of his gun range.
An overflow crowd of Donegal Township residents showed up in the municipal gym as the township gears up to put in place its first land-use zoning ordinances.
Supervisor Ed Stout, second from right, explains how a zoning consultant will mediate input as the township develops land-use zoning ordinances.
WEST ALEXANDER – A 25-pound brick of tannerite that exploded in October rattled windows up to a half-mile away from the blast site at Washington County Machine Guns, a shooting range on Greaves Road. Complaints of loud booms coming from the range had droves of Donegal residents showing up Wednesday night to get involved in drafting the township’s first land-use zoning ordinances.
Donegal is the only township in Washington County without zoning ordinances, solicitor Gary Sweat said.
Tredd Barton, owner of the gun range, has been the central character in a fight against township supervisors that some residents characterized at Wednesday’s regular supervisors meeting as “fear versus freedom.”
”We’re not going to blow up tannerite anymore. We met with police. But we’re not going to stop shooting guns,” Barton said. Tannerite is a nonflammable explosive that is detonated by a concussive blast.
“This has nothing to do with Second Amendment rights,” Sweat said. “It’s about public health, welfare and safety of residents. Explosives, which are regulated by the state and others, that has nothing to do with Second Amendment rights. Supervisors have been deciding that’s not a risk we want, but right now we can’t stop anything because we have no zoning.”
Serious zoning discussions started with an oil and gas drilling ordinance after MarkWest built a compressor station in October 2014 without a building permit. An ordinance for oil and gas regulations was passed at a Dec. 9 meeting, but still needs a legitimate land-use ordinance to remain valid in most cases, according to Sweat.
Also brought up at the Dec. 9 meeting was a sample firing range ordinance that Barton objected to. It was ultimately tabled.
“It was a sample. It was to start discussion. It was not one I looked at, nor would I recommend. It was to start thinking about elements like times of operation and setbacks,” Sweat said.
Supervisor Douglas Teagarden said it was his wife who reported the blasts in October to police.
“What happens if somebody wants to blow up 50 pounds of this stuff and not 25? I was a supervisor in the 1990s, too. It was an easier time then. But we didn’t have the village of West Alexander (as part of Donegal), and we didn’t have a glut of oil and gas drilling coming in,” Teagarden said.
The township allocated $25,000 in its 2016 budget to hire Carolyn Yagle of Environmental Planning and Design to serve as a consultant on drafting zoning ordinances. Yagle is scheduled to return in March ahead of several planning commission and zoning hearing dates, Teagarden said.
Several residents, including Jon Plants, owner of Amega West, a machine shop and rental service for gas companies near the shooting range, said the reason they live in Donegal is because there is no zoning.
“I’ve set off tannerite. It’s fun. I believe you should be able to do whatever you want on your property so long as you’re not hurting anyone,” Plants said.
Supervisors Chairman David Ealy said getting zoning ordinances in place goes beyond accountability and protections.
“We need to do it, because we will be eligible for grants. We’ll be higher on the list for state funds. … That $1.3 million is really hanging over us, though, and we can’t pay that off with Act 13 money,” Ealy said, referring to the debt incurred from Donegal’s takeover of the defunct West Alexander water and sewer authority. State cash flow would help with expanding water lines to Dry Ridge and Ealy Road.
“Dry Ridge is called that for a reason. They have to haul water sometimes,” Ealy said
“We’ve talked to Pa. American Water, and they’re encouraging us to install these lines for 90 residents, and they might consider a takeover,” said Supervisor Ed Stout.
“But we have no clue on costs yet. We need to do a feasibility study first,” Teagarden said, “and those lines are something that the roughly $300,000 in Act 13 funds could be used for.”
In other business, J.D. Martin of 553 Route 40 and Jeri Zwicker both complained about $500 trailer fees passed on to oil and gas companies that rent trailers on their property.
“It’s Keystone Clearwater who has an office trailer on my property, and they’re talking about looking at a different place. I pay taxes and they rent from me – and it’s just ridiculous – that $500 is more than I charge them rent,” Martin said.
The fee structures were enacted nearly three years ago, according to Sweat, who said it was directly aimed at gas companies as a way to recoup costs of township personnel and resources in lieu of the now-accepted Act 13 impact fees.
“It does need to be looked at and modified. There’s never been a problem until now, as Range Resources and many companies I’ve dealt with have always agreed to these fees. But if it’s an office trailer … I recommend it be revised,” Sweat said.