Marcellus Shale Awareness Group Plans Petition to Amend Township Home Rule Charter

Members of the Peters Township Marcellus Shale Awareness group are planning to circulate petitions among residents to change the home rule charter to ban gas drilling within township boundaries.

The PTMSA posted intentions on its website today to seek 1,000 signatures to place the issue on the Nov. 6 general election ballots. The group plans to begin circulation of the petitions on June 21, and will actively seek signatures during the annual community day on June 25. The PTMSA plans to take the petitions to the Washington County Election Bureau to place the question on the ballot.

The group has been opposed to an ordinance allowing mineral extraction that is now before township council. Council is considering a revised ordinance; the public hearing has been set for July 18.

The Oil and Gas Act of Pennsylvania requires municipalities to make provisions for oil and gas drilling. The PTMSA, with support from the Community Environmental Legal Defense Fund, wants to change the Peters Township Home Rule Charter to be independent of the state regulations.

According to PTMSA's website, the charter may be amended either by action of the elected government officials or through a citizen petition. The amendment proposes an addition to the home rule charter to establish a local "Bill of Rights," which asserts the right of township residents to local self-government.

Township solicitor William Johnson said so far township officials have not seen any official documentation about the groups plan to place the home rule question on the ballot.

“At this point the proposal is to actually amend the township’s charter,” he said. “As far as we know this doesn’t fall under the township’s own charter, but rather the state’s home rule charter enabling legislation.”

Johnson said the group must petition the election office, which will then make a determination of its legality, and will then determine if (the question) goes on the ballot.

“This is unchartered waters for us,” Johnson said. “I suppose if one opposes the election office’s decision, that there is an appeal process for that.”

Johnson said he first became aware of the petition on Wednesday when one of the assistant county solicitors mentioned that such a petition was about to be filed.

“No one has seen the petition as yet,” Johnson said. “The elections office will have to make the determination if the petitions that are filed are legal, but that’s another day.”

The PTMSA says the Bill of Rights that is being sought would “prohibit the extraction of natural gas within the township, with the exception of gas wells already established and in operation at the time of adoption of the amendment.”

Calls placed to PTMSA members for comment were not immediately returned.

Stay tuned to Patch for continuing developments in the story.