The Pennsylvania Commonwealth Court ruled against Olympus Energy LLC and Hyperion Midstream LLC's proposals to build a gas well pad and interconnect facility on residential lots in Elizabeth Township.
The court found that the township's zoning ordinance,
which permits only one "principal structure" per lot in residential
zones, prohibited the addition of these facilities to lots already containing
single-family homes. Despite arguments
from Olympus and Hyperion that their project fell under a more specific oil and
gas ordinance, the court determined that this ordinance did not supersede the
general zoning rule regarding principal structures.
This decision highlights the importance of carefully
analyzing and understanding the language and interplay of different provisions
within municipal ordinances, especially when addressing complex land use issues
like energy infrastructure development.
The case suggests a trend towards legal challenges focusing on specific
ordinance details rather than broad health and safety concerns.