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Uniontown, PA  Sunny, and 85 ° F

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Residents could vote on zoning board at next election
July 29, 2010 01:37 AM
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Herald Standard

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BULLSKIN TWP. - Residents could see a referendum on the November general election ballot to have the township supervisors take over zoning from Fayette County officials as gas companies, stone quarries and windmills make their way into the area.

If the move was supported, supervisor Walter "Deb" Wiltrout said Wednesday it would result in a tax increase of possibly two to three mills for the 8,000 property owners in the township.

Wiltrout added the current millage is .495 mills that amounts to $49.50 in taxes for a property assessed at $100,000.

More than 50 people packed the inside of the municipal building during the meeting, while others were forced to wait outside as residents and members of the Rural Area of Concerned Citizens (RAC) group voiced their concerns on the costs and benefits for the township to create its own zoning hearing board.

Supervisors also heard complaints about not moving the meeting to the senior center since a large number of people were expected to attend again and because of the heat.

The Fayette County Commissioners changed the zoning laws last summer to include stone quarries as an accepted use for properties zoned agricultural.

Like the majority of municipalities in the county, Wiltrout said Bullskin does not have the finances to operate its own zoning.

With a limestone quarry close to opening off Route 982 behind Eutsey Road and Krienbrook Hill and gas drilling from Marcellus shale not far behind, Lee Welker, RAC member, said it could make a difference if the township has its own voice on zoning issues instead of the county.

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"We're not going to stop that sort of thing, but we can have a voice to see that it's done right," said Welker.

Don McCue stated the move would be costly for the township, and that he found Wharton Township is the only municipality out of 42 in the county that has their own zoning hearing board.

"We have to look at the whole picture," said Wiltrout, who said he has been in contact with the county election bureau about the referendum.

Robert P. Ging of Confluence, solicitor for RAC, argued the legal aspects of the referendum in accordance with the zoning laws listed in a handbook on the governor's office website.

Ging said court rulings from the 1990s have determined that county election boards have no authority to place a non-binding question on the ballot.

Ging further claimed that with his experience in civil and environmental issues, the costs for the township to take over zoning would not be as much as perceived.

"What it will do is protect your property values, your quality of life and give those opposed to the county commissioners the ability to control what goes on in your community," said Ging.

Wiltrout said the same website indicated a number of state laws authorize local referendums on specific matters.

"Each law specifies how the question is to be placed on the ballot, either by voter petition or action of a local governing body such as the supervisors," according to Wiltrout's information.

"We want to look at all the aspects of it and we will," said Wiltrout.

  

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