its Ordinance or this Order is reversed on appeal. The curative action by the Townshipmust be taken and provided to the Commission no later than November 28, 2012, toaccommodate payment of Act 13 impact fee funds by December 1, 2012.
I. History of the Proceeding
On June 21, 2012, Mr. William F. Sray filed a request (Original Request)for the Commission to review the Township’s Ordinance pursuant to Section 3305(b) of the Act. In the Original Request, Mr. Sray requested that the Commission review theTownship’s Ordinance and issue an order regarding the compliance of the Ordinance withChapters 32 and 33 of the Act and the Municipalities Planning Code (MPC). Mr. Srayalso set forth in the Original Request that he is a resident of the Township, “a propertyowner and a gas lease holder” who has been “adversely affected” by the Township’sOrdinance, which allegedly restricts oil and gas operations in violation of the Act.
Original Request at 1.On July 26, 2012, the Commonwealth Court of Pennsylvania(Commonwealth Court) issued a decision declaring Section 3304 of the Actunconstitutional, thereby enjoining the enforcement of Section 3304.
Robinson Twp.v. Commonwealth
, No. 284 M.D. 2012, 2012 WL 3030277, at *22 (Pa. Cmwlth. Ct.2012). The Commission, Department of Environmental Protection and Attorney Generalsubsequently appealed the Commonwealth Court’s decision to the Supreme Court of Pennsylvania (Supreme Court).
Notice of Appeal,
, No. 284 M.D.2012. Similarly, the Township, as one of the named petitioners (Petitioners) challengingthe constitutionality of the Act, filed a cross-appeal of the Commonwealth Court’sdecision with the Supreme Court.
Notice of Cross-Appeal,
, No. 284M.D. 2012. Both the appeal and the cross-appeal are pending before the Supreme Court.On August 9, 2012, Mr. Sray filed a follow-up request (Follow-Up Request)