Citizens’ association sought judicial review of decision by zoning board, which denied association’s challenge to constitutionality of zoning ordinance permitting unconventional natural gas development (UNGD) in township’s low-density residential district.
The Court of Common Pleas upheld the ordinance. Association appealed.
The Commonwealth Court held that:
- Evidence was sufficient to establish that UNGD was compatible with purposes of zoning district;
- Evidence was sufficient to establish that overlay district was consistent with township’s comprehensive plan and residential land use expectations;
- Evidence was sufficient to establish that ordinance protected residents’ right to enjoy their property and their right to a healthy environment under state constitution; and
- Association failed to establish that ordinance posed a substantial actual risk to environment or health of residents.