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Solar company wants review of ordinance

An Allentown-based company that creates solar farms is asking for a review of Franklin Township’s zoning ordinance, citing the lack of solar outlined in the currently adopted ordinance.

Last week, the Carbon County Planning Commission reviewed the documents in the request.

Ivan O. Meixell Jr., county planner, noted that Franklin Township’s zoning ordinance was adopted in 1972 and has not been updated even though the planning commission had reviewed a proposed update to the ordinance last year that outlined solar.

Sanik Solar LLC, which is looking to put a solar field on property along Renner Road, leased to the company by Carl and Marie Bieling, requested the curative amendment hearing to rectify this issue.

Meixell said that in his letter back to the township, he noted that the supervisors had submitted a June 2023 draft for a zoning ordinance amendment, which would have updated the 1972 ordinance.

In the commission’s review, Meixell had written that the draft ordinance and maps would allow for approval for the plan; however since that amendment was never adopted, Sanik Solar feels Franklin Township is in violation of Pennsylvania law.

The company, in the information the planning commission reviewed, stated that as a result of its review of the ordinance, it believes “the current Franklin Township ordinance contains no provisions for solar energy production facilities in any of the zoning districts.”

“Pennsylvania law requires that zoning ordinances for any municipality must make provisions for all uses somewhere in the municipality.”

Sanik also states that an ordinance that does not provide this information is considered unconstitutional and in violation of the Pennsylvania Municipalities Planning Code.

Because of this, the Bielings and Sanik Solar are challenging the validity of the zoning ordinance.

Last week, Franklin Township supervisors set the date for the curative amendment hearing with Sanik.

The hearing is scheduled to take place at 6:30 p.m. on Sept. 18.