A request for another solar farm in Franklin Township will be continued.

Township supervisors held a curative amendment hearing on Wednesday from an Allentown-based company that creates solar farms.

The applicant, Sanik Solar LLC, is looking to put a solar field on property along Renner Road, leased to the company by Carl and Marie Bieling.

Sanik Solar LLC requested the curative amendment hearing because it’s challenging the validity of the zoning ordinance. The solar company says it allegedly contains no provisions for solar energy production facilities in any of the zoning districts.

Sanik Solar LLC desires to develop a solar energy production facility/solar farm on property at owned by Carl and Marie Bieling, 390-400 Indian Hill Road.

Sanik Solar LLC provided the township with a proposed curative amendment entitled “an ordinance amending the township’s zoning ordinance to set forth requirements for solar energy systems.”

After a brief executive session, the board motioned to declare the zoning ordinance defective. Board Chairman Fred Kemmerer Jr. and Supervisor Leroy Kemmerer Jr. voted in favor.

Supervisor Robin Cressley, the third member of the board of supervisor’s, sat in the audience, and not with the board, since he is a neighboring property owner for where the solar farm is proposed.

The township’s zoning ordinance was adopted in 1972 and hasn’t been updated despite the planning commission having reviewed a proposed update to the ordinance last year that outlined solar.

Supervisors had submitted a June 2023 draft for a zoning ordinance amendment, which would have updated the 1972 ordinance.

In the Carbon County Planning Commission’s review, county planner Ivan O. Meixell Jr. had written that the draft ordinance and maps would allow for approval for the plan. However, since that amendment was never adopted, Sanik Solar believes the township is in violation of Pennsylvania law.

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

As a result, the Bielings and Sanik Solar challenged the validity of the zoning ordinance.

After hearing testimony, the board agreed to hold a workshop at 6:30 p.m. Oct. 1.

It will then continue the hearing at 6:30 p.m. Dec. 3, and the applicant is waiving any deadlines for the board to conduct any further hearings or make any decision until at least that time.

Another solar farm

Last month, supervisors on a unanimous measure granted the Lehighton Site LLC (Bollinger Solar Farm) land development plan conditional approval.

Earlier, the board approved an additional waiver request from Bollinger Solar LLC with regard to erosion and sediment controls and plan requirements.

Conditions are as follows:

• Under the subdivision and land development ordinance in Carbon Engineering Inc.’s letter dated Aug. 8, all waiver requests requested, along with the date they were granted or denied by the board of supervisors, should be indicated in the plans.

• Under subdivision and land development ordinance in Carbon Engineering, Inc.’s letter dated Aug. 8, specifically clear sight triangles at intersections, the plan should be updated with the required information.

• The proposed use is not listed as a use permitted in the I-Industrial zoning district, township zoning ordinance of 1972, as amended. Approval is conditioned upon obtaining all necessary zoning permits and approvals necessary for the proposed use.

Lehighton Site LLC plans to build a solar farm at 208 Memorial Drive.

The location is about 9 acres, and would hold around 8,000 solar panels.

In July, supervisors granted a pair of waiver requests for the plan.