A developer’s plan for an 858-acre solar energy farm in North Annville Township suffered a setback on Jan. 26 when a local judge denied its request for a conditional use under the township’s zoning law. 

The tract is composed of 12 properties near Route 934, all zoned agricultural. All of the owners have agreements with developer Lebanon Solar I LLC, allowing it to install solar panels on the land.

The decision by Lebanon County Judge Bradford Charles comes over two and a half years after the project was first proposed by Lebanon Solar I and effectively halts it unless the decision is reversed on appeal or the developer starts over by filing a new application.

A conditional use of a property is only allowed if the owner meets all specified requirements in the township’s zoning ordinance.

The North Annville Township Board of Supervisors denied Lebanon Solar I’s application in April 2022 after three contentious, jam-packed public meetings at which tempers often flared.

Lebanon Solar I appealed to the local court, and township resident Grady Summers immediately sought, unsuccessfully, to have the appeal thrown out, arguing that Lebanon Solar I had not filed it in time. Judge Charles rejected that argument in February 2023.

Some of the concerns raised by opponents were water runoff, loss of scenic views, and the lack of a well-defined plan. On the other side, several farmers whose land would be used for the project complained that they would be suffering economic losses if the project was killed, and that a solar farm would prevent the construction of massive housing developments and warehouses.

In a 42-page opinion affirming the supervisors’ decision, Charles found that Lebanon Solar I failed to meet two of the required conditions because its application failed to include an approved stormwater management plan and an adequate bond to protect the township if the solar farm ceased operation and the panels and equipment were not promptly removed.

Charles rejected arguments by the township supervisors that Lebanon Solar I had not met additional conditions mandated by the zoning ordinance, saying that he was “in stark disagreement with the reasoning” they employed.

Any party can appeal the judge’s decision within 30 days to the Pennsylvania Commonwealth Court.

Harrisburg attorney William Cluck, who represents resident Summers, told LebTown on Jan. 29 that he would appeal Charles’ February 2023 ruling that Lebanon Solar I filed its appeal from the township’s denial on time, even though Charles’ Jan. 26 ruling blocks the project.

Attorneys Elizabeth Dupuis and Paul Bametzreider, who represent Lebanon Solar I and the township, respectively, had not responded to requests for comment by publication time.

Read earlier N. Annville solar farm coverage

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Chris Coyle writes primarily on government, the courts, and business. He retired as an attorney at the end of 2018, after concentrating for nearly four decades on civil and criminal litigation and trials. A career highlight was successfully defending a retired Pennsylvania state trooper who was accused,...

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