Swatara Township grants solar farm conditional use, but future still uncertain

This article was funded by LebTown donors as part of our Civic Impact Reporting Project.

The Swatara Township Board of Supervisors unanimously agreed to grant a conditional-use application for a prospective 3 megawatt alternating current solar farm at 80 Fortna Road following a hearing Sept. 17.

However, exact plans are subject to change as the 19-acre property planned to house around 5,000 solar panels lies both in Swatara and Bethel townships and a variance request in Bethel was rejected earlier this month.

Read More: Bethel Twp. zoning hearing board denies proposed 5,000 solar panel farm array

The hearing lasted close to two hours, with representatives of RWE Clean Energy LLC describing the site and its plans and residents having a chance to comment. Supervisors deliberated in private for around half an hour before issuing a decision.

“They’re meeting all the guidelines,” said supervisor Rick Kreitzer before approving the application with several conditions.

When land development plans fall within established zoning, municipalities generally speaking cannot veto a project based on what type of business or use is being proposed. In fact, if a municipality were to arbitrarily deny a land use plan, they potentially face costly legal repercussions. 

Unlike Bethel Township, which does not permit solar uses on agricultural parcels and requires developers to obtain a variance, the use is permitted by right in Swatara Township’s agricultural district.

Read More: What officials can and can’t do when it comes to approving land development

However, developers do need to come before supervisors to obtain conditional use, with the board free to impose reasonable conditions on the plan. For this type of request, supervisors are to make a decision based on whether the plan meets legal requirements including the following, all of which were met by the applicant.

• Preference for underground transmission lines.
• Acknowledgement from utility company, with RWE planning to sell energy to a MetEd substation around .38 miles away.
• Prohibition on advertising.
• No projection onto neighbors or roadways, and the completion of a glare study.
• The completion of a noise study.
• The agreement not to remove any trees or landscaping required in the plan.
• The site maintain a phone number to handle enquiries and concerns from neighbors within a reasonable timeframe.
• Coordination with local emergency services.
• Maintenance of a financial security at 110 percent of the decommission cost.
• Acknowledgement from the property owner, in this case Dennis Fortna.

Another requirement is that the plan for solar equipment meet industry standards, which RWE representatives said they didn’t have documentation of as of the hearing but they were willing to provide that documentation later.

Supervisors’ approval Wednesday came with the stipulations that the applicant:

• Provide documentation verifying that the plans meet industry standards.
• Provide written documentation verifying that less than 20 percent of soil on the site is Class I or Class II soil.
• Seek additional conditional use approval for any significant modifications to the plan, including if the boundaries or size is changed due to lack of approval in Bethel Township.
• Provide the township with an operational plan.
• Comply with federal, state, and local ordinances, and receive required approvals for the plan.
• Provide training and eccess to local emergency services.
• Provide the township with a maintenance plan.
• Meet township requirements for decommissioning and bonding, needing to maintain a bond with the township holding 110 percent of the decommissioning cost.

If the solar farm is constructed, RWE estimates that they will lease the property for 25 to 30 years. The site would not employ regular employees, but would frequently undergo maintenance.

Developers were unwilling to make a statement regarding Bethel Township’s decision, with RWE’s legal counsel noting that they have not yet received the township’s written decision and will officially decide next steps after they have it.

Once the written decision is issued, the developer will have 30 days to challenge the decision. Otherwise, they may alter the plan to no longer contain solar panels in Bethel Township, but that would likely require a second conditional use approval in Swatara Township.