Union Township files civil complaint on property owner over commercial use

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Union Township has filed a civil complaint against Mohamed Kenz for failing to restore his property at 11 Wolfe Lane from commercial use back to residential use, township solicitor Paul Bametzreider told the board of supervisors at their monthly meeting Wednesday.

The complaint alleges Kenz paved over lawn on the residential property in order to park trucks for a business, without filing the necessary permits or applying for a change in the property’s zoning to commercial use, Bametzreider told LebTown.

Kenz’s attorney, Tucker Hull, has asked for a delay to July 2 to respond to the complaint while he is on vacation, Bametzreider told the board. Hull had not returned requests for comment to LebTown prior to publication.

“If he fails to respond in that time period, we will file for a default judgment,” Bametzreider said. “I know they are going to be looking to try and settle the matter.

“I think at this point there’s about $11,000 in fees included as far as his attorney goes, and various costs, and I think right now at this point if you did the math you could impose a fine of up to $350,000” based on daily non-compliance, Bametzreider said.

The purpose of the complaint, board chair Kerry McCrary noted, is to get Kenz to restore the property to its zoned use rather than to try and collect ever-growing fees from the owner.

Bametzreider also updated the board on the status of Union Township ordinances submitted Wednesday for review by the Lebanon County Planning Department. At its April 8 meeting the board had approved one new ordinance and four ordinances revised to “address inconsistencies and ambiguities.” At the June meeting, the board voted 3-0 to advertise an August public hearing on them.

The newly drafted ordinance seeks to limit the zoning of potential data centers to industrial regions of the municipality.

“Better to get something in your ordinance, and at least you have some control if something comes out of left field,” Bametzreider said in April.

There have not yet been any requests to purchase Union Township property for use as a data center location, according to township manager Brent McFeaters.

The four updated ordinances cover:

• Short-term rentals. This revision passed 2-1, with supervisor Stephen Lum dissenting, calling such ordinances unnecessary and costly to Union Township residents.
• The non-commercial keeping of livestock and domestic fowl.
• Fences, walls, and hedges.
• Parking and storage of unlicensed vehicles.
• Roadside stands.

Prior to the Union Township supervisors meeting, planners working on the Lebanon Valley Rail Trail held a public meeting in the township hall for a proposed design for a 2.1-mile extension of the trail, phase 10B. The presentation opened a 30-day public comment period seeking input from residents on the extension prior to completing a final design.

Union Township residents may comment on Phase 10B plans via QR code, up to July 10. Fill out the survey here.

The project funded by Lebanon County and the Pennsylvania Department of Transportation is expected to cost about $3.5 million, with construction to begin in June 2027 and end in October 2028, for use as a biking, mountain biking, walking, and cross-country skiing path. A topographic survey, environmental field studies and preliminary design have been completed, Nate McCulloch, senior project manager for Wilson Consulting Group, told supervisors.

Phase 10B is contained within Union Township, connecting to the southern terminus of 10A, which is expected to open to the public in July, from south of Interstate 78 and east of Pine Tree Road, north to the intersection of Route 72 and Lickdale Road.

Phase 10B will connect to a KOA campground at its north end, as part of the 25.7-mile Lebanon Valley Rail Trail. The rail trail is based primarily on an historic Philadelphia & Reading Railroad bed extending from the Lancaster County border in Elizabethtown north to the Swatara Rail Trail.

Planners hope to extend the trail further, with an 0.3-mile Phase 10C. Construction is expected to begin in 2028.

Other items:

• The board approved 3-0 payment of $276,829.73 to Pennsy Supply Inc. for base repair, sealing, and overlay construction for Greenpoint School Road.
• The board approved 3-0 three waiver requests by Burkentine Builders & Sons for sewage planning exemptions from the state sewage facility planning module, which is not needed because the applicant’s preliminary final land development plan meets Union Township’s sewage plan, with confirmed capacity.
• Next board of supervisors meeting is Wednesday, July 8.