TUNKHANNOCK TOWNSHIP SUPERVISORS
SPECIAL MEETING– MAY 6, 2010
In Attendance: Chairman Maureen Sterner, Vice-Chairman George Ewald, Supervisor Fran DePiano, Attorney Dan Lyons, Secretary Maria Wieand, Zoning Officer Dot Trauger, and area residents.
Chairman Sterner called the special meeting to order at 7:02 p.m.
Supervisor Sterner explained the purpose of the special meeting is to discuss the Solar Farm essential service zoning permit issued by our Zoning officer Dot Trauger. Supervisor Sterner noted this is a large project for the Township and since we don’t have Zoning Ordinances covering Solar Farms, we would need to address that for the future. In the mean time, we need to review Dot’s permit and determine if an appeal to the ZHB is necessary.
Supervisor Sterner indicated a permit was submitted for the entire project, and that Zoning Officer Trauger issued a fence permit only. Solicitor Lyons recommended we file an appeal before the 30 day time limit in the event the board would like to challenge her decision. This would also give Solicitor Lyons time to review this and advise the board accordingly.
Dot Trauger was asked how she came to her decision to only issue a fence permit. She gave the following explanation:
To determine if land development was required, I read the ordinance, talked with PSATS, Carson Helfrich from Community Planning & Management, LLC (I took classes on land development from him several years ago) and our building codes official and made a decision that since there were no buildings on the lot, it did not require land development.
To determine if the solar panels were impervious surface, I spoke with PSATS, our building codes official, read the dictionary description of impervious surface and went to several websites and concluded that the panels were not sealing the soil surface. Another dictionary definition “seal surfaces, repel water and prevent precipitation and meltwater from infiltrating soils”. I determined that the panels were not impervious surface. This was later confirmed by township engineer Kevin Harrison.
(Although Kevin is requesting Stormwater issues be addressed, and Brandon Igdalsky from Pocono Raceway indicated Kevin should have those later today) Our current zoning ordinance does not address solar farms.
I determined that the solar farm could be considered as an essential service since it generates electricity.
I issued a permit for the fence surrounding the farm. This fence meets the requirements of our zoning ordinance. Our building codes official will not issue his permit until the MCCD and our own Stormwater ordinance requirements are met.
Solicitor Lyons explained his reasons and advice given to the Supervisors was based on our Township Zoning ordinance definition on page 2-7 for Essential Services along with two case laws that occurred which were similar to the solar farm. He also noted according to the Municipal Planning Code and our Township code, a Land development isn’t necessary based on the definitions.
Three inverter pads and one switchgear pad along with several poles would be installed. The Supervisors wanted to be sure we charged fees similar to a cell Tower for the pads and poles. If we did, we should have charged approximately $795.00, but also noted would it be worth pursuing for the fee or would it cost us more in the long run. The board noted they are learning from their mistakes and will review our ordinances for consistency.
The floor was open for Public Comments:
Mike Gillen questioned how it was determined to be essential services. Solicitor Lyons indicated according to the Township definition and the MPC, essential services includes electric.
Jim Davenport asked if the appeal goes forward, the advantage to the Township is what? Supervisor Sterner indicated approximately $795 and if we review the cost to advertise, solicitors fees etc, it wouldn’t be worth it. Jim also asked will the tax rolls change. Solicitor Lyons indicated it would depend on the use and what the county decides, new use new assessment.
Ellen Lott asked why her request for information wasn’t given to her and a letter stating the Township would fulfill it within 14 days? Dan had to wait for Dot’s decision because he couldn’t influence her decision since he represents the Board. He also recommended the board not have the Planning Commission review this since Dot was still serving as their secretary until this was reviewed and suggested that a special meeting be held. With Supervisor DePiano going away, they had to act prior to the regular meeting scheduled for 5/12/2010. It was advertised and set up immediately to discuss before the public and the board would give their decision at that time.
Chairman Sterner entertained a motion, Supervisor DePiano motioned not appeal this decision of Zoning Officer Trauger, seconded by Chairman Sterner. There being no additional comments or questions the motion passed two in favor and Supervisor Ewald abstained from the vote.
Supervisor DePiano made a motion to adjourn. Supervisor Ewald seconded the motion. Motion passed unanimously. Meeting adjourned at 7:43 p.m.
Submitted by:
Maria S. Wieand
Secretary