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Solar Panel Ordinance Meets Resistance in Washington Twp.
Written by Mary Gibbs Kershner
2024-05-29

            During the regular Washington Township Board of Supervisors meeting on Thursday night, a proposed commercial solar panel ordinance caused landowners to come out in force against the ordinance.

            Currently, Washington Township does not have a commercial solar panel ordinance.  Before commercial solar panels could proliferate throughout the township with no restrictions, the board of supervisors decided to enact an ordinance that would regulate where they could be placed.

            The supervisors requested Township Solicitor Joan London to research commercial solar panel ordinances in other municipalities.  The proposed ordinance, if enacted, would not permit commercial solar panels in areas of the township that have agriculturally significant soils.

            Additionally, they would not be permitted in watershed conservation districts. 

            Dan Stauffer spoke for many of the large landowners who objected to the ordinance.  Stauffer is on the township planning commission and has devoted 30 years to serving Washington Township in various capacities and thoroughly researched the use of commercial solar panels.

            His research concluded solar panels are true green energy that is not reliant on fossil fuels.  They do not damage the land on which they are placed.  When their usefulness is finished, they can be removed with no damage to the land. 

            Stauffer and the other landowners argued that most of the township soils are agriculturally significant.  To deny commercial solar panels in what is left of the township and in the watershed conservation district is exclusionary zoning. 

            Beverly Melcher, who owns a large farm, noted that usually watershed conservation areas are not practical for growing crops.  They tend to be too wet for agriculture.  Melcher noted commercial solar panels would be ideally suited in watershed conservation districts.

            Stauffer claimed there is only one area of the township that is viable for commercial solar panels because it is near an electric substation.  He noted that the Berks County Planning Commission, in its initial review letter, cautioned the township to not make the ordinance too restrictive.  If it is too restrictive, it can be deemed exclusionary making the township liable for a legal challenge. 

            Stauffer said the federal government and the state of Pennsylvania encourage the use of solar panels.  He questioned why the township seeks to restrict them.  Stauffer warned the board of supervisors that there is a very good chance the township will be sued over the ordinance.

            Over the objections of the residents in attendance, the supervisors voted to advertise the ordinance for review at the township board of supervisors meeting in June.  It is expected the ordinance will be adopted unless the supervisors reconsider the ordinance.

            Last month, a question was raised concerning the large volume of heavy trucks using Weisstown Road.  The township wrote to Martin Stone Quarry to inquire if its customers were using the road to haul stone.  The quarry noted it is not their customers who utilize the road.  Other large haulers use the road to avoid congestion through Boyertown.

            Township Engineer John Weber, LTL Consultants informed the board of supervisors he will hold a meeting with the Edison Walk developers to discuss the repair of pavements, curbs, and stormwater drains.  It is expected improvements will occur in mid-June.  The township expects to spend approximately $50,153 for site work around the soon-to-be-constructed public works building.

            A resident of Lenape Road requested assistance from the township concerning children riding very loud mini bikes next to his home.  The township has a noise ordinance of 70 decibels from 7 a.m. until 9 p.m.  The noise rate decreases to 60 decibels from 9 p.m. until 7 a.m. 

            The resident was urged to call the police over the disturbance.  Township Vice Chairman Dave Moyer noted that the resident whose children are disturbing their neighbor should be more considerate.

            Open space along Cubler Court will be posted noting motor vehicles of any kind will not be permitted.

            John Aston, Aston Surveyors, presented a subdivision plan for Beverly Melcher that requests preliminary/final approval for her property.  Melcher owns a 109-acre farm split between 95 acres for farming and 14 acres for a canine training facility. 

            Aston noted his client has no intention of selling the property.  She merely wants to make the two enterprises, farming and canine training, separate.  They are both preexisting uses. 

            Aston requested waivers for street trees and wetland studies.  All the waivers were granted with the exception of a waiver to upgrade the street by the property. 

            Melcher's land has no road frontage.  It is off a small lane.  The property has a right of way off Bella Vista Lane.  The township subdivision ordinance requires final plans to bring a private street up to public street standards. 

            If the waiver were to be granted, the supervisors were concerned it would set a precedent for other subdivision applicants.  Additionally, the supervisors were concerned the road, as it currently exists, cannot support a fire truck. 

            If the waiver is not negotiated, Melcher faces upgrading a lane that leads to her property.  It is approximately 1,000 feet.  The lane must be widened, as well.  The expense of paving a 1,000-foot driveway is exorbitant.  Currently, the lane is well-compacted with a stone base.

            Vice Chairman Moyer reminded residents the Eastern Berks Fire Company has begun its fund drive.  Moyer urged residents to donate generously to the all-volunteer fire company.  He said, "It is sowing your seed in good soil."

            On behalf of Washington Township Moyer thanked all the veterans in the township for their service.


 

 

 

 

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