Union Township Zoning Hearing Board grants special exception for solar energy systems
UNION — At the end of a meeting that lasted three hours and 40 minutes, members of the Union Township Zoning Hearing Board approved a request for zoning for two solar energy systems on Old Wattsburg Road.
By a 3-0 vote, Zoning Hearing Board members Kris Parkhurst, Don Mosher and Linda Shreve approved applications for special exception by Sunrise Old Wattsburg Road LLC for property at 15850 Old Wattsburg Road, seeking a special exception for a Principal Solar Energy (PSES) System in the R-1 Rural Residential District, and Sunrise Rockwood Solar LLC for property at 15850 Old Wattsburg Road, seeking a special exception for a Principal Solar Energy System in the R-1 Rural Residential District.
The property on Old Wattsburg Road is owned by Gregory Rockwood Jr., 8304 Route 97, Union City. Each proposed PSES would be an approximate 20-acre solar energy system on a total 50.8-acre parcel.
Attorney Lydia Caparosa of McDonald Illig Jones and Britton LLP represented the township Zoning Hearing Board, and Attorney Nathaniel Boring of Sherrard, German and Kelly, P.C., represented Principal Solar Energy System.
The Union Township supervisors amended the Union Township Zoning Ordinance on Jan. 4, 2021, to set forth requirements for solar energy systems. The ordinance was amended in May 2024.
According to Article 11, Section 1103.5 of the ordinance, Principal Solar Energy Systems Permit Requirements, is hereby amended to add the following requirements: “Unless specifically exempted by this Ordinance, the PSES applicant shall submit a land development plan that demonstrates compliance with this Ordinance and the Erie County Subdivision and Land Development Ordinance.”
Caparosa told the audience of about 60 people that the supervisors provided for a special exception, but the applicant must come before the Zoning Board to prove they meet all criteria.
“If they meet all criteria, the board has no basis to deny it (the request),” Caparosa said.
Boring and David Hammrick, president of Principal Energy Solar System, fielded several questions and opinions from residents, some of whose property abuts the property at 15850 Old Wattsburg Road.
State Rep. Jake Banta, R-4th, who opposes the project, was the first to speak.
“Solar panels – some are made in the United States, some in China, some are made in the Congo,” Banta said, citing child labor is used. “The inverters can catch fire.”
He asked if the fire department is qualified to put a solar panel fire out. Hammrick did not have a solid answer on if the fire department is qualified for a fire pertaining to solar energy systems, but said they should be no less qualified than fighting other fires.
He also asked about noise pollution.
“Within 100 feet, the (noise level) is below 40 decibels,” Hammrick said, adding that 60 decibels are the level of a heat pump.
He said buffers could be added.
“What’s in the panel?” Banta asked.
“Silicone; sand that’s been purified,” Hammrick said.
“Is there anything toxic? Banta asked.
“No,” Hammrick replied.
“Putting this in fields is taking up valuable farm land,” Banta said.
Thomas Weilacher asked about water runoff.
Hammrick said PSES has been working with the Erie County Conservation District, which has rules and regulations concerning runoff.
“We comply with those,” Hammrick said.
Hammrick said local people are hired to maintain the system once it is constructed. He said the construction workers contribute to the local economy while they are in the area. He said, at one stie, $100,000 worth of shrubbery was purchased from a local business.
Shreve asked about tax benefits.
“The appraised value is likely to double taxes on the property,” Hammrick said.
Resident Cindy Wells said the township real estate taxes for the Rockwood property for 2025 were $68.64.
Wells also asked what type of equipment would be on the local roads during construction.
Hammrick said there would be semis on the roads during the construction phase, which would take five to six months.
David Woods drew applause from the audience when he said he would like to see a
a consolidated map of solar farms in Erie County – a map to show the location of all the solar farms.
He asked about the effect solar farms have on property values.
“What is the value?” he asked.” Is it going to come up or go down?”
Shreve said they were there for the two properties on Old Wattsburg Road, not about property values.
Boring said Woods’ question was not a valid question when it comes to zoning.
Resident Kim Thomas also drew applause when she read a narrative stating that solar farms have a negative effect on communities.
“They would drastically affect property values,” Thomas said. “Solar panels in fields would force farmers out of the area.”
Hammrick also said the project would be decommissioned in 30 years and the solar panel system could be tore down – but not necessarily.
“Thirty years is the warranted life,” Hammrick said.
Hammrick said Sunrise Energy systems LLC constructs the project and then would “typically sell the project” to an investor.
“We build it; we don’t provide the money for it; any number of sources, banks or investors (could buy it),” he said.
Also, the solar energy is delivered to Penelec (FirstEnergy) and they would distribute it. Hammrick said Penelec would purchase the electricity; it would all be distributed, but primarily there is no onsite use.
Following a 30-minute executive session, members of the Zoning Hearing Board unanimously approved the applications contingent upon the following conditions:
· Decommission Agreement –must be recorded with the Recorder of Deeds Office and would bind the successor owner;
· Fire and emergency –PSES must cooperate with emergency services to coordinate and implement an emergency response plan;
· Shrubs and planting – The planting requirement would be waived if other trees are there; if trees are removed, they need to install a buffer;
· Shrubs –If shrubs die, they need to be replaced;
· Fencing – Fence must be slatted;
· Contact person –The name and phone number of a contact person must be posted on the fence;
· Stormwater management – there must be compliance with all other township, county and state requirements for stormwater management and land development and Department of Environment Protection requirements.
After the approval, Parkhurst, who is chairman of the Zoning Hearing Board, said the ordinance is there for a reason.
“They met all the criteria,” Parkhurst said.
Shreve said it was a good meeting.
“Everybody learned something, and change is hard,” Shreve said.
Mosher said the ordinance could be amended.
“If everybody here would like to come to the next supervisors’ meeting, they could get the ordinance changed,” Mosher said.
Nathan Shontz lives in Union City Borough, not Union Township, but he has friends and family who live in the township. He believes there were a few concerns residents had that did not get concrete answers.
“There are a few more uncertainties. I feel bad for one gentleman whose property abuts the property and could potentially be affected,” Shontz said. “I am incredibly proud of the community. We are all a part of showing our strength in numbers and unity.
“I hope for the best for our local community and hope everybody keeps fighting for their beliefs.”
Even though Shontz does not live in the township, he opposes the solar project because of the negative impact it could have on real estate values, which are vital to any community, he said.