SHEPTON – A solar power project in the valley was close to becoming a reality, but the plan has stalled after town supervisors said it was too close to the property line. Property owners claim it is more than 400 meters away.
New Leaf Energy is proposing a solar farm planned for the Austra property at 129 Phineyville Road.
The problem facing the 33-acre solar farm is setback requirements. East Union Township requires solar farms to be set back 100 yards from property lines.
Nathan C. Favreau, the town’s attorney, said the plan uses a 35-yard setback instead.
However, that measurement is from the street, not from the property line as required by ordinance.
Property owner Amy Austra Garness told the board the property line is not a road. The 100-acre property is spread out on both sides of Phinneyville Road, she said.
According to the Schuylkill County Parcel Locator, the river runs from south of Mount Shepton to Catawissa Creek.
She said the property has two lot numbers assigned, but it’s one deed.
New Leaf representatives at the meeting said pushing the farm back to accommodate the setbacks would require a complete redesign of the project if the road were to be considered its own property.
“If you read the description of the property in the deed, you know it’s one property,” Austra Garnes said.
“The zoning ordinance specifies a 100-foot setback from the property line,” Stephen Garness said. “Not from the town right-of-way, not from the roads.”
“This started two years ago,” Austra Garnes said. “You’re finally asking us to scrap the whole plan and start over. That’s not fair.”
According to plans submitted to the Schuylkill County Planning Commission, the scope of the project is well within the setback requirements of each actual property line. It is approximately 300 yards from the south property line and approximately 150 yards from the north property line.
After an hour and a half of discussion, supervisors voted to approve three planning exemption applications related to how the plans were submitted and to approve the driveway angle being 60 degrees instead of 90 degrees.
Regarding the vote to approve the land development plan, Supervisors Kyle Mamie and Wendy Dancision said they believe the plan needs to go to a zoning public hearing before it can be approved.
Supervisors voted 2-0, with Jill Kareiva abstaining, to defer the matter until it is considered by the Zoning Board of Hearings.
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About the author
Kaylee Lindenmuth
Kaylee Lindenmuth is a Shenandoah native with a passion for journalism and the community she calls home.
