Developer Challenges Unity Zoning Board’s Denial of Solar Farm Project in Westmoreland Court

Developers of a proposed solar farm in Unity have appealed a 3-2 decision by the township zoning hearing board, which denied a special exception required for the project. The appeal, filed recently in Westmoreland County Court, argues that the board’s decision on December 18 was “arbitrary, capricious, and an abuse of discretion.”

Representing Portland, Oregon-based Ninemile Run Solar Master Tenant LLC, attorney Michael Korns from Pittsburgh stated that the board’s ruling was unsupported by township ordinances or the evidence presented during a lengthy four-part hearing that commenced on June 25. Korns contended that Ninemile Run’s rights to due process and an impartial decision-making process were violated. Ninemile Run is affiliated with GreenKey Solar.

Korns submitted the appeal on January 17 to comply with the 30-day deadline for contesting the zoning decision. He informed TribLive on Monday that he had received the zoning board’s written opinion explaining its decision and intended to file amendments to the Ninemile Run appeal to include additional information. However, he refrained from discussing further details regarding the legal action.

Unity Zoning Solicitor David DeRose noted that the 30-day appeal period begins when the opinion is issued, which occurred on January 17. The opinion, signed by chairperson Kathy Matta, indicated that the zoning board denied the special exception because GreenKey’s solar farm development would exceed the maximum allowed 20% “coverage” on the approximately 62-acre lot owned by Joseph Stas. Matta, along with board members Gabe Monzo and Dorothy Zello, voted to deny the exception, overruling fellow members Jackie Nindel and John Inselmini. The majority dismissed GreenKey’s claim that it would use about 10.65 acres, or slightly less than 17% of the property.

During the hearing, GreenKey representative Tracy Tackett argued that the coverage calculation should not consider the 12-foot gaps between rows of about 12,800 proposed solar panels. Instead, the board adopted the interpretation of township zoning officer Harry Hosack, who stated that the perimeter around the installed array should be measured, counting all the area inside as coverage. The board concluded that “development of a solar farm with a solar panel array should be viewed as a unit rather than as individual panels, thereby occupying more than 20% of the area in question.”

The board also remarked that GreenKey “should have followed through (as agreed upon) with a detailed site plan to address the questions and concerns raised during the zoning hearings regarding the exact location of the solar panel arrays, the fencing to be installed, the size and scope of the solar panel arrays, and the location of the driveway and access points.” Tackett explained that such detailed drawings are typically not required at the initial zoning approval stage but would be submitted later during the land development plan approval process. The zoning board indicated that it expected a more detailed site plan to be provided for the final December 18 hearing, adding that “the applicant did not object to producing such a plan.”

Looking ahead, during their meeting on Thursday, the Unity supervisors are expected to discuss proposed changes to township regulations. These changes would not impact the GreenKey appeal but would establish new guidelines for future solar arrays. Under the proposed ordinance amendment, solar farms would no longer be permitted in Unity’s agricultural zone but would be allowed only in a conservation zone along the township’s eastern border. Additionally, any structure or equipment associated with the operation of a solar farm must be at least 500 feet from any adjoining lot, an increase from the current 100-foot setback.

The revised ordinance also outlines other requirements that the zoning board found missing in the GreenKey proposal: a scaled drawing of the site prepared by a surveyor that shows the solar farm’s operational area, and a “coverage area” measured along the perimeter of all solar panels, buildings, substations, or other accessory structures. On Thursday, the supervisors are also expected to vote on revised guidelines for student housing and the use of all-terrain vehicles on off-road trails.

For more than three decades, Jeff Himler has reported on various community issues, serving as a reporter for TribLive covering Greater Latrobe, Ligonier Valley, Mt. Pleasant Area, and Derry Area school districts. He can be reached at jhimler@triblive.com.