Potential solar farms would be confined to the eastern edge of Unity, in the vicinity of Chestnut Ridge, under a zoning ordinance amendment proposed by township officials.
If approved, the change wouldn't affect the existing case of Joseph Stas and GreenKey Solar, whose plan to develop a solar panel array on Stas's agriculturally zoned property along Charles Houck Road was nixed in December by a 3-2 vote of the township zoning hearing board.
An official opinion in that case is pending from the board's solicitor, David DeRose. Near the end of at least a dozen hours of testimony, the developer and township officials clashed on determining if the facility would exceed space restrictions for the site.
Several nearby residents also expressed concern that the solar installation would negatively affect their property values.
Under the revamped Unity ordinance, a solar farm would be permitted only in the township's conservation zoning district along its eastern border. Currently, it also can be located in the agricultural district.
Regardless of the location, a solar farm requires approval as a special exception from the zoning hearing board.
"Many of our agricultural zones abut residential properties, and that has created a problem," township supervisors Chairman Mike O'Barto said of local concern about solar farms. "You can't zone them out of your township. What you have to do is have zoning ordinances that protect your residents, especially the people who live on neighboring properties."
In another change, any structure or equipment involved in operation of a solar farm must be located at least 500 feet from any adjoining lot -- an increase from the current 100-foot setback.
The "coverage area" of a solar farm on a given property is a term whose meaning was debated during the hearing for the proposed Charles Houck Road site.
The revised ordinance provides a more extensive description, indicating the coverage area would be determined by measuring along the perimeter of all solar panels, buildings, substations or other accessory structures, without regard to any distances in between them.
The amended ordinance also requires that the application for a special exception be accompanied by a scaled drawing of the site that is prepared by a surveyor and shows the solar farm's operating area. The operating area must be enclosed by a gated fence at least 8 feet high and topped with barbed wire.
Submission of a land development plan for a solar farm would include a plan for eventual decommissioning and disposal of the equipment.
The proposed ordinance holds the developer of a solar farm and the owner of the property where it is located both responsible for decommissioning and removing the array within a year of the end of its useful life.
The township would require an annual inspection report, reports of any damage and the ability to conduct its own inspections and testing of soil for possible toxins.
In its review of the ordinance, the township planning commission recommended that the owner of the solar farm provide the township an updated estimate every three years for the costs of decommissioning and removing the equipment.
The planning board also suggested that, in meeting the minimum 50-acre lot required for a solar farm, the developer should not include any part of a property that is separated from the solar array by a road.
Additional proposed ordinance updates touch on other issues that have sparked controversy: use of all-terrain vehicles on off-road trails and student housing regulations.
The public will have a chance to weigh in on the ordinance amendments at a hearing before the supervisors set for 6 p.m. Jan. 21.
ATV trails addressed
The revamped ordinance defines a motorized vehicle trail as one formed solely by the repetitive use of motorcycles, dirt bikes, quads or other off-road vehicles.
According to other proposed provisions, the trail must be located on at least 30 acres of land that is owned by individuals rather than a business entity. It must be set back at least 100 feet from any property line, may not cross a public road and may not include man-made alterations such as jumps or moguls.
Vehicles used on the trail must have mufflers that would limit noise to no more than 65 decibels at the property line, which is an existing Unity regulation. Township Solicitor Gary Falatovich has said that is equivalent to the noise of a lawn mower.
The vehicles could be operated for up to two hours between 10 a.m. and 7 p.m., or dusk, Monday through Saturday.
The trails would be allowed as a special exception in either the agricultural or conservation zoning districts.
The planning commission additionally recommended that the special exception be granted for no more than 10 years or until the property is transferred to another party, whichever occurs first.
The supervisors in September rejected an alternate version of the ordinance proposed by Myers Road resident Keith Fulton in order to allow Falatovich to work with township staffers to draft more comprehensive language.
Fulton proposed a minimum lot size of 15 acres for an off-road trail.
According to Fulton, his family had been riding ATVs and dirt bikes on their agriculturally-zoned, 34-acre property until October 2023, when they were notified that the noise violates the existing township ordinance. The township zoning hearing board denied his request for a special exception to allow his family to continue riding on their land.
In a packed July hearing before the supervisors, neighbors complained that they hear the dirt bike noise in their homes and that it impacts their quality of life.
Falatovich has referred to problems that occurred in the township prior to the case involving the Fultons.
"People were cutting trails in a more residential zoning district and putting in jumps," the solicitor said. "There were problems with dust and dirt, and hours and the numbers of people on the track. It was almost turning into a party-type of event and was creating difficulties for adjoining residential property owners."
"For anybody who wants to ride a quad on their own property, we're trying to come up with an ordinance that would hopefully make everybody happy," O'Barto said.
Residential revisions
Other sections of the proposed ordinance amendment would lengthen the minimum spacing between student homes from 500 feet to 1,250 feet and would prohibit people from taking up residence in recreational vehicles or utility, commercial or travel trailers -- which could not be stored in front yards.