Wattsburg solar farm battle not done yet. Developer appeals decision blocking construction

WATTSBURG — A development company has appealed Venango Township's denial of its conditional use application to build a 902-acre, 80-megawatt solar farm in the township.

Wilson Solar LLC filed the appeal in the Erie County Court of Common Pleas on Wednesday.

The company also has submitted a new conditional use application to Venango Township. The application is for the construction of a 336-acre, 80-megawatt solar farm.

The court appeal

Attorneys for Wilson Solar are asking the court to reverse Venango Township supervisors' Jan. 8 decision denying the company's conditional use application and enter an order approving it.

The company claims that the decision was "arbitrary, capricious, constituted an abuse of discretion and an error of law," according to the appeal.

Solar energy developments are permitted in agricultural and industrial districts in the township, and Wilson Solar provided "substantial evidence" that its project "satisfied all of the specific objective requirements of the Township's Zoning Ordinance and the Solar Ordinance," according to the appeal.

"An applicant is entitled to a conditional use as a matter of right" if it meets those requirements, lawyers for the company said in the appeal.

Supervisors denied the company's application after public opposition to the proposed solar farm. Chief among residents' objections to the project were that the solar farm would destroy the area's rural character and reduce neighboring property values.

Venango supervisors cited the concerns about property values in their decision to deny Wilson Solar's application. But the township does not require conditional use applicants to prove that their project would not negatively affect neighboring property values, according to the appeal.

Despite that, Wilson Solar presented detailed plans to screen the project as well as "uncontroverted expert testimony" that the solar farm would have no negative effect on property values, according to the appeal.

"The Objectors failed to present any expert testimony to demonstrate that property values would be negatively impacted," lawyers for the company said, and presented only "speculation, bald assertions, and personal opinions."

Residents also objected to the removal of more than 100 acres of trees for solar farm construction, but the township does not prohibit tree removal on private property and it is not grounds for denying the company's application, according to the appeal.

Residents also raised concerns about the potential for solar panel fires, noise from solar components and the aesthetics of the development. But they provided no evidence that the project would pose a threat to the general welfare of the community, as required by law, lawyers said.

"Accordingly, a conditional use that satisfies the objective standards of a zoning ordinance must be granted unless opponents present sufficient evidence that the use will generate adverse impacts not normally generated by this type of use and these impacts will pose a substantial threat to the health and safety of the community," according to the appeal.

The appeal contends that supervisors violated Wilson Solar's rights to due process, failed to support their decision with substantial evidence and failed to apply appropriate legal standards in denying the company's application.

Pittsburgh and Harrisburg lawyers are representing Wilson Solar in the appeal.

Venango Township will have time to reply before the court holds a hearing on the case.

The new application

The conditional use application submitted to Venango Township by Wilson Solar on Feb. 2 is for a smaller solar farm on approximately 1,100 acres that it plans to lease or buy along Wattsburg, Jones, Hill and Fritz roads.

"The Project is carefully designed to reduce any negative aesthetic impact," according to the application, with solar panels to be placed on 336 acres, "leaving plenty of land to screen and buffer" them from view.

The company's original application proposed solar panels on 902 acres.

The reconfigured project no longer includes two residential properties that Wilson Solar planned to lease or buy for the solar farm. Venango Township supervisors denied its request to rezone the properties.

The proposed 80-megawatt solar farm would generate electricity for Pennsylvania Electric Company customers. A substation would be built to along Route 8 to convert energy produced into electricity for the grid.

The Venango Township Planning Commission will consider the application and recommend its approval or denial. Planners in August initially recommended approval of Wilson Solar's first application, then reversed their decision in November.

Township supervisors again will make the final decision on the application.

Contact Valerie Myers at vmyers@timesnews.com.

This article originally appeared on Erie Times-News: Developer appeals decision blocking proposed Wattsburg area solar farm