Franklin Township has taken action to ensure no future solar farms are proposed in the township.

By a 2-0 vote, township supervisors on Tuesday adopted a resolution. Supervisor Leroy Kemmerer Jr. was absent.

The resolution declares the township’s zoning ordinance of 1972 as amended invalid, and proposes a curative amendment to overcome the invalidity.

Township solicitor Tom Nanovic said, “That would prevent anyone from coming in and proposing a solar farm on another property. This would protect us from that happening.”

Nanovic said the township would then have 180 days to adopt a curative amendment, “which hopefully we have it well before that because we have a real jump on it right now.

“There’s really no downside to it, and it prevents us from ending up with solar farms in yet another zoning district that we didn’t expect.”

Nanovic noted this wouldn’t affect the agricultural or industrial zones, nor would it affect the request that Sanik Solar LLC recently filed.

Last month, supervisors continued a request for another solar farm in the township.

At that time, supervisors held a curative amendment hearing from Allentown-based Sanik Solar, which creates solar farms.

The applicant, Sanik Solar, is looking to put a solar field on property off Renner Road leased to the company by Carl and Marie Bieling.

Sanik Solar requested the curative amendment hearing because it’s challenging the validity of the zoning ordinance. The solar company says it allegedly contains no provisions for solar energy production facilities in any of the zoning districts.

The company desires to develop a solar energy production facility/solar farm on property at 390-400 Indian Hill Road.

Sanik Solar provided the township with a proposed curative amendment entitled “an ordinance amending the township’s zoning ordinance to set forth requirements for solar energy systems.”

After a brief executive session, the board motioned to declare the zoning ordinance defective. Board Chairman Fred Kemmerer Jr. and Supervisor Leroy Kemmerer Jr. voted in favor.

Supervisor Robin Cressley, the third member of the board of supervisors, sat in the audience, and not with the board, since he is a neighboring property owner for where the solar farm is proposed.

The township’s zoning ordinance was adopted in 1972 and hasn’t been updated despite the planning commission having reviewed a proposed update to the ordinance last year that outlined solar.

Supervisors had submitted a June 2023 draft for a zoning ordinance amendment, which would have updated the 1972 ordinance.

In the Carbon County Planning Commission’s review, county planner Ivan O. Meixell Jr. had written that the draft ordinance and maps would allow for approval for the plan. However, since that amendment was never adopted, Sanik Solar believes the township is in violation of Pennsylvania law.

Sanik Solar also said that an ordinance that does not provide this information is considered unconstitutional and in violation of the Pennsylvania Municipalities Planning Code.

As a result, the Bielings and Sanik Solar challenged the validity of the zoning ordinance.

After hearing testimony, the board agreed to hold a workshop Oct. 1.

The hearing has been continued until 6:30 p.m. Dec. 3, and the applicant is waiving any deadlines for the board to conduct any further hearings or make any decision until at least that time.

Also on the solar farm front, supervisors on a unanimous measure in August granted the Lehighton Site LLC (Bollinger Solar Farm) land development plan conditional approval.

Earlier, the board approved an additional waiver request from Bollinger Solar LLC with regard to erosion and sediment controls and plan requirements. Conditions are as follows: under the subdivision and land development ordinance in Carbon Engineering Inc.’s letter dated Aug. 8, all waiver requests requested, along with the date they were granted or denied by the board of supervisors, should be indicated in the plans; under subdivision and land development ordinance in Carbon Engineering’s letter dated Aug. 8, specifically clear sight triangles at intersections, the plan should be updated with the required information; and the proposed use is not listed as a use permitted in the I-Industrial zoning district, township zoning ordinance of 1972, as amended. Approval is conditioned upon obtaining all necessary zoning permits and approvals necessary for the proposed use.

Lehighton Site plans to build a solar farm at 208 Memorial Drive.

The location is about 9 acres and would hold around 8,000 solar panels.

In July, supervisors granted a pair of waiver requests for that plan.