DAMASCUS TOWNSHIP, PA — Damascus Township is updating its zoning that regulates alternate energy development, such as solar farms, windmills, and geothermal systems.

The township supervisors are working with the planning commission on the update. The public is invited to weigh in on the proposed changes at a hearing to be held at 6 p.m. on Monday, April 22, at the Damascus Township Municipal Building, 60 Conklin Hill Road.

The update includes detailed requirements for the permitting, maintenance, and regular inspection of energy systems. It also updates setbacks and design and visibility requirements.

Here are some highlights:

• Ground-mounted solar energy systems will be allowed only at the side or rear of the principal permitted structure.
• For systems with less than 35 kW per-hour output, components must be at least 30 feet from any property line and 50 feet from any environmentally sensitive area. 
• For systems exceeding 35 kW per-hour output, components must be at least 300 feet from any residence, 100 feet from any public right-of-way, 100 feet from any side or rear property line, and 50 feet from any environmentally sensitive area. Noise abatement is required if its components are located within 500 feet of any residence, school, or religious facility.
• Ground-mounted solar systems will require screening with plantings; the type of vegetation and planting layout are subject to the supervisors’ approval.
• No system shall cover more than 40 percent of the property.
• Tree cutting shall not exceed 25 percent of the total ground cover of the property. 
• The entire compound shall be enclosed by a security fence at least eight feet high.
• Any system that falls below 75 percent of its initial outlet must be repaired, replaced or removed.

Read the township’s alternate energy amendment and proposed updates.

An end to solar company’s lawsuit?

In a related matter, supervisors signed a stipulation agreement on March 21 to end a lawsuit brought by the renewable energy company Tyler Hill Solar LLC.

Tyler Hill, represented by the law firm Chariton & Malak, also signed the agreement. The company sued the Damascus supervisors in the Court of Common Pleas of Wayne County after the supervisors denied its application to build a 5-megawatt AC fixed-tilt solar panel system, enough energy to power 1,000 homes, on 21.6 acres off Cochecton Turnpike.

The supervisors said Tyler Hill’s application was incomplete: It lacked a drainage and stormwater management plan; a certification of feasibility; and a letter from each utility company that serves the property, confirming its awareness of the project. Chariton & Malak did not reply to a request for clarification.

The township’s land development ordinance lays out what must be included in every application. Stormwater plans, for example, must detail how the developer will manage runoff, erosion and sedimentation problems. A letter from the Wayne County Conservation District can typically address this requirement.

The agreement says that because both sides “wish to amicably resolve and settle the appeal,” they have agreed to the following:

• Tyler Hill has been granted conditional approval to build the project. This approval requires the submission of various items requested by the township’s zoning officer, Ed Lagarenne, on June 20, 2023.
• When all of the documents are submitted, there may be a public meeting to address the land development and stormwater issues brought forward by Lagarenne.
• Neither side is admitting the correctness of the other’s position.

In other business

Road crew hire: Supervisors will hold a special meeting on March 25 at 7 a.m. to discuss hiring a road crew worker and the pay rate.

Darby Hotel: The Darby Hotel paid a fine for its violation of working without a permit. The project now has a permit.

Native plants: Native grasses are being tested at the Milanville Ranger Station of the National Park Service, located at 1152 River Road.

Constables: Constable Christopher Lee spoke about the role of constables in Pennsylvania and their campaign to correct misconceptions. Constables are peace officers who can make arrests for misdemeanors and felonies and can enforce ordinances. They are not “independent contractors” and are included in the definition of a police officer. They receive training and certification through the PA Commission on Crime and Delinquency, and are exempt from obtaining a license to carry firearms. The PA Fraternal Order of Constables is working to educate the public about their duties and responsibilities.

Damascus Manor Community Center: The last Recycle Saturday on March 9 was successful. The program continues from May to September.

Game Day: Twelve to 15 people came out to the last Game Day of the season on March 10. Game Day is held on selected Sundays during the winter.

Maple Producers: The NEPA Maple Producers Association were highlighted at the annual Damascus Community Center Pancake Breakfast on March 16. The association held a series of events that same weekend.

Subdivision: Supervisors approved the subdivision of two parcels on Beach Lake Highway/Milanville Road to help settle the estate for its heirs. 

Word of thanks: Pete Casazza, a local school teacher, thanked the board for their years of service and noted the importance of local government in our lives.

Editor's note: This story has been updated with new information about and a link to the stipulation agreement.