Fate of solar panels at Lehigh Elementary in hands of judge

Sep 28 - McClatchy-Tribune Regional News - Arlene Martinez The Morning Call, Allentown, Pa.

Whether Northampton Area School District can build a solar farm to power Lehigh Elementary School is now in the hands of a judge.

Northampton County Judge Michael J. Koury on Tuesday heard arguments over an appeal filed by the school district and MetroTek, an alternative energy contractor based in Kunkletown that wants to build and operate the solar array.

Koury has 90 days from Sept. 6., the original date oral arguments were to have taken place, to render a ruling on whether to overturn a February decision by the Lehigh Township Zoning Hearing Board rejecting the plans.

In the meantime, both sides were asked to submit additional briefs clarifying their arguments in the case.

Reiner Jaeckle, MetroTek's chief operating officer, said Koury's decision is critical and will extend beyond the Northampton Area School District, which also is going to court over plans to build a solar system in Moore Township

The case "could be a precedent," Jaeckle said, paving the way for districts throughout the state to put up solar systems.

During arguments, Thomas Caffrey, solicitor for the zoning hearing board, said the application was rejected because the project, totaling 7,000 panels, was not customarily incidental to the elementary school.

In plain terms, that means that while a gymnasium or storage facility might be expected to be near a school, a solar system is not.

He also argued that a solar system is at odds with land's agricultural/rural residential zoning.

"What was the intent of the governing board when they created this [zone]?" said Caffrey, arguing it was to retain open space and maintain the area's rural character.

Attorney James Preston, who is representing the township, said the solar farm would not be an accessory use, but would be a "self-contained primary use" under the control of MetroTek.

"This is not a referendum on green energy," Preston said. "I'm saying it's not an accessory."

MetroTek attorney Christopher Spadoni accused zoners of making an "abuse of discretion and an error of law."

The solar system -- which will provide 100 percent of the elementary schools needs -- would not exist were it not for the school, Spadoni said.

"The court and the law needs to be elastic," Spadoni said.

Just because a solar system is something new doesn't mean it should be denied, he said, likening it to what faced towns when cars were first introduced.

Unlike other municipalities which do not have ordinances regulating solar energy, Lehigh Township does, and permits them in any zoning district provided they meet the requirements of that zone.

The issue then hinges on whether Koury decides it complements the school or is a separate operation on the property.

arlene.martinez@mcall.com

610-820-6530