Why Fayette commissioners have been silent about the solar farm
It has come to our attention that questions have been raised as to why members of the Fayette County Board of Commissioners have made no public statements expressing their position regarding a proposal to develop a solar farm in Georges Township near the Albert Gallatin Area School District property. There is a simple, but very important reason for this.
The solar farm proposal involves a request for a special exception under the Fayette County zoning ordinance. Under that ordinance and the applicable Pennsylvania zoning law, the Fayette County Zoning Hearing Board is charged with hearing the matter and rendering a decision, either granting the requested special exception, or denying it.
In making a decision, the Fayette County Zoning Hearing Board acts as a quasi-judicial body that must by law afford all concerned procedural due process. What this means is that the zoning hearing board must base its decision solely on the law and the testimony and evidence presented before it. This is required by the applicable law and by the constitutions of Pennsylvania and the United States.
It would not be appropriate for the Fayette County commissioners to make any public statements that could have the effect of influencing one way or another the deliberations of the zoning hearing board. Although the commissioners appoint the members of the zoning hearing board, once appointed, the zoning hearing board must function independently in order to provide a fair process to all concerned. Accordingly, as the legal advisors to the Fayette County commissioners, we advise them in these situations to refrain from making any public comments concerning pending matters before the zoning hearing board.
We hope that this statement clears up any confusion regarding the role of the county commissioners in the pending matter.
John M. Purcell
Sheryl R. Heid
Uniontown
John M. Purcell is the chief solicitor for Fayette County. Sheryl R. Heid is solicitor for Fayette County.