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Commission flags legal and technical issues in Greenwood Township's proposed solar ordinance
Summary
Staff recommended nine edits to Greenwood Township's proposed solar rules, urging clarity on whether the ordinance amends zoning or is a standalone police-power ordinance, softer enforcement than criminal penalties, escrow/dispute procedures, clearer noise language, and caution about a broad ban on solar on prime farmland.
Perry County planning staff recommended changes to Greenwood Township's proposed solar ordinance and asked the commission to authorize a letter outlining the edits.
The staff member told commissioners the draft ordinance did not clearly state whether it would amend the township zoning ordinance or operate as a standalone police-power ordinance, and that the draft referenced statutory language (the transcript cited "Pennsylvania ag") without relying on the Pennsylvania Municipalities Planning Code as the enabling law. Staff recommended the township consider the Tri County Regional Planning Commission's model solar ordinance in its planning toolkit.
Key concerns staff identified included potentially excessive setbacks (the draft cited 300 feet from dwellings and 500 feet from schools and parks), criminal penalties (staff recommended civil enforcement and administrative penalties rather than jail), missing escrow and dispute-fee procedures for conditional-use or police-power reviews, and vague noise provisions that left acceptability to an unspecified engineer.
Staff also warned that a broad prohibition on large-scale solar on prime farmland (classes 1'3) could be vulnerable to legal challenge as exclusionary if it effectively barred solar townshipwide; staff suggested allowing some flexibility (for example, conditional use in certain agricultural districts or allowing solar on class 3 soils) so the ordinance would better balance agricultural protection and renewable-energy goals.
Commission members asked clarifying questions about prime-farmland designations and suggested edits. The commission voted to authorize staff to send the written review to Greenwood Township with the recommended clarifications.
Next step: staff will finalize and transmit the review letter to Greenwood Township. The commission did not adopt any ordinance language; it only authorized the review letter.
