Sample Solar Ordinances

Chester County Sample Solar Ordinances

As of July 2023, 42 Chester County municipalities have some form of solar energy regulations in place. Several municipalities also address additional types of clean energy such as wind and geothermal systems. The solar ordinances vary widely in their level of regulation and many address solar only as an accessory use and not as a principle use.*

The municipal ordinance examples below address both accessory use and principle use solar energy systems. They range from a very comprehensive regulatory approach (East Pikeland Township) to a more basic set of solar standards (Phoenixville Borough). If a municipality wants to encourage the use of solar, it is best to have clear regulatory guidance in place, assuming the regulations do not create unreasonable barriers for prospective applicants.

*See Regulating Power at the Municipal Level for more information on accessory vs. principle use solar energy systems.

East Pikeland Township — Solar and Wind Ordinance Standards

East Pikeland Township adopted a comprehensive set of solar and wind energy facility zoning standards in October 2022. Highlights of the standards include:

Accessory and principal solar and wind energy facilities are clearly defined.
Accessory solar and wind energy facilities are permitted by right as accessory structures in all zoning districts.
Principal solar or wind energy facilities are permitted either by-right or by conditional use depending on the specific type of facility and zoning district (e.g., roof mounted, on paved parking lots, free standing) in the following districts: Mixed-Use Development District, Commercial, Industrial, and Utility.
For the purpose of stormwater regulation, solar panels are not defined as impervious surface.**
Ordinance standards are provided for both accessory and principal solar and wind energy facilities. Conditional use performance regulations are provided for those principal energy uses permitted by Conditional Use.
Decommissioning standards are included for principal solar and wind energy facilities which are discontinued or abandoned.

East Pikeland Township Solar and Wind Energy Standards

The adopted standards in the context of the full zoning ordinance can be found on East Pikeland's website. Sections 1827 and 1828 contain the primary solar and wind regulations and related definitions are in Article II.

Kennett Township — Solar Energy Systems

Kennett Township adopted a fully updated zoning ordinance in February 2023. Article XIX Supplemental Use Standards addresses a number Renewable Energy Systems, including solar, wind and geothermal. The solar energy provisions are located in Section 240-1929.C.

Solar energy systems are permitted in all zoning districts as an accessory use. Ground mounted systems are permitted but are subject to conditional use approval in several specific districts (e.g., Village Districts).
Solar energy systems are only permitted as a conditional use in the LI Limited Industrial District as a principle use. (Note: Other municipalities may want to expand on where solar principle uses are permitted.)
The ordinance addresses glare but appropriately does not require a glare study.
Potential impacts on historic resources are addressed.
Ground mounted solar energy systems may be counted as pervious surface subject to the determination of the Township Engineer.**
Related Clean Energy System and Solar definitions are in Article II Terminology.

The full Zoning Ordinance is located on Kennett Township's website.

The website's Forms and Permits section also includes a Solar Permit Application.

Phoenixville Borough — Solar Energy Systems

Phoenixville Borough Zoning Ordinance (Section 27-608.2) includes basic solar energy provisions that address solar energy systems as both accessory and principle uses. Design and installation standards rely largely on the Uniform Construction Code and references to industry standards.

Section 27-202 includes definitions of Solar Energy and Solar Energy System. The definition of Impervious Surface does not include ground mounted and free standing solar collectors if "natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetated pervious surface."(** See Side Panel for more information on solar panels and impervious surface definitions.)

West Whiteland Township — Solar Energy Systems Zoning Ordinance

The purpose of these standards is "To provide a regulatory framework for the construction of solar energy systems in the Township, subject to reasonable restrictions intended to preserve the public health, safety, and welfare and to be consistent with the character of the Township."

The ordinance addresses both accessory use and principal use solar energy systems.
Accessory solar systems are permitted by right in all districts.
Principal use solar energy systems are permitted when allowed by the Zoning district in which the site is located.

The ordinance can be found online.

Utilities, Infrastructure & Energy

**An important note on Solar Panels and Impervious Surface Definitions

Ordinances vary widely in how they address the issue of impervious surface and ground mounted solar arrays. Under the mandatory definition of "impervious surface" in the 2022 County-wide Act 167 Stormwater Management Model Ordinance, freestanding or ground mounted solar panels are defined as pervious surface if the panels are located over preserved or restored vegetative cover as described below.

We highly recommend that impervious surface as it relates to solar panels be handled consistent with this definition. Note that lot coverage can be handled as a separate standard from impervious coverage.

Section 202 — Definitions

Impervious Surface — A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to: structures such as roofs, buildings, storage sheds; other solid, paved, or concrete areas such as streets, driveways, sidewalks, parking lots, patios, [decks, swimming pools see Note to Editor below], tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this Ordinance, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Uncompacted gravel areas with no vehicular traffic, such as gardens, walkways, or patios areas, shall be considered pervious per review by the Municipal Engineer. Surfaces that were designed to allow infiltration (i.e., pavers and areas of porous pavement) are not to be considered impervious surface if designed to function as a BMP per review by the Municipal Engineer. Additionally, for the purposes of determining compliance with this Ordinance, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered pervious so long as the designs note that natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetated pervious surface. [MANDATORY DEFINITION]

The full County-wide Act 167 Stormwater Management Plan and 2022 Model Ordinance Update can be viewed on the Chester County Water Resources Authority website which includes additional information about the model ordinance and timing requirements for adoption by county municipalities.