Millcreek Township approves zoning amendment on solar energy systems

This article was funded by LebTown donors as part of our Civic Impact Reporting Project.

Solar energy systems for homeowners are now less restrictive in Millcreek Township, as supervisors unanimously approved a zoning amendment on July 8. 

Changes make it easier for homeowners to install rooftop solar panels or ground-mounted systems. The new ordinance amendment alters the setback requirements and applies to all sides of a property. 

Ground-mounted solar energy systems and related equipment are not to be located in the front yard or within 10 feet of a side lot line. A ground-mounted solar energy system is not permitted within 15 feet of a rear lot line.

Prior legislation on solar energy systems had a minimum setback of 5 feet from any lot line.

Another amendment change is the maximum lot coverage of solar collectors and support structures on the ground. Ground-mounted solar energy systems and accessories  have a maximum lot coverage not to exceed 25% of the remaining lot area of the property. 

The new amendment also includes the maximum lot coverage of solar collectors and support structures on roofs not to exceed Lebanon County building code stipulations. 

The amendment comes as Millcreek was considered one of the toughest on solar energy use in Lebanon County.  

In June, township solicitor Andrew Morrow of Spitler, Kilgore & Enck PC Law Firm, said the comments from the Lebanon County Planning Commission included the previous requirement as overly restrictive, and “by far the most restrictive in the county.” He also said the previous regulations were “rigid to the point where it was virtually impossible for anyone to be able to comply.”

Also during the solicitor’s report, Morrow introduced an agricultural security application submitted by Jeffery and Lucinda Newswanger to preserve 122 acres at 563 State Route 419, Newmanstown. 

Under state law, individuals can have their farms added to an established agricultural security area. Morrow said there are various purposes for an agricultural security area. The first purpose was to encourage landowners to make long-term commitments to agriculture by offering financial incentives. Another purpose is security, protecting farming operations in agricultural areas from incompatible non-farm uses.

In accordance with state law, Morrow said Millcreek must wait 180 days from the date of application submission to see if anyone objects. If there’s no formal objection by then, the application is approved. The application was submitted on June 30, Morrow said. 

Morrow said he would prepare a deemed approval resolution at the first meeting after 180 days. In this case, Morrow said it would occur at the January 2027 reorganizational meeting, because the 180 days expires at the end of December.

“It’s really to focus on having certain land remain agricultural,” Morrow said. “That’s the purpose of this.”

Additional action items

Supervisors voted unanimously on the following items: 

• Authorized deferring a final subdivision plan to Jackson Township submitted by Jonas and Katie Zook to subdivide a 35.882-acre parcel used for agricultural purposes at 190 Elco Drive, Myerstown. There are 8.17 acres in Millcreek and 27.13 acres in Jackson. 
• Authorized the solicitor to forward a working draft ordinance on dog kennels to the Millcreek Township Planning Commission for review and feedback. 
• An $80,091 general fund purchase of a 2027 Ford F350 pickup truck to replace its 2005 pickup truck. Road foreman Ryan Risser said the only difference is the new truck will have four doors instead of two and will be ready by Thanksgiving.
• Awarded the line painting bid to Lincoln Pavement Services Inc. of Denver for $18,918. Liquid fuels funds will be used for this bid. 
• Approved a $360 general fund purchase of 20 traffic safety cones for Newmanstown Fire Company from Main Stream Industries in Bernville.