Considering “Zoning” Through Standalone Ordinances? Think Twice! 

If your municipality is facing potentially controversial land use projects such as solar and wind farms, but you do not have zoning or subdivision and land development ordinances, please be careful before adopting an ordinance that attempts to regulate various aspects of that land use. Remember that under Pennsylvania law, if a municipality does not have a zoning ordinance, it cannot impose restrictions on what land uses exist and where within its borders.  

Municipalities that are considering (or have adopted) non-zoning ordinances/SALDOs that are intended to impose extreme significant setbacks and/or annual permitting fees, among other things, through “standalone” ordinances should consult an experienced municipal land use attorney to discuss the risks and rewards and to avoid costly legal challenges. Click here to watch more information from “Township Talks” on this topic.