West Lampeter Solar 1 Llc V West Lampeter Twp Zhb West Lampeter Twp

Key Facts

Issues

• The second issue involved the Zoning Ordinance’s restriction on nonagricultural uses to a maximum of five acres in the Agricultural District. Applicant’s proposed 25- to 30-acre solar farm was deemed nonagricultural, as electricity generation is the principal use. The court affirmed the trial court’s decision that the project violated the size limitation, as solar energy generation is not an agricultural use and thus cannot exceed five acres under Section 285-35.B(3).
• Applicant argued that the Zoning Board erred by classifying the solar farm as the principal use and sheep grazing as an accessory use. The court upheld the Zoning Board’s determination that electricity generation is the dominant use, rendering sheep grazing subordinate. The court distinguished this case from *H.E. Rohrer, Inc.*, noting that the Zoning Ordinance permits only one principal use per parcel and does not authorize dual uses unless explicitly allowed. The 25-acre solar farm exceeded the nonagricultural use limit regardless of the grazing component.
• The court addressed whether agrivoltaics—a dual use of land for both solar energy generation and agriculture—qualifies as an agricultural use under the West Lampeter Township Zoning Ordinance. The Zoning Board and trial court concluded that photovoltaic energy generation does not meet the definition of agriculture, as it is not connected to the commercial production or preparation of agricultural products. Applicant argued agrivoltaics is a technological development within the agricultural industry, but the court rejected this, emphasizing that electricity generation remains the principal nonagricultural use.

Holdings

• Agrivoltaics is not an agricultural use under the Zoning Ordinance.
• The solar farm is the principal use, not a dual agricultural use.
• The proposed 25-acre solar farm exceeds the nonagricultural use size limit in the Agricultural District.

Remedies

Legal Principles

• The court held that undefined terms in the Zoning Ordinance must be given their plain and ordinary meaning, referencing the dictionary definition of 'agriculture' as 'the science, art, or practice of cultivating the soil, producing crops, and raising livestock.' This approach was used to determine that photovoltaic energy generation does not qualify as an agricultural use under the ordinance.
• The court examined the purpose of the Agricultural District, which is to preserve agricultural activities and limit nonagricultural uses to five acres. It concluded that allowing a 25-acre solar farm, even with sheep grazing, would undermine the district's goal of protecting viable agricultural land and its economy.

Precedent Name

Cited Statute

• Pennsylvania Municipalities Planning Code (MPC)
• Right to Farm Act of Pennsylvania
• Farm Safety and Occupational Health Act of 1994
• Agricultural Development Act of Pennsylvania

Judge Name

• Mary Hannah Leavitt
• Michael H. Wojcik
• Renee Cohn Jubelirer

Passage Text

• Agrivoltaics is the installation of solar panels for the generation of electricity and the conduct of an agricultural operation underneath the solar panels. Notably, the energy generated by the solar panels will not be used to prepare and market any crop or livestock products.
• Photovoltaic energy generation is a 'nonagricultural use' and cannot exceed five acres. Applicant's 25-acre solar farm exceeds this limit.
• Applicant's principal use will be the production of electricity, not sheep-grazing. In any case, in the Agricultural District, a nonagricultural use, whether principal or accessory, cannot exceed five acres.