Council approves advertisement of solar facility decommissioning bond ordinance with amendment

The Borough of New Freedom council voted to advertise an ordinance that would add a chapter to the borough zoning code defining “solar energy facilities” and requiring decommissioning bonds. Councilors discussed timing for bond replacement, security adjustments and whether the ordinance should specify a process for calling existing financial security if revised estimates show a higher decommissioning cost.

Council members said the land development plan for an existing solar project remains valid for five years; if construction does not begin within that period the developer would have to reapply. The council debated whether the ordinance should require replacement bonds on a five-year schedule and whether the ordinance’s language should allow the borough to call existing security if the adjusted financial security amount exceeds the current bond. One council member objected to leaving the replacement-bond timing open and urged finished ordinance language rather than deferring parts to a later zoning amendment.

After discussion, the council approved an amendment clarifying that if the borough computes a new required amount and the developer refuses to post the higher security, the borough would have the right to call the then-existing financial security. The council then voted to advertise the ordinance for public review with the new wording included.

Council members noted this is part of an ongoing series of zoning amendments the borough has discussed at previous meetings to address solar energy facility siting and long-term decommissioning obligations.