Kent County board approves one-year extension for utility-scale solar special exception

The Kent County Board of General Appeals voted to grant a one-year extension of a previously approved special exception to construct and operate a utility-scale solar energy system on an 85-acre farm owned by Raymond and Joyce Stofas.

The extension was approved after the applicant told the board they remain ready to build but need time to finish interconnection agreements with Delmarva Power and finalize surety instruments. Ted Hastings, senior associate with Becker Morgan Group, told the board, "We are asking for extension of the special exception that was previously approved." The board’s staff recommended approval. "We do recommend granting an extension of this special exception," Mark Carper, an associate planner with the county, said.

Why it matters: The extension preserves the applicant’s right to proceed with the previously approved project while it completes outstanding approvals and financial guarantees. Neighbors raised land-use and easement concerns that could affect construction timing and access, and the board warned repeated requests for extensions will face closer scrutiny.

Applicants and staff told the board the remaining obstacles are primarily administrative and utility-related. Seth Shaffer, with Pivot Energy, said, "Delmarva has been our biggest holdup," and described turnover and backlog at the utility that have delayed interconnection agreements. Hastings and Shaffer said the project size was reduced during earlier reviews to meet interconnection limits; the revised system is just under 600 kilowatts, below the original 1-megawatt maximum.

Adjacent property owner Andrew T. Simmons testified in opposition, reiterating earlier objections to using prime agricultural land for solar and raising concerns about an easement Western Land Services has proposed to run underground distribution lines across or under Stillpond Road onto his property. Simmons said the original easement language he received appeared overly broad and that a more recent drawing and a 20-by-20 work area had only arrived that day. He said he will consult a real estate attorney before agreeing to any deed or easement.

Board discussion focused on whether the applicant is making demonstrable progress and on the limits of the board’s discretion. The board was told this is the second extension; an earlier extension had been granted when the applicant reduced system size to meet Delmarva’s constraints. Attorney Tom Yeager advised the board it could evaluate future extension requests on their merits and that a third extension would likely require a particularly compelling justification.

The board’s motion to approve a one-year extension was made and seconded; Chair John Massey called for the vote and members voiced "Aye." The board approved the extension.

The clerk recorded that adjacent-property notices were mailed on Feb. 14, 2025, the property was posted on Feb. 14, 2025, and notice of the hearing was published in the Kent County News on March 13, 2025. Staff said a building permit application is under review, a forest conservation deed must be recorded, and performance/completion bonds for landscaping and decommissioning remain under review; an approved cost estimate for erosion and sediment control has been received.

The board also approved meeting minutes from Nov. 18, 2020, and heard a brief staff report noting the board typically meets about every other month.