Council considers zoning amendment to add decommissioning bond rules for solar arrays

Councilors discussed adding decommissioning and bond requirements to the borough zoning ordinance for large solar-energy projects after members noted the current code lacks explicit removal and financial assurance language.

Staff provided two model examples: a Dover Township section on decommissioning and a York County Planning Commission model dated April 2022. Solicitor and planning discussion focused on whether the decommissioning requirement should be placed in the zoning ordinance or in subdivision/land-development regulations; staff said zoning amendment is the likeliest mechanism.

Councilors raised timing and enforcement questions: whether a decommissioning requirement should trigger at project approval or upon transfer of ownership; whether a 6-month inactivity threshold is appropriate for presuming abandonment; and whether the bond requirement should be imposed at development so the municipality has security if an operator abandons panels. One councilor said a six-month inactivity window could be too short in cases where owners attempt to sell damaged equipment; others noted examples in the borough where properties were in poor condition for years.

The solicitor advised drafting an amendment now to apply prospectively to future projects; requiring decommissioning at the time of land-development approval would be typical. Council directed staff and solicitor to draft a zoning amendment that consolidates model language for council review at the next meeting.

Ending: Staff will prepare a draft zoning amendment based on sample ordinances for consideration at a future council meeting.