Community solar proposed near Hartley; applicant holds Army Corps permit, neighbors asked about screening and groundwater testing

6441091 · September 9, 2025

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Summary

Hartley Delaware Solar (community solar) asked the commission Sept. 4 to approve a 15.04-acre leased solar array on a roughly 119-acre parcel outside the growth zone near Hartley. Applicant representatives said they hold Army Corps approvals for ditch crossings, will meet Kent County solar-ordinance requirements and will use pollinator-friendly se

Hartley Delaware Solar CSS LLC presented a conditional-use application Sept. 4 for a community solar facility on a 119.25-acre property near Hartley. The proposed lease area for the array is about 15.04 acres on the south side of Hartley Road. The applicant said the array would be fenced, include a 25-foot perimeter landscape buffer outside the fence, and would not disturb existing mature forest adjacent to the site.

Nut graf: The applicant told the commission it already holds Army Corps of Engineers permits for required ditch crossings, will comply with Kent County’s solar-ordinance conditions (including decommissioning bonds, fencing that permits animal migration and soil testing), and plans pollinator-friendly seed mixes rather than pesticide treatments. Neighbors raised questions about screening, long-term maintenance, and groundwater contaminants; the applicant and staff said soils testing and periodic monitoring required by county code would create a baseline and ongoing checks.

Project details Project representatives from Becker Morgan and Ameresco described the lease area and showed a rendering to illustrate the proposed perimeter planting and how it would screen the facility from nearby properties. The plan includes a perimeter access track around the array, and the applicant said traffic generation would be minimal and limited to monthly or occasional maintenance visits.

Agency approvals and technical issues The applicant said it already holds an Army Corps jurisdictional determination and permits for two ditch crossings and that the staff report recommends approval. The applicant confirmed it will meet the county’s solar ordinance requirements for soil testing and remediation bonds, and said fencing will be wildlife-friendly per staff recommendation. The team also said they would use pollinator-friendly plantings in the buffer and would not apply pesticides across the array.

Public concerns Three written objections were included in the staff packet. At the hearing, commissioners and members of the public asked about potential water-quality impacts, specifically PFAS concerns. The applicant confirmed that soils testing is part of the county-required review and noted that soil tests create a baseline and that the county requires monitoring and reporting (the applicant said soils testing is repeated every five years). Commissioners asked about lighting (applicant: no routine lighting planned) and access for maintenance and emergency vehicles (applicant: 15-foot perimeter access track and service-drive connections shown on plan).

Next steps Planning staff recommended approval with standard conditions tied to the county solar ordinance; the applicant said it had no objection to the recommendations. The commission closed the hearing and will take the item up at the Sept. 11 business meeting.