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Council approves conditional use for Hastings Community Energy solar facility with amended fencing and decommissioning bond requirements

Sussex County Council · September 16, 2025
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Summary

The council approved Conditional Use No. 2503 for a 33.69‑acre solar energy facility in Broad Creek Hundred, adopting a minor amendment to fencing/screening requirements and clarifying that decommissioning financial security must be provided before building permits are issued.

Council approved Conditional Use No. 2503, filed by Hastings Community Energy Initiative LLC, to locate a solar energy facility on a 33.69‑acre parcel in Broad Creek Hundred with conditions recommended by Planning & Zoning and additional amendments adopted by the council.

Mister Moore read the Planning & Zoning findings and conditions. At the applicant's request, the council considered a minor amendment to the fencing conditions: the amendment adds a sentence requiring interwoven screening on the northern and western sides of the fencing and requires agricultural‑style (non‑wire) fencing on the southern and eastern sides to maintain wildlife connectivity. A council member moved to adopt the amendment; the motion carried (one recorded no vote).

During discussion a council member asked whether condition H — financial security for future decommissioning — specified who would hold the security. Mister Whitehouse (presenting the item) said the security can be provided by a bond provider and that the Planning & Zoning process will review and accept the decommissioning plan before building permits are issued. He said the county would be the beneficiary of the bond and would receive notification under bond terms in the event of potential bankruptcy, enabling the county to make a claim. "The security has to be in place before they can pull a building permit," Whitehouse said.

Following discussion, the council voted to approve the conditional use as amended on planning, zoning and public‑hearing grounds. Recorded votes were taken and the ordinance as amended carried.

The conditional use approval remains subject to final site plan approval through Planning & Zoning and requires the applicant to post acceptable financial security for decommissioning before permits are issued.