Berlin council reduces stormwater review fee for proposed 18‑MW solar farm, directs staff to draft solar fee criteria

The Berlin mayor and council on Nov. 24 approved a motion to reduce the town's stormwater review fee for a proposed 18‑megawatt, 157‑acre solar project and directed staff to develop a solar‑specific fee category and criteria.

The applicant's representatives, including Steve Engle of Vista Design and Brian Zalger, told the council the project would leave most of the site vegetated (planted with a pollinator seed mix beneath panels) and would not include bioretention facilities, gravel wetlands or closed stormwater systems. As Engle put it, the site “isn't the time that's required to review a stormwater management plan at this stage,” and the panels’ groundcover and limited impervious area mean fewer stormwater calculations and modeling than a conventional development.

Town staff summarized options and testified that the town’s existing fee schedule—originally structured for single‑family and commercial development—does not anticipate large solar fields. The record shows staff reported the existing calculated review fee at $19,577.60; council discussion focused on whether the review effort for this solar project warranted a substantially lower fee. The applicant and staff described an administrative review-hours estimate and proposed a reduced fee in the mid‑thousands. Council Member Nichols made the motion to reduce the review fee; Council Member Green seconded, and the measure passed. The council also directed staff to work with town consultants to draft language that would define “solar field” and establish a consistent fee calculation for future solar projects.

Council debate documented two central strands: project‑specific cost fairness and concerns about precedent. Some council members said the town must set fees that recover administrative costs and avoid subsidies, while others said the technical differences between solar farms and typical commercial development justify a lower, tailored fee. The town attorney cautioned that state law and case law (the record cites Ocean City litigation as an example) limit fee structures that exceed the cost of service.

The record also references guidance from Maryland for stormwater design for solar farms and staff recommended adding a dedicated category for solar on the town's fee schedule so future projects would be treated consistently.

Next steps: staff will return with draft fee language and qualifying criteria for solar projects to be considered by the council. The council's direction is to adopt a standard that reflects both the technical guidance and the town’s legal constraints.