Kent County planning commission approves 1.99‑MW Chinquapin solar site plan, requires wetlands permit before construction

The Kent County Planning Commission on May 7 granted final site plan approval to Halo Wharton LLC’s Chinquapin project, a utility‑scale solar installation proposed on an 11.86‑acre parcel in the Employment Center zoning district.

The approval follows staff testimony that the project includes an approved stormwater management plan, a decommissioning plan and bond language, and a 60‑foot‑wide landscaped buffer proposed around the fenced facility that exceeds minimum code requirements. Staff said the project’s design limits noise to about 45 decibels at the property line and that the proposal appears consistent with the county comprehensive plan and the unified development ordinance.

Brenda Molaney, an attorney representing the applicant, told the commission the application had a carryover notation that incorrectly listed the project at 1 megawatt; the actual planned output is 1.99 megawatts, she said. Molaney and the project engineer described the site as an 11.86‑acre parcel with a limits‑of‑disturbance of about 10.57 acres and a single‑axis tracking system that resets at night. They also said landscaping, irrigation and maintenance plans and sureties for landscaping, stormwater and decommissioning had been submitted.

Commissioners questioned the status of state wetland permitting after a commissioner noted the project would impact nearly 0.8 acres of non‑tidal wetlands. The applicant said a joint permit application was filed with the Maryland Department of the Environment and that the 45‑day review period had recently elapsed without formal comments; the applicant offered that adjustments to the design would follow any MDE comments.

During the motion to approve, a commissioner added a condition that the non‑tidal wetlands permit/application be approved and accepted prior to commencing construction. The commission voted in the affirmative and granted final site plan approval subject to that condition.

The applicant also asked whether the county would continue processing site plans while a Certificate of Public Convenience and Necessity (CPCN) from the Public Service Commission is pending. Staff and a commissioner said county commissioners are discussing whether to allow concept and preliminary approvals while holding final action until a CPCN is issued; the planning commission did not take up that procedural policy at the May 7 meeting because it was not on the agenda.

Next steps: the applicant must secure any outstanding state permits and complete any required agency approvals before construction can begin.