County commissioners start talking solar zoning regulations again; board member presents alternative draft with reduced setbacks

​YORK – When the York County Commissioners met in regular session Monday morning, the conversation regarding solar zoning regulations started once again.

​The topic hasn’t been discussed in quite some time as the sitting board members wanted to wait to see the outcome of a recall petition against LeRoy Ott, former commissioner. After he was recalled, Deb Robertson was appointed to fulfill that position.
Now that the board is full again, they are starting to talk about passing zoning regulations.
“I wanted to put this on the agenda so we want make sure everyone has all the information they need, as we move forward,” said Commissioner Chairman Daniel Grotz. “Deb (Robertson) has been having meetings in her district, listening to constituents and having conversations with them. How do you feel about your research?”
“I’m learning a lot,” Robertson responded, saying she has also had access to the proposed regulations drafted and recommended by the county’s planning and zoning commission.
“I’m of the mind we need to get this done,” said Commissioner Joe Burgess, as he passed around physical pages of paper. “I went through the proposed zoning regulations and I put together a draft.”
Last year, Burgess presented numerous wording changes he wanted to see and suggested ways to streamline the regulations. He also suggested different setbacks than what the planning/zoning commission was recommending. Now, he has put all those suggestions into an actual draft – a draft he says he will be putting up for a vote when the topic is listed on the agenda as an action item.
“I think it’s time to do something,” Burgess said. “I’d like to turn the proposed draft into this one.”
He noted changes he was suggesting, many being benign because they were changes in wording and for enhancing clarity. However, the proposed setbacks for large commercial/industrial solar facilities in his version are considerably less than what the planning/zoning commission pushed forward to the commissioners. His version of setback for large facilities is 500 feet (property line) from non-participating dwellings (the planning/zoning commission recommendations are for ½-mile/2,640-feet setbacks).
Setbacks – particularly for large facilities – have been the main sticking point for the county board members as they have tried to come to a consensus. Some have said they want longer distances in order to protect the properties of non-participating landowners. Some have said those longer distances are unnecessary and would result in large solar projects being ultimately banned from York County.
Burgess’ draft cuts the length of the zoning regulations from 23 pages down to five, by consolidating some language and cutting redundancy. Also, in the planning/zoning board’s recommended draft, there are four categories of solar farms based on size – Burgess’ draft has three classifications.
“Thank you for all the work, you put a lot of time into this,” Commissioner Randy Obermier said to Burgess. “In adding to what he’s saying, let’s get the pieces we agree on out of the way first.”
There was a question as to whether or not a new draft would have to be sent to the planning/zoning commission before the commissioners could vote on it.
“Well, if we go with Joe’s draft, it has to go back to the planning board because it looks nothing like what they proposed,” Grotz said. “If the majority of this board agrees with Joe, I’d have trouble without getting it to the planning board for their review and recommendation. In his draft, the setbacks, here, have shrunk by 80%. So it’s my personal feeling that if major changes are made to the draft, we need to send it to the planning and zoning committee. Now if we agree with the planning board’s recommendation, I think we can make some minor changes and pass regulations on our own.”
“I agree with you, if we totally change it from what they have proposed,” Obermier said to Grotz.
Commissioner Andy Bowman said he feels a public hearing needs to happen as part of the next phase of this process – Grotz and Obermier said they agreed.
“I advise against sending it back” to the planning/zoning commission, said Commissioner Burgess. “That’s just me, we don’t have to, we could, but I don’t think we need to.”
“I think it would be wise to allow Deb (Robertson) to have time to be comfortable with how she will vote,” Obermier said. “She’s having meetings and she can also have conversations with us, ask questions . . .”
“This will be on the agenda for our meeting in two weeks, for sure for discussion and possibly to take action,” Grotz said.
Meanwhile, the commissioners will be going over Burgess’ proposed draft in order to fully understand his suggested changes.