SMETHPORT — McKean County commissioners will hold a public hearing Aug. 31 on a proposed expansion of the county’s Subdivision and Land Development Ordinance regulating solar, wind, data centers and similar commercial and industrial facilities.

The hearing will begin at 6 p.m. in the Grange Building at the McKean County Fairgrounds, 7172 Route 46.

The proposed amendment would expressly classify wind, solar and data center facilities as land developments subject to county review. It would also establish requirements addressing tree removal, fire protection, noise, liability insurance, decommissioning and orphan oil and gas wells.

For nonresidential developments involving more than 10 acres, the ordinance would generally limit the clearing of wooded areas to 50%. Developers would be required to conduct tree inventories before construction and replace qualifying trees damaged or removed from designated protection areas.

Remaining woodlands and natural vegetation would have to connect with wooded areas on adjacent properties, where they exist, to preserve wildlife corridors. The tree-clearing requirements would include exemptions for orchards, nurseries and logging or wood-products operations on land owned primarily for that purpose.

Developers would also be required to submit fire-protection plans assessing whether local departments have sufficient staffing, equipment, water supplies, station locations and specialized capabilities to serve the projects. Those assessments would be conducted at the developers’ expense.

If existing fire departments could not maintain their current service while also protecting a proposed development, the developer and affected departments would be required to determine how to address the additional demands.

For projects in areas determined to have an elevated wildfire risk, the county would perform or arrange a wildfire-hazard assessment and require an accompanying mitigation plan.

A preconstruction acoustic assessment would establish the existing day and night sound levels at a property. Developers would then have to submit plans limiting sustained operational noise to 3 decibels above that baseline. Operational sound levels would be subject to periodic testing after final approval.

Developers of nonresidential projects would generally have to maintain at least $2 million in liability coverage per occurrence and $5 million in aggregate coverage, including pollution liability. Developers could seek approval for different limits based on typical coverage within their industry, while the county could require higher limits for developments presenting greater risks.

Before construction, developers would be required to place cash equal to at least 110% of an independent engineer’s estimated decommissioning and site-restoration costs into escrow. Salvage value could not be used to reduce the security, and corporate guarantees and surety bonds would not be accepted.

The estimate would be reviewed at least every three years and the security adjusted accordingly.

At the end of a facility’s life, developers would be responsible for removing equipment and structures, including solar panels, battery energy-storage containers, foundations, roads, fencing, cables and poles. They would also be required to restore soil, drainage patterns, topsoil, vegetation, wetlands and streams where necessary. On-site disposal would be prohibited.

A facility would be presumed abandoned after 12 consecutive months without operations or production or if its owner failed to respond to county communications for 60 days. The county could then draw from the financial security to decommission the property.

Developers of projects larger than 10 acres would also have to identify orphan oil and gas wells and submit plans addressing access, plugging, stray gas, aquifer protection, financial security and future liability.

Those developers would be required to deposit at least $10,000 into a separate escrow account for certain county review costs, excluding legal fees. The account would have to be replenished within 10 days whenever its balance fell below $3,000. Covered review costs would be capped at $100,000, and unused funds would be returned following final approval.

The proposal replaces an earlier draft focused primarily on solar energy facilities and battery energy-storage systems. Commissioners unanimously rejected that version in favor of developing the broader amendment.

County solicitor Gabriel Fera PC previously said the new proposal was “a little more broad than what had been put up before.”

“We’ve done some work with the commissioners to try to put up something that’s a little bit better and will lead to a better future being able to enact ordinances that address technology as it comes down the pike, a little more comprehensively,” Fera said.

Residents have repeatedly urged commissioners to enact regulations, including demonstrating outside the courthouse in June. Concerns intensified as Energix Renewables’ 681-acre Clermont Solar LLC began operating and permits were being approved for RWE’s proposed 3,500-acre installation in Sergeant Township.

Commissioner Marty Wilder has acknowledged the length of the process while emphasizing the importance of producing an ordinance capable of protecting county residents.

“I hope in the end we have an ordinance that will protect the people of McKean County,” Wilder previously said.

The full proposal may be reviewed through the Planning Commission section of the county website. A physical copy is available in the commissioners’ wing of the McKean County Courthouse, 500 W. Main St., from 8:30 a.m. to 4:30 p.m. weekdays when the courthouse is open.