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SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i September 26, 2016
MOTION REQUIRED: If the Board is so inclined, a motion is required to accept the Planning Commission recommendation and deny the Zoning Map Amendment.
12B. PUBLIC HEARING ZONING MAP AMENDMENT SOUTHAMPTON SOLAR, LLC
This public hearing is held pursuant to Section(s) 15.2-1427 and 15.2-2204 of the Code of Virginia, 1950, as amended to consider a request by Southampton Solar LLC, applicant, on behalf of the owners as listed above (in the notice for CPA 2016:01) for a Zoning Map Amendment from A-1 Agriculture, which permits general agriculture, farming and forestry, and certain residential, institutional, commercial, and industrial uses to CM-2, Conditional General Industrial with conditions to permit a solar power generating facility, and general agriculture, farming, forestry, raising of livestock, and single family dwelling accessory to a farm of ten (10) acres or more on a portion of each of the properties listed above in the notice for CPA 2016:01. The properties are in the Boykins Voting and Magisterial Districts and total approximately 3,685 acres. The properties identified as Tax Parcels 99-6A, 99-19, 99-19A, 100-2, 100-11, 99-19B, 100-34, 100-33A, 101-1C, 101-52, 101-53, 101-53A, 112-8, and 113-2, are all designated “Agriculture, Forestry, Open Space, Rural Residential” in the 2015-2025 Southampton County Comprehensive Plan, and the density range in that classification provides “limited low-density residential development and accessory units may be permitted subject to the current options outlined in the Rural Residential section of the Zoning Ordinance.” The properties identified above as Tax Parcels 100-48, 100-49, 100-50, 101-2, 101-3, 101-4, 101-12, 101-21. 100-52, 100-53, 100-54, 100-56, 101-50, are all designated “Low Density Residential” in the 2015-2025 Southampton County Comprehensive Plan with a density range of (1) to (3) units per developable acre. The properties are all listed above in the notice for CPA 2016:01. The notice of public hearing was published in the Tidewater News on September 11 and September 18, 2016 and all adjacent property owners were notified as required by law. Following its public hearing on August 11, 2016, the Southampton County Planning Commission deferred action until its next meeting on September 8, at which time they resolved to recommend denial of the application on a 6-0 vote. After conclusion of tonight’s public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the request. Mrs. Beth Lewis, Secretary to the Planning Commission, will provide introductory remarks after which all interested parties are invited to come forward and express their views.
SOUTHAMPTON SOLAR, INC. CONTENTS
Staff Report ............................................................................................................................. Page 3 Application and exhibits submitted June 1 ........................................................................... Page 14 Rezoning and Comprehensive Plan Exhibit ......................................................................... Page 59 Proposed Proffers .................................................................................................................. Page 60 Proposed Conditions ............................................................................................................. Page 64 Proposed Decommissioning Plan ......................................................................................... Page 66 Proposed Landscape Design Report ..................................................................................... Page 71 Proposed Fencing Plan .......................................................................................................... Page 74 Proposed Noxious Weed Control Plan ................................................................................. Page 75 Proposed Turf Grass Modification ........................................................................................ Page 77 Estimated Local Tax Revenues ............................................................................................. Page 78 Adjacent Landowner Notifications ....................................................................................... Page 82 *Separate links are provided to the Site Plans and Landscaping Plans due to file size
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RZA 2016:04 Owners: Powell Farms LLC, Powell Farms #2 LLC, SDK Prairie LLC,
Lilly Hawthorne and Lisa Haver, Hugh C. Vincent, Jr., Millard Whitehead, Jr., James and Linda Vick, Smithview Farms LLC, Farm & Food Industries, Inc., Betty Stephenson TR, Margaret Murray, Stephen Bryant and Robyn Pickeral, Charles Felts, Larry Felts, Dennis and Elizabeth Vick, owners
Applicant: Southampton Solar LLC Application Request: Zoning Map Amendment IDENTIFICATION AND LOCATION INFORMATION
Current Comprehensive Plan designation: Agriculture/Forestry/Open Space/Rural Residential and Low
Density Residential in the Boykins-Branchville-Newsoms Planning Area. The requested Plan amendment would change the designation to Institutional.
Requested Zoning Designation: CM-2, Conditional General Industrial, with proffers Current Zoning: A-1, Agricultural Acreage: 3,685 acres +/- total 1,437 acres within the Limit of Development 1,288 acres within Limit of Panels Proposed Use: 100 Megawatt solar photovoltaic electric power generating
facility Tax Map No.:
Tract A: Tax Parcels 99-6A, 99-19, 99-19A, 100-2, 100-11, 99-19B, west of Meherrin Road (SR 35), north and south of Old Branchville Road (SR 666).
Tract B: Tax Parcels 100-34, 100-48, 100-49, 100-50, 101-2, 101-3, 101-4, 101-12, 100-33A, north of General Thomas Highway (SR 671) between Meherrin Road (SR 35) and Three Bees Road (SR 721).
Tract C: Tax Parcel 101-1C, northeast side of Three Bees Road (SR 721) approximately 2500’ north of its
intersection with General Thomas Highway (SR 671).
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Tract D: Tax Parcel 101-21, north and south of General Thomas Highway (SR 671) 1400’ east of its intersection
with Three Bees Road (SR 721). Tract E: Tax Parcels 100-52, 100-53, 100-54, 100-56,
101-50, 101-52, 101-53, 101-53A, south of General Thomas Highway (SR 671) between Burnt Reed Road (SR 743) and Odom Chapel Road (SR 716).
Tract F: Tax Parcels 112-8 and 113-2, at the intersection of Number 8 Schoolhouse Road (SR 670) and Burnt Reed Road (SR 743).
Location: See above for specific tracts. The property is generally near
of the Town of Boykins. Tract A is west of Meherrin Road on the north and south side of Old Branchville Road. Tracts B, C, and D are north of General Thomas Highway near Three Bees Road. Tracts E and F are south of General Thomas Highway in the area of Burnt Reed Road, Odom Chapel Road, and Number 8 Schoolhouse Road.
Magisterial District: Boykins Voting District: Boykins Adjacent Plan designations: Tract A: Agriculture/Forest/Open Space/Rural Residential
Tract B: Low Density Residential, Agriculture/Forest/Open Space/Rural Residential Tract C: Agriculture/Forest/Open Space/Rural Residential Tract D: Agriculture/Forest/Open Space/Rural Residential Tract E: Commercial, Manufactured Home Park, Agriculture/Forest/Open Space/Rural Residential Tract F: Institutional, Low Density Residential, Agriculture/Forest/Open Space/Rural Residential
Adjacent Land Use: Tract A: Agriculture/forestry, scattered single family
residences and a church along Old Branchville Road near Meherrin Road Tract B: Agriculture/forestry, scattered single family residences Tract C: Agriculture/forestry Tract D: Agriculture/forestry, scattered single family residences, manufacturing Tract E: Agriculture/forestry, scattered single family residences, Manufactured Home Park, manufacturing
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Tract F: Agriculture/forestry, scattered single family residences
LAND USE ANALYSIS
Overview This request is for a zoning map amendment for a number of parcels near the Boykins-Newsoms area to allow the development of a 100 Megawatt solar photovoltaic electric power generating facility. The parcels total approximately 3,685 acres, with approximately 1,437 acres within the limits of development and approximately 1,288 acres within the limits of the area covered by solar panels. The total acres is the totality of each parcel. Since only a portion of each tract will be used for development, as with any zoning map amendment that results in a parcel having two or more zoning designations, mapping will be required to outline precisely where the zoning line will be, and that mapping recorded. The area outside the limits of development will retain its agricultural zoning designation. Additionally, the proffer provided retains agricultural uses and accessory uses to agricultural uses in its list of permitted uses (along with only solar power generation), so agriculture can continue on the property regardless of where the zoning line may be and what may happen in the future. For the sake of convenience, the areas have been split into Parcels A through F for review purposes. Per the application, commercial delivery of power should commence by the end of 2017, with construction beginning in the spring of 2017. The properties all have the A-1, Agriculture, zoning designation. The zoning designation appropriate for power generation, regardless of whether that power is generated by a coal fired plant, a bio-mass fired plant, a nuclear plant, or a solar energy generating facility, is M-2, General Industrial, with a Conditional Use Permit. The proffers are as follows:
The Property may only be utilized for the following uses:
1. Solar power generation facilities, together with structures and infrastructure necessary to support the facilities;
2. General agriculture, farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propagation and harvesting of plants, turf, trees and shrubs and in general use commonly classified as general agriculture and including use of heavy cultivating and tree harvesting machinery, spray planes and irrigating machinery, and the raising of livestock; and a single family dwelling accessory to a farm of ten (10) acres or more;
3. Uses and structures that are customarily accessory to the above-listed uses.
The panels will be ground mounted on steel I-beam posts driven into the ground with no concrete footers of any type, and rotate to track the sun throughout the day. The area under and around the panels will be vegetated with a dense meadow grass to control
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rainwater runoff. There will be a number of inverter structures throughout the properties, typically one per megawatt of power generated. The following conditions are offered as part of the application:
a. Emergency responder training shall be offered to County first responders, as part of a full-day orientation of the project site. The orientation shall be offered within 60 days of commercial operation of the solar generating facility.
b. A Decommissioning Plan, which will cover removal of solar facility equipment including foundations, site restoration, and financial surety shall be provided to the County Community Development Department prior to final site plan approval. The Decommissioning Plan shall be substantially equivalent to the example decommissioning plan (Eastern Shore Solar – Decommissioning Plan – October 6, 2015) which was provided as part of the Southampton Solar LLC application on June 1, 2016.
c. A landscape plan shall be provided to the County Planning Department for review prior to issuance of final site plan approval.
d. A single point of contact will be provided for the County Community Development Department and public to inquire about maintenance and operations concerns (the “Public Inquiry Contact”). Annual confirmation, and any interim change, of contact information must be provided to the County Community Development Department.
e. Fence & Landscape Maintenance, Repair & Security: Maintenance and repair of (i) fencing, (ii) landscaping and (iii) other public facing improvements with respect to the array areas and project substation, shall be provided for the life of the project. If necessary repairs or maintenance concerns are identified, repair shall be provided within thirty (30) days of notice from the County to the Public Inquiry Contact; if the repair or maintenance cannot be completed within 30 days, a reasonable time extension may be approved. Evidence of appropriate steps made toward that schedule shall be provided to County Community Development Department. If such repair cannot be made within said thirty (30) day period (or other extended period), the County Community Development Department (or another County authority designated by the Community Development Department) will have rights to access funds, to arrange for proper repair. The financial security will be established, upon commercial operation, in the amount of $50,000 to repair fencing, landscaping, or other publically viewable maintenance problems. This financial security will also secure obligations identified in Condition 6 below.
f. Future Landscaping: Future landscaping shall be provided in the case of two potential future situations as set forth here:
i. Future single family home, that is owned by a single property owner and not part of a new subdivision development, where the single family home is within 200 feet of the solar project fence with a view-shed to an area of the project where landscaping was not previously addressed. In this case, landscaping shall be provided consistent with other reasonably-comparable residential
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landscaping set forth on the Final Site Plan. Alternatively, the solar project owner may elect to reimburse the homeowner for costs to plant landscaping on the residential property, up to $3,000.
ii. If glare becomes a problem, even though glare is not expected to occur from this project, landscaping will be provided as mitigation. Landscaping will be provided either (i) outside the project fence area or (ii) on the property where glare is being experienced. In scenario ii landscaping shall be purchased and installed by the property owner, with reimbursement to be provided up to $3,000.
iii. If a scenario occurs consistent with 6(a) or 6(b), the affected residential property owner, or County Planning Department, shall notify the Public Inquiry Contact. Within sixty (60) days of such notice, the Applicant shall provide a reasonable plan for resolving the scenario to the County Planning Department, and property owner if applicable. If a reasonable plan is not submitted or followed, the County Planning Department shall give 30-day notice to the Public Inquire Contact, of intent to access security funds to resolve the scenario. If the Applicant does not then submit a reasonable plan or follow the prior submitted plan, then the Planning Department may access the security funds identified in Condition 5 above to resolve the scenario.
The company’s project in Accomack County, at 80 megawatts, is an example of the project planned for Southampton County. The decommissioning plan that was approved in Accomack County is included with the application as an example of the one that will be provided in Southampton County. The Accomack decommissioning plan calls for:
the removal of the panels and racking systems, any foundations, electrical wiring and cables, the inverters, fencing, and gravel from access drives, and
the soil is to be stabilized and the turf grass tilled into the soil, with the area returned to its pre-existing condition, and
a Virginia Licensed Engineer shall provide a decommissioning cost estimate that includes the gross cost to perform the decommissioning, an inflation factor of 20%, and the resale/salvage value of the materials. This estimate shall be revised and updated every five (5) years for the project life, and
a decommissioning security equal to the decommissioning cost estimate, but not less than $250,000, shall be provided and updated every five (5) years upon completion of the plan update. The security shall be cash held in escrow by the County treasurer, or irrevocable letter of credit from financial institution acceptable to the County, or other form of security reasonable acceptable to the County.
Projects such as this require a number of layers of review and approval. The County review considers land use and zoning issues. The PJM Interconnection Grid performs a review to analyze the project in the context of the 13-state electric power transmission grid. This study has been completed and found the project to be feasible and viable
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and the project has secured senior interconnection rights. The Virginia Department of Environmental Quality also reviews the plans and coordinates review through various state agencies to evaluate impacts on the natural and cultural resources. These agencies include the Department of Game and Inland Fisheries, the Department of Conservation and Recreation, the Department of Historic Resources, and Department of Mines, Minerals, and Energy, and the State Corporation Commission. The application includes tax parcels that cover approximately 3,685 acres, while the area within the limit of development is approximately 1,437 acres. Should this and the subsequent requests be approved, subdivision plats will be required that outline the specific areas to be included in the Limit of Development. The area within the Limit of Development as outlined on the plats would be amended per the requests; the portions of the 3,685 acres that is not within the platted Limit of Development would retain the A-1, Agricultural zoning designation. Since the application limits the uses of the property to solar energy generation and/or agricultural uses, any other uses proposed would require a subsequent request for a zoning map amendment. Economics The local extension office was asked for information regarding the change of property use from agriculture to solar energy generation. Following is the information received:
I have not been able to locate an economist who can calculate that cumulative impact (i.e. the dollars that get recirculated locally - output/employment multipliers) of say an average cotton acre. I have attached a cotton budget and you can see that even though the landowner doesn't receive $700/ac/yr that there is about $700/ac/yr that gets spent on that acre in the way of seed/fertilizers/insurance/labor/hauling/tractors/etc. Some of that $700 is likely to get spent several times before leaving Southampton county. But on short notice, I can only circumstantially determine how many times.
Likewise peanuts at about $650/ac/yr variable expenses are attached.
The County Commission of Revenue offered the following comments:
Financial Aspects of Proposed Solar Farm
As you know, at this time, there are no guidelines in place for a solar farm. This is a new development, not only for Southampton County, but for the entire state of Virginia. The commissioners of revenue are working as an association to interpret legislation and promote uniformity across the state regarding the manner in which we handle solar installations. Developments are evolving and we are expecting that situations will be defined more precisely as cases present themselves.
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I have answered the following questions to the best of my knowledge at this time. I am actually at a conference right now that will address solar farms issues. If necessary, I will let you know of any revisions to my answers.
1) How much of this acreage is in land use? What will roll back taxes be? What will be taxes on properties going forward? Because I don’t know the acreage that is within the limits of development, I can only answer as to number of parcels rather than acreage. All but three parcels are in the land use program at this time. For the sake of simplicity, I have calculated roll back taxes on 1380 acres, but realize that this estimate will be slightly high due to the fact that part of the acreage is not in land use. Roll back taxes for 2012-2016 will be approximately $84,000. It is extremely hard to arrive at an estimate for future land values without having any insight as to how much demand there is for a site such as this. With that being noted, I’m estimating the future assessment on 1,200 acres to be 6,000 – 8,000 per acre. With 1,200 acres the total value would be $7,200,000 and yearly taxes would be $59,040. I am unsure of the value of the 180 acres that would fall within the development area but would not be under the panels themselves.
2) How will the development of a solar installation impact the real estate tax values of adjacent properties? There is no definitive answer to this right now. It is very difficult to measure damage, if any, to adjacent property before the panels are in place. Each parcel would need to be looked at on a case by case basis. I don’t foresee any discount being given strictly for proximity to the solar farm or aesthetics.
3) What types of taxes are assessed to solar installations? The real estate is assessed locally; however with a solar farm of this magnitude, the equipment will be assessed by the State Corporation Commission. Any operation larger than 25MW is required to be assessed by SCC and those assessments forwarded to the locality to be billed. During the 2016 General Assembly session, it was legislated that 80% of the amount of the assessment would be abated. The remaining 20% will be taxed at $0.82 per $100 of assessed value. Based on an estimated project cost of $235,000,000, and 90% assessment value, the equipment tax would be $346,860 after 80% was abated. At this time, the SCC has no set depreciation schedule that they are planning on using. The values will be looked at each year, on a case by case basis. With the real estate and the equipment, the total tax estimated for the first year will be $405,900.
4) When a property is granted a zoning map amendment for only a portion of the
property, will the remainder of the property be allowed to remain in the land use program? If the remaining property meets all of the requirements for the land use program, it can remain there.
5) What financial impact does hunting season and activities have on the county’s
income? I understand that there is a concern that hunting may be negatively
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impacted by the development of a solar farm; however, I don’t believe that the lack of hunting will negatively impact the financial status of the county.
6) If animals graze under the panels or if a crop is grown under the panels that can
be harvested, can the property stay in the land use program? This is being discussed right now by the SLEAC committee. We hope to have an answer to this by the end of August. If it stays in the land use program, we will lose the taxes on $6,000 per acre.
7) Will land use taxation be lost on properties across which an easement runs for
underground power lines involved with solar farming? Another question that is under discussion by the SLEAC committee. At this point, we don’t even know if the power lines will be underground or overhead.
Site Topography and Characteristics Reference the summary provided with the staff report for CPA 2016:01 for discussion of the soil survey reports for each of the areas. Transportation The properties are all served by existing public rights-of-way. VDOT has reviewed the conceptual plans and finds the planned moderate volume commercial entrances as provided in the conceptual plan meet their requirements. Driveway permits will be required prior to construction. The volume of traffic to be generated upon completion of construction does not call for a traffic study or any transportation improvements beyond the planned commercial entrances. VDOT review of the final site plan will be required. Environmental The properties are in agricultural or forest use now. Erosion and sedimentation control measures will be required during construction, and the properties will be required to follow the County stormwater management ordinance as well. Existing wetlands within the properties will be delineated and avoided. From the local extension office:
The soil/property will likely be in quite poor condition after the 30 years. This may be better determined contractually on how the decommissioning is performed. Significant preparation (i.e. tillage/foreign material removal) would need to be done and nutrients replenished (i.e., lime / potash / etc.) and if they dig too deep then sometimes soil structure becomes disturbed. Case in point, the farms to our west where the titanium was mined are much less productive than they were prior to mining.
Utilities The properties will require no well or septic service. Overhead power lines are available in the area.
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Community Comments Comments were provided at the August 11, 2016 Planning Commission meeting. Proponents and opponents spoke, with comments fairly evenly split. Prior to the September 8 Planning Commission meeting, a number of written comments were provided to the Planning Commission for review as well. The proponents both in person and in writing spoke of economic development, financial security of the families whose property in included, property rights, and the need to be forward-looking. The opponents spoke and wrote of the loss of productive farmland, the loss of the jobs and the money circulated in the community through the work of agriculture, the concern that solar panels will proliferate throughout the county, and the loss of the agrarian heritage of the community. CONCLUSION
Strengths of application:
While the industrial uses permitted in the M-2 zoning designation are varied and some may have a negative impact on surrounding agricultural uses, the proffers limit the property to only solar energy generation and agricultural uses, providing protection for the surrounding properties. Any uses besides those outlined in the proffers would require a subsequent zoning map amendment, and those uses would be limited by the Institutional Plan designation if approved.
Providing a means for families engaged in agriculture to have a steady stream of income not affected by the volatility of the agricultural markets through land leases for solar energy generation may provide those families a way to continue to participate in agriculture on the remaining portions of their properties.
Once construction is complete, solar energy generation is relatively quiet. Little traffic is generated. No odors, smoke, or vibrations are emitted. No outside storage of fuel occurs. Once construction is complete, the site will remain as it is except for maintenance and repairs for the lease period.
Buffering can be required through the Conditional Use Permit process to ensure limited intrusion into the viewshed along roadways and from nearby private properties.
Property in use for activity besides agriculture and forestry typically makes a larger contribution to the County’s tax base than property in agriculture and forestry use. In the instance of solar energy generation, few demands on County infrastructure will be required.
Although a large land area will be used for solar energy generation, little land disturbance will be undertaken. In the case of agricultural land, the crop is harvested, then any remaining vegetation is in effect mowed very short. The H-beams are then driven into the ground with no grading, and upon completion, the turf is installed as ground cover.
Weaknesses of application:
In a community with strong agricultural ties, removing land from agricultural use may be seen as a threat to the future of agricultural uses in the area.
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While the proffer limits the M-2 uses to solar energy generation and agricultural uses, introducing any industrial designation in an agricultural area, limited or not, may be seen as a step to further industrialization in the area.
Little is known about the viability of the land for agriculture after decommissioning. It is seen by the Extension Service that the land will likely be in poor condition at the end of the lease period.
The economic impacts on the businesses that serve the agricultural industry are unclear.
While under construction, the sites are industrial in nature. The staging area accommodates a large number of vehicles and a great deal of material storage takes place.
PLANNING COMMISSION ACTION
The Planning Commission held a well-attended public hearing on August 11, 2016. A number of speakers provided comments, both in favor and in opposition to the request. Due to the lateness of the hour, the Planning Commission, at the conclusion of the public hearing, voted to close the public hearing and deliberate at the September 8, 2016 meeting. The deliberations included discussion of whether since the Comprehensive Plan amendment was recommended for denial, the need to make a recommendation for any other requests was necessary. The County’s attorney told the Commission that yes; they did need to make recommendations regarding the zoning map amendment and the Conditional Use Permit request. The Commission had concerns about making a recommendation that was not in compliance with the Plan. While the applicant’s attorney provided from the audience that there is no law that prohibits making decisions not in conformance with the adopted Plan, the County’s attorney provided that such is not wise. Discussion continued as to the proposed decommissioning plan and whether sufficient funds would be proposed as the minimum to clean up the site when the installation is no longer in use. A discussion of the proposed landscaping and whether berms should be included to shield the view from the abutting roadways. A discussion took place regarding the type of fencing proposed. A motion was made to deny the requested zoning map amendment. All voted in favor of the motion, and a recommendation of denial of the request is forwarded to the Board.
SUPPORT INFORMATION AND ATTACHMENTS
1) Staff Analysis 2) Application 3) Notification of adjacent landowners
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4) Site map Signs posted Letters mailed Legal ad Tidewater News
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�
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SOUTHAMPTON SOLAR
SOUTHAMPTON COUNTY LAND USE APPLICATION
JUNE 1, 2016
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kimley-horn.com 11815 Fountain Way, Suite 300, Newport News, VA 23606 757 213 8600
June 1st, 2016
Beth LewisDeputy DirectorSouthampton County207 West Second AvenueFranklin, Virginia 23851
RE: Southampton Solar
Dear Ms. Lewis,
Please accept the enclosed package as our application for land use approvals for theSouthampton Solar project. Included are the following:
� Five (5) copies of the application package, which includes:
� Cover Letter� Executive Summary� Application Form & Proffer Statement� Landowner Authorization� Site Plan� Attachments:
� Landowner Information� Example Decommissioning Plan
� Application Fee
Please contact me at (757) 213-8600 or [email protected] should you have anyquestions or concerns.
Sincerely,KIMLEY-HORN
Jamie Weist, P.E.
cc: Dave Krupp, Sam Zantzinger / Community Energy Solar LLC
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�
�
CONTENT SECTION
COVER LETTER (TRANSMITTAL LETTER FROM KIMLEY-HORN)
EXECUTIVE SUMMARY I
APPLICATION FORM & PROFFER STATEMENT II
LANDOWNER AUTHORIZATION III
SITE PLAN IV
ATTACHMENTS
LANDOWNER INFORMATION (FOR APPLICATION FORM) ATTACHMENT A
DECOMMISSIONING PLAN (ACCOMACK COUNTY EXAMPLE) ATTACHMENT B
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EXECUTIVE SUMMARY
The Project:
The proposed project is a 100 Megawatt solar photovoltaic electric power generating facility.This is the same basic solar technology commonly used on residential rooftops. It is well proven to be safe and reliable. In this case, the solar panels are ground-mounted on posts with rackingthat rotates to track the sun, thus providing the most power when electricity is needed the most, summer afternoons.
The project will be installed on existing farmland between Boykins and Newsome. The project is arranged in multiple clusters rather than one large massing of land. Within each cluster, less than 1/3 of the land is physically under panels, with the remaining 2/3 of the land open to the sky. The entire project area will be covered in a dense meadow grass mix. The total land area isless than 1% of the farmland in Southampton County, and will be returnable to farming at the end of the project life.
We began our Southampton project in 2010 with a regional study of where the best solar irradiation was, and where the regional power grid had the best capacity to accept solar power at scale. We then sought land that could be developed with minimal disturbance and compatibility with other uses. Southampton and Accomack Counties were both found to have ideal locations. Large scale was and remains essential to achieve the economies of that scale to produce affordable power.
This one project will supply the equivalent of 20,000 households of electric power usage, which is in excess of the number of households in Southampton County and the City of Franklin,combined. The power will be placed on the electric power grid that serves the immediate area and the Mid-Atlantic U.S. region.
The project uses no fuel and produces no emissions or greenhouse gases. It is noiseless, odorless and will supply renewable energy for many years
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The Company:
As with all energy generating projects, the project is legally organized as project a company called Southampton Solar LLC. This project company is wholly owned by Community Energy.
Community Energy is a privately owned renewable energy company. We have been in business for 17 years; all we do is clean/renewable energy. We are three dozen people with headquarters outside of Philadelphia and offices in Colorado and North Carolina.
Since 1999 we have developed roughly 1,400 Megawatts of solar and wind energy projects throughout 13 states. We are very experienced in the development of renewable energy projects,and bring our experience and lessons learned to implement a successful project here in Southampton County. We have developed 4 projects of similar size throughout the U.S., these projects are in Virginia, Georgia, Colorado and Minnesota; and dozens of smaller projects. We have received many awards for our work, including the 2012 Distinguished Solar Project in the East by Solar Power America.
We are happy to host a tour of our similar 80 Megawatt solar project in Accomack County, on the Eastern Shore of Virginia. This project is currently under construction, and is scheduled to be operational the end of this year. We also have 4 smaller projects in Northampton County, NC. The planning staffs in both Northampton, NC and Accomack, VA are available for reference.
Three Regulatory/Approval Processes:
The county land use approval is one of three main approvals required for this project:
(1) Land Use Approval – Southampton County(2) Electrical Grid Interconnection – PJM Interconnection Grid(3) Renewable Energy “Permit By Rule” – Commonwealth of Virginia
Land Use Approval – Southampton County. This application includes our request for land use approvals by Southampton County. At the end of this process we hope to receive a Conditional Use Permit for the project. We believe the project is well sited, well designed and is compatible with the 2015 County Comprehensive Plan goals for renewable energy.
Electrical Grid Interconnection – PJM Interconnection Grid. The second approval is with the PJM Regional Power Grid (the “PJM Grid”). The PJM Grid manages the 13 state electric power transmission grid, covering 62 million consumers, to assure safety, reliability, and effective power procurement. One of the key factors in selecting this project location was related to identifying an optimal location on the grid to supply the power.
The project has now been through a multiple-stage (and multi-year) process of electrical grid interconnection studies administered by the PJM Grid. These studies show that the project interconnection is feasible and viable; and the project has secured senior interconnection rights in this vicinity of the electrical grid (near the Boykins Substation).
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Renewable Energy “Permit By Rule” – Commonwealth of Virginia.
This review and approval process is administered by the Virginia Department of Environmental Quality (DEQ), who coordinates among the applicable state agencies, primarily Department of Game and Inland Fisheries (DGIF), the Department of Conservation and Recreation (DCR), the Department of Historic Resources (DCR), Department of Mines Minerals and Energy (DMME) and the State Corporation Commission (SCC).
The PBR Process focusses heavily on evaluating impacts to natural and cultural resources and reviews the project capacity, interconnection studies.
This Southampton Solar project is designed to comply with the requirements of the permit by rule; which will be subject to public review and review by the above mentioned departments.
To date we have completed the only such approval in Virginia, for the 80 Megawatt project we developed in Accomack County, Virginia. There are now several applications submitted to the DEQ requesting approval, and we are told the DEQ is appreciative that we “set the bar high” with the thoroughness and quality of our work on the project in Accomack County. We intend to keep the bar high with our work here on the Southampton Solar project.
Schedule:
Our schedule is significantly influenced by the commercial realities of a solar project. We have buyers of the electricity output, that stipulate the commercial delivery of power should commence by the end of 2017. To accomplish this, we hope to begin construction in the springof 2017, which requires orders for long lead equipment this fall (2016).
The construction process is very simple and moves fast. Total time from start of site work to commercial operation is about 10 months, with some weather dependency.
Lease from Landowners:
We lease the land from the existing landowners, which we have found Landowners to prefer as opposed to selling their land. The income provided to landowners is highly reliable. They say the lease payments stabilize the uncertainty of other farm income, allowing them to keep the land in their family. Our leases allow for 30 years of operation, with the option to extend for an additional 10 years.
The landowners also want the land returned to them as they gave it to us. Each lease has a decommissioning requirement. We will also provide a decommissioning plan to Southampton County. In Attachment B we have provided the Decommissioning Plan as approved byAccomack County for the similar 80 Megawatt project we developed there. We would expect to implement a similar Decommissioning Plan in Southampton County. The decommissioning plan sets forth details for equipment removal, hauling, disposal, salvage, land restoration, an
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engineering cost estimate (including renewal of that estimate every 5 years), financial surety, and the process for implementation.
Benefits to Southampton County:
We think you will find our project is well designed and will provide many benefits the County.
Income and Stability for Landowners. Landowners will receive significant and predictable annual lease payments. Considering the volatility in crop prices over the last few years, this is very significant income and helps keep the land in the family.
Tax Payments to Southampton County. The County will receive increased land tax payments of roughly 5 times that currently received on the project land. We will also pay any roll back taxes related to removal from the Agricultural and Forrestal reduced-land tax program.
In addition to land tax we will pay an annual equipment tax. In accordance with recent Virginia law, the State Corporation Council will determine the annual equipment tax. We estimate thatthe combination of land and equipment taxes will be roughly $350,000 to $400,000 per year in tax revenue to the county. A solar project like this will also not require many of the county services and costs associated with typical development.
Local Economic Opportunity. The project is roughly $175 million in construction cost and will employ several hundred workers during construction. We will work to help local businesses be positioned to capitalize on this opportunity. We will work with Franklin Southampton Economic Development, Inc., The Franklin Southampton Area Chamber of Commerce and The Paul D. Camp Community College to hold an informational event where local businesses can determine what opportunities are available. Opportunities will range from Contractors for Electrical, General Labor, Site Work, Landscaping, Etc. to an economic boom for hardware stores, fencing and landscape companies, equipment suppliers, lodging and food vendors, and many others. The electrical, civil, site and other contractors will then hire workers. We encourage all contractors to hire locally and participate in our business outreach and job fairs, but contractually must leave employment decisions to each contractor. The project will require a limited amount of ongoing operations and maintenance work to be staffed via local contractors, that will results in a few full-time equivalent jobs. The primary economic opportunity is during construction.
Although it is a soft economic benefit, the media coverage and “branding” is significant. The Governor’s visit to Accomack received lots of coverage and we expect he would come to his project. This project would be the largest solar project in Virginia and in the Mid-Atlantic States, at least for now.
There is clearly a new renewable energy economy emerging in the United States. With this project Southampton County can be one of the leaders. This can be manifest in many ways, including young people who decide to pursue careers in renewable energy.
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Summary:
We believe this is a well-sited and well-designed project, that uses safe and proven solar technology. It provides substantial, incremental income to the Landowners and the County.
It is a good project that is not harmful. We look forward to your review. We are happy to provide additional information.
We look forward to working with you and intend to be a good neighbor for many years.
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�
�
APPLICATION FORM
& PROFFER STATEMENT
(SECTION II)
22
X X X
Southampton Solar LLC
~3,137 acres is the combined total acres of the parcels that include proposed development.
~1380 acres, within the Limit of Development; see Site Plan.
Agricultural/Timber
A-1 M-2 (with Conditions) *Agricultural/Forest/Open Space/ RuralResidential / Low Density Res. Institutional *
18-313(38)
3 Radnor Corporate Center, Suite 300
100 Matsonford Rd, Radnor, PA 19087
215-740-8355(David Krupp)
Call Mobile
See Attachment A
See Attachment A
See Attachment A
See Attachment A See Attachment A See Attachment A
See Attachment A
See Attachment A
~1283 acres, within the Limit of Panels; see Site Plan.
Call Mobile
23
Solar power generation, as further described in this application and related attachments.
X
June 1, 2016
Brent Beerley, ManagerSouthampton Solar LLC
X
X
X
X
X
* The Conditional Use Permit, Rezoning, and Comprehensive Plan amendment are submitted as set forth herein,
and may be amended as deemed appropriate by the County Staff, Planning Commission, or Board of Supervisors.
Rezoning area to be consistent with the Limit of Development, as depicted in the Site Plan.
24
The Property may only be utilized for the following uses:
1. Solar power generation facilities, together with structuresand infrastructure necessary to support the facilities;
2. General agriculture, farming and forestry, including tilling thesoil, raising of crops, truck gardens, field corps, orchards ornurseries for growing or propagation and harvesting of plants,turf, trees and shrubs and in general use commonly classified asgeneral agriculture and including use of heavy cultivating andtree harvesting machinery, spray planes and irrigatingmachinery, and the raising of livestock; and a single-familydwelling accessory to a farm of ten (10) acres or more.
3. Uses and structures that are customarily accessory to theabove-listed uses.
X
Brent Beerley, ManagerSouthampton Solar LLC
June 1, 2016
25
�
�
LANDOWNER AUTHORIZATION
(SECTION III)
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Page 1 of 5
SOLAR FARM SITE CONTROL AGREEMENT
This Solar Farm Site Interim Control Agreement ("Agreement") is entered into as of __ ___ ("Effective Date"), by and between Margaret S Murray and Smithview Farms LLC, ("Landowner") and Community Energy Solar Development LLC, a Delaware limited liability company, with an address of 3 Radnor Corporate Center, 100 Matsonford Road, Suite 300, Radnor, PA 19087 (“Company”).
RECITALS
AGREEMENT
THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landowner and Company agree to the following terms:
1. Cooperation in Development Activities. Landowner agrees to cooperate with Company in its development activities as follows:
a. Landowner agrees to allow Company to include its Property in applications, drawings or exhibits that may be used related to the development of a Solar Facility on the Property.
__Farms LLC,Community Energaddress of 3 Radno“Company”)
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Page 4 of 5
IN WITNESS WHEREOF, Landowner and Company have caused this Agreement to be executed and delivered by their duly authorized representatives as of the Effective Date.
Landowner:
By: _____________________________ Margaret S Murray
Landowner:
By: _____________________________
Name: Smithview Farms LLC
Title: ____________________________
Company:
By: _____________________________
Name: ___________________________
Title: ____________________________
Brent Beerley
Manager
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Page 5 of 5
EXHIBIT A THE PROPERTY
The Property shall include parcels known as 100-53, 101-53, and 101-53A
31
SOLAR FARM SITE CONTROL AGREEMENT
This Solar Farm Site Interim Control Agreement ("Agreement") is entered into as of ("Effective Date"), by and between Kindred Farm LLC, a Virginia
limited liability company ("Landowner") and Community Energy Solar Development LLC, a
Delaware limited liability company, with an address of 3 Radnor Corporate Center, 100Matsonford Road, Suite 300, Radnor, PA 19087 (“Company”).
RECITALS
AGREEMENT
THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landowner and Company agree to the following terms:
1. Cooperation in Development Activities. Landowner agrees to cooperate with Companyin its development activities as follows:
a. Landowner agrees to allow Company to include its Property in applications,drawings or exhibits that may be used related to the development of a Solar Facility on the Property.
Page 1 of 5 32
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EXHIBIT ATHE PROPERTY
The Property shall include parcels known as Parcel 101-50
Page 5 of 5 34
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PARCEL NUMBER DEED LOCATOR100-48101-12 BOOK 160, PAGE 665101-1C101-2 BOOK 215, PAGE 557101-21101-3101-4
FRANKLIN – SOUTHAMPTON DEPARTMENT OF COMMUNITY DEVELOPMENT
207 WEST SECOND AVENUE, FRANKLIN VIRGINIA 23851OFFICE: 757-562-8580 FAX: 757-562-0870 37
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40
41
42
43
44
45
46
47
48
49
�
�
SITE PLAN
(SECTION IV)
SEE ATTACHED SITE PLAN DATED 6/1/16 PREPARED BY KIMLEY-HORN AND ASSOCIATES, INC
50
�
�
ATTACHMENT A
LANDOWNER INFORMATION (FOR APPLICATION FORM)
Owner Name Address City State Zip Landowner Contact Property Address Property Tax Parcel Number
Bryant Stephen L & Pickeral Robyn B 1 Woodlawn Drive Hampton VA 23666 Avail. Upon Request See Parcel No. 112�8; 113�2
Murray Margaret S PO Box 321 Boykins VA 23827 Avail. Upon Request See Parcel No. 101�53; 101�53AKindred Farm LLCFormerly:Stephenson Betty B TR ETALS
1102 Embassy Court Virginia Beach VA 23454 Avail. Upon Request See Parcel No. 101�50
Farm & Food Industries Inc 4723 Eldon Court Virginia Beach VA 23462 Avail. Upon Request See Parcel No. 100�56; 101�52Vincent Hugh C JR 440 Woodridge Drive Murfreesboro NC 27855 Avail. Upon Request See Parcel No. 100�48; 101�12;
101�1C; 101�2; 101�21; 101�3; 101�4
Linda N VickFormerly:Vick James C & Linda N
PO Box 130 Newsoms VA 23874 Avail. Upon Request See Parcel No. 100�54; 100�52
Smithview Farms LLC PO Box 321 Boykins VA 23827 Avail. Upon Request See Parcel No. 100�53
Whitehead Millard E JR 201 Dogwood Drive Murfreesboro NC 27855 Avail. Upon Request See Parcel No. 100�50
Vincent Hugh C JR & Dean G 440 Woodridge Drive Murfreesboro NC 27855 Avail. Upon Request See Parcel No. 100�49
Hawthorne Lilly L & Haver Lisa L 11424 Briarcrest Drive Richmond VA 23236 Avail. Upon Request See Parcel No. 100�34
SDK Prairie LLC 14528 Davis Lane Branchville VA 23827 Avail. Upon Request See Parcel No. 100�2
Powell Farms #2 LLC PO Box 3037 Norfolk VA 23514 Avail. Upon Request See Parcel No. 99�19A
Powell Farms L L C PO Box 3037 Norfolk VA 23514 Avail. Upon Request See Parcel No. 99�19; 99�6A
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�
�
ATTACHMENT B
DECOMMISSIONING PLAN
(ACCOMACK COUNTY EXAMPLE)
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EASTERN SHORE SOLAR
DECOMMISSIONING PLANOctober 6, 2015
I. Introduction
This Decommissioning Plan is for the Eastern Shore Solar Project (the “Project”) and shall be binding on each successor and assignee of Eastern Shore Solar LLC (“ESS”), the Project owner.
The purpose of this Decommissioning Plan is to ensure the Project is properly removed at the end of the Project’s useful life, or earlier if abandoned in whole or in part, and that the site is restored to pre-existing conditions, which is generally agricultural. Approval of this plan by the County is a requirement of the Conditional Use Permit.
A Decommissioning Cost Estimate will be provided for County review prior to the issuance of building permits and updated every five years.
This Plan also outlines the posting of Decommissioning Security, in a form reasonably acceptable to the County, to be established prior to the Project entering commercial operation.
II. Decommissioning Process
The expected life of the Project is thirty (30) years with extension possible upon mutual agreement with the landowners (“Project Life”). At the end of the Project Life or earlier in the event of Abandonment of all or a portion of the Project, ESS will decommission the Project or a portion thereof, as set forth below.
The decommissioning process for the project is generally expected to occur as follows(“Decommissioning”):
Please Note: It is expected, but not required, that most components of the Project will be salvageable/recyclable, re-usable or re-salable.
1. The following items shall be removed, dissembled (if applicable), packaged and shipped for re-sale or to a salvage/recycling facility or other processing facility where possible, or to a landfill for disposal.
a. PV Modulesb. Racking Systemc. Foundationsd. Electrical wiring/cablinge. Inverters/transformers/connector stationf. Fencingg. Concrete Foundations
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h. Gravel from Gravel Access Drive
2. Dispose of any components in a landfill that cannot be salvaged/recycled, re-sold or re-used.
3. Stabilize any exposed soil where equipment was removed, consistent with County and other applicable erosion and sediment control standards.
4. Access drive paved aprons from public roads shall remain for future use.
5. Turf-grass shall be tilled into the soil, unless written approval is provided by the landowner allowing ESS to leave the turf-grass in place.
6. Landscaping shall be removed, unless written approval is provided by the landowner allowing ESS to leave the landscaping in place.
7. The Project area or portion thereof shall be restored to its pre-existing condition and such that it is suitable for its prior use.
8. In the unlikely event, and to the extent that, the Project contains any hazardous materials as defined by federal, state and/or local laws at the time of Decommissioning, ESS shall dispose of all such materials in accordance with federal, state and local laws and regulations governing such materials and the disposal of the same.
III. Decommissioning Cost Estimates
ESS shall provide a Decommissioning Cost Estimate prepared by a Virginia Licensed Engineer prior to the issuance of building permits, which shall include the following:(a) the gross estimated cost to perform Decommissioning as set forth in Section II above(“Gross Cost”);(b) an administrative and inflation factor of 20% of the Gross Cost (“Admin Factor”);(c) the estimated resale and salvage values associated with the Project equipment(“Salvage Value”)(d) a reduction from the Salvage Value by 20% such that only 80% of the Salvage Value can be used as a credit against the Gross Cost and Admin Factor. The Salvage Value multiplied by 80% is the “Salvage Credit”.
Thus the Decommissioning Cost Estimate formula is:
Gross Cost + Admin Factor – Salvage Credit = the "Decommissioning Cost Estimate".
ESS shall provide a revised and Updated Decommissioning Cost Estimate on every 5th
anniversary of the date when the Project first began to continuously deliver electric energy to the electric grid for commercial sales (“Commercial Operation Date”) for the Project Life,
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which shall account for inflation, cost and value changes, and advances in decommissioning technologies and approaches.
The Decommissioning Cost Estimate shall include a table allocating the net cost estimateacross the Project area, based on the percentage of generating capacity in megawatts (MW) on each property (“Allocation Areas”). The Allocation Areas will be divided based upon the lease areas, however Allocation Areas will reference the underlying land, in case ownership of the underlying land changes control during the life of the Project.
The County may elect to have the Decommissioning Cost Estimates reviewed by a Virginia Licensed Engineer on behalf of the County, in which case reasonable engineering review fees shall be reimbursed by ESS.
IV. Financial Security
ESS will provide an amount equal to the Decommissioning Cost Estimate (as determined by a Virginia Licensed Engineer, per section III), provided, however, that the amount of security shall never be less than Two Hundred and Fifty Thousand Dollars ($250,000), (“Decommissioning Security”). Decommissioning Security shall be provided by ESS prior to the Commercial Operation Date.
A Virginia licensed engineer shall provide an Updated Decommissioning Cost Estimate on or before the fifth anniversary of the Commercial Operation Date and every five years thereafter during the Project Life. ESS shall replenish and fully fund the Decommissioning Security based on each Updated Decommissioning Cost Estimate, if applicable.
The Decommissioning Security may be in one of the following forms: (i) cash to be held in escrow by the County Treasurer at a Bank, or (ii) a letter of credit from a financial institution reasonably acceptable to the County which shall be irrevocable unless replaced with cash or other form of security reasonably acceptable to County (each a form of “Acceptable Credit Support”).
ESS shall post Acceptable Credit Support in the amount of the Decommissioning Security prior to the Commercial Operation Date.
Upon the receipt of the first Updated Decommissioning Cost Estimate (following the 5th
anniversary of the Commercial Operation), any increase or decrease in the Decommissioning Security shall be funded by ESS, or refunded to ESS (if permissible by the form of Credit Support and such that Decommissioning Security is not less than $250,000), within ninety (90) days and will be similarly trued up for every subsequent five year updated Decommissioning Cost Estimate.
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V. Timing for Decommissioning
Upon the earlier of: (i) completion of the Project Life; or (ii) Abandonment of the Project or any portion thereof, ESS will arrange for and be responsible for the full Decommissioning of the Project, such that Decommissioning will be completed within six (6) months of the end of the Project Life or Abandonment of the Project or any portion thereof, whichever first occurs.
If a leaseholder or Accomack County believes that the Project or a portion thereof has been discontinued for longer than one (1) year (i.e. if the Project or any portion thereof has ceased operations for a continuous period of longer than one year) (“Abandoned”), and should be decommissioned earlier, consistent with the terms of the underlying lease or this Decommissioning Plan, then such landowner or Accomack County shall provide written notice of such Abandoned claim to ESS. Upon receipt, ESS shall have a sixty (60) day period in which to refute the claim, remedy any problem, commence Decommissioning under the lease agreement, or show why more than sixty (60) days is reasonably necessary to remedy the problem. If at the end of the sixty-day period the parties are unable to resolve amicably any dispute arising out of or in connection with this Decommissioning Plan, then such dispute shall be resolved by an action filed in the Circuit Court of Accomack County, Virginia.
VI. Partial Decommissioning
If Decommissioning is triggered for a portion, but not the entire Project, then ESS will commence and complete Decommissioning, in accordance with this Decommissioning Plan,for the applicable portion of the Project; the remaining portion of the Project would continue to be subject to this Decommissioning Plan. Any reference to Decommissioning the Project shall include the obligation to decommission all or a portion of the Project whichever is applicable with respect to a particular situation.
VII. Completion of Decommissioning & Return of Financial Security
Decommissioning will be complete when the County Construction Official or County Engineer, or another party appointed by the County, determines that Decommissioning has been completed in accordance with this Decommissioning Plan. Within forty-five (45) days of such determination of completion of Decommissioning, the County shall send a letter, with a copy to ESS, approving the release to ESS of the Decommissioning Security.
VIII. Default by ESS of Decommissioning Responsibility
If ESS is in default of its obligation to commence or complete Decommissioning, and such default remains uncured for more than 60 days (as explained in section V), each landowner shall have the right to commence Decommissioning activities and shall have access to eachrespective landowner’s prorated percentage allocation of the Decommissioning Security plus the salvage value of the equipment and materials on their lands. Excess funds shall be returned to the Decommissioning Security fund for use in Decommissioning other ESS
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property. Following the completion of Decommissioning of the entire Project arising out of a default by ESS, any remaining funds shall be distributed to landowners in a proportion consistent with the Allocation Areas as referenced in Section III. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of ESS,including under the County's zoning powers.
IX. Notice under this Decommissioning Plan
Eastern Shore Solar LLCAttn: Decommissioning NoticeThree Radnor Corporate Center, Suite 300100 Matsonford RoadRadnor PA, 19087
Accomack County Planning DepartmentAttn: Director of Planning23282 Courthouse Avenue, Accomac, VA 23301
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SOUTHAMPTON SOLARRezoning & Comprehensive Plan Change Exhibit
8-9-2016
Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
Meherrin
Rd (35
)
General Thomas Hwy (671)
Old Branchville Rd (666)
Number 8
Schoolhouse Rd (670)
Cross Keys Rd (665)
Boykins
Burnt Reed Rd (743)
Railroad Line
General Thomas H
wy (671)
Fullers Mill Rd (667)
LegendArea for rezoningArea for Comprehensive Plan ChangeApplication ParcelsParcels
MAP INDEX MAP NUMBER OWNER NAMES1 113-2 BRYANT STEPHEN L & PICKERAL ROBYN BS2 112-8 BRYANT STEPHEN L & PICKERAL ROBYN BS3 101-52 FARM & FOOD INDUSTRIES INCS4 100-56 FARM & FOOD INDUSTRIES INCS5 100-54 VICK JAMES C & LINDA NS6 100-52 VICK JAMES C & LINDA NS7 100-53 SMITHVIEW FARMS LLCS8 101-53 MURRAY MARGARET SS9 101-50 STEPHENSON BETTY B TR ETALS
S10 100-49 VINCENT HUGH C JR & DEAN GS11 100-50 WHITEHEAD MILLARD E JRS12 100-34 HAWTHORNE LILLY L &HAVER LISA LS13 100-48 VINCENT HUGH C JRS14 101-4 VINCENT HUGH C JRS15 101-3 VINCENT HUGH C JRS16 101-2 VINCENT HUGH C JRS17 101-12 VINCENT HUGH C JRS18 101-21 VINCENT HUGH C JRS19 101-1C VINCENT HUGH C JRS20 99-19 POWELL FARMS L L CS21 99-6A POWELL FARMS L L CS22 99-19A POWELL FARMS #2 LLCS23 100-2 SDK PRAIRIE LLCS24* 101-53A MURRAY MARGARET SS25 100-33A FELTS CHARLES DS26 100-11 FELTS LARRY PS27 99-19B VICK DENNIS C & ELIZABETH G
Application Parcels
*101-53A is expected to be included within 101-53.
Use of Public ROW
Use of Public ROW (small area near intersection)
Use of Public ROW
OWNER NAME PRESENTED AS SHOWN ON COUNTY GIS
59
1
PROFFER FOR THE REZONING APPLICATION OF
SOUTHAMPTON SOLAR, LLC
THESE PROFFERS (the “Proffers”) are made this ___ day of _______________, 2016,
by and between SOUTHAMPTON SOLAR, LLC, a Delaware limited liability company, and/or
its successors and assigns (the “Southampton Solar”, and to be indexed as grantor), and the
COUNTY OF SOUTHAMPTON, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (the “County”, and to be indexed as grantee).
RECITALS
R-1. Southampton Solar is the lessee of portions of the following tax parcels: 99-6A; 99-19; 99-
19A; 100-2; 100-11; 99-19B; 100-34; 100-33A; 100-48; 100-49; 100-50; 101-2; 101-3; 101-4;
101-12; 101-1C; 101-21; 100-52; 100-53; 100-54; 100-56; 101-50; 101-52; 101-53; 101-53A;
112-8; and 113-2, as more particularly depicted on the attached Exhibit A (excluding the depicted
portions of public right-of-way to be used for utility connections) (collectively, the “Property”).
R-2. Southampton Solar has filed an application (the “Application”) requesting that the Property
be changed from A-1 to Conditional CM-2 with proffers as described in Section 18-546 of the
County’s zoning ordinance in effect on the date hereof (the “Zoning Ordinance”).
R-3. The provisions of the Zoning Ordinance may be deemed inadequate for protecting and
enhancing orderly development of the Property. Accordingly, Southampton Solar, in furtherance
of the Application, desires to proffer certain conditions which are limited solely to those set forth
herein in addition to the regulations provided for by the Zoning Ordinance for the protection of the
community and enhancement of the development of the Property, in accordance with the
provisions of Section 15.2-2296, et seq. of the Code of Virginia (1950), as amended (the “Virginia
Code”) and the County Zoning Ordinance.
NOW, THEREFORE, for an in consideration of the approval by the County of the
Application and pursuant to Section 15.2-2296, et seq., of the Virginia Code and the Zoning
Ordnance, Southampton Solar hereby proffers that the development of the subject Property of the
Application shall be in strict accordance with the conditions set forth in this submission:
PROFFERS
1. The use within the rezoned area of the Property is limited to:
a. Solar power generation facilities, together with structures and infrastructure
necessary to support the facilities;
b. General agriculture, farming and forestry, including tilling the soil, raising of crops,
truck gardens, field corps, orchards or nurseries for growing or propagation and
harvesting of plants, turf, trees and shrubs and in general use commonly classified
as general agriculture and including use of heavy cultivating and tree harvesting
60
2
machinery, spray planes and irrigating machinery, and the raising of livestock, and
a single-family dwelling accessory to a farm of ten (10) acres of more; and
c. Uses and structures that are customarily accessory to the above listed uses.
2. Southampton Solar will provide teaching kiosks and education displays presenting general
information about solar energy and the Southampton Solar Farm, including information
about economic and environmental benefits. It is intended that there will be two (2) kiosks,
one of the two kiosks is expected to be located at the Paul D. Camp Community College
or another location as determined by the Board of Supervisors. Final placement of both
kiosks will be informed by the Board of Supervisors and the hosting entity.
3. Southampton Solar will host solar jobs workshops to benefit and inform the community.
The workshops will be geared toward community information on job and economic
opportunities related to the solar industry. It is expected there will be four (4) workshops
made available to the Paul D. Camp Community College, Franklin High School,
Southampton High School and the area businesses. Final location and content will be
informed by the Board of Supervisors and partner entities.
[Remainder of Page Intentionally Left Blank. Signature Page Follows.]
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3
WITNESS the following signature, thereunto duly authorized by Southampton Solar, LLC,
on behalf of itself and as attorney-in-fact for the following owners of the Property: Powell Farms
LLC, Powell Farms #2 LLC, SDK Prairie LLC, Lilly Hawthorne and Lisa Haver, Hugh C. Vincent,
Jr., Dean Vincent, Millard Whitehead, Jr., Linda Vick, Smithview Farms, LLC, Farm & Food
Industries, Inc., Kindred Farm LLC, Margaret Murray, Stephen Bryant and Robyn Pickeral,
Charles Felts, Larry Felts, and Dennis and Elizabeth Vick:
SOUTHAMPTON SOLAR, LLC,
a Delaware limited liability company
By:____________________________________
Print Name: _____________________________
Title: __________________________________
STATE/COMMONWEALTH OF ______________________
CITY/COUNTY OF _____________________, to wit:
The foregoing instrument was acknowledged before me this ___ day of ______________, 2016,
by ______________________, the _____________________ of Southampton Solar, a Delaware
limited liability company. He/she is either known to me or has produced ___________________
as identification.
______________________________
Notary Public
My Commission Expires: _____________________
Registration Number: ________________________
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4
Exhibit A
Description of the Property
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Three Radnor Corporate Center, Ste 300 • 100 Matsonford Rd. • Radnor, PA 19087 • 1.866.946.3123 • www.CommunityEnergyInc.com
SOUTHAMPTON SOLAR 8/9/2016
PROPOSED CONDITIONS
l. Emergency responder training shall be offered to County first responders, as part of a full-day orientation of the project site. The orientation shall be offered within 60 days of commercial operation of the solar generation facility. 2. A Decommissioning Plan, which will cover removal of solar facility equipment including foundations, site restoration, and financial surety shall be provided to the County Community Development Department prior to final site plan approval. The Decommissioning Plan shall be substantially equivalent to the Southampton Solar Decommissioning Plan provided on August 9, 2016. 3. A Landscape Plan shall be included in the Final Site Plan and shall be substantially equivalent to the Landscape Plan provided on August 9, 2016, which was prepared by a qualified third-party consultant. 4. A Single Point of Contact will be provided for the County Community Development Department and public to inquire about maintenance and operations concerns (the "Public Inquiry Contact"). The Single Point of Contact will be provided prior to commercial operation. Annual confirmation, and any interim change, of contact information must be provided to the County Community Development Department. 5. Noxious Weed Control Plan will be provided to the County prior to commencement of construction. The Noxious Weed Control Plan shall be developed by a qualified third-party consultant. 6. Work Hour Restrictions will be observed. No construction activities will occur on Sundays before 12:00 PM unless approved, in writing, from the County Community Development Department. 7. Fence & Landscaping Maintenance, Repair & Security. Maintenance and repair of (i) fencing, (ii) landscaping and (iii) other public facing improvements with respect to the array areas and project substation, shall be provided for the life of the project. If necessary repairs or maintenance concerns are identified, repair shall be provided within ten (10) days of notice from the County to the Public Inquiry Contact; if the repair or maintenance cannot be completed within 10 days, a reasonable time extension may be approved. Evidence of appropriate steps made toward that schedule shall be provided to County Community Development Department. If such repair cannot be made within said ten (10) day period (or otherwise extended period), the County Community Development
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Department (or another County authority designated by the Community Development Department) will have rights to access funds, to arrange for proper repair. A financial security will be established, upon commercial operation, in the amount of $50,000 to repair fencing, landscaping or other publically viewable maintenance problems. This financial security will also secure the obligations identified in Condition 8 below. 8. Future Landscaping. Future landscaping shall be provided in the case of two
potential future situations as set forth here: a. Future single-family home, that is owned by a single property owner and not part of a new subdivision development, where the single-family home is within 200 feet of the solar project fence with a view-shed to an area of the project where landscaping was not previously addressed. In this case, landscaping shall be provided consistent with other reasonably-comparable residential landscaping set forth on the Final Site Plan. Alternatively, the solar project owner may elect to reimburse the homeowner for costs to plant landscaping on the residential property, up to $3,000. b. If glare becomes a problem, even though glare is not expected to occur from this project, landscaping will be provided as mitigation. Landscaping will be provided either (i) outside the project fence area or (ii) on the property where glare is being experienced. In scenario ii landscaping shall be purchased and installed by the property owner, with reimbursement to be provided up to $3,000. If a scenario occurs consistent with 8(a) or 8(b), the affected residential property owner, or County Community Development Department, shall notify the Public Inquiry Contact. Within sixty (60) days us such notice, the Applicant shall provide a reasonable plan for resolving the scenario to the County Community Development Department, and property owner if applicable. If a reasonable plan is not submitted or followed, the County Community Development Department shall give 30-day notice to the Public Inquire Contact, of intent to access security funds to resolve the scenario. If the Applicant does not then submit a reasonable plan or follow the prior submitted plan, then the Community Development Department may access the security funds identified in Condition 7 above to resolve the scenario.
9. Future Solar Equipment Replacement. Any replacement of solar panels for repair,
maintenance, or any other reason shall utilize the same, or substantially equivalent equipment/materials, as the silicon crystalline solar panels initially proposed/installed. Materially different solar energy generation technology will not be utilized unless approved, in writing, from the County Community Development Department.
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1
SOUTHAMPTON SOLAR
DRAFT DECOMMISSIONING PLAN
August 9, 2016
I. Introduction
This Decommissioning Plan is for the Southampton Solar Project (the “Project”) and shall be
binding on each successor and assignee of Southampton Solar LLC (“SHS”), the Project
owner.
The purpose of this Decommissioning Plan is to ensure the Project is properly removed at the
end of the Project’s useful life, or earlier if abandoned in whole or in part, and that the site is
restored to pre-existing conditions, which is generally agricultural. Approval of this plan by
the County is a requirement of the Conditional Use Permit.
A Decommissioning Cost Estimate will be provided for County review prior to the issuance
of building permits and updated every five years.
This Plan also outlines the posting of Decommissioning Security, in a form reasonably
acceptable to the County, to be established prior to the Project entering commercial operation.
II. Decommissioning Process
The expected life of the Project is thirty (30) years with possible extension (“Project Life”).
At the end of the Project Life or earlier in the event of Abandonment of all or a portion of the
Project, SHS will decommission the Project or a portion thereof, as set forth below.
The decommissioning process for the project is generally expected to occur as follows
(“Decommissioning”):
Please Note: It is expected, but not required, that most components of the Project will be
salvageable/recyclable, re-usable or re-salable.
1. The following items shall be removed, dissembled (if applicable), packaged and
shipped for re-sale or to a salvage/recycling facility or other processing facility where
possible, or to a landfill for disposal.
a. PV Modules
b. Racking System
c. Foundations/Posts (including the underground portion of the posts)
d. Electrical wiring/cabling
e. Inverters/transformers/connector station
f. Fencing
2. Dispose of any components in a landfill that cannot be salvaged/recycled, re-sold or
re-used.
66
2
3. Stabilize any exposed soil where equipment was removed, consistent with County and
other applicable erosion and sediment control standards.
4. Access drive paved aprons from public roads shall remain for future use.
5. Turf-grass shall be tilled into the soil, unless written approval is provided by the
landowner allowing SHS to leave the turf-grass in place.
6. Landscaping shall be removed, unless written approval is provided by the landowner
allowing SHS to leave the landscaping in place.
7. The Project area or portion thereof shall be restored to its pre-existing condition such
that it is suitable for its prior use.
8. In the unlikely event, and to the extent that, the Project contains any hazardous
materials as defined by federal, state and/or local laws at the time of
Decommissioning, SHS shall dispose of all such materials in accordance with federal,
state and local laws and regulations governing such materials and the disposal of the
same.
9. Gravel access drives shall be removed, unless written approval is provided by the
landowner allowing SHS to leave the gravel access drive in place.
10. Utility-owned interconnection facilities and all ancillary facilities, including but not
limited to associated gravel access road, shall remain in place.
III. Decommissioning Cost Estimates
SHS shall provide a Decommissioning Cost Estimate prepared by a Virginia Licensed
Engineer prior to the issuance of building permits, which shall include the following:
(a) the gross estimated cost to perform Decommissioning as set forth in Section II above
(“Gross Cost”);
(b) an administrative and inflation factor of 20% of the Gross Cost (“Admin Factor”);
(c) the estimated resale and salvage values associated with the Project equipment
(“Salvage Value”)
(d) a reduction from the Salvage Value by 20% such that only 80% of the Salvage Value
can be used as a credit against the Gross Cost and Admin Factor. The Salvage Value
multiplied by 80% is the “Salvage Credit”.
Thus the Decommissioning Cost Estimate formula is:
Gross Cost + Admin Factor – Salvage Credit = the "Decommissioning Cost Estimate".
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3
SHS shall provide a revised and Updated Decommissioning Cost Estimate on every 5th
anniversary of the date when the Project first began to continuously deliver electric energy to
the electric grid for commercial sales (“Commercial Operation Date”) for the Project Life,
which shall account for inflation, cost and value changes, and advances in decommissioning
technologies and approaches.
The Decommissioning Cost Estimate shall include a table allocating the net cost estimate
across the Project area, based on the percentage of generating capacity in megawatts (MW) on
each property (“Allocation Areas”). The Allocation Areas will be divided based upon the
lease areas, however Allocation Areas will reference the underlying land, in case ownership
of the underlying land changes control during the life of the Project.
The County may elect to have the Decommissioning Cost Estimates reviewed by a Virginia
Licensed Engineer on behalf of the County, in which case reasonable engineering review fees
shall be reimbursed by SHS.
IV. Financial Security
SHS will provide an amount equal to the Decommissioning Cost Estimate (as determined by a
Virginia Licensed Engineer, per section III), provided, however, that the amount of security
shall never be less than Two Hundred and Fifty Thousand Dollars ($250,000),
(“Decommissioning Security”). Decommissioning Security shall be provided by SHS prior to
the Commercial Operation Date.
A Virginia licensed engineer shall provide an Updated Decommissioning Cost Estimate on or
before the fifth anniversary of the Commercial Operation Date and every five years thereafter
during the Project Life. SHS shall replenish and fully fund the Decommissioning Security
based on each Updated Decommissioning Cost Estimate, if applicable.
The Decommissioning Security may be in one of the following forms: (i) cash to be held in
escrow by the County Treasurer at a Bank, or (ii) a letter of credit from a financial institution
reasonably acceptable to the County which shall be irrevocable unless replaced with cash or
other form of security reasonably acceptable to County (each a form of “Acceptable Credit
Support”).
SHS shall post Acceptable Credit Support in the amount of the Decommissioning Security
prior to the Commercial Operation Date.
Upon the receipt of the first Updated Decommissioning Cost Estimate (following the 5th
anniversary of the Commercial Operation), any increase or decrease in the Decommissioning
Security shall be funded by SHS, or refunded to SHS (if permissible by the form of Credit
Support and such that Decommissioning Security is not less than $250,000), within ninety
(90) days and will be similarly trued up for every subsequent five year updated
Decommissioning Cost Estimate.
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4
V. Timing for Decommissioning
Upon the earlier of: (i) completion of the Project Life; or (ii) Abandonment of the Project or
any portion thereof, SHS will arrange for and be responsible for the full Decommissioning of
the Project, such that Decommissioning will be completed within six (6) months of the end of
the Project Life or Abandonment of the Project or any portion thereof, whichever first occurs.
If a leaseholder or Southampton County believes that the Project or a portion thereof has been
discontinued for longer than one (1) year (i.e. if the Project or any portion thereof has ceased
operations for a continuous period of longer than one year) (“Abandonment”), and should be
Decommissioned earlier, consistent with the terms of the underlying lease or this
Decommissioning Plan, then such landowner or Southampton County shall provide written
notice of such Abandonment claim to SHS. Upon receipt, SHS shall have a sixty (60) day
period in which to refute the claim, remedy any problem, commence Decommissioning under
the lease agreement, or show why more than sixty (60) days is reasonably necessary to
remedy the problem. If at the end of the sixty-day period the parties are unable to resolve
amicably any dispute arising out of or in connection with this Decommissioning Plan, then
such dispute shall be resolved by an action filed in the Circuit Court of Southampton County,
Virginia.
VI. Partial Decommissioning
If Decommissioning is triggered for a portion, but not the entire Project, then SHS will
commence and complete Decommissioning, in accordance with this Decommissioning Plan,
for the applicable portion of the Project; the remaining portion of the Project would continue
to be subject to this Decommissioning Plan. Any reference to Decommissioning the Project
shall include the obligation to decommission all or a portion of the Project whichever is
applicable with respect to a particular situation.
VII. Completion of Decommissioning & Return of Financial Security
Decommissioning will be complete when the County Construction Official or County
Engineer, or another party appointed by the County, determines that Decommissioning has
been completed in accordance with this Decommissioning Plan. Within forty-five (45) days
of such determination of completion of Decommissioning, the County shall send a letter, with
a copy to SHS, approving the release to SHS of the Decommissioning Security.
VIII. Default by SHS of Decommissioning Responsibility
If SHS is in default of its obligation to commence or complete Decommissioning, and such
default remains uncured for more than 60 days (as explained in section V) (“SHS
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5
Decommissioning Deadline”), each landowner shall have the right to commence
Decommissioning activities and shall have access to each respective landowner’s prorated
percentage allocation of the Decommissioning Security plus the salvage value of the
equipment and materials on their lands. Excess funds shall be returned to the
Decommissioning Security fund for use in Decommissioning other SHS property. Following
the completion of Decommissioning of the entire Project arising out of a default by SHS, any
remaining funds shall be distributed to landowners in a proportion consistent with the
Allocation Areas as referenced in Section III.
If Southampton County believes that a landowner has not commenced Decommissioning
activities under this section VIII for longer than ninety (90) days after the SHS
Decommissioning Deadline (“Failure to Act”), then Southampton County may provide
written notice (“Notice to Landowner”) of this Failure to Act to the landowner and to SHS.
Upon receipt, landowner shall have a sixty (60) day period in which to refute the claim,
remedy any problem, commence Decommissioning, or show why more than sixty (60) days is
reasonably necessary to remedy the problem.
If landowner does not commence Decommissioning, and such Failure to Act remains uncured
for more than 60 days after receipt of the Notice to Landowner , then Southampton County
shall have the right to commence Decommissioning activities and shall have access to each
respective non performing landowner’s prorated percentage allocation of the
Decommissioning Security plus the salvage value of the equipment and materials on their
lands. Excess funds shall be returned to the Decommissioning Security fund for use in
Decommissioning other SHS property. Following the completion of Decommissioning of the
entire Project arising out of a default by SHS, any remaining funds shall be distributed to
landowners in a proportion consistent with the Allocation Areas as referenced in Section III.
Nothing herein shall limit other rights or remedies that may be available to the County to
enforce the obligations of SHS, including under the County's zoning powers
IX. Notice under this Decommissioning Plan
Southampton Solar LLC
Attn: Decommissioning Notice
Three Radnor Corporate Center, Suite 300
100 Matsonford Road
Radnor PA, 19087
Southampton County Department of Community Development
Attn: Director of Community Development
207 W. Second Ave.
Franklin, VA 23837
70
kimley-horn.com 4500 Main Street, Suite 500 Virginia Beach, VA 23462 757-213-8600
Landscape Analysis & Design Report
To:
From:
Date:
Subject:
KHA #:
Southampton Solar LLC
Joseph Mathews, PLA, ASLA Kimley-Horn and Associates, Inc. August 9, 2016
Landscape Analysis & Design Report
Southampton Solar – Southampton County, VA
116584000
Narrative Summary of Landscape Design:
Overall Concept: The Southampton Solar Farm Landscape design objective is to create a substantial and sustainable streetscape enhancement along traveled corridors adjacent to the proposed Solar Farm as well as provide visual enhancement from nearby residential properties that may have views of the proposed project. It is not the intent to completely shield views to the Solar
Farm. Providing a solid mass of vegetation would not look natural and would be out of place in the
rural atmosphere of the Southampton County countryside. Rather the proposed plan creates a
naturalistic planting design that creates a visual consistency, provides aesthetic interest in keeping the
agricultural characteristic of the surroundings. The design will utilize predominately native plants that
require little maintenance arranged in naturalistic patterns complementing the native vegetation of the
County.
Site Reconnaissance: A windshield survey of the proposed project was conducted by Kimley – Horn Staff to analyze the visual character of the site as well as investigate existing plant materials
commonly found within the project area. It was observed that several native species of plant
materials including but not limited to Juniperus virginiana, Eastern Red Cedar; Ilex opaca,
American Holly; Quercus phellos, Willow Oak; Cercis Canadensis, Eastern Redbud amongst
others occurred in relative propensity within the project area. Due to their visual familiarity, naturally improved adds of survival, and availability of these species being commonly grown at local
tree farms, these species of trees including others indigenous to the area are proposed to makeup the
majority of the plant pallet. Native understory species consisting of Ilex verticillata, Winter Red Holly; Myrica cerifera, Southern Wax Myrtle, and Panicum virgatum, Switchgrass will be utilized as well throughout the design to provide screening and seasonal interest.
Proposed “Zones” for landscape treatment: Four major zones are proposed to receive landscape treatment identified as (1) General Thomas Highway, (2) Rural Roadside, (3) Views from Key Intersections, and (4) Screening Views from Private Residences. Other than the last zone
listed, “Screening Views from Private Residences” the plant pallet will be much the same throughout the
three zones. The major difference between these zones will be in the intensity of plantings or in the
case of key intersections the placement of plant groupings. Filtering views of the solar farm from
private residences will be accomplished by introducing additional evergreen plant species where
appropriate beyond what is utilized in the other three zones.
1. General Thomas Highway: Being the most heavily traveled corridor General Thomas Highway will
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kimley-horn.com 4500 Main Street, Suite 500, Virginia Beach, VA 23462 757 213 8600
have a more dense landscape treatment providing fewer openings between clusters of
vegetation. Intermittently placed plant materials of varying species in between clusters of more dense
planting groups will promote a naturally developed landscape.
2. Rural Roadside Planting: Areas where the Solar Farm fronts on public roads other than General
Thomas Highway will follow the same design principles and plant pallet as General Thomas Highwayhowever the amount of plant materials will not be quite as dense.
3. Views from Key Roadway Intersections of the Solar Farm will be broken up by the placement ofplant groupings directly across from the intersections intercepting the line of sight of the Solar Farm.
These clumps will be planted much in the same manner as the rest of the roadside plantings so as not
to create an isolated mass of plantings that looks out of place otherwise the design principle of keepinga consistent theme throughout the roadside plantings would be lost.
4. Screening for Private Residences: In areas where adjacent private residences have views of the Solar
Farm, a denser planting of evergreens will be provided at key locations on the Solar Farm. The plantingswill be arranged in a naturalistic pattern providing visual interest rather than a solid wall of the same
type evergreen. The plant pallet for this type of screening will consist predominately of species such
as, and similar to, Eastern Red Cedar, American Holly, Loblolly Pine, and Wax Myrtle.
Specific Design Characteristics of the Proposed Plant Species:
Autumn Brilliance Serviceberry is a small multi-stemmed, large shrub / small tree prized for
its brilliant orange – red fall color and disease resistance. Clusters of fragrant white flowers in
the spring.
Eastern Redbud is a small sometimes multi-trunked native tree that has an abundance of pink
flowers that appear along the stems and branches before the foliage in the spring.
White Fringe Tree. Prized large shrub or small tree with upright branches forming dome shape.
Soft green leaves back magnificent clusters of fringe-like blooms. A terrific accent for thelandscape. Deciduous.
American Holly is an evergreen native that thrives in full sun or as an understory in densely
wooded areas. It is a conical shaped small to medium sized tree that offers seasonal interest
with its profusion of red berries throughout the winter.
Eastern Red Cedar. This is an evergreen species commonly seen along Virginias roadsides as
well as in the woodlands. It occurs naturally throughout this region and is valued for its drought
tolerance, ease of maintenance, and dense evergreen foliage. It is commonly seen near
homesteads where it has been planted for windbreaks or as a specimen tree offering protectionfrom winds and sun.
Natchez Crepe Myrtle is a large shrub or small tree with smooth, dark cinnamon-brown
exfoliating bark. Glossy dark green leaves turn vibrant orange-red in fall. Panicles of pure
white, soft textured flowers bloom all summer. Makes an excellent specimen, accent or group
planting. Deciduous. Although not a native this tree is used for its superior drought toleranceand seasonal summer color. Crepe Myrtles are abundant in the Town of Franklin and along
the roadsides of Southampton County. Due to its non-native category it will be used sparingly.
Liriodendron tuliperifera is a beautiful large tree with unique bluish-green leaves gives
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kimley-horn.com 4500 Main Street, Suite 500, Virginia Beach, VA 23462 757 213 8600
spectacular show of yellow fall color. In warm season, displays handsome tulip-shaped
greenish-yellow and orange flowers. Deciduous. Due to its large size this tree is used sparinglyin areas where it’s height will not interfere with the solar panels receiving sunlight.
Loblolly Pine is the principal commercial southern pine and native to 15 southeastern states.
It is commonly used in masses to create quick evergreen screens which will be used only in
areas where screening for private residences is required.
American Sycamore will be placed between clumps of landscaping to break up the monotony
of evenly spaced groupings and offer visual contrast to the streetscape.
Willow Oak. Live Oak, and Bald Cypress will be used in key locations much in the same
manner as the Sycamore being placed in locations to offer visual interest and variety that will
enhance the naturalistic style of the landscape design.
Winterberry Holly is a handsome deciduous holly that produces copious amounts of dark red
berries when a male is planted nearby. Offering superior fruit set and retention, this nativeshrub. Berries add color to the fall and winter landscape. This holly will be used in a few key
locations offering seasonal color.
Switchgrass is a native grass that is drought tolerant and is available in several varieties that
offer various seasonal attributes from color to ornamental form. It is fast growing and will beused throughout the landscape areas to enhance the naturalistic design intent as well as offer
understory screening.
These plant species are conceptual in nature may be amended based on the Final Site Plan. The plantings proposed at the time of final site plan design will be functionally consistent with these preliminary landscape species in terms of deign intent, intensity and species-similarity.
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FeetDate: 8/8/2016By: LWTKHA Project No.: 116584000Page: 1 of 1Docu
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SOUTHAMPTON SOLARProject Map
8-9-2016
Boykins Substation
Point of Interconnection
Service Layer Credits: Source: Esri, D igitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
Meherr
in Rd (
35)
General Thomas Hwy (671)
Old Branchville Rd (666)
Number 8
Schoolhouse Rd (670)
Cross Keys Rd (665)
Boykins
Burnt Reed Rd (743)
Railroad Line
General T
homas Hwy (6
71)
Fullers Mill Rd (667)
LegendChain Link Fence (proposed)Ag Style Fence (proposed)
74
SOUTHAMPTON SOLAR
WEED CONTROL PLAN
Prepared By: Thomas J. Watschke, Ph. D
Professor Emeritus of Turfgrass Science
Pennsylvania State University
Date: August 9, 2016
Subject: Weed Control Plan for Southampton Solar – Southampton County, VA
Overview:
Project construction and operation will follow a weed control management plan (developed by qualified
professionals) including pre-construction identification, pre-construction herbicide treatment per species
specific requirements, construction phase monitoring, periodic spot treatment/mowing, establishment of
effective grass cover after construction, and annual monitoring and treatment.
Process:
1. Pre-Construction Inspection & Plan Development: A site inspection will be conducted to
identify existing Noxious/Invasive and other pervasive weeds on site and in the vicinity that
require attention (collectively “Identified Weeds”). The local agricultural extension service will
also be consulted to confirm expectations for local weeds that require attention.
a. Inspection should occur late March/early April (ideally just prior or concurrent with start
of construction activities), assuming a spring start of construction
b. Weeds germinate in late-February/March, thus late March/April is the optimal time to
identify and treat young weeds.
2. Pre-Construction Control Measures: Any Identified Weeds will receive pre-construction
control, those measures will differ depending on the identified species. A plan will be developed
to control and monitor each Identified weed. Likely remediation options include:
a. Post emergent selective-control-herbicide application, spot treatment (more likely).
b. Post emergent selective-control-herbicide application, broad area treatment (less likely)
c. Post emergent full-vegetative-control herbicide application, spot treatment (i.e. round-
up)
d. Potential multiple different solutions for different weed species requirements
This pre-construction treatment is important or weeds will flourish.
3. Construction Phase Mowing: During construction, monthly monitoring and mowing is
important as no pre-treatment is 100% effective. Mowing down weeds on a monthly basis (or as
75
otherwise necessary) will prevent any weeds that survived pre-construction control measures
from thriving and spreading.
4. Post Construction Establishment of Grass Cover: Establishing an effective grass cover, in
accordance with specified seeding and liming rates along with installation procedures and
scheduling will significantly limit future weed growth.
a. Following recommended liming and seeding rates, seeding schedule and other
recommendations is important.
5. Annual Spring Monitoring/Control: Annual monitoring conducted in the spring of each year,
and re-treatment as necessary (typically herbicide spot treatment). Prior to this annual
monitoring, the latest listing of invasive weeds (DCR) and noxious weeds (NRCS) should be
consulted to ensure those responsible for weed management are aware of any recent updates, and
the local agricultural extension service should be consulted.
a. Effective grass cover established over the first 2-3 years is expected to significantly
reduce weed growth.
b. Future years continue to monitor even smaller weed populations and further limited
herbicide treatment.
Appendix:
1. Virginia Noxious Weeds List
National Resources Conservation Service (NRCS)
http://plants.usda.gov/java/noxious?rptType=State&statefips=51
2. Virginia Invasive Plant Species List
VA Department of Conservation and Recreation (DCR)
http://www.dcr.virginia.gov/natural-heritage/invsppdflist
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Mike Johnson
From: Tom Tuffey <[email protected]>Sent: Friday, September 16, 2016 6:47 AMTo: Mike JohnsonSubject: turf cover for solar project
Mike: Based on your comments and the Parker letter, we have contacted the local experts further and are changing our turf grass proposal from fine fescues. The grass recommendations are based on these contacts and what all the construction folks have been using in Northampton county nc. Will be in the final plan submittal for approval by SH county. Thanks for the heads up tom
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YearLand Tax
(Estimated)
Personal Property Tax
(Estimated)Total County Tax
(Estimated)Land Tax
(Estimated)
Personal Property Tax
(Estimated)Total County Tax
(Estimated)Land Use Value
Full Land Value
Interest Rate
Value (Estimated)
1 $91,168 $275,673 $373,352 $113,960 $304,691 $418,650 625$ 2,200$ 10% 112,285$ 2 $92,079 $275,673 $374,329 $115,099 $304,691 $419,7903 $93,000 $275,673 $375,315 $116,250 $304,691 $420,9414 $93,930 $275,673 $376,312 $117,413 $304,691 $422,103 Assumes 1200 acres affected.5 $94,869 $275,673 $377,318 $118,587 $304,691 $423,2776 $95,818 $267,372 $370,034 $119,773 $295,516 $415,2897 $96,776 $259,438 $363,127 $120,970 $286,748 $407,7188 $97,744 $251,046 $355,771 $122,180 $277,472 $399,6529 $98,721 $242,163 $347,936 $123,402 $267,654 $391,05610 $99,709 $232,729 $339,560 $124,636 $257,227 $381,86211 $100,706 $222,713 $330,612 $125,882 $246,156 $372,03812 $101,713 $212,115 $321,093 $127,141 $234,443 $361,58413 $102,730 $200,873 $310,941 $128,412 $222,018 $350,43014 $103,757 $188,989 $300,157 $129,697 $208,882 $338,57915 $104,795 $176,369 $288,649 $130,994 $194,934 $325,92816 $105,843 $162,984 $276,387 $132,303 $180,140 $312,44317 $106,901 $148,802 $263,339 $133,626 $164,465 $298,09218 $107,970 $133,762 $249,445 $134,963 $147,843 $282,80519 $109,050 $117,835 $234,674 $136,312 $130,238 $266,55120 $110,140 $100,927 $218,934 $137,675 $111,551 $249,22621 $111,242 $83,039 $202,226 $139,052 $91,780 $230,83222 $112,354 $64,048 $184,427 $140,443 $70,790 $211,23323 $113,478 $43,924 $165,507 $141,847 $48,547 $190,39524 $114,613 $30,630 $153,429 $143,266 $33,855 $177,12025 $115,759 $30,630 $154,657 $144,698 $33,855 $178,55326 $116,916 $30,630 $155,898 $146,145 $33,855 $180,00027 $118,085 $30,630 $157,150 $147,607 $33,855 $181,46128 $119,266 $30,630 $158,416 $149,083 $33,855 $182,93729 $120,459 $30,630 $159,693 $150,574 $33,855 $184,42830 $121,664 $30,630 $160,984 $152,079 $33,855 $185,934
30 Yr Total $3,171,255 $4,701,901 $8,099,674 $3,964,069 $5,196,838 $9,160,907
SCENARIO A ‐ LOW RANGE SCENARIO B ‐ HIGH RANGE ROLLBACK TAXES DUE
78
Assumptions SourceCounty Tax Rate (For Roll‐Back years) 0.77 Previous rate, applied to 5 year back period
Land Use Value ($/ac) $625 Amy Carr ‐ fixed value across all Land Use properties
Full Land Value (Weighted Ave., $/ac) $2,200 CES Estimated
Acres Leased 1200 CES Estimated
Interest Rate 10% Amy Carr ‐ fixed value as established by Code
Tax Payment Delta $1,575
$1,455
Year 2011 2012 2013 2014 2015 20162011 $14,553
2012 $16,008 $14,553
2013 $17,609 $16,008 $14,553
2014 $19,370 $17,609 $16,008 $14,553
2015 $21,307 $19,370 $17,609 $16,008 $14,553
2016 $23,438 $21,307 $19,370 $17,609 $16,008 $14,553
Total Roll‐Back Due in 2016 (Back 5 years) $112,285
SOUTHAMPTON ROLL BACK TAX CALC ESTIMATE
79
AssumptionsCounty Tax Rate 0.82 Acres Leased 1200 Estimated Capitalized Value $190,000,000
Estimated Capitalized Value $190,000,000 Price/Ac (Yr. 1) $700 Tax Rate 0.82
VA SCC Tax Yrs Curve (Like Depreciation) 25 Land Use Value ($/ac) $625 Estimate Life of Project 30 years
Acres Leased 1200 Landowner Tax Responsibility $5 Taxable % (HB 1305) 20%
Lease Rent/acre (Yr 1) $700 Net Price/Ac (Yr. 1) $695
Annual Rent Escalation 1.00% Net Lease Payment Yr 1 $833,850
Cap Rate (For Present Value of Land per Rent) 0.07 Cap Rate 0.07
Life of Project (Yrs) 30 Year 1 Land Value $11,912,143
Public Service Rate 0.983 Tax Rate 0.82
An Rent Escalator 1.00%
YearLand Tax
(Estimated)Personal Property Tax
(Estimated)Total County Tax
(Estimated) YearLand Tax
(Estimated) Tax Year
Estimated SCC Tax Curve
(Like Depreciation) Taxable Value Tax Rate
Personal Property Tax
(Estimated)1 $97,680 $275,673 $373,352 Land Tax ‐ Year 1 $97,680 Year 1 90.0% $34,200,000 0.82 $275,673
2 $98,656 $275,673 $374,329 Land Tax ‐ Year 2 $98,656 Year 2 90.0% $34,200,000 0.82 $275,673
3 $99,643 $275,673 $375,315 Land Tax ‐ Year 3 $99,643 Year 3 90.0% $34,200,000 0.82 $275,673
4 $100,639 $275,673 $376,312 Land Tax ‐ Year 4 $100,639 Year 4 90.0% $34,200,000 0.82 $275,673
5 $101,646 $275,673 $377,318 Land Tax ‐ Year 5 $101,646 Year 5 90.0% $34,200,000 0.82 $275,673
6 $102,662 $267,372 $370,034 Land Tax ‐ Year 6 $102,662 Year 6 87.3% $33,170,200 0.82 $267,372
7 $103,689 $259,438 $363,127 Land Tax ‐ Year 7 $103,689 Year 7 84.7% $32,186,000 0.82 $259,438
8 $104,726 $251,046 $355,771 Land Tax ‐ Year 8 $104,726 Year 8 82.0% $31,144,800 0.82 $251,046
9 $105,773 $242,163 $347,936 Land Tax ‐ Year 9 $105,773 Year 9 79.1% $30,042,800 0.82 $242,163
10 $106,831 $232,729 $339,560 Land Tax ‐ Year 10 $106,831 Year 10 76.0% $28,872,400 0.82 $232,729
11 $107,899 $222,713 $330,612 Land Tax ‐ Year 11 $107,899 Year 11 72.7% $27,629,800 0.82 $222,713
12 $108,978 $212,115 $321,093 Land Tax ‐ Year 12 $108,978 Year 12 69.3% $26,315,000 0.82 $212,115
13 $110,068 $200,873 $310,941 Land Tax ‐ Year 13 $110,068 Year 13 65.6% $24,920,400 0.82 $200,873
14 $111,168 $188,989 $300,157 Land Tax ‐ Year 14 $111,168 Year 14 61.7% $23,446,000 0.82 $188,989
15 $112,280 $176,369 $288,649 Land Tax ‐ Year 15 $112,280 Year 15 57.6% $21,880,400 0.82 $176,369
16 $113,403 $162,984 $276,387 Land Tax ‐ Year 16 $113,403 Year 16 53.2% $20,219,800 0.82 $162,984
17 $114,537 $148,802 $263,339 Land Tax ‐ Year 17 $114,537 Year 17 48.6% $18,460,400 0.82 $148,802
18 $115,682 $133,762 $249,445 Land Tax ‐ Year 18 $115,682 Year 18 43.7% $16,594,600 0.82 $133,762
19 $116,839 $117,835 $234,674 Land Tax ‐ Year 19 $116,839 Year 19 38.5% $14,618,600 0.82 $117,835
20 $118,008 $100,927 $218,934 Land Tax ‐ Year 20 $118,008 Year 20 33.0% $12,521,000 0.82 $100,927
21 $119,188 $83,039 $202,226 Land Tax ‐ Year 21 $119,188 Year 21 27.1% $10,301,800 0.82 $83,039
22 $120,380 $64,048 $184,427 Land Tax ‐ Year 22 $120,380 Year 22 20.9% $7,945,800 0.82 $64,048
23 $121,583 $43,924 $165,507 Land Tax ‐ Year 23 $121,583 Year 23 14.3% $5,449,200 0.82 $43,924
24 $122,799 $30,630 $153,429 Land Tax ‐ Year 24 $122,799 Year 24 10.0% $3,800,000 0.82 $30,630
25 $124,027 $30,630 $154,657 Land Tax ‐ Year 25 $124,027 Year 25 10.0% $3,800,000 0.82 $30,630
26 $125,267 $30,630 $155,898 Land Tax ‐ Year 26 $125,267 Year 26 10.0% $3,800,000 0.82 $30,630
27 $126,520 $30,630 $157,150 Land Tax ‐ Year 27 $126,520 Year 27 10.0% $3,800,000 0.82 $30,630
28 $127,785 $30,630 $158,416 Land Tax ‐ Year 28 $127,785 Year 28 10.0% $3,800,000 0.82 $30,630
29 $129,063 $30,630 $159,693 Land Tax ‐ Year 29 $129,063 Year 29 10.0% $3,800,000 0.82 $30,630
30 $130,354 $30,630 $160,984 Land Tax ‐ Year 30 $130,354 Year 30 10.0% $3,800,000 0.82 $30,630
TOTAL $3,397,773 $4,701,901 $8,099,674 TOTAL $3,397,773 TOTAL $4,701,901
SOUTHAMPTON COUNTY LAND & EQUIPMENT TAX CALC ESTIMATE LAND VALUE CALCULATION (Yr 1) PERSONAL PROPERTY TAX CALCULATION
80
AssumptionsCounty Tax Rate 0.82 Acres Leased 1200 Estimated Capitalized Value $210,000,000
Estimated Capitalized Value $210,000,000 Price/Ac (Yr. 1) $700 Tax Rate 0.82
VA SCC Tax Yrs Curve (Like Depreciation) 25 Land Use Value ($/ac) $625 Estimate Life of Project 30 years
Acres Leased 1200 Landowner Tax Responsibility $5 Taxable % (HB 1305) 20%
Lease Rent/acre (Yr 1) $700 Net Price/Ac (Yr. 1) $695
Annual Rent Escalation 1.00% Lease Payment Yr 1 $833,850
Cap Rate (For Present Value of Land per Rent) 0.06 Cap Rate 0.06
Life of Project (Yrs) 30 Year 1 Land Value $13,897,500
Public Service Rate 0.983 Tax Rate 0.82
An Rent Escalator 1.00%
YearLand Tax
(Estimated)Personal Property Tax
(Estimated)Total County Tax
(Estimated) YearLand Tax
(Estimated) Tax Year
Estimated SCC Tax Curve
(Like Depreciation) Taxable Value Tax Rate
Personal Property Tax
(Estimated)1 $113,960 $304,691 $418,650 Land Tax ‐ Year 1 $113,960 Year 1 90.0% $37,800,000 0.82 $304,690.68
2 $115,099 $304,691 $419,790 Land Tax ‐ Year 2 $115,099 Year 2 90.0% $37,800,000 0.82 $304,690.68
3 $116,250 $304,691 $420,941 Land Tax ‐ Year 3 $116,250 Year 3 90.0% $37,800,000 0.82 $304,690.68
4 $117,413 $304,691 $422,103 Land Tax ‐ Year 4 $117,413 Year 4 90.0% $37,800,000 0.82 $304,690.68
5 $118,587 $304,691 $423,277 Land Tax ‐ Year 5 $118,587 Year 5 90.0% $37,800,000 0.82 $304,690.68
6 $119,773 $295,516 $415,289 Land Tax ‐ Year 6 $119,773 Year 6 87.3% $36,661,800 0.82 $295,516.11
7 $120,970 $286,748 $407,718 Land Tax ‐ Year 7 $120,970 Year 7 84.7% $35,574,000 0.82 $286,747.78
8 $122,180 $277,472 $399,652 Land Tax ‐ Year 8 $122,180 Year 8 82.0% $34,423,200 0.82 $277,471.65
9 $123,402 $267,654 $391,056 Land Tax ‐ Year 9 $123,402 Year 9 79.1% $33,205,200 0.82 $267,653.84
10 $124,636 $257,227 $381,862 Land Tax ‐ Year 10 $124,636 Year 10 76.0% $31,911,600 0.82 $257,226.64
11 $125,882 $246,156 $372,038 Land Tax ‐ Year 11 $125,882 Year 11 72.7% $30,538,200 0.82 $246,156.21
12 $127,141 $234,443 $361,584 Land Tax ‐ Year 12 $127,141 Year 12 69.3% $29,085,000 0.82 $234,442.55
13 $128,412 $222,018 $350,430 Land Tax ‐ Year 13 $128,412 Year 13 65.6% $27,543,600 0.82 $222,017.94
14 $129,697 $208,882 $338,579 Land Tax ‐ Year 14 $129,697 Year 14 61.7% $25,914,000 0.82 $208,882.39
15 $130,994 $194,934 $325,928 Land Tax ‐ Year 15 $130,994 Year 15 57.6% $24,183,600 0.82 $194,934.33
16 $132,303 $180,140 $312,443 Land Tax ‐ Year 16 $132,303 Year 16 53.2% $22,348,200 0.82 $180,139.90
17 $133,626 $164,465 $298,092 Land Tax ‐ Year 17 $133,626 Year 17 48.6% $20,403,600 0.82 $164,465.26
18 $134,963 $147,843 $282,805 Land Tax ‐ Year 18 $134,963 Year 18 43.7% $18,341,400 0.82 $147,842.69
19 $136,312 $130,238 $266,551 Land Tax ‐ Year 19 $136,312 Year 19 38.5% $16,157,400 0.82 $130,238.34
20 $137,675 $111,551 $249,226 Land Tax ‐ Year 20 $137,675 Year 20 33.0% $13,839,000 0.82 $111,550.64
21 $139,052 $91,780 $230,832 Land Tax ‐ Year 21 $139,052 Year 21 27.1% $11,386,200 0.82 $91,779.60
22 $140,443 $70,790 $211,233 Land Tax ‐ Year 22 $140,443 Year 22 20.9% $8,782,200 0.82 $70,789.80
23 $141,847 $48,547 $190,395 Land Tax ‐ Year 23 $141,847 Year 23 14.3% $6,022,800 0.82 $48,547.38
24 $143,266 $33,855 $177,120 Land Tax ‐ Year 24 $143,266 Year 24 10.0% $4,200,000 0.82 $33,854.52
25 $144,698 $33,855 $178,553 Land Tax ‐ Year 25 $144,698 Year 25 10.0% $4,200,000 0.82 $33,854.52
26 $146,145 $33,855 $180,000 Land Tax ‐ Year 26 $146,145 Year 26 10.0% $4,200,000 0.82 $33,854.52
27 $147,607 $33,855 $181,461 Land Tax ‐ Year 27 $147,607 Year 27 10.0% $4,200,000 0.82 $33,854.52
28 $149,083 $33,855 $182,937 Land Tax ‐ Year 28 $149,083 Year 28 10.0% $4,200,000 0.82 $33,854.52
29 $150,574 $33,855 $184,428 Land Tax ‐ Year 29 $150,574 Year 29 10.0% $4,200,000 0.82 $33,854.52
30 $152,079 $33,855 $185,934 Land Tax ‐ Year 30 $152,079 Year 30 10.0% $4,200,000 0.82 $33,854.52
TOTAL $3,964,069 $5,196,838 $9,160,907 TOTAL $3,964,069 TOTAL $5,196,838.09
SOUTHAMPTON COUNTY LAND & EQUIPMENT TAX CALC ESTIMATE LAND VALUE CALCULATION (Yr 1) PERSONAL PROPERTY TAX CALCULATION
81
AFFIDAVIT
I, ~ hl. 'SfY\'\-th , hereby certify that 1 have sent by first class mail one copy each of the attached notices of public hearings to all adjacent property owners listed hereinbelow pursuant to Section 15.2-2204, Code of Virginia, 1950 as amended.
ST ATE OF VIRGINIA
COUNTY OF SOUTHAMPTON, to-wit:
Edwards aI Virginia
Notary Public CommiSslOl'l No. 7553181
Mt Conmlssion Expires 0113112017
This day, a moo o d Co 71 U ", ;-1--6 appeared before me, Cynthia Jarratt Edwards, a Notary Public for the County of Southampton and being duly sworn, deposed and said that the above certification is true and correct.
Taken, subscribed and sworn to me this I" it, day of \'b rJ-:tf 'or b e J.-( I
My Commission Expires: __ .J.i",-0-'0u..i ____ ,20 1'7
Tax Map/Parcel # Name/Address of Adjacent Property Owner
See Attached
20 If.-
82
SOUTHAMPTON COUNTY Board of Supervisors
Notice of Public Hearing
Notice is hereby given pursuant to Section(s) 15.2-1427 and 15.2-2204 of the Code of Virginia, 1950, as amended that the Southampton County Board of Supervisors will hold a public hearing on Monday, September 26, 2016 at 7:00 p.m. , or as soon thereafter as may be heard, in the Board Room of the Southampton County Office Center at 26022 Administration Center Drive in Courtland , Virginia to consider the following matter:
0CPA 2016:01, Request by Southampton Solar LLC, applicant, on behalf of the follOWing owners: Powell Farms LLC, Powell Farms #2 , LLC, SDK Prairie LLC, Lilly Hawthorne and Lisa Haver, Hugh C. Vincent, Jr., Dean Vincent, Charles Felts, Larry Felts, Dennis and Elizabeth Vick, Millard Whitehead, Jr. , James and Linda Vick, Smithview Farms LLC , Farm & Food Industries Inc., Betty Stephenson TR, Margaret Murray, Stephen Bryant and Robyn Pickeral, for a Comprehensive Plan Amendment from Agriculture/Forest/Open Space/Rural Residential and Low Density Residential in the BoykinsBranchville-Newsoms Planning Area , to Institutional, on a portion of each of the properties listed below. The properties are in the Boykins Voting and Magisterial Districts and total approximately 3,685 acres. The properties are as follows: • Tract A: Tax Parcels 99-6A, 99-19, 99-19A, 100-2, 100-11 , 99-19B, west
of Meherrin Road (SR 35) , north and south of Old Branchville Road (SR 666) .
• Tract B: Tax Parcels 100-34, 100-33A, 100-48, 100-49, 100-50, 101-2, 101-3, 101-4, 101-12, north of General Thomas Highway (SR 671) between Meherrin Road (SR 35) and Three Bees Road (SR 721) .
• Tract C: Tax ParceI101-1C, northeast side of Three Bees Road (SR 721 ) approximately 2500' north of its intersection with General Thomas Highway (SR 671) .
• Tract D: Tax Parcel 101-21 , north and south of General Thomas Highway (SR 671) 1400' east of its intersection with Three Bees Road (SR 721) .
• Tract E: Tax Parcels 100-52, 100-53, 100-54, 100-56, 101-50, 101-52, 101-53, 101-53A, south of General Thomas Highway (SR 671 ) between Burnt Reed Road (SR 743) and Odom Chapel Road (SR 716) .
• Tract F: Tax Parcels 112-8 and 113-2, at the intersection of Number 8 Schoolhouse Road (SR 670) and Burnt Reed Road (SR 743) . o RZA 2016:04, Request by Southampton Solar LLC, applicant, on behalf of
the owners as listed above (in the notice for CPA 2016:01) for a Zoning Map Amendment from A-1 Agriculture, which permits general agriculture, farming and forestry, and certain residential, institutional , commercial, and industrial uses to CM-2, Conditional General Industrial with conditions to permit a solar power generating facility , and general agriculture, farming, forestry , raising of livestock, and single family dwelling accessory to a farm of ten (10) acres or more on a portion of each of the properties listed above in the notice for CPA
83
2016:01. The properties are in the Boykins Voting and Magisterial Districts and total approximately 3,685 acres. The properties identified as Tax Parcels 99-6A, 99-19, 99-19A, 100-2, 100-11, 99-19B, 100-34, 100-33A, 101-1 C, 101-52, 101-53, 101-53A, 112-8, and 113-2, are all designated "Agriculture , Forestry, Open Space, Rural Residential " in the 2015-2025 Southampton County Comprehensive Plan, and the density range in that classification provides "limited low-density residential development and accessory units may be permitted subject to the current options outlined in the Rural Residential section of the Zoning Ordinance." The properties identified above as Tax Parcels 100-48,100-49, 100-50, 101-2, 101-3,101-4, 101-12, 101-21 . 100-52, 100-53, 100-54, 100-56, 101-50, are all designated "Low Density Residential " in the 2015-2025 Southampton County Comprehensive Plan with a density range of (1) to (3) units per developable acre . The properties are all listed above in the notice for CPA 2016:01 .
€)cup 2016:05, Request by Southampton Solar LLC, applicant, on behalf of the owners as listed above for a Conditional Use Permit to construct a solar power generating facility per Southampton Code Sec. 18-313(38) on a portion of each of the properties listen in item 1 above. The properties are in the Boykins Voting and Magisterial Districts and total approximately 3,685 acres. The properties are as listed above.
4. CPA 2016:02 , Request by GEENEX c/o JCJrgen Fehr, applicant, on behalf of Richard W. Vaughn , owner, for a Comprehensive Plan Amendment from Agriculture/Forest/Open Space/Rural Residential in the Boykins-BranchvilleNewsoms Planning Area to Institutional. The properties are located in the general area of 31118 Meherrin Road , Boykins, are generally located on both side of Meherrin Road (SR 35) between General Thomas Highway (SR 671) and Lassiters Drive, a private road , and total approximately 422.72 acres. The properties include Tax Parcels 100-14, 100-14C, 100-14D, 100-31 , 100-31A, 100-31B, 100-31C, and 100-31D and are located in the Boykins Voting and Magisterial Districts .
5. RZA 2016:05 , Request by GEENEX c/o JCJrgen Fehr, applicant, on behalf of Richard W. Vaughn , owner, for a Zoning Map Amendment from A-1 , Agriculture , which permits general agriculture, farming and forestry , and certain residential , institutional, commercial , and industrial uses to CM-2, Conditional General Industrial with conditions to construct a solar power generating facility and general agriculture, farming and forestry and single family dwelling ancillary to general agriculture on a portion of each of the properties referenced in item 4 above (CPA 2016:02). The properties are located in the general area of 31118 Meherrin Road , Boykins, are generally located on both side of Meherrin Road (SR 35) between General Thomas Highway (SR 671) and Lassiters Drive, a private road , and total approximately 422.72 acres. The properties identified as Tax Parcels 100-14, 100-14C, 100-14D, 100-31, 100-31A, 100-31B, 100-31C and 100-310 are all designated "Agriculture, Forestry, Open Space, Rural Residential" in the 2015-2025 Southampton County Comprehensive Plan, and the density range
84
in that classification provides "limited low-density residential development and accessory units may be permitted subject to the current options outlined in the Rural Residential section of the Zoning Ordinance." The properties are all listed above in item number 4 (CPA 2016:02) and are located in the Boykins Voting and Magisterial Districts.
6. CUP 2016:06, Request by GEENEX clo Jurgen Fehr, applicant, on behalf of Richard W . Vaughn , owner, for a Conditional Use Permit to construct a solar power generating facility under Section 18-313(38) of the Southampton County Code. The properties are located in the general area of 31118 Meherrin Road , Boykins, are generally located on both side of Meherrin Road (SR 35) between General Thomas Highway (SR 671) and Lassiters Drive, a private road, and total approximately 422.72 acres. The properties include Tax Parcels 100-14, 100-14C, 100-140, 100-31, 100-31 , 100-31A, 100-31B, 100-31C, and 100-310 and are located in the Boykins Voting and Magisterial Districts .
7. RZA 2016:06, Request by The Curtis Group, Inc., applicant, on behalf of The Cheroenhaka (Nottoway) Indian Tribal Heritage Foundation, owner, for a zoning map amendment from A-2 , Agricultural to A-1 , Agricultural for Tax Parcel 75-12E. The property is approximately 100 acres in size , is located at 27345 Old Bridge Road, Courtland, and is located approximately 1,100 feet south of the intersection of Old Bridge Road (SR 742) and Southampton Parkway (US 58) The property is in the Franklin Voting and Magisterial Districts.
8. CUP 2016:07, Request by The Curtis Group, Inc., applicant, on behalf of The Cheroenhaka (Nottoway) Indian Tribal Heritage Foundation , owner, for a Conditional Use Permit to establish a sand mining operation to provide material for the construction of the interchange located at Bus 58 and US 58 in Courtland. The property is known as Tax Parcel 75-12E. The property is approximately 100 acres in size, with approximately 8.54 acres to be used for mineral extraction . The property is located at 27345 Old Bridge Road, Courtland, and is located approximately 1,100 feet south of the intersection of Old Bridge Road (SR 742) and Southampton Parkway (US 58) The property is in the Franklin Voting and Magisterial Districts .
Information associated with these matters is on file and available for public inspection in the County Administrator's office, 26022 Administration Center Drive, Courtland , Virginia during normal office hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.
Any person desiring to be heard on these matters should appear at the time and place referenced herein above and offer his or her comments to the Board of Supervisors.
The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Michael W. Johnson, Clerk, at (757) 653-
85
3015. Persons needing interpreter services for the deaf must notify Mr. Johnson at least seven (7) days in advance of the hearing.
Southampton County Board of Supervisors Michael W. Johnson, Clerk
86
Coastal Forest Resources Co. PO Box 709 Buckhannon, WV 26201
Elizabeth Drake 32053 Barnes Church Road Newsoms, VA 23874
Donald Harrington 4320 Augusta Terrace Portsmouth, VA 23707
Robert Andrews Est c/o David Taylor 30211 Statesville Road Newsoms, VA 23874
Fire Five Inc
4320 Augusta Terrace Portsmouth, VA 23707
Frederick and Martha Felts PO Box 311 Boykins, VA 23827
FIA TP Timber LLC 3575 Piedmont Road NE Bid 15-1250 Atlanta, GA 30305
Ronnie Smith and Trudy Gunn 16154 Old Branchville Road Boykins, VA 23827
Denise Edwards 32447 Burnt Reed Road Boykins, VA 23827
Maurice and Darla Lashley 32433 Burnt Reed Road Boykins, VA 23827
Hugh and Madeline Byrd PO Box 11
Boykins, VA 23827
Johnnie Bryant Life Estate 32365 Burnt Reed Road Boykins, VA 23827
James and Lewis Story 12518 Briar Forest Road Houston, TX 77077
Betsy Brantley 412 Meadow Lane Franklin, VA 23851
Ferguson Brothers LLC c/o James Ferguson 21005 Drake Road Franklin, VA 23851
Cynthia Champion 3750 Towne Point Rd Unit B Portsmouth, VA 23703
Melvin and Shirley Barnes 20393 Cross Keys Road Newsoms, VA 23874
Wallace and Mildred Benton 20383 Cross Keys Road Newsoms, VA 23874
Lloyd and Elizabeth Benton 20373 Cross Keys Road Newsoms, VA 23874
Harry Wilkerson etals 20363 Cross Keys Road Newsoms, VA 23874
Boykins Manor Mobile Home Park PO Box 130 Newsoms, VA 23874
Walter Tucker PO Box 211 Newsoms, VA 23874
Linda and Carla Vick PO Box 130 Newsoms, VA 23874
Glenn and Carolyn Crowder 20223 Cross Keys Road Newsoms, VA 23874
James Worrell Jr 20581 General Thomas Highway Newsoms, VA 23874
KD and Lillie Walton 30112 Statesville Road Newsoms, VA 23874
Atlantic Pole Virginia LLC PO Box 1124 Orangeburg, SC 29116
Raymond Pope 21188 General Thomas Highway Newsoms, VA 23874
J Keith and Patricia O'Bryant PO Box 6 Courtland, VA 23837
Odell Worrell Life Est 20581 General Thomas Highway Newsoms, VA 23874
87
Jo Anne Kelly 401 Meadow Lane Franklin , VA 23851
Mildred Arrington life Est 29503 Three Bees Road Newsoms, VA 23874
Rhonda Everett and Gerald Griffin 29340 Three Bees Road Newsoms, VA 23874
Alfred and Nancy Marchand 29442 Three Bees Road Newsoms, VA 23874
Gerald and Carol Griffin 72 McDowell Drive Wake Forest, NC 27587
Jack Turner 29288 Three Bees Road Newsoms, VA 23874
lillie Boone etals 117 South Avenue Staten Island, NY 10303
Randolph Darden Trust 25 E Glenbrook Circle Richmond, VA 23229
Arthur Peete Jr eta ls 218 W Graham Road Richmond, VA 23222
Winston and Amy Browne 19458 Cross Keys Road Boykins, VA 23827
Gregory and Kristin Reyno lds 19675 Cross Keys Road Boykins, VA 23827
Lisa Evans 20032 Cross Keys Road Newsoms, VA 23874
Kenneth Smith 19602 Cross Keys Road Boykins, VA 23827
Graydon Deloatche etals TR 9429 Broad Meadows Road Glen Allen, VA 23060
Robert and Kathy Vann 1817S Old Branchville Road Boykins, VA 23827
James and Gwendolyn Gray 18199 Old Branchville Road Boykins, VA 23827
Larry and Debra Felts 30346 Shiloh Road Boykins, VA 23827
Lillie Faison etals 18199 Cross Keys Road Boykins, VA 23827
Frederick and Martha Felts PO Box 311 Boykins, VA 23827
Harold and Shelley Futrell PO Box 128 Branchville, VA 23828
Douglas Milteer
18032 Cross Keys Road Boykins, VA 23827
Lavon Flythe 29386 Clarksbury Road Boykins, VA 23827
Amy Nahrebecki 29422 Clarksbury Road Boykins, VA 23827
Earl and Peggy Johnson TR 29426 Johnson Road Boykins, VA 23827
Rochelle Worrell 100 Sunset Drive Franklin, VA 23851
Alvis Johnson TR etals 29426 Johnson Drive Boykins, VA 23827
Cutchin Powell 2713 0 Street NW Washington DC 20007
Fuller Farms of VA Inc PO Box 129 Newsoms, VA 23874
Terrance and Jane Lacy 31239 Powells Hill Road Boykins, VA 23827
Richard Vaughan 136 S Garris Street Lasker, NC 27845
88
Vernon and Linda Baugham 19239 General Thomas Highway Boykins, VA 23827
Scott and Kelly Griffith 31985 Haydu Drive
Boykins, VA 23827
Chapman Lumber Co Inc 19585 Fullers Mill Road Boykins, VA 23827
Keith Loney PO Box 644 Hillside, NJ 7205
Glenn and Rosa Jordan 808 Almond Avenue Norfolk, VA 23502
Granger and Katie Flythe 4505 W Borough Drive Chesapeake, VA 23321
Bertha Artis 20056 Fullers Mill Road Boykins, Va 23827
Ruth Scott 20042 Fullers Mill Road Boykins, VA 23827
William and Queen Sledge 217 57th Place NE Washington DC 20019
Queen Walker and Sandra Way est 20008 Fullers Mill Road Boykins, VA 23827
Robert Brown 310 Oronoco Avenue Richmond, VA 23222
Pearl and Alvin Hicks 31413 Burnt Reed Road Boykins, VA 23827
Heather Doughtie 226 Scuppernong Road Manteo, NC 27954
William Nock TR 34603 Sandy Ridge Road Franklin, VA 23851
Leon, Amy and Neal Bolton 32130 Burnt Reed Road Boykins, VA 23827
Claudette Hatchett 6825 Cedar Crest Lane Prince George, VA 23875
Meherrin Valley Hunt Club Inc PO Box 71 Boykins, VA 23827
Southampton County PO Box 400 Courtland, VA 23837
Town of Boykins 18206 Virginia Avenue Boykins, VA 23827
Roderick Edwards 11271 Shiloh Drive Windsor, VA 23487
Thomas White
30065 General Thomas Highway Franklin, VA 23851
Melvin Mann PO Box 367 Boykins, VA 23827
James and Lewis Story 12518 Briar Forest Road Houston, TX 77077
Ferguson Brothers 21005 Drake Road Franklin, VA 23851
Howard and Marian Worrell 33126 Odom Chapel Road Boykins, VA 23827
Shiloh Baptist Church PO Box 40 Boykins, VA 23827
Dennis and Dorothy Darden 30259 Shiloh Road Boykins, VA 23875
George and Gilda Turner PO Box 392 Boykins, VA 23827
Timothy Turner 17105 White Meadow Road Boykins, VA 23827
Donald and David Harrington
4320 Augusta Terrace Portsmouth, VA 23707
89
Stephen Bryant and Robyn Pickeral 1 Woodlawn Drive Hampton, VA 23666
Farm & Food Industries c/o Carl Phillip Fave 4723 Eldon Court Virginia Beach, VA 23462
James and Linda Vick PO Box 130 Newsoms, VA 23874
Smithview Farms PO Box 321 Boykins, VA 23827
Margaret Murray PO Box 321 Boykins, VA 23827
Hugh C and Dean Vincent 440 Wood ridge Drive Murfreesboro, NA 27855
Millard Whitehead 201 Dogwood Drive Murfreesboro, NA 27855
Lilly Hawthorne and Lisa Haver 11424 Bria rcrest Drive Richmond, VA 23236
Powell Farms LLC PO Box 3037 Norfolk, VA 23514
Powell Farms #2 LLC PO Box 3037 Norfolk, VA 23514
SDK Prairie LLC 14528 Davis Lane Branchville, VA 23828
Betty Stephenson etals 1102 Embassy Court Virginia Beach, VA 23454
Charles Felts 30365 Vicks Millpond Road Branchville, VA 23828
Larry Felts 30346 Shiloh Road Boykins, VA 23827
Dennis and Elizabeth Vick 17155 White Meadow Road Boykins, VA 23827
Southampton Solar LLC 3 Radnor Corporate Center, Ste 300 100 Matsonford Road Radnor, PA 19087
90